April 4-5, 2014

The Program on Corporate Compliance and Enforcement and the American Law Institute co-sponsored an April 2014 conference, “Deterring Corporate Crime: Effective Principles for Corporate Enforcement.”

The conference, organized by Jennifer Arlen ’86, Norma Z. Paige Professor of Law, centered on criminal and Securities Exchange Commission enforcement policy for individuals and firms. It featured more than 40 representatives from law schools, law firms, the judiciary, Department of Justice, SEC, and major companies. Preet Bharara, US attorney for the Southern District of New York, and Benjamin Lawsky, superintendent of financial services for the New York State Department of Financial Services, gave the two keynotes.

Over a period of two days, and with an emphasis on general deterrence, these experts considered how enforcement policy could best be structured to achieve its goal. Among the topics discussed were pretrial diversion, nonmonetary corporate sanctions, individual liability, securities fraud, whistleblowing, and the Foreign Corrupt Practices Act.

Conference Agenda: View Here

Keynote Speakers:
Preet Bharara, U.S. Attorney, Southern District of New York
Benjamin Lawksy, Superintendent of Financial Services, New York State Department of Financial Services

Presentations and Panels:

April 4, 2014

Corporate and Individual Criminal Liability: Theory and Evidence

  • Empirical Analysis of Corporate Criminal Enforcement: Brandon Garrett, Roy L. and Rosamond Woodruff Morgan Professor of Law, University of Virginia School of Law
  • Structuring Corporate and Individual Liability to Deter Corporate Crime: Jennifer Arlen, Norma Z. Paige Professor of Law, NYU School of Law

Panel 1: Corporate Enforcement: Deciding Whether to Prosecute or Use Pretrial Diversion
Moderator: Reinier Kraakman, Ezra Ripley Thayer Professor of Law, Harvard Law School
Panelists:

  • Eric Grossman, Chief Legal Office, Morgan Stanley
  • Bonnie Jonas, Deputy Chief, Criminal Division; Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of New York
  • Denis J. McInernery, former Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice
  • Judge Jed S. Rakoff, United States District Judge, Southern District of New York
  • John F. Savarese, Partner, Litigation, Wachtell, Lipton, Rosen & Kratz

Panel 2: Non-Monetary Corporate Sanctions: Appropriate Use and Content of Structural Reforms and Monitorships
Moderator: Jennifer Arlen, Norma Z. Paige Professor of Law, NYU School of Law
Panelists:

  • Cindy Alexander, former Economist, U.S. Department of Justice
  • John D. Buretta, Partner, Cravath, Swaine & Moore; former Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice
  • Mark Califano, Senior Vice President and Managing Counsel, Litigation, American Express
  • Judge John Gleeson, United States District Judge, Eastern District of New York
  • Jeffrey Knox, Chief, Fraud Section, Criminal Division, U.S. Department of Justice

Keynote Speech: Preet Bharara, U.S. Attorney, Southern District of New York

Panel 3: Indivitual Liability: Appropriate Form, Scope, and Reach
Moderator: Daniel Richman, Paul J. Kellner Professor of Law, Columbia Law School
Panelists:

  • Samuel Buell, Professor of Law, Duke University School of Law
  • Andrew Ceresney, Director, Division of Enforcement, U.S. Securities and Exchange Commission
  • Judge Gerard E. Lynch, United States Court of Appeals for the Second Circuit
  • Scott Muller, Partner, Davis Polk & Wardwell
  • Mythili Raman, former Acting Assistant Attorney General, Criminal Division, U.S. Department Justice

Panel 4: Securities Fraud and Financial Institution Liability
Security Fraud Enforcement Presentation and Moderator: Michael Klausner, Caryl Louise Boies Visiting Professor of Law, NYU School of Law; Nancy and Charles Munger Professor of Business and Professor of Law, Stanford Law School
Panelists:

  • Daniel Alter, General Counsel, New York State Department of Financial Services
  • George Canellos, Global Head, Litigation Department, Milbank, Tweed, Hadley & McCloy; former Director, Division of Enforcement, U.S. Securities and Exchange Commission
  • Stephen M. Cutler, Executive Vice President and General Counsel, JP Morgan Chase & Co,; former Director, Division of Enforcement, U.S. Securities and Exchange Commission
  • Robert Khuzami, Partner, Kirkland & Ellis; former Director, Division of Enforcement, U.S. Securities and Exchange Commission
  • Judge Raymond Lohier, United States Court of Appeals for the Second Circuit

Keynote Speech: Benjamin Lawksy, Superintendent of Financial Services, New York State Department of Financial Services

April 5, 2014

Panel 1: Foreign Corrupt Practices Act: Extending Liability Beyond Borders and Beyond Corporate Veils
Empirical Evidence on FCPA Enforcement Presentation:
Stephen Choi, Murray and Kathleen Bring Professor of Law, NYU School of Law
Moderator: Kevin E. Davis, Vice Dean, Beller Family Professor of Business Law, NYU School of Law
Panelists:

  • Bradford A. Berenson, Vice President and Senior Counsel, Litigation & Legal Policy, General Electric
  • Charles Cain, Deputy Chief, FCPA Unit, U.S. Securities and Exchange Commission
  • Matthew Queler, Assistant Chief, FCPA Unit, Fraud Section, Criminal Division, U.S. Department of Justice
  • Andrew Weissmann, Senior Fellow, NYU School of Law; former General Counsel, Federal Bureau of Investigation
  • Bruce Yannett, Partner, Debevoise & Plimpton

Panel 2: Private Investigation of Public Wrongs: Self-Reporting and Whistleblowing
Empirical Analysis of Qui Tam: David Freeman Engstrom, Associate Professor of Law, Stanford Law School
Moderator: Julie O'Sullivan, Professor of Law, Georgetown Law School
Panelists:

  • Miriam Baer, Associate Professor of Law, Brooklyn Law School
  • Judge Valerie E. Caproni, United States District Court, Southern District of New York
  • Sheila Cheston, Corporate Vice President and General Counsel, Northrop Grumman Corporation
  • Michael Granston, Director Commercial Litigation Branch, Fraud Section, Civil Division, U.S. Department of Justice
  • Jules Kroll, Co-Founder, K2 Intelligence

Benjamin Lawsky's photo is courtesy of the Office of the Governor of New York.