Deterring Corporate Crime: Effective Principles for Corporate Enforcement

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.

Speakers included:

Preet Bharara, US Attorney for the Southern District of New York (lunch keynote)
Benjamin Lawsky, Superintendent of Financial Services, New York State Department of Financial Services (dinner keynote)
Daniel Alter, General Counsel, NYS Department of Financial Services
Bradford A. Berenson, Vice Pres. & Sr. Counsel, Litigation & Legal Policy, General Electric Company
Lanny Breuer, Partner, Covington & Burling
John Buretta, Partner, Cravath
Charles Cain, Deputy Chief, FCPA Unit, Securities and Exchange Commission
Mark Califano, Senior Vice President and Managing Counsel, American Express
Valerie Caproni, US District Judge, Southern District of New York
George Canellos, former Director, Division of Enforcement, SEC
Andrew Ceresney, Director, Division of Enforcement, Securities and Exchange Commission
Sheila Cheston, CVP and General Counsel, Northrop Grumman Corp.
Steve Cutler, Executive Vice President and General Counsel, JP Morgan Chase & Co.
Judge John Gleeson, US District Judge, EDNY
Michael Granston, Director Commercial Litigation Branch, Fraud Section, Civil Division, DOJ
Eric Grossman, General Counsel, Morgan Stanley
Bonnie Jonas, Deputy Chief of the Criminal Division and Assistant United States Attorney, SDNY
Robert Khuzami, Partner, Kirkland and Ellis
Jeff Knox, Chief, Fraud Section Criminal Division, DOJ
Jules Kroll, Founder K2 Intelligence
Judge Gerard Lynch, US Court of Appeals for the Second Circuit
Denis J. McInerney, Deputy Assistant Attorney General, Criminal Division, DOJ
Scott Muller, Davis Polk and Wardwell
Judge Jed Rakoff, US District Judge, SDNY
Matthew Queler, Assistant Chief, FCPA Unit, Fraud Section, Criminal Division, DOJ
Mythili Raman, Acting Assistant Attorney General, Criminal Division, DOJ
Judge Raymond Lohier, US Court of Appeals for the Second Circuit
John Savarese, Partner, Wachtell Lipton
Andrew Weissman, fellow here and former General Counsel, FBI
Bruce Yannett, Partner, Debevoise & Plympton
Professor Jennifer Arlen, NYU School of Law
Professor Miriam Baer, Brooklyn Law School
Professor Samuel Buell, Duke Law School
Professor Steve Choi, NYU School of Law
Professor Kevin Davis, NYU School of Law
Professor David Engstrom, Stanford Law School
Professor Michael Klausner, Stanford Law School
Professor Reinier Kraakman, Harvard Law School
Professor Geoffrey Miller, NYU School of Law
Professor Daniel Richman, Columbia Law School
Professor Julie O’Sullivan, Georgetown Law School

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