White collar crime, border searches of electronic devices are hot topics at ABA Criminal Justice Spring Meeting

WASHINGTON —  Judges, prosecutors, attorneys and other legal experts will discuss white collar crime, border searches of electronic devices, prosecuting children as adults and other hot topics during the American Bar Association Criminal Justice Session’s 2018 Spring Meeting April 5-8 in Tampa, Fla.

A highlight of the program will be a presentation by keynote speaker P. David Lopez, a Harvard professor and former general counsel for the Equal Employment Opportunity Commission, on Friday from 8:40-9 a.m. He will speak on the topic, “The 150th Anniversary of the 14th Amendment: Glass Half Empty or Half Full?

Other program highlights include:

“White Collar Crime Townhall: Lessons Learned from Handling High-Profile White Collar Cases”

Highly experienced trial lawyers discuss their handling of recent high-profile white collar cases including allegations of public corruption, health-care fraud and other criminal issues. This roundtable will address issues that frequently arise in high-profile investigations and prosecutions, including interacting with the Department of Justice, how to handle the “politician” client, addressing the media, getting paid (and other ethical issues) among other issues white collar lawyers face daily. Speakers are Kirk Ogrosky, Arnold & Porter, Washington, D.C.; and Claire Rauschler, Womble Bond Dickinson, Charlotte, N.C.

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“Clash of the Titans–Prosecutor’s Discretion vs the Executive’s Duty to Enforce Law”

Prosecutors are free to exercise discretion but what happens when that discretion is used to take a stance on a category of cases?  This panel will explore whether foregoing individualized assessments of a category of criminal cases is an abdication of the prosecutor’s office or upholding policy intended to increase fairness in the system.  Panelists will also specifically address Florida Gov. Rick Scott’s authority to take death penalty cases away from Orange-Osceola State Attorney Aramis Ayala. Panelists include: Aramis Ayala, state attorney, Ninth Judicial Circuit Court of Florida; Joshua Marquis, district attorney, Clatsop County, Astoria, Ore.; Cynthia A. Stafford, Florida House of Representatives, Tallahassee; and Marcos Hasbun, attorney, Zuckerman Spaeder, Tampa. Moderator will be Melba Pearson, deputy director, ACLU Florida.

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“Migration, Globalization and Criminal Law: Can the Law Keep Pace with the Migrants?”

Panelists will address the criminalization of migrating refugees and illegal aliens. How does an illegal alien establish legal status and access protection from the host country and when is this appropriate? If a migrant is detained, how do they arrange for representation upon arrival? Does resentment from citizens and legal residents impact the government’s ability to drive the response to migrant populations toward pragmatic solutions? Panelists are: Chris Rickerd, policy counsel, ACLU, Washington, D.C.; Bruce Zagaris, attorney, Berliner Corcoran & Rowe, LLP, Washington, D.C.; Judge Carlos Mendoza, Middle District of Florida, Orlando; Judge Anthony E. Porcelli, Middle District of Florida, Tampa; and Markus Rubenstahl, attorney, WisteV, Frankfurt, Germany. Moderator will be Tyler Hodgson, senior investigator, The World Bank, Washington, D.C.

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“Border Insecurity – The Changing Legal and Technical Landscape of Border Searches of Electronic Devices”

This panel will address the legal, technical and practical issues related to border searches of electronic devices – both entering and leaving the United States – and the implications for U.S. citizens, noncitizens, lawyers, journalists and those carrying proprietary or other confidential information on electronic devices when they travel internationally. The panel will discuss current Customs and Border Patrol policies and practices, potential reforms, the distinctions among different persons (i.e., lawyers, citizens, etc.) and current litigation challenging certain CBP procedures. Panelists are: Joshua Dratel, New York, N.Y.; and Laura Donohue, Georgetown Law School, Washington, D.C.