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Annual Federal Criminal Practice Program
Friday, May 17, 2019 Free
12:30 pm - 4:45 pm
4.0 hours Illinois MCLE, pending approval
Please join us for the Annual Federal Criminal Practice CLE program which will feature Emily Bazelon, Journalist, Legal Commentator, and author of “Charged: The New Movement to Transform American Prosecution and End Mass Incarceration.” Additional panels will cover Public Corruption, Healthcare Fraud, and Ethics in Notable Cases in the 200-Year History of the Northern District of Illinois.
Journalist and Legal Commentator
Author of “Charged: The New Movement to Transform American Prosecution and End Mass Incarceration”
Lisa M. Noller
National Chair, Government Enforcement, Defense & Investigations Practice Group
Foley & Lardner LLP
12:30 – 1:30 pm
Ethical Issues in the Court’s 200-Year History
In an ethics program commemorating the 200th anniversary of the U.S. District Court for the Northern District of Illinois, we will discuss current and past ethical implications arising from two historic matters in the Court’s history. First, we will use the 1969 “Chicago Seven” trial to discuss the line between forceful advocacy and conduct that could be considered contempt of court or a professional responsibility problem. Professor Richard Kling, who was present for the trial, will provide his historical insights. Second, we will discuss with Charles Sklarsky, one of the architects of the 1980s “Operation Greylord” investigation of corruption in Cook County courts, the ethical questions that were raised – and answered – in connection with the project’s having to advance “false” criminal cases through the state court system. On a broader level, we will address the ethics of lying for a greater good and of so-called “white lies” by lawyers. Jenner & Block General Counsel Robert Stauffer will offer his insights on all of these ethical issues. Jenner & Block’s Gabe Fuentes will moderate.
1:30 – 2:30 pm
Current Issues in Health Care Fraud
Leading practitioners and U.S. District Court Judge Matthew Kennelly share their insights on health care fraud, including the statutory framework, recent case law, navigating parallel criminal and civil investigations, and sentencing issues.
Panelists include: Heather K. McShain, Judge Matthew F. Kennelly, Stephen C. Lee, and Lisa M. Noller
2:30 – 2:45 pm
2:45 – 3:45 pm
Public Corruption Prosecutions after McDonnell
Hear about the current landscape in prosecuting and defending public corruption cases after McDonnell v. United States from a panel that includes former Assistant U.S. Attorneys Megan Cunniff Church of MoloLamken, Greg Deis of Mayer Brown, and Julie Porter of Salvatore Prescott & Porter. Moderated by Assistant U.S. Attorney Devlin Su.
3:45 – 4:45 pm
Author Emily Bazelon and Mass Incarceration
Emily Bazelon, lawyer by training and author of the new book, “Charged: The New Movement to Transform American Prosecution and End Mass Incarceration,” will address, among other things, the role of progressive prosecutors in addressing mass incarceration. All registrants will receive a complimentary copy of Emily Bazelon’s new book. (Registration for only Emily Bazelon’s appearance is $40.)
4:45 – 6:00 pm
Reception, immediately following the program
Emily Bazelon is a Senior Research Scholar in Law and Truman Capote Fellow in Law at Yale Law School. She is also a staff writer at the New York Times Magazine and author of the national bestseller Sticks and Stones: Defeating the Culture of Bullying and Rediscovering the Power of Character and Empathy. Before joining the Times, Bazelon worked for nine years as a senior editor at Slate. She has been a Soros media fellow, an editor and writer at Legal Affairs magazine, and a law clerk on the U.S. Court of Appeals for the First Circuit. She is a frequent guest on the Colbert Report and NPR’s Here and Now. Bazelon is a graduate of Yale College and Yale Law School.
Heather K. McShain is a Deputy Chief in the Financial Crimes Section and supervises the Health Care Fraud Unit within the U.S. Attorney’s Office for the Northern District of Illinois. Heather also serves as the Office’s Criminal Health Care Fraud Coordinator. Her responsibilities include supervising all criminal health care fraud matters and coordinating a multi-agency health care fraud working group. Previously, Heather served as a Deputy Chief in General Crimes and a line AUSA in the General Crimes, Financial Crimes, and Public Corruption and Organized Crime Sections. Prior to moving to Chicago, Heather also served as an AUSA in the Civil Division within the U.S. Attorney’s Office for the Southern District of New York, an associate at Jones Day in Washington, D.C., and a law clerk to Judge Robert Cowen, U.S. Court of Appeals for the Third Circuit, and Judge William Lee, U.S. District Court for the Northern District of Indiana. Heather obtained a B.S. in Mathematics from the University of Notre Dame and a J.D. from Notre Dame Law School, where she served as Lead Article Editor on the Notre Dame Law Review.
Judge Matthew F. Kennelly was appointed to the United States District Court for the Northern District of Illinois by President Bill Clinton in 1999. Before his appointment, Judge Kennelly worked as an attorney in private practice, representing individuals and corporations in complex civil cases and in criminal cases in trial and appellate courts. In 1996, he was a recipient of the American Bar Association’s Pro Bono Publico award, a Public Interest Law Initiative citation for distinguished public service, and the Mexican-American Legal Defense and Education Fund’s Community / Public Service award. In 1993, the Chicago Chapter of the Federal Bar Association awarded him its Walter J. Cummings Award for excellence in advocacy. Judge Kennelly has been a Fellow of the American College of Trial Lawyers since 1999, prior to his appointment to the bench. Since his appointment to the court, Judge Kennelly has served as the Seventh Circuit’s representative on the Information Technology Committee of the Judicial Conference of the United States and as a member of the Information Technology Advisory Committee of the Administrative Office of the U.S. Courts. Judge Kennelly also serves as the vice chair of the Seventh Circuit Criminal Jury Instruction Committee and as a member of the Seventh Circuit Civil Jury Instruction Committee, and he chairs a committee of district judges and lawyers that drafted and periodically updates the local rules for patent infringement cases in the Northern District of Illinois. He has served as president of the Federal Bar Association’s Chicago Chapter, the Richard Linn American Inn of Court, and the Lawyers Club of Chicago. Judge Kennelly received his undergraduate degree from the University of Notre Dame and his law degree from Harvard Law School.
Stephen’s experience as a federal prosecutor has equipped him with cutting-edge insight into the government’s use of analytics to drive its investigations. For almost two decades, Stephen has handled complex cases both as a federal prosecutor in Chicago and as a white collar criminal defense attorney representing large companies managing investigations. This enables Stephen to provide current perspective on solving today’s problems and avoiding tomorrow’s.
Lisa Noller is a trial lawyer and investigator with Foley & Lardner LLP, where she is chair of the Government Enforcement Defense & Investigations Practice. She has spent almost 25 years investigating, litigating, and trying complex criminal and civil cases, including the first Anti-kickback Statute (AKS) jury trials in the Northern District of Illinois. Her practice focuses on managing risk, responding to government investigations, conducting corporate internal investigations, and litigating a wide variety of civil and criminal matters in state and federal courts. Ms. Noller represents providers in parallel civil and criminal proceedings initiated by government agencies for alleged wrongdoing, and proactively counsels clients in Stark Law, AKS, False Claims Act and other health care enforcement and litigation matters. Ms. Noller is a member of the firm’s national management committee. She is also a member of the Health Care, Medical Devices, and Life Sciences Industry Teams, as well as the Government Enforcement, Compliance & White Collar Defense and Business Litigation & Dispute Resolution Practices.
Gabe Fuentes has been a litigation partner at Jenner & Block from 2006 to the present, and was an associate and partner at the firm from 1994 to 2001. In between, he spent five years as an assistant U.S. attorney in Chicago. Gabe has handled several important professional responsibility matters for lawyers and law firm clients in his tenure at Jenner & Block. Earlier this year, he was selected as the next U.S. magistrate judge in Chicago, pending completion of an FBI background check.
Professor Kling joined the faculty of the law school in 1981, having previously taught trial advocacy at Northwestern University School of Law. He also taught for the Illinois Defender Project’s intensive training programs for lawyers, lectured at Northwestern’s Short Course for Defense Lawyers, and has been a faculty member of the National Institute for Trial Advocacy.
Professor Kling has regularly appeared as a professor-reporter for the Administrative Office of the Illinois Courts and was recently appointed professor-reporter by the Illinois Supreme Court for the Capital Case Committee. He teaches classes in Evidence, Forensic Sciences and Professional Responsibility at the law school, regularly lectures to lawyers and judges on the Illinois Rules of Evidence, and participates in CLE programs for bar associations and public defender’s offices in Chicago and surrounding counties.
Professor Kling is co-editor of a three-volume training manual for the Cook County Public Defender and is the author of Illinois Criminal Defense Motions, a manual of motions for Illinois criminal defense practitioners. He is regularly quoted and interviewed by local and national electronic and print media regarding cases in which he is involved and other cases of note, as well as general criminal justice issues.
Charles B. Sklarsky is Of Counsel in the firm’s Investigations, Compliance and Defense Practice and a Fellow of the prestigious American College of Trial Lawyers. Individuals and companies seek his counsel on issues ranging from fraud and abuse, conflicts of interest and criminal tax matters to criminal antitrust, theft of trade secrets, securities fraud, and regulatory matters. He represents clients in grand jury investigations, SEC investigations and enforcement actions, FCPA investigations and enforcement actions, qui tam litigation, complex civil litigation, and appearances before regulatory bodies. Mr. Sklarsky counsels individuals and companies involved in the gaming industry in Illinois and elsewhere and represents clients before the Illinois Gaming Board. He also counsels companies on compliance issues.
Robert R. Stauffer is a Partner in Jenner & Block’s Chicago office and serves as the firm’s General Counsel. He is a member of the firm’s Investigations, Compliance and Defense Practice and Chair of the Health Care Practice. He is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.
Megan Cunniff Church is a partner at MoloLamken LLP. There, she represents companies and individuals in high-stakes civil litigation and criminal and regulatory matters. She also conducts corporate internal investigations in the U.S. and abroad, and advises clients on crisis and risk management. Megan previously served as an Assistant U.S. Attorney in Chicago, with assignments in the Public Corruption section and as a Deputy Chief in the Financial Crimes section and in General Crimes.
Greg Deis is a partner at Mayer Brown LLP and co-chair of the firm’s White Collar Defense & Compliance practice. Greg’s practice focuses on internal investigations, defending clients in criminal and regulatory proceedings and complex litigation. Greg previously served as an Assistant US Attorney in Chicago, assigned to the Public Corruption section
Julie B. Porter is a founding partner at Salvatore Prescott & Porter, PLLC, where she brings her deep experience with complex commercial litigation and prosecuting public corruption, financial crimes, and child exploitation to a private practice that focuses on sophisticated criminal defense and investigative work, commercial litigation, and civil rights and employment litigation. Julie previously served as an Assistant U.S. Attorney in Chicago, holding numerous supervisory positions, including Chief of the office’s Criminal Division where she supervised nearly 150 criminal prosecutors.
Devlin N. Su currently serves as an Assistant U.S. Attorney in Chicago, where he is assigned to the Narcotics and Money Laundering section. Before joining the U.S. Attorney’s Office, he was a litigation associate at Jenner & Block LLP, and a law clerk for the Honorable Edmond E. Chang in the Northern District of Illinois