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The Interface of Technology and White Collar Crime: How to Litigate in the Electronic Age



Content Partner:  West LegalEdcenter and Westlaw GC
Price: $195.00*
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Description:
In each phase of the investigation and prosecution of white collar matters, the role of technology looms ever larger.  It is often the means by which the crime is committed, it is more and more a method of investigation, and it is inevitably a substantial portion of the evidence.  It is no longer enough to foist those issues onto those who provide litigation support.  These aspects of the case have to be analyzed with the same level of knowledge and scrutiny as any other legal or factual issue. 
 
This program will discuss the use of technology to commit crimes, focusing on recent examples of cyber money laundering, cyber bank fraud, and internet gambling, and the extent to which technology-based offenses can be committed in far flung jurisdictions that challenge and even exceed the jurisdictional reach of U.S. authorities and courts.  Many of our clients are also looking for guidance and advice as to how to guard against being the victim of cyber crime, and so we'll discuss cyber threats and security.  
  
As white collar practitioners, we also need to be focused on the government's use of technology to develop and investigate criminal cases.   The SEC, for example, is implementing new software designed to use analysis of patterns of text to pinpoint potential fraud associated with public filings. 
Finally, the issues associated with technology as evidence continue to evolve.  The authorities may gain access to electronic communications, but there are meaningful limits on that access that can form the basis for suppression of cyber evidence.  And more and more, the most effective litigator in the courtroom is the one who can marshal and access the constantly expanding realm of electronic data.
The program will include discussion of the following:
 
I. Technology as a Means of Commission
  • Cyber money laundering
  • Prevention of cyber theft & remediation 
II. Technology as Method of Investigation 
  • Data mining and the constitutionality of internet surveillance
  • SEC’s use of data and analytical software
  • FBI/DOJ’s access to internet communications:
  • Electronic Privacy Act
III. Technology as Evidence
  • Government’s obligations when seizing and producing electronic info
  • Control and analysis of the data
 
YOUR SPEAKERS:
Maranda E. Fritz is a Partner with Thompson Hine LLP. Ms. Fritz defends individuals, corporations, securities brokerage firms and funds, and securities professionals in white collar criminal proceedings, complex commercial litigation, and regulatory matters. She regularly represents her clients in matters involving the U.S. Department of Justice, the U.S. Securities and Exchange Commission (SEC), the New York State Attorney General's Office, the New York County District Attorney's Office, and FINRA. Having been a prosecutor for 10 years and a criminal defense attorney for more than 20, she has a comprehensive understanding of how to obtain the best possible result for those accused of criminal or regulatory violations. Ms. Fritz has a long record - in federal and state courts - of obtaining acquittals and of winning favorable results for clients where others had recommended to the client that he or she accept a government plea offer. Her willingness to defend a case at trial and her record of success also serve as powerful tools that she is able to employ in dealings with prosecutors and regulators to obtain pre-trial resolution of a criminal or regulatory proceeding. 
 
Marion Bachrach is a Partner in Thompson & Knight's Trial and Government practice and a veteran trial and appellate lawyer. She focuses her practice on white-collar criminal defense, internal investigations, and complex regulatory and civil actions. She has litigated high-profile cases and has more than 30 years of experience handling complex criminal and civil litigation and investigations. She represents both institutional and individual clients and has considerable experience counseling professionals, including lawyers, executives, accountants, and physicians. Her practice focuses on white-collar criminal defense, internal investigations for corporate and other entities, attorney disciplinary proceedings, regulatory enforcement, and complex litigation.

Thomas G.A. Brown is the Deputy Chief for Cyber of the Complex Frauds Unit at the United States Attorney's Office for the Southern District of New York. A federal prosecutor with more than 10 years' experience, Mr. Brown leads a group of 15 AUSAs focused on prosecuting computer and intellectual property offenses, including computer hacking, Internet-based fraud, theft of trade secrets, and cyber national security matters, including economic espionage. Mr. Brown and his team have a particular focus on pursuing overseas cyber criminals using novel and creative investigative techniques. Mr. Brown also serves as an advisor to other AUSAs around the country on cyber crime and electronic evidence matters, and regularly lectures on cyber crime issues to business and law enforcement groups. In addition, Mr. Brown is an Adjunct Professor of Law at Fordham University School of Law where he teaches a seminar on cyber crime, covering computer misuse crimes, intellectual property offenses, the Fourth Amendment in cyberspace, computer evidence at trial, data breach and privacy issues, and information security, among other areas. Mr. Brown is a recipient of the FBI Director's Award for Outstanding Cyber Investigation and the Federal Law Enforcement Foundation's Federal Prosecutor of the Year Award in connection with his work on developing the Southern District of New York's nationally recognized cyber crime program.
 
Ronald E. Plesco, Jr., a renowned Information Security & Privacy Attorney with 14 years experience in Information Assurance/Privacy, Identity Management and Computer Crime Law, and former federal prosecutor, Ron is a principal at KPMG and on the board of private/federally funded National Cyber Forensic Training Alliance, which he co-founded. NCFTA brings together local, state, and federal/international law enforcement and intel entities, private companies, and academia to collaborate and develop intelligence on cyber crime.
 
Christian Wilson is a member of the U.S. Secret Service New York Field Office Electronic Crimes Task Force. During his tenure, he has been involved in the investigation of a number of significant data breeches. He has assisted in both the initial response and subsequent investigation of intrusion of some of the largest financial services entities in the world.


Practice Areas: Banking & Finance Law, Corporate & Securities, Criminal Law & Procedure, Cybercrime & Computer Forensics, Money Laundering, White Collar Crime, White Collar Crime & Criminal Investigations
Online Media Type: Video
Production Date: 10/23/2013 11:00 AM EDT
Level: Intermediate
Category: Standard
Duration: 2 Hours, 0 Minutes
Online Format: Live
Course Type: Public

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Training Type: Online

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Speakers:
Maranda E. Fritz - Partner - Thompson Hine LLP, New York
Thomas G.A. Brown - Assistant U.S. Attorney and Deputy Chief for Cyber, Complex Frauds Unit - United States Attorney's Office, Southern District of New York
Marion Bachrach - Partner - Thompson & Knight LLP
Ronald E. Plesco, Jr. - Managing Director, Advisory Risk Consulting - KPMG LLP, Harrisburg
Christian Wilson - Special Agent, Electronic Crimes Task Force - U.S. Secret Service, New York
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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