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Description: This session will explore the challenges and novel legal issues arising in Federal criminal trial practice and procedure stemming from the pandemic. We will explore a variety of legal issues arising from COVID restrictions including challenges to the empanelment and activities of grand juries; difficulties in handling discovery practice and proposed changes to Rule 16 and the Jencks Act; limitations on defense investigation, client consultation and witness interviews; speedy trial concerns; motions seeking to ensure a fair cross-section of the defendant’s community in jury selection; effective advocacy in the courtroom with social distancing and mask wearing; as well as the proper preservation of appellate issues.
Presenter Bios
Peter F. Vaira is an attorney practicing in Philadelphia, Pennsylvania. He is a former United States Attorney for the Eastern District of Pennsylvania . He was a career attorney in the U.S. Department of Justice Organized Crime Section, serving as Attorney in Charge of both the Organized Crime Strike Forces in Chicago and Philadelphia. He handled and supervised numerous federal cases in those positions. He served as Independent Hearing Officer of the Laborers International Union of North America, a position created by the Department of Justice and the union. His practice includes white collar criminal defense, and acting as a court appointed Special Hearing Master for the courts of Philadelphia. He is a fellow of the American College of Trial Lawyers. He is licensed in Pennsylvania, Illinois, and the District of Columbia. He writes a regular column for the Legal Intelligencer, the daily legal paper of Philadelphia, and is Editor of Eastern District of Pennsylvania Federal Practice Rules, Annotated, Gann Law books, for the past 15 years.
Michael Engle is the Chair of the firm’s White Collar Defense, Compliance & Investigations practice group and a fellow of the American College of Trial Lawyers. He is first and foremost a trial lawyer, representing individuals and entities in state and federal criminal matters. He focuses on complex white collar defense, internal or parallel investigations and corporate compliance, as well as select civil litigation matters typically involving the defense of qui tam/False Claims Act complaints.
Michael has experience handling cases in the Pennsylvania state courts as well as federal courts in Pennsylvania, New Jersey, New York, Delaware, Maryland and Washington, D.C. He also routinely represents clients in connection with grand jury subpoenas and regulatory matters.
Michael’s clients include individuals, public officials and professionals, small and large business entities, closely held companies, non-profits and other organizations.
As part of his practice, Michael guides companies through internal investigations in civil, criminal and regulatory matters related to government inquiries as well as issues such as employee theft and fraud, workplace injuries and deaths, and theft of trade secrets or confidential business information.
He also assists companies and organizations with audits of compliance programs related to matters involving Anti-Money Laundering, the Bank Secrecy Act, the Foreign Corrupt Practices Act and many other related laws and regulations. Michael also has extensive experience with Antitrust, environmental and healthcare litigation matters.
Michael’s practice also includes Title IX investigations and the defense of fraternity members or organizations that involve grand jury investigations as well as the criminal and civil defense of fraternity hazing cases.
Michael is a frequent speaker on the white collar practice, grand jury matters, federal criminal litigation and other criminal law topics. He is a past president of the Pennsylvania Association of Criminal Defense Lawyers (PACDL) and current co-chair of the white-collar committee of PACDL. He is also a member of the board of directors for the National Association of Criminal Defense Lawyers, and a member of the Federal Bar Association’s Criminal Law Committee and the American Bar Foundation.
Ann Flannery’s practice focuses on federal criminal defense, particularly the representation of individuals in white collar investigations and prosecutions. An accomplished trial lawyer, she has achieved federal jury acquittals for clients facing allegations ranging from a $20 million bank fraud to multiple armed bank robberies.
A graduate of Harvard Law School and a former federal prosecutor, Ann brings attention to detail, criminal defense experience spanning three decades, and a deep understanding of the federal criminal justice system to her practice. Clients have relied on Ann to represent them in a broad range of federal investigations and prosecutions involving bank fraud, insider trading, money laundering, public corruption, investment fraud, pharmaceutical and health care crimes, tax fraud, and procurement fraud.
As a federal prosecutor in Philadelphia in the 1990’s, Ann focused on the prosecution of white collar crime. She organized and led a tri-state bank fraud working group comprised of state and federal investigators, regulators and prosecutors, and frequently lectured on bank fraud. Her many jury trial successes on the prosecution side included convictions involving civil rights violations by prison guards for multiple inmate beatings; the fraudulent use of internationally disseminated stolen bearer bonds by a Swiss lawyer; a “bust-out” business fraud operation; various tax fraud schemes; and a nationwide credit card scam.
With trial victories on both the prosecution and defense side, Ann has taught extensively in Temple Law School's nationally recognized trial advocacy program and created a course on the Law of Investigations. She is an executive committee member of the Philadelphia chapters of the Federal Criminal Law Committee and the Women’s White Collar Defense Association, and is a former board member of the Pennsylvania Innocence Project.
 | | Practice Areas: | | Criminal Law & Procedure | | | Online Media Type: | | Audio | | | Production Date: | | 12/03/2020 12:00 PM EST | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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| | • | Peter Vaira - Greenblatt, Pierce, Funt and Flores, LLC | | • | Michael J. Engle - Buchanan, Ingersoll & Rooney PC | | • | Ann Flannery - Law Offices of Ann C. Flannery, LLC |
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