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The Uncertainties Surrounding Honest Services Mail Fraud: Will the Supreme Court Provide a Fix or Declare It Unconstitutional in US v. Black?



Content Partner:  Celesq AttorneysEd Center
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Description:

Tom Gorman of Porter Wright Morris & Arthur LLP moderates this important program by Frank Razzano of Pepper Hamilton LLP, Ray Banoun of Cadwalader, Wickersham & Taft LLP, and Alice S. Fisher, Esq., Latham & Watkins LLP, who discuss honest services fraud in the private sector.  

Honest services fraud is an ill-defined term which has deeply split the circuits. Does it require a breach of fiduciary duty? If so, is the source of the breach of duty state or federal law? Must the defendant foresee actual harm or intend to cause actual harm? Must the defendant intend to achieve a private gain? Can materiality substitute for foreseeable harm, intent to cause harm or intent to achieve private gain? Some have suggested that it is so vague as to be unconstitutional. Join our presenters as they explore all these concepts and try to predict where the Supreme Court will end up in its decision in U.S v. Black.


Thomas O. Gorman, Esq. is a partner in the Washington, D.C. office of Porter Wright Morris & Arthur LLP, where he is currently the Chair of his firm's Securities Litigation practice group and formerly the partner-in-charge of the Washington, D.C. office (2000-2007). Mr. Gorman, whose practice involves a wide range of civil and criminal securities and business litigation matters, including conducting internal corporate investigations, defending public companies and individuals in SEC and DOJ investigations, and defending securities class action and derivative suits, is Co-chair of the ABA White Collar Crime Securities Section, and a former member of the staff of the Securities and Exchange Commission's Enforcement Division and Office of the General Counsel. He is a frequent speaker and author of articles regarding securities litigation topics and publishes a blog (www.SECActions.com), which comments on trends and current events in SEC and DOJ securities enforcement investigations and actions. In 2007, he was selected for inclusion in Super Lawyers in the area of securities litigation. Washington Business Journal previously recognized him as one of the five top lawyers in Washington, D.C.

Frank C. Razzano, Esq. is a partner in the Washington office of Pepper Hamilton LLP, focusing his practice on civil, commercial and criminal litigation, with an emphasis on U.S. Securities & Exchange Commission enforcement. Previously an Assistant U.S. Attorney for the District of New Jersey and an Assistant Chief Trial Attorney at the U.S. Securities and Exchange Commission, he is an adjunct professor of law at the University of Maryland Law School. Mr. Razzano is also a frequent news commentator and writer on SEC enforcement and white collar issues and currently serves as the civil law editor for RICO Law Reporter.

Raymond Banoun, Esq. is the managing partner of the Washington office of Cadwalader, Wickersham & Taft LLP and oversees his firm’s Business Fraud practice. A Fellow of the American College of Trial Lawyers, he represents corporations, financial institutions, investment firms, law firms, and individuals in criminal investigations and litigation. Mr. Banoun, who previously served as an Assistant U.S. Attorney for the District of Columbia, where he headed the Fraud Division, also served as Chairman of the ABA Criminal Justice Section's White Collar Crime Committee. He has written extensively for various legal publications and has spoken and organized various conferences on the enforcement of anti-fraud statues and banking and environmental laws.

Alice S. Fisher, Esq. is a Global Co-Chair of the White Collar and Government Investigations Practice Group of Latham & Watkins LLP and a partner in its Washington, D.C. office. She specializes in white collar criminal and internal investigations, including accounting and securities fraud, health care fraud and Foreign Corrupt Practices Act (FCPA) matters, congressional investigations and complex civil litigation. From 2005-2008, Ms. Fisher served as Assistant Attorney General in charge of the Criminal Division of the United States Department of Justice (DOJ). She also chaired the National Procurement Fraud Task Force, supervised the Medicare Fraud Strike Force and served as a member of the President's Corporate Fraud Task Force. Prior to 2005, Ms. Fisher was a litigation partner at Latham & Watkins.



Practice Areas: Corporate & Securities, Criminal Law & Procedure, White Collar Crime, White Collar Crime & Criminal Investigations
Online Media Type: Audio
Production Date: 09/24/2009 12:00 PM EDT
Level: Intermediate
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format: Live
Course Type: Public

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Speakers:
Raymond Banoun - Cadwalader, Wickersham & Taft; Washington, DC
Thomas O. Gorman - Partner-in-Charge - Porter Wright Morris & Arthur LLP; Washington, DC
Frank C. Razzano - Partner, Pepper Hamilton LLP; Washington, DC
Alice S. Fisher - Former Deputy Assistant Attorney General, Latham & Watkins; Washington, DC
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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