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February 24, 2010

Off to Miami for National Institute on White Collar Crime

N10wcc1 As detailed here on the ABA's website, today starts the 2010 White Collar Crime National Institute.  I have the great fortune and pleasure to be escaping a predicted snowstorm in NYC to head this afternoon to Miami Beach to participate on a terrific sentencing panel taking place Thursday morning.

Everyone can access at this link the full program for this big event, which details that the feature speaker is Lanny Breuer, the DOJ Assistant Attorney General.  In addition, the promotional materials indicate that "keynote panels will focus on the most significant fraud trials of the past year, as well as an in-depth review of recent developments regarding the Brady Rule."  Here is how my panel is titled and described:

SENTENCING IN WHITE COLLAR CRIMINAL CASES AND WITNESS/VICTIM RIGHTS: Panelists will address several topics related to sentencing in white collar criminal cases, including reasonableness, loss causation and calculation, the rights of victims, and approaching any appeal.

February 24, 2010 at 03:14 PM | Permalink


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Missing from Symposium.

1) Death penalty for crimes causing more than $6 million in damages. Every penny of value ever generated came from the labor of a real person. Theft destroys the life labor of real people. Past a certain amount, a constructive economic person has been murdered. Because most white collar criminals are not impulsive, but calculating, this likely the best area where the death penalty has a deterrent property.

2) Tactics of Counter-Attack for the Innocent Defendant. Most prosecutions are of regulatory infractions, bogus pretexts for the federal cult criminal to plunder a productive entity. The counter-attack against this cult criminal should be pitiless. It can start with e-discovery of all personal and work computers. This cult criminal should be placed in a national database. He should be boycotted by all service and product providers. If he starves, freezes or dies of a painful disease, so much the better.

Why are these considerations missing? They would shrink the field by deterring the criminals and the prosecution. The defense bar owes its job to the prosecution not to the client, a fungible commodity. So the defense will never zealous defend the legal interests of the client. The whole field is a bunco operation, the biggest white collar crime itself.

Posted by: Supremacy Claus | Feb 24, 2010 5:12:54 PM

Poor Commissioner Howell. On a panel discussing sentencing with three defense attorneys, a Clinton-appointed judge, and Prof. Berman.

Gee, I'm sure that'll be "fair and balanced" discussion of sentencing, loss, and victim enhancements.

Posted by: Ferris Bueller | Feb 25, 2010 9:47:02 AM

I thought a Clinton-appointed judge threw Bernie in the slammer for 150 years...

Posted by: Res ipsa | Feb 25, 2010 12:01:34 PM

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