Webcast: Corporate Compliance and Sentencing Guidelines

March 30, 2022

Please join our distinguished panelists for a recorded discussion about the U.S. Sentencing Guidelines and how they apply in corporate enforcement actions. They discuss issues arising in white collar matters and strategies that can impact the calculation of the Sentencing Guidelines fine range, including gain from the offense, corporate recidivism, and cooperation, among other issues. Another area of focus is how the Guidelines address corporate compliance programs and how organizations can position themselves for maximum credit.

View Slides (PDF)



PANELISTS:

Stephanie Brooker is former Director of the Enforcement Division at the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) and previously served as the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney’s Office for the District of Columbia and as a trial attorney for several years.  Ms. Brooker co-chairs Gibson Dunn’s global White Collar Defense and Investigations, Anti-Money Laundering, and Financial Institutions Practice Groups.  She represents financial institutions, multi-national companies, and individuals in connection with BSA/AML, sanctions, anti-corruption, securities, tax, wire fraud, crypto currency, and workplace misconduct matters.  Her practice also includes compliance counseling and corporate deal due diligence and significant criminal and civil asset forfeiture matters.  She routinely handles complex cross-border investigations.  Ms. Brooker has been named a National Law Journal White Collar Trailblazer and a Global Investigations Review Top 100 Women in Investigations.

Kendall Day is a partner in the Washington, D.C. office, where he is co-chair of Gibson Dunn’s Financial Institutions Practice Group, co-leads the firm’s Anti-Money Laundering practice, and is a member of the White Collar Defense and Investigations Practice Group. Prior to joining Gibson Dunn, Mr. Day had a distinguished 15-year career as a white collar prosecutor with the Department of Justice (DOJ), rising to the highest career position in the DOJ’s Criminal Division as an Acting Deputy Assistant Attorney General (DAAG). He represents financial institutions; fintech, crypto-currency, and multi-national companies; and individuals in connection with criminal, regulatory, and civil enforcement actions involving anti-money laundering/Bank Secrecy Act, sanctions, FCPA and other anti-corruption, securities, tax, wire and mail fraud, unlicensed money transmitter, false claims act, and sensitive employee matters. Mr. Day’s practice also includes BSA/AML compliance counseling and due diligence, and the defense of forfeiture matters.

Michael S. Diamant is a partner in the Washington, D.C. office and a member of the firm’s White Collar Defense and Investigations Practice Group. His practice focuses on white collar criminal defense, internal investigations, and corporate compliance. He represents clients in an array of matters, including accounting and securities fraud, antitrust violations, and environmental crimes, before law enforcement and regulators like the U.S. Department of Justice and the Securities and Exchange Commission. Mr. Diamant also regularly advises major corporations on the structure and effectiveness of their compliance programs.

Patrick F. Stokes is co-chair of the Anti-Corruption and FCPA Practice Group. Previously, he headed the DOJ’s FCPA Unit, managing the DOJ’s FCPA enforcement program and all criminal FCPA matters throughout the United States, covering every significant business sector, and including investigations, trials, and the assessment of corporate anti-corruption compliance programs and monitorships. He also co-headed the DOJ Fraud Section’s Securities & Financial Fraud Unit focusing on major corporate financial fraud investigations and trials, and he served as an assistant United States attorney in the Eastern District of Virginia. His practice focuses on internal corporate investigations and enforcement actions regarding corruption, securities fraud, and financial institutions fraud.

Elizabeth Niles practices in Gibson Dunn’s Litigation Department, focusing on white collar criminal defense and investigations, employment law, and complex commercial litigation.  Ms. Niles regularly represents a diverse range of clients, including major multinational corporations, in criminal, regulatory, and internal investigations.  Her practice includes advising clients under investigation by regulators; coordinating and conducting witness interviews, document reviews, and productions; working with in-house legal, audit, and compliance teams; preparing presentations and reports; and preparing subject matter experts for meetings with government agencies.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hour, of which 1.5 credit hour may be applied toward the areas of professional practice requirement.  This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.5 hour.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast.  No certificate of attendance is required for California “self-study” credit.