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SEMINAR FACULTY (Subject to change)
Amy Baron-Evans - Boston, MA
Amy Baron-Evans is Sentencing Resource Counsel for the Federal Public and Community Defenders. She provides briefing and amicus support in cases before the Supreme Court and courts of appeals, represents Defenders’ interests in sentencing policy matters, and teaches sentencing advocacy. She has authored numerous articles on federal sentencing law and policy, search and seizure, discovery, evidence, victim rights, and other criminal and constitutional law issues. Before joining the Defenders, Amy was a partner at Dwyer & Collora LLP in Boston, where she represented clients in cases involving white collar crime, drug trafficking, terrorism, and murder. She is a past Co-Chair of the Practitioners’ Advisory Group of the United States Sentencing Commission and of the Federal Sentencing Guidelines Committee of the National Association of Criminal Defense Lawyers. Amy is a cum laude graduate of Harvard Law School and clerked for the Honorable Hugh H. Bownes of the First Circuit Court of Appeals.
Martha Boersch - San Francisco, CA
Martha Boersch is a trial and appellate lawyer with over twenty years’ experience in the federal courts of Northern California. Her practice focuses on federal criminal defense and complex civil litigation. With broad experience in all aspects of federal criminal law, Martha is “phenomenally strong across the whole spectrum of white collar work.” She has had more than a dozen federal jury trials and has briefed and argued many cases in the United States Court of Appeals for the Ninth Circuit. Martha has served as both a federal prosecutor and as a defense lawyer, giving her a “wealth of experience on both sides of the courtroom.” A “ferocious” advocate for her clients, she “commands the respect of defense counsel and prosecutors alike.” Martha was a federal prosecutor in the Northern District of California for twelve years, during which she served as Chief of the Organized Crime Strike Force (2002-2004) and Chief of the Securities Fraud Unit (2001-2002). She served as the Office’s International Security Coordinator and spent a summer in Moscow, Russia, for the Department of Justice’s Office of International Affairs. In 2009 she was awarded the Attorney General’s Distinguished Service Award, the Department of Justice’s second highest award for employee performance, for her work on the prosecution in United States v. Pavel Lazarenko. Martha was a partner at a large international law firm for seven years before forming her own firm. Martha is a Fellow of the American College of Trial Lawyers and has been selected as a Northern California Super Lawyer in 2006 – 2013, and was named one of California’s Top Women Litigators in 2005, 2006, and 2010. In 2004, she was one of those selected to receive the California Lawyer’s Lawyer of the Year Award in her field. Martha represents individuals and companies in federal grand jury investigations, pretrial, trial, and appellate proceedings. Her experience in federal criminal law includes mail and wire fraud, antitrust, the FCPA, domestic corruption and bribery, RICO, money laundering, and other federal criminal offenses. Martha's civil practice focuses on state and federal false claims act, fraud, antitrust, and securities cases.
Jeffrey L. Fisher - Stanford, CA
Jeffrey L. Fisher is a professor at Stanford Law School and co-director of its Supreme Court Litigation Clinic. His academic and Supreme Court work runs the gamut of federal constitutional and statutory matters, but focuses on constitutional criminal procedure issues. Professor Fisher has argued 23 cases in the Supreme Court, including successfully representing the petitioners in Crawford v. Washington, Melendez-Diaz v. Massachusetts, Blakely v. Washington, Kennedy v. Louisiana, and, most recently Riley v. California. In 2006, the National Law Journal named him one of the 100 most influential lawyers in the country – the youngest person on the list – and he has remained on that list since. He also is a recipient of the Heeney Award, the highest honor bestowed by the National Association of Criminal Defense Lawyers. Professor Fisher formerly served as a law clerk to Justice John Paul Stevens on the Supreme Court of the United States and to Judge Stephen Reinhardt on the U.S. Court of Appeals for the Ninth Circuit.
Neal K. Katyal - Washington, DC
Neal Katyal focuses on appellate and complex litigation. He has extensive experience in matters of patent, securities, criminal, employment, tort, and constitutional law, and has orally argued 17 cases before the Supreme Court of the United States, with 15 of them in the last four years. Prior to joining Hogan Lovells, Neal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against 8 states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, Neal was responsible for representing the federal government of the United States in all appellate matters before the U.S. Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the U.S. Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the U.S. Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable. Neal has also served as a law professor for 15 years at Georgetown University Law Center, where he was one of the youngest professors to have received tenure and a chaired professorship in the university's history. He was also Director of the Georgetown Center on National Security and the Law until his appointment to Principal Deputy Solicitor General at the Justice Department. Additionally, he served as a visiting professor at both Harvard and Yale Law Schools. After graduating from Yale Law School, Neal clerked for The Honorable Guido Calabresi of the U.S. Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the U.S. Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999. Neal has published dozens of scholarly articles in law journals, as well as many op-ed articles in such publications as the New York Times and the Washington Post, and has testified numerous times before various committees of both the U.S. House of Representatives and the U.S. Senate. Neal is the recipient of the very highest award given to a civilian by the U.S. Department of Justice, the Edmund Randolph Award, which the Attorney General presented to him in 2011. The Chief Justice of the United States appointed him in 2011 to the Advisory Committee on Federal Appellate Rules. Additionally, he was named as One of the 40 Most Influential Lawyers of the Last Decade Nationwide by National Law Journal (2010); One of the 90 Greatest Washington Lawyers Over the Last 30 Years by Legal Times (2008); Lawyer of the Year by Lawyers USA (2006); Runner-Up for Lawyer of the Year by National Law Journal (2006); One of the Top 50 Litigators Nationwide 45 Years Old or Younger by American Lawyer (2007); and one of the top 500 lawyers in the country by LawDragon Magazine for each of the last six years. He also won the National Law Journal’s pro bono award in 2004. After graduating from Yale Law School, he worked as a summer associate with Hogan Lovells' legacy law firm, Hogan & Hartson.
Steven L. Kessler - New York, NY
Asset forfeiture attorney and authority Steven L. Kessler practices white collar criminal law in New York. He litigates cases of first impression and has been involved with many asset forfeiture cases of national significance. Prior to entering private practice, Kessler was head of the Asset Forfeiture Unit of the Bronx District Attorney’s Office in New York, where he supervised and litigated all phases of forfeiture and related matters. In that capacity, he served as a member of the Forfeiture Law Advisory Group of the New York State District Attorney’s Association. Steven L. Kessler is a nationally recognized authority in the field of forfeiture law. He has written and lectured extensively on topics relating to forfeiture. He is the author of Civil and Criminal Forfeiture: Federal and State Practice (West Group 1993 & Supp. 2012), a three-volume treatise analyzing the forfeiture and RICO statutes of all 50 states and the District of Columbia and the major federal forfeiture provisions. He received the Otto L. Walter Distinguished Writing Award from New York Law School in June 2000 for his highly acclaimed one volume handbook, New York Criminal and Civil Forfeiture (LexisNexis 1999 & Supp. 2012). In addition, Mr. Kessler has been a contributor to the New York Law Journal on issues relating to asset forfeiture and criminal law and is the author and Revisions Editor of more than ten chapters in Weinstein, Korn & Miller’s New York Civil Practice, including the chapter “New York Forfeiture.” He is widely quoted and cited in court opinions and media of legal and general circulation nationwide. Kessler is an Adjunct Professor of Law at New York Law School and a frequent lecturer at CLE programs throughout the county, and is listed in Who’s Who in American Law. As an Arbitrator in the Small Claims Part of the Civil Court of the City of New York, Steven L. Kessler served as member of the Board of Directors of the Association of Small Claims Arbitrators. He also served as Treasurer of the New York State Association of Criminal Defense Lawyers and was co-Chair of the association’s Forfeiture sub-committee. Kessler is a member of the Forfeiture Abuse Task Force of the National Association of Criminal Defense Lawyers. He was a member of the White Collar Crime Committee of the American Bar Association and currently serves on the Executive Committee of the Criminal Justice Section of the New York State Bar Association. A graduate of the Cornell Law Mr. Kessler served two terms as Chair of the 4,000 member General Practice Section of the New York State Bar Association. He served for 12 years as editor of One on One, the General Practice Section’s highly acclaimed newsletter, and edited the Section’s monthly Fax Update. He was a member of the NYSBA’s House of Delegates for eight years and a Fellow of the New York Bar Foundation. Kessler served as a member of the Civil Courts Committee of the Association of the Bar of the City of New York and served for three years as a member of the Board of Directors of the Bronx County Bar Association. Mr. Kessler is a member of the New York and Connecticut Bars and is admitted to practice before the United States Supreme Court. He is admitted to practice before the First, Second and Seventh federal Circuit Courts of Appeals and has been admitted to practice in no fewer than nine state and federal districts throughout the country.
Tama Beth Kudman - West Palm Beach, FL
Tama Beth Kudman graduated from Barnard College, Columbia University in 1992 with majors in Political Science and History, and a minor in Philosophy. She went on to graduate from Cardozo School of Law, Yeshiva University in New York, NY in 1995. She practiced criminal defense in New York and New Jersey until 2003, when she moved to Florida bringing her considerable experience and skills with her. In 2008, Tama opened Tama Beth Kudman, P.A., creating a boutique practice catering to the unique demands of clients who find themselves under investigation by State, Federal, and/or regulatory and administrative agencies.
Jonathan E. Lopez – Washington, DC
Jonathan E. Lopez is a Partner in the White Collar and Corporate Investigations Litigation Practice at Orrick Herrington. Jonathan is located in Orrick’s Washington, DC office and his practice focuses on Bank Secrecy Act and Anti-Money Laundering Compliance counsel and defense. Prior to joining Orrick in July of 2014, Jonathan was the inaugural Deputy Chief of the Money Laundering and Bank Integrity Unit of the Asset Forfeiture and Money Laundering Section at the Department of Justice. The Money Laundering and Bank Integrity Unit’s sole purpose was the criminal enforcement of the Bank Secrecy Act, specifically, the requirement that financial institutions implement effective anti-money laundering programs. Jonathan was a criminal prosecutor for over ten years and started his career at DOJ as an Assistant United States Attorney in Miami and then moved to the Fraud Section at DOJ’s Criminal Division in Washington, DC. During his time in the Fraud Section, Jonathan specialized in prosecuting Enron related matters and FCPA offenses. Jonathan successfully convicted at trial the Chief Financial Officer of Enron’s ill-fated Broadband Unit and secured the convictions of five other Enron defendants -- recovering over $10 million for Enron victims. In addition, Jonathan investigated and prosecuted many FCPA cases, including the prosecution and conviction at trial two individuals for FCPA and money laundering offenses in connection with a scheme to obtain lucrative tourism related contracts in Thailand. Before becoming a prosecutor, Jonathan was a corporate finance attorney at Sidley Austin in Los Angeles. Jonathan graduated from UCLA in 1997 and from Georgetown University Law Center in 2000.
E.G. Gerry Morris - Austin, TX
E. G. “Gerry” Morris has been a criminal defense lawyer for over 37 years. He is a graduate of the University of Texas Law School and is certified as a criminal law specialist by the Texas Board of Legal Specialization. He offices in Austin, Texas and has represented individuals and businesses all over the state. He has primarily a trial practice and has tried cases ranging from capital murder to DWI to complex federal white collar offenses. He represented pro bono a defendant in the Branch Davidian trial and obtained an acquittal on all charges. His has been recognized for twelve years straight as a Texas Super Lawyer by Texas Monthly Magazine and awarded the AV Preeminent rating by Martindale-Hubbell. He has been recognized since 1995 as among the Best Lawyers in America and was also recognized by that publication as the Lawyer of the Year in the Austin area in the Criminal Defense Non-White Collar category. He is a member by invitation of the National Trial Lawyers Top 100 trial lawyers in Texas, Southern region. He is a member by invitation of the Texas Bar Foundation and the American Bar Foundation. His is a past president of the Texas Association of Criminal Defense Lawyers and is currently President Elect of the National Association of Criminal Defense Lawyers.
Rod Pacheco - Los Angeles, CA
Barry Pollack - Washington, DC
NACDL Second Vice President Barry Pollack represents individuals and corporations in criminal investigations and trials and in other government enforcement matters, such as Securities and Exchange Commission (SEC) proceedings. Mr. Pollack also conducts corporate investigations. As a former certified public accountant (CPA), a substantial focus of his practice is the litigation of complex financial matters. Mr. Pollack has extensive jury trial experience. Mr. Pollack is best known for his skills in the courtroom. He obtained acquittals on all counts on behalf of a former executive of Enron Corporation in a federal criminal case, following a month long jury trial. Mr. Pollack’s client was one of only two Enron executives to be acquitted by a jury. Mr. Pollack also represented Martin Tankleff, whose double murder conviction was reversed and all charges against him dismissed. In a lengthy hearing, Mr. Pollack led a team of pro bono counsel that presented evidence that Mr. Tankleff was innocent of the crimes for which he spent 17 years in prison. The Mid-Atlantic Innocence Project honored Mr. Pollack with its “Defender of Innocence Award” and the New York State Association of Criminal Defense Lawyers honored Mr. Pollack with its “Gideon Champion of Justice Award” for his successful representation of Mr. Tankleff. Mr. Pollack also led a pro bono defense team on behalf of Fernando Bermudez, who had been serving a 23-years-to-life prison sentence for murder. After 11 previous unsuccessful attempts, Mr. Bermudez, with Mr. Pollack serving as his lead counsel, challenged his conviction based on the perjured trial testimony of a cooperating witness and tainted identification procedures. Mr. Pollack presented evidence that Mr. Bermudez was innocent. The judge ruled for Mr. Bermudez, reversed his conviction, and dismissed the indictment. In addition, Mr. Pollack is an accomplished appellate advocate. He recently won a complete reversal from a federal court of appeals for a client who had been convicted at trial of conspiracy and eight counts of embezzlement from an insurance company in an alleged scheme to enrich a United States Congressman. In September 2008, Mr. Pollack was inducted as a Fellow into the American College of Trial Lawyers. Fellowship in the College is extended only by invitation, after careful investigation, to experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality. Membership is limited to no more than one percent of the lawyers in each state. Mr. Pollack’s criminal practice has included the representation of individuals in grand jury proceedings, trials, sentencing, appeals, post-conviction proceedings, pardon petitions, and independent counsel and congressional investigations. These matters have involved allegations of fraudulent conduct, false statements, or other wrongdoing related to accounting, securities, government contracting, real estate, banking and mortgage lending, health care, manufacturing, and the environment. With respect to civil matters, Mr. Pollack has litigated False Claims Act (FCA) cases in government contracting and health care. He has also litigated cases involving the First Amendment, civil RICO, employment discrimination, breach of fiduciary duty, professional negligence, civil fraud, complex contract disputes, and suspension and debarment proceedings.
Sidney Powell - Dallas, TX
Jeffrey Rosen - Philadelphia, PA
Jeffrey Rosen is a professor of law at The George Washington University and the legal affairs editor of The New Republic. His most recent book is The Supreme Court: The Personalities and Rivalries that Defined America. He also is the author of The Most Democratic Branch, The Naked Crowd, and The Unwanted Gaze. Rosen is a graduate of Harvard College, summa cum laude, Oxford University, where he was a Marshall Scholar, and Yale Law School. Professor Rosen's essays and commentaries have appeared in the New York Times Magazine, The Atlantic Monthly, on National Public Radio, and in The New Yorker, where he has been a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and the L.A. Times called him, "the nation's most widely read and influential legal commentator."
Hon. Shira Scheindlin - New York, NY
Shira A. Scheindlin is a United States District Judge for the Southern District of New York. She was nominated by President William J. Clinton on July 28, 1994. Before taking her current seat on the Southern District, Judge Scheindlin worked as a prosecutor (Assistant United States Attorney for the Eastern District of New York), commercial lawyer (General Counsel for the New York City Department of Investigation and partner at Herzfeld & Rubin), and Judge (Magistrate Judge in the Eastern District of New York 1982-1986 and Special Master in the Agent Orange mass tort litigation). Judge Scheindlin is known for her intellectual acumen, demanding courtroom demeanor, aggressive interpretations of the law, and expertise in mass torts, electronic discovery, constitutional and complex litigation. During her tenure, Judge Scheindlin has presided over a number of high profile cases, many of which advanced important new positions in the common law. Her best known decision is Floyd v. City of New York, in which she found New York City’s stop and frisk program unconstitutional. She is also known for her decision in United States v. Awadallah, in which she found that the material witness statute unconstitutional and granted bail to a friend of the September 11 hijackers, who was accused of perjury in recounting his knowledge of the hijackers and their activities. Judge Scheindlin has been a member of the Judicial Conference of the United States Advisory Committee on the Federal Rules of Civil Procedure (1998-2005). She is a member of the ABA’s Standing Committee on Judicial Independence, the American Law Institute, a former Chair of the Commercial and Federal Litigation Section of the NYSBA, a former Board Member of the New York County Lawyers Association, the former counselor of the New York Inn of Court, and a member of various committees of the Association of the Bar of the City of New York. She is the author of the first e-discovery casebook (together with Professor Dan Capra and the Sedona Conference) and many articles. Finally, she is an adjunct Professor at Cardozo Law School. On the subject of electronic records management, her opinions in Zubulake v. UBS Warburg LLC, and Pension Committee v. Banc of America Securities, have come to be recognized as case law landmarks. She is the recipient of many awards including the Fuld Award from the New York State Bar Association, the Weinfeld Award from the New York County Lawyers, and the Brennan Award from the National Association of Criminal Defense Lawyers.
Rasha Gerges Shields - Santa Monica, CA
Rasha Gerges Shields has been an Assistant United States Attorney in the Central District of California since June 2007. Rasha is a Deputy Chief in the Organized Crime Drug Enforcement Task Force Section, where she prosecutes and supervises the prosecutions of large-scale drug trafficking and money laundering organizations, street gangs, and other criminal enterprises. Rasha graduated from UCLA Law School in 2001. From 2001 to 2002, she clerked for the Honorable Gary Allen Feess, United States District Court, Central District of California; and from 2002 to 2003, she clerked for the Honorable Ferdinand F. Fernandez, United States Court of Appeals, Ninth Circuit. Following her clerkships, she was an associate in the Issues and Appeals section at Jones Day from 2003 to 2007. As an associate, Rasha argued appeals before the California Supreme Court, the Ninth Circuit Court of Appeals, and the California Court of Appeal. In addition, she handled corporate criminal investigations and also represented a victim of a wrongful murder conviction before the California Victim Compensation Board seeking compensation for 20 years of wrongful imprisonment.
Marcia G. Shein - Atlanta, GA
Marcia G. Shein is a federal criminal defense attorney who has worked in federal district and appellate courts throughout the U.S. She is a member and filed cases in every Federal Circuit court of appeals and the United States Supreme Court. She is a nationally recognized attorney in matters of Federal trial, plea and sentencing mitigation, and appellate and post conviction litigation. Marcia was President of the Georgia Association of Criminal Defense Lawyers (GACDL) for 2013 and is a life member of NACDL. Her articles have appeared in publications such as The Champion, The Federal Lawyer, and The Georgia Defender. She is the editor and author of a self-help manual for inmates and is the sentencing chapter author for Cultural Issues in Criminal Defense published by Juris Publishing and authored the sentencing mitigation chapter for West Publishing Aspatore books, “nside the Minds Series on “Litigation Strategies for Internet Pornography Cases.” She has worked with many federal criminal defense attorneys throughout the country on mitigation factors in many types of cases including child pornography cases and so far has a 100% track record in sentencing mitigation for below guideline sentences in possession and distribution cases. Attorney Shein has spoken before Criminal Defense Bar Associations as well as on television. She has taught criminal justice courses for Troy State University in Alabama, Kaplan University in Chicago and Broward Community College in Davie Florida. She has represented clients from Alaska to Maine and beyond U.S. borders in complicated Federal criminal cases.
Colette Tvedt - Washington, DC
Colette Tvedt recently joined the National Association of Criminal Defense Lawyers as Director of Indigent Training & Reform. She is a nationally known trial attorney and lecturer who has been practicing criminal defense for over 20 years. She has tried hundreds of cases in front of judges and juries in both Massachusetts and Washington and in state and federal court. A graduate of the Reid School of Interrogation, Colette is a recognized expert in police interrogation techniques and also has significant expertise in the area of eyewitness identification. Colette represents a broad range of clients facing investigation or prosecution for white collar crimes, violent crimes, property crimes, drug crimes, serious felonies, and misdemeanors. After obtaining her J.D. from Rutgers University School of Law in 1989, Colette served as a public defender in Boston before becoming a clinical professor of Law at Suffolk University. She moved to Seattle in 2006, where she worked as a felony trial attorney at The Defender Association (TDA) before joining Schroeter Goldmark & Bender in 2007.
Elizabeth R. Yang - Los Angeles, CA
A graduate of Stanford University and the UCLA School of Law, Elizabeth R. Yang joined the Criminal Division of the U.S. Attorney’s Office in Los Angeles, California, in 2001. During her tenure as an AUSA, she has prosecuted a wide variety of violent crimes, including organized crime and gang RICO offenses, murders, armed robberies, threat offenses, and child exploitation crimes. As the Chief of the Violent & Organized Crime Section, she oversees the USAO’s Crimes against Children Program in conjunction with the Project Safe Childhood Coordinator. In 2007, she received a Director’s Award for Superior Performance as an AUSA, and in 2008, she received the Attorney General’s Award for Distinguished Service for her work on a child sex tourism prosecution. She was also the 2007 recipient of the Anti-Defamation League’s Sherwood Prize for Combating Hate for her participation in the Aryan Brotherhood RICO prosecution. Prior to becoming a prosecutor, she was a litigation associate specializing in white collar criminal defense at Akin, Gump, Strauss, Hauer & Feld LLP, and prior to that, served as a law clerk for the Honorable Robert R. Merhige, Jr. in the Eastern District of Virginia.