Financial Services Transactions: Increased Exposure Under FERA and False Claims Act
Ensuring Compliance to Withstand Aggressive Government Enforcement
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, July 15, 2009
Recorded event now available
The teleconference/webinar format offers two options for participation: audio only via telephone (download speaker handouts prior to the program) or audio via phone plus online viewing of speaker-controlled PowerPoint presentations.
This seminar will examine current anti-fraud government enforcement efforts in the financial services industry, analyze the impact of FERA and the False Claims Act, and discuss best practices for financial institutions to minimize the increased liability threat.
Description
Conceived to combat securities fraud, financial fraud, and mortgage fraud, FERA also covers formerly unregulated entities like mortgage brokers.
FERA contains sweeping amendments to the False Claims Act (FCA) that broaden the scope of liability for alleged misuse of government funds. FCA enforcement relies on insider whistleblowers, who share in the recovery. The FCA threat has thus increased dramatically for the financial services industry.
Aggressive anti-fraud enforcement efforts, increased fraud criminalization attached to bailout funds, and the expansion of the FCA to apply to financial institutions create the perfect storm for liability exposure.
Listen as our authoritative panel of attorneys discusses the impact of FERA and the False Claims Act on the financial services industry and steps financial institutions must take to address this new liability threat.
Outline
- Fraud Enforcement Initiatives
- Impact of FERA on financial institutions
- bailout programs
- mortgage lending business
- options and futures in commodities
- expansion of money laundering statutes
- DOJ enforcement efforts
- SEC enforcement efforts
- Financial Markets Inquiry Commission
- Impact of FERA on financial institutions
- False Claims Act
- Overview of False Claims Act
- Expanded scope of liability
- Increased risk for financial institutions
- Best Practices for Financial Institutions to Ensure Compliance and Withstand Heightened Government Scrutiny
Benefits
The panel will review these and other key questions:
- How does FERA expand the definition of fraud under securities laws?
- How is the False Claims Act now implicated in various government bailout programs — and what does this mean for participating financial institutions?
- What is the profile of a typical whistleblower — and what financial incentives are offered under the False Claims Act?
Faculty
Mark R. Filip,
Partner
Kirkland & Ellis, Chicago
He recently joined the firm after working at the U.S. Department of Justice, where he served as Deputy Attorney General of the United States. As Deputy Attorney General, he was second-in-command of the Justice Department and oversaw all of its criminal, civil, and regulatory enforcement efforts, as well as the department's rulemaking and administrative law efforts.
John T. Boese,
Of Counsel
Fried Frank Harris Shriver & Jacobson, Washington, D.C.
He is a nationally-recognized expert on the False Claims Act. For over 25 years, he has represented defendants in numerous False Claims Act cases brought by qui tam relators or Department of Justice. His clients include corporations and institutions in a broad variety of industries. He has appeared in over 40 Federal district courts and argued in most of the Federal circuit courts of appeal.
Carolyn G. Nussbaum,
Partner
Nixon Peabody, Rochester, N.Y.
She is Co-Chair of the firm's Securities Litigation and Corporate Governance Team. She has defended issuers, directors and officers, brokers, and brokerage houses against direct and derivative claims of fraud, negligence, racketeering, Sarbanes-Oxley violations and breaches of fiduciary duty claims in federal and state courts, before arbitration panels, and in enforcement actions brought by the SEC.
Gil M. Soffer,
Partner
Katten Muchin Rosenman, Chicago
He co-chairs the firm’s National White Collar Practice, focusing his practice on corporate fraud litigation; corporate investigations; insurance litigation; anti-fraud counseling and litigation. In 2008, he served as U.S. Associate Deputy Attorney General advising the Deputy AG on criminal matters.
Ordering
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in AK, AZ, CA, CT*, MO, MT, NY*, TX, VT, WA. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, LA, ME, ND, NE, NH, NM, NV, OR, UT, WI, WV, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*For CT and NY, Strafford needs to process the CLE — see below to purchase this option.)
MP3 Download (Audio Only) $297.00
Available 24 hours after the live event
Webinar Download (Audio + Slide Presentation) $297.00
Available three business days after the live event
Teleconference on CD (audio only) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar on DVD (audio + slide presentation) $297.00
plus $9.45 S&H
Available ten business days after the live event
CLE Processing on CD/DVD (NY and CT only) $65.00
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Speakers were knowledgeable enough to talk about the subject matter in an easily digestible manner.
Daniel M. Cleary
Gotham Insurance/New York Marine & General Insurance
The presentation and handouts were very informative. And it allowed me to attend a CLE without leaving the office.
Bill Pemerton
Horton Maddox & Anderson
The presentations provided great insight.
Josh WInslow
Pabian & Russell
I found the content very useful and was impressed by the high quality of each speaker's ability to articulate his presentation.
Andrew Lillie
Hogan & Hartson
All of the speakers were very informative, and being able to ask questions was very helpful.
Larry V. Smith
Jackson Walker
Finance Law Advisory Board
Partner
Paul Hastings
Partner
Gibson Dunn & Crutcher
Partner
Nixon Peabody
Partner
Alston & Bird
Counsel
Mayer Brown
Partner
O’Melveny & Myers