National Institute on White Collar Crime March 5-7

Legal Events

More  than 1,300 legal practitioners, including judges, state and local prosecutors, law enforcement officials, defense attorneys and members of the academic community will convene in Miami for the 22nd Annual National Institute on White Collar Crime, hosted by the American Bar Association Center for Continuing Legal Education and the ABA Criminal Justice Section. This year’s institute will deliver information on a variety of “white collar crimes,” such as mortgage fraud, health care fraud, money laundering and many others.

This year’s National Institute on White Collar Crime will take place March 5 – 7, with headquarters at the Miami Marriott Biscayne Bay.

The opening program, “White Collar Basics: The Fundamentals,” a National Institute first, will feature information on navigating parallel proceedings, internal investigations, voluntary disclosures, and handling subpoenas and search warrants. Experienced practitioners will lead this discussion that is geared toward new white collar crime practitioners.

Panelists will also be on-hand to explore various aspects of the KPMG case, the largest criminal tax case ever filed. Ronald J. Nessim, co-chair of the ABA Committee on White Collar Crime, will discuss the KPMG case, covering areas such as attorney-client privilege waivers, deferred prosecution agreements and other related proceedings.

In addition, Under Secretary Stuart A. Levey, Terrorism and Financial Intelligence, U.S. Department of the Treasury, will provide the keynote address Thursday, March 6, during the White Collar Crime Committee Luncheon.

Breakout Session Highlights:



Thursday, March 6

“U.S. Sentencing Guidelines: A View from the Bench” offers a judge’s perspective on the changes that have been made since the implementation of the new sentencing guidelines three years ago, 11 a.m.

“Criminal Intellectual Property Rights Enforcement” will consider the various issues that arise in connection with the criminal enforcement of intellectual property rights, including trademarks, copyrights and trade secrets, 11 a.m.

“Public Corruption: The FBI is Cracking Down and What White Collar Practitioners Should Know” will explore various issues that arise in public corruption investigations and trials, 11 a.m.

“Ethical Issues in White Collar Crimes” will include discussion on a wide range of ethical issues that arise in white collar investigations, including limitations on types of evidence, methods of obtaining evidence, contact with represented parties and other issues, 2 p.m.

“Money Laundering and Asset Forfeiture” will review recent developments and consider some of the more effective strategies for use in such cases, 3:45 p.m.



Friday, March 7

“Welcome to the Field of Healthcare Fraud Defense, Where Nothing Is Static and ‘Victory’ Is Hard to Define” will explore the government’s investigation of the pharmaceutical and medical device industries, national chains and other healthcare providers, 11:15 a.m.

“Environmental Crime” will end the conference with discussion of current major prosecutions, the increase in work-place safety investigations and vessel pollution cases, 11:15 a.m.

For more information on the speakers and programs, click here.

National Institutes are known to members of the ABA and the legal profession as high-quality, carefully produced continuing legal education seminars held live at locations throughout the country. These 1-3 day conferences use a combination of lectures and workshops to present valuable information to the legal profession. In addition to the legal instruction offered, they provide a unique networking opportunity for lawyers and faculty who practice in the same or related areas of interest.

With more than 413,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

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