2022 CJA Seminar

Welcome

12:00-12:20

Jodi Linker, Diana Weiss, and Tamara Crepet

Ninth Circuit and Supreme Court Overview

12:20-1:10

This seminar will point out the changes in the law that all criminal practitioners need to know covering the Ninth Circuit and Supreme Court cases.

Materials

Speakers
ROBERT WEISBERG is Professor of Law  at Stanford, where  writes and teaches in the areas of criminal law, criminal procedure, white collar crime, and sentencing policy. He also founded and now serves as faculty co-director of the Stanford Criminal Justice Center (SCJC), which promotes and coordinates research and public policy programs on criminal law and the criminal justice system, including institutional examination of the police and correctional systems. He served as a law clerk to Justice Potter Stewart of the U.S. Supreme Court.

ED SWANSON is a partner at Swanson & McNamara LLP. Before founding the firm with Mary McNamara, Mr. Swanson served as an Assistant Federal Public Defender in the Northern District of California. Mr. Swanson is a former law clerk to the Hon. Thelton Henderson.

Restitution and Forfeiture: Twenty Years of Penury

1:10-2:00

The asset forfeiture process is increasingly being used to compensate victims for losses suffered as a result of criminal activity. Forfeiture allows the government to seize or restrain tainted assets prior to trial. Under federal law, restitution is mandatory for many types of crimes. For our clients, this can mean that they are making payments for life in an attempt to pay what is owed under either restitution or forfeiture. This presentation will review the law and strategies to help our clients.

Materials

Speaker
MARTHA BOERSCH has decades of experience in complex criminal and civil litigation in federal and state courts and is a Fellow of the American College of Trial Lawyers. Martha has represented clients in numerous federal jury and bench trials and has argued more than a dozen cases in the United States Court of Appeals for the Ninth Circuit. She has conducted internal corporate investigations for companies in a variety of industries and provides strategic advice to companies, executives, and individuals dealing with grand jury and other government investigations. Martha has deep experience in a broad range of white collar charges, including mail and wire fraud, money laundering, economic espionage, computer fraud and abuse, racketeering, foreign bribery, and antitrust. She has served for many years on the Criminal Justice Act panel in San Francisco and Oakland, representing indigent clients. She is a frequent speaker on white collar and international criminal defense topics.

Before forming Boersch & Illovsky LLP, Martha spent several years as a litigation partner at the international law firm of Jones Day and then founded her own firm. Martha had previously served for twelve years as an Assistant United States Attorney for the Northern District of California, including as Chief of the Organized Crime Strike Force (2002-2004) and the Chief of the Securities Fraud Unit (2001-2002). She was the U.S. Attorney’s Office’s International Security Coordinator and spent a summer in Moscow for the Department of Justice’s Office of International Affairs. In 2009, Martha was awarded the Attorney General’s Distinguished Service Award, the Department of Justice’s second highest award for employee performance, for her work on a complex international money laundering prosecution involving the former Prime Minister of the Ukraine.

Break 2:00-2:15

People deserve strong privacy protections when police seek, obtain, and execute search warrants for digital information, especially because what we store on our phones and computers is so comprehensive, sensitive, and revealing. The Fourth Amendment is the primary protection for this data, but court interpretations of that constitutional right have sometimes fallen short. Just as with analog papers and effects, today’s warrants must prevent the founders’ reviled “general search” — rummaging through private data for any or no cause and without judicial oversight. And warrants can do this without inhibiting law enforcement in conducting legitimate expectations. This presentation identifies the problems with search warrants for electronic data and sets forth legal arguments in support of robust rules for obtaining and executing warrants.

Materials

Speakers
JENNIFER GRANICK fights for civil liberties in an age of massive surveillance and powerful digital technology. As the surveillance and cybersecurity counsel with the ACLU Speech, Privacy, and Technology Project, she litigates, speaks, and writes about privacy, security, technology, and constitutional rights. Granick is the author of the book American Spies: Modern Surveillance, Why You Should Care, and What To Do About It, published by Cambridge Press and winner of the 2016 Palmer Civil Liberties Prize.

Granick spent much of her career helping create Stanford Law School’s Center for Internet and Society. From 2001 to 2007, she was executive director of CIS and founded the Cyberlaw Clinic, where she supervised students in working on some of the most important cyberlaw cases that took place during her tenure. For example, she was the primary crafter of a 2006 exception to the Digital Millennium Copyright Act that allows mobile telephone owners to legally circumvent the firmware locking their device to a single carrier. From 2012 to 2017, Granick was civil liberties director specializing in and teaching surveillance law, cybersecurity, encryption policy, and the Fourth Amendment. In that capacity, she has published widely on U.S. government surveillance practices and helped educate judges and congressional staffers on these issues. Granick also served as the civil liberties director at the Electronic Frontier Foundation from 2007 to 2010

For the first 14 years after the Supreme Court recognized an individual right to possess firearms, the lower federal courts were almost uniformly hostile to criminal defendants’ Second Amendment claims. But the Court’s recent opinion in New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111 (2022), has the potential to change that. Rather than conducting means-ends balancing, which usually doomed our clients’ claims, Bruen directs courts to decide Second Amendment challenges by looking only to “constitutional text and history.” Using this new approach, criminal defense attorneys may be able to attack numerous federal firearms provisions, from the felon-in-possession statute to the National Firearms Act to portions of the recently enacted Bipartisan Safer Communities Act. This webinar will introduce practitioners to Bruen, explain how to use the opinion to mount a Second Amendment challenge, suggest possible targets for Bruen litigation, and identify several arguments the government may raise in opposition.

Materials

Speakers
CARMEN SMARANDOIU is the Appellate Chief for the Federal Public Defender for the Northern District of California, which she joined in 2012. During this time, she has maintained a diverse practice consisting of direct criminal appeals, habeas corpus litigation, and complex motion work, as well as a year-long stint as a trial attorney. Pre-Bruen, she litigated a case arguing that California’s concealed-carry regime violated the Second Amendment and authored a Ninth Circuit FPD amicus brief arguing that Heller does not foreclose as-applied challenges to felon-in-possession bans. Carmen, a graduate of the University of Washington Law School, clerked for the Hon. Anne Ellington of the Washington State Court of Appeals and the Hon. Betty B. Fletcher of the United States Court of Appeals for the Ninth Circuit

Break 3:55-4:05

Brief Closing Remarks 4:55-5:00

Happy Hour Reception 5:00-7:00
Chambers Eat + Drink
601 Eddy Street