Attention:
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Risky Business: Steering Clear of Money Laundering and Financial Schemes in the COVID Economy


Level: Advanced
Runtime: 92 minutes
Recorded Date: November 09, 2020
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Agenda

  • Overview of Financial Action Task Force (FATF)
  • Rule 1.1 - Competence
  • Rule 1.2 - Scope of Representation
  • Rule 1.6 - Confidentiality
  • Rule 1.16 - Declining or Terminating Representation
  • Rule 4.1 - Truthfulness in Statements to Others
  • Rule 8.4 Professional Misconduct
  • Georgia's Proposal - Amendment to Rule 1.2, Comment 9
  • Conclusion
Runtime: 1 hour, 32 minutes
Recorded: November 9, 2020
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

The depth and breadth of COVID 19 related economic fallout on the legal profession remain unknown. Already, experienced lawyers, young lawyers, and recent law graduates have been hit hard. The struggle to find and retain employment and to start and maintain a sustainable practice is more difficult than usual. The economic and health-related impacts of the Pandemic heighten risks that lawyers, in an effort to survive, will be drawn unwittingly or not into money-laundering and other financial schemes, thereby risking disbarment or suspension. It happened after the 2008 Great Recession. This is occurring at a time when the U.S. legal profession remains under heightened domestic and international pressure to take concrete regulatory steps to prohibit lawyers from involvement in or otherwise facilitating money laundering.

This session will provide lawyers with the guidance necessary to help them comply with their ethical obligations and recognize and evaluate the risks so that they do not fall victim at this time of heightened vulnerability.

This program was recorded on November 9th, 2020.

Provided By

American Bar Association
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Panelists

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Myles V. Lynk

Senior Assistant Disciplinary Counsel
D.C Office of Disciplinary Counsel

Myles V. Lynk is senior assistant disciplinary counsel in charge of the DC Bar’s Office of Disciplinary Counsel appellate group.

Before joining the ODC, he was the first Peter Kiewit Foundation Professor of Law and the Legal Profession at the Sandra Day O’Connor College of Law. Professor Lynk teaches civil procedure, business and corporate law, and legal ethics and professional responsibility. He is a faculty fellow in the Center for the Study of Law, Science and Technology.

Prior to teaching, he was a Partner in the Washington, D.C. office of Dewey Ballantine LLP, served as an Assistant Director on the White House Domestic Policy Staff under President Carter, and was a Special Assistant to the Secretary of Health, Education and Welfare. Following law school, he clerked for Judge Damon J. Keith of the U.S. Court of Appeals for the Sixth Circuit. He was elected to the Council in 2001.

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Ellyn S. Rosen

Deputy Director ABA Center for Professional Responsibility
American Bar Association

Ellyn S. Rosen is the Regulation and Global Initiatives Counsel of the American Bar Association Center for Professional Responsibility. She advises the ABA Standing Committee on Professional Regulation (previously Professional Discipline), whose mission is to assist the judiciary and the bar in the development, coordination, and strengthening of professional regulation throughout the United States, including the assessment of the ramifications of global legal regulatory and practice developments.

Ms. Rosen was Counsel to the ABA Commission on Ethics 20/20 (2009-2013), which reviewed and recommended changes to the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in response to the challenges that globalization and advances in technology present to clients, lawyers, law firms, and the public. She advises the ABA Task Force on International Trade in Legal Services, which monitors the free trade agreement negotiations affecting legal services and provides input to the Office of the United States Trade Representative. She liaises with the Conference of Chief Justices, National Organization of Bar Counsel, National Council of Lawyer Disciplinary Boards, and the Association of Professional Responsibility Lawyers. She speaks frequently at international, state and local bar programs regarding ethics, the regulation of the legal profession, and professionalism.

Prior to joining the Center in 1996, Ms. Rosen was a senior litigation counsel with the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. She serves on the Executive Committee and Board of Governors of the Chicago Council of Lawyers, is the Chair of the International Bar Association BIC Regulation Committee, and was a member of the International Bar Association Professional Ethics Committee (2009-2010). She co-chaired the Chicago Bar Association’s Young Lawyers Section Professional Responsibility Committee (1997-1999), and served as an investigator and interviewer for the Illinois Alliance of Bar Associations for Judicial Evaluations (2000-2013). The Alliance evaluates and rates candidates seeking judgeships in Illinois via appointment or election.

Ms. Rosen is a Fellow of the American Bar Foundation. In 1989, Ms. Rosen received her J.D. with honors from the Indiana University School of Law in Bloomington, Indiana.

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Kevin L. Shepherd

Chair, ABA Task Force on Gatekeeper Regulation and the Profession
Venable LLP

Kevin Shepherd is a partner and co-chair in the firms real estate practice group. He is also chair of Venable's finance committee, which committee oversees the firm's financial operations, policies, and procedures. He represents large national and multinational institutions in complex real estate transactions, ranging from the development of electric generation power plant facilities to world-class resort complexes to the world headquarters of a multinational biotechnology and life science firm

Mr. Shepherd is a past chair of the ABA Section of Real Property, Trust and Estate Law. He is president of the American College of Real Estate Lawyers. Mr. Shepherd formerly served on the ABA Task Force on Gatekeeper Regulation and the Profession and the ABA Standing Committee on Publishing Oversight. He is a former editor-in-chief of Probate & Property, the bi-monthly magazine of the ABA Section of Real Property, Trust and Estate Law.

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Paula J. Frederick

General Counsel & Chair, ABA Standing Committee on Ethics and Professional Responsibility
State Bar of Georgia

Paula J. Frederick is general counsel for the state bar of Georgia and chair for the ABA Standing Committee on Ethics and Professional Responsibility. Ms. Frederick heads a 10-lawyer office responsible for interpreting the ethics rules for lawyers, prosecuting lawyer discipline cases and providing legal advice to the officers and directors of the bar. She is the author of a bimonthly column for the Georgia Bar Journal and frequently speaks on issues of lawyer ethics and professionalism.

Prior to her work at the State Bar of Georgia, she spent six years as a lawyer with the Atlanta Legal Aid Society, handling civil legal matters. Ms. Frederick is a past president of the Atlanta Bar Association and Georgia Association of Black Women Attorneys. She is a past chair of both the ABA Diversity Center and the Standing Committee on Professional Discipline. She currently serves as a Georgia State delegate in the House of Delegates.

Ms. Frederick earned her B.A. in political science from Duke University. She is a graduate of Vanderbilt University School of Law. 


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