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Anti-Money Laundering 2020: Risks, Due Diligence and Compliance in an Evolving Legal World

Speaker(s): Eytan Fisch, Justin A. Santarosa, Michele R. Korver, Mikhail Reider-Gordon, Nicole S. Healy, Sarah E. Paul, Woo Lee
Recorded on: May. 15, 2020
PLI Program #: 277008

Eytan J. Fisch's practice focuses on economic sanctions, anti-money laundering, and general compliance and regulatory matters.

Mr. Fisch joined Skadden after nearly six years with the U.S. Department of the Treasury, where he held a variety of senior positions. Most recently, from 2013 to 2015, he served as the assistant director for policy in the Office of Foreign Assets Control (OFAC). In this role, he managed OFAC’s policy office and worked directly with the OFAC director and the undersecretary for terrorism and financial intelligence on the planning, development and implementation of U.S. economic sanctions.

Mr. Fisch played a leading role in shaping the development of new executive orders, OFAC regulations, general licenses and policy guidance across U.S. sanctions programs. He also worked closely with other governments on multilateral economic sanctions. Between October 2013 and January 2015, Mr. Fisch represented the Treasury Department on the U.S. delegation to the P5 + 1 negotiations with Iran. In 2010, he also served as a member of the U.S. team that negotiated the Terrorist Finance Tracking Program agreement with the European Union.

Prior to his role as OFAC assistant director for policy, Mr. Fisch served in several leadership positions in OFAC and other offices in the Treasury Department’s Office of Terrorism and Financial Intelligence. Among these positions, he served as senior adviser to Stuart A. Levey — the Treasury’s first undersecretary for terrorism and financial intelligence — and as assistant director in the Office of Terrorist Financing and Financial Crimes. In those roles, he worked extensively with OFAC and the Financial Crimes Enforcement Network on a range of matters, including financial sanctions, anti-money laundering and counter-terrorist financing. Mr. Fisch received the U.S. Department of the Treasury Secretary’s Meritorious Service Award in 2015.

Before joining the Treasury Department, Mr. Fisch practiced law at other firms in New York and Washington, D.C. He received a 2019 Burton Award for Distinguished Legal Writing.

Justin A. Santarosa is a senior associate in the Los Angeles, CA office of Duane Morris LLP practicing in the area of corporate law with an emphasis on mergers and acquisitions and securities law. Justin regularly represents banks, bank holding companies and other financial institutions in connection with corporate, securities, regulatory and M&A matters. Justin also advises public and private cannabis companies on a variety of corporate matters and transactions.

Justin is a frequent contributor to the Duane Morris LLP Cannabis Industry Blog and can be heard as a presenter on The Duane Morris Cannabis Webinar Series. Recently, Justin co-authored a chapter on raising capital for the book “Deal Terms," Cannabis Capital: How to Get Your Business Funded in the Cannabis Economy

Justin graduated from the University of the Pacific, McGeorge School of Law.

Michele Korver is the Digital Currency Counsel in the Department of Justice’s Money Laundering and Asset Recovery Section.  In this role, she is a subject matter expert on prosecutions and forfeitures involving cryptocurrency, advising federal prosecutors and agencies nationwide on complex legal issues in criminal and civil cases and working on strategic policy and guidance matters affecting DOJ interests in this space.

With more than twenty years of law enforcement and federal trial experience, Michele previously served as an Assistant United States Attorney in Miami, Florida and Denver, Colorado.  Michele started her career as a Special Agent with the United States Secret Service.

Michele graduated magna cum laude from the University of Miami School of Law in 2001.  After graduation she served as a law clerk to United States District Judge William P. Dimitrouleas in the Southern District of Florida.

Michele is a frequent speaker on the illicit use of cryptocurrency and participates as a member of the Treasury-led U.S. delegation to the Financial Action Task Force, consulting on standards and regulations involving virtual asset activities and service providers.  In 2019, she co-authored the article “Attribution in Cryptocurrency Cases” published in the DOJ Journal of Federal Law and Practice. 

Mikhail Gordon is Managing Director of Global Affairs at Affiliated Monitors, Inc. She serves as an independent integrity monitor on a wide-range of matters to corporate and public entities under court-order and regulatory settlement agreements. Her practice expertise is focused on technology and privacy law, anti-corruption, AML, ethics and accountability. She leads the firm’s Privacy & Technology practice.

Since 2015, Professor Gordon has served on the faculty of the International Anti-Corruption Academy (IACA) in Laxenburg, Austria, teaching Compliance & Investigations in the Private Sector in their graduate school and training visiting delegations of foreign government prosecutors, investigators and auditors. 

Ms. Gordon currently serves as a Council Member and as the Technology Officer of the American Bar Association, Section of International Law (SIL). She also serves on the larger ABA Standing Committee on Technology and Information.  She served as the Chair of the ABA’s Gatekeeper Task Force on Regulation and the Profession (2015-2016). Within SIL, she is also Senior Advisor to the National Security Committee and International Anti-Corruption Committee, of which she is a former Co-Chair. She is the Section’s former Rule of Law Officer; a former Co-Chair of the International Anti-Money Laundering Committee and the Corporate Social Responsibility Committee. She provides pro bono assistance to the ABA Center for Human Rights.

Ms. Gordon received her LL.M. (Hons.) in Information Technology Law from the University of Edinburgh Law School; her M.Phil. in International Conflict Resolution from the University of Dublin, Trinity College; her Law degree (Hons.) from Leeds Law School; and her B.A. in Political Science (Phi Sigma Alpha). Ms. Gordon holds a number of professional certifications including Certified Anti-Money Laundering Specialist (CAMS) and Certified Compliance & Ethics Professional (CCEP). Ms. Gordon’s authored articles have appeared in numerous law journals, including the Hofstra Journal of International Business and Law; Westlaw Journal of White Collar Crime, Southwestern Journal of Law, Litigation Journal, and The International Lawyer and other publications. She is a frequent speaker at law conferences and has trained trainers, lectured to and taught courses on white collar crime to many U.S. and enforcement agencies around the world.

Nicole Healy is a partner in the Redwood City office of Ropers Majeski PC.  Ms. Healy represents companies and individuals in litigation and arbitration involving a wide range of industries in matters concerning corporate governance and control; commercial disputes; shareholder class action and derivative litigation; antitrust violations; False Claims Act litigation; disputes concerning intellectual property rights and trade secrets; and mergers and acquisitions.  She has conducted, and has represented companies and their executives in, corporate internal investigations into possible violations of federal and state law.  Ms. Healy has represented companies and individuals in investigations by the Federal Trade Commission, the Securities and Exchange Commission, U.S. Attorneys’ Offices, and other government agencies.  She has tried cases to judgment in state and federal courts, and to decision in private arbitration proceedings.  Ms. Healy has counseled companies regarding compliance with state and federal laws, including the U.S. Foreign Corrupt Practices Act (“FCPA”), UK Bribery Act, and anti-money laundering laws

In addition to her work as a litigator, Ms. Healy serves as a mediator for the U.S. District Court for the Northern District of California.

Prior to entering private practice, Ms. Healy was a prosecutor for the U.S. Department of Justice, in the Fraud Section, Criminal Division where she focused on violations of the FCPA, defense procurement fraud, and international white-collar criminal matters. 

Ms. Healy is the author of the Anti-Money Laundering Deskbook: a Practical Guide to Law and Compliance (Practising Law Institute, 2020 ed.), as well as numerous articles regarding money laundering and terrorist finance, the FCPA, and other topics, and is a frequent speaker.

Sarah Paul’s practice spans all areas of white-collar defense, with a particular focus on government, internal, and cross-border investigations, tax controversy, and cybersecurity and privacy law.  She has extensive experience litigating complex criminal and civil cases.

Sarah joined Eversheds Sutherland from the United States Attorney’s Office for the Southern District of New York, where she served for over nine years as an Assistant United States Attorney in the Criminal Division. As a member of the Complex Frauds and Cybercrime Unit for nearly six years, she worked on sophisticated white-collar cases involving the investigation and prosecution of institutions and individuals for a variety of financial crimes, including Foreign Corrupt Practices Act violations, wire fraud, bank fraud, cybercrime, international money laundering, securities fraud, health care fraud, and Bank Secrecy Act violations. She also served in the Money Laundering and Asset Forfeiture Unit, where she litigated substantial asset forfeiture matters, including significant art fraud cases. In 2019, Sarah was recognized by the Women in Federal Law Enforcement Foundation, which selected her from a nationwide pool of female federal prosecutors to receive the Top Prosecutor Award.

During her time as federal prosecutor, Sarah led numerous high-profile cross-border investigations, including an investigation resulting in the first US indictment in connection with the Panama Papers leak, an investigation resulting in a $547 million resolution with a Swiss bank and the guilty pleas of two Swiss bankers, and an investigation resulting in the guilty pleas of Cayman Islands investment brokerage and trust companies. Sarah also conducted fourteen federal jury trials, and briefed and argued multiple appeals before the US Court of Appeals for the Second Circuit.         

In 2016, she became the Tax Coordinator for the Criminal Division. During her two and a half year tenure as the Tax Coordinator, she supervised all criminal tax matters in the Southern District of New York, including hundreds of investigations and dozens of publicly charged cases, and she worked extensively with the Internal Revenue Service and the Tax Division of the Department of Justice.

Prior to her time as an Assistant United States Attorney, Sarah was a defense attorney for two prominent New York law firms, where she advised clients on anticipating, managing and mitigating legal and regulatory risks related to government enforcement and represented clients in all phases of criminal and civil litigation. She also worked as a federal law clerk for the Honorable Berle Schiller in the United States District Court for the Eastern District of Pennsylvania.

Woo S. Lee is the Deputy Chief of the U.S. Department of Justice’s Money Laundering and Asset Recovery Section’s International Unit (MLARS) in the Criminal Division.  Lee supervises prosecutors in the Department of Justice’s Kleptocracy Asset Recovery Initiative, which prosecutes and investigates individuals and entities who seek to launder foreign corruption proceeds in or through the United States.  As a part of the Kleptocracy Initiative, Lee prosecuted a number of actions targeting international money laundering networks and schemes in the United States, including the Department’s action to forfeit and recover over $1 billion in assets allegedly traceable to funds misappropriated from 1 Malaysia Development Berhad (1MDB), a Malaysian state-owned institution; California real estate acquired by Teodoro Obiang, the Vice President of Equatorial Guinea; and funds traceable to real estate sold in Orange County, California by family members of former South Korean president Chun Doo-hwan. Prior to joining the Department of Justice in 2011, Lee served as a senior counsel with the U.S. Securities and Exchange Commission and a law clerk for two federal judges in California. He graduated with first class honours in law from Oxford University and obtained a JD from Harvard Law School. Lee holds a bachelor’s in history and political science from Brown University.