Global Enforcement & Compliance Program, Part 3 2024

The Ever-Shrinking Scope of Federal Fraud Statutes: Supreme Court Developments and the Road Ahead

WWCDA hosted the 2024 Global Enforcement & Compliance Series, Part 3: The Ever-Shrinking Scope of Federal Fraud Statutes. Supreme Court Developments and the Road Ahead on October 7 at Jenner & Block in Chicago, IL. This panel covered recent developments and trends at the U.S. Supreme Court as it relates to federal fraud and corruption statutes. The group discussed cases from the last several terms that reflect a narrowing of these statutes’ reach, as well as what practitioners might expect in the wake of the Court’s decision to limit the use of administrative proceedings in fraud cases. The panel also discussed the upcoming Term, including United States v. Kousisis, in which the Court will address whether deception to induce a commercial exchange can constitute mail or wire fraud, even if the victims received the benefit of their bargain. The panelists included Michelle Kallen, who is the former Virginia Solicitor General; Sharon Fairley, a former federal prosecutor and now a professor at University of Chicago Law School; and Brian Kerwin, who is the Chief of Appeals at the U.S. Attorney’s Office for the Northern District of Illinois. It was moderated by Annie Kastanek, Co-Chair of Jenner & Block’s Appellate & Supreme Court practice and introductions were done by Yannine Robledo, Forensics Senior Manager, Grant Thornton.

Panelists

Sharon Fairley

Professor, University of Chicago Law School

Sharon Fairley is a Professor at the University of Chicago Law School specializing in federal criminal law and policing. Before joining the Law School, Professor Fairley spent eight years as a federal prosecutor with the United States Attorney’s Office for the Northern District of Illinois. She also served as the First Deputy Inspector General and General Counsel for the City of Chicago Office of the Inspector General. In December 2015, following the controversial officer-involved shooting death of Laquan McDonald, Professor Fairley was appointed to serve as the Chief Administrator of the Independent Police Review Authority, the agency responsible for police misconduct investigations. 

Michelle Kallen

Partner, Jenner & Block LLP

Michelle Kallen is the former Solicitor General of Virginia and now a partner in the appellate practice of Jenner & Block. After serving as Virginia’s first female Solicitor General, Michelle was Special Litigation Counsel in the US House of Representatives, representing the Select Committee to Investigate the January 6th Attack on the United States Capitol in litigation. She successfully defended the Committee against attempts to block subpoenas for phone records and an effort to compel testimony from 16 lawmakers and congressional staffers. Michelle now specializes in and speaks frequently on appellate developments, including as they relate to the inner workings of government and administrative agencies.

Brian Kerwin

Chief of Appeals, Criminal Division, at the U.S. Attorney's Office for the Northern District of Illinois

Brian Kerwin is the Chief of Appeals, Criminal Division, at the U.S. Attorney’s Office for the Northern District of Illinois. Brian graduated magna cum laude from Georgetown University Law Center, and clerked for Judge Joel M. Flaum of the Seventh Circuit and Judge Robert M. Dow, Jr. of the Northern District of Illinois. Prior to joining the U.S. Attorney’s Office, he worked as an associate at Miller Shakman & Beem in Chicago and, earlier in his career, at Jones Day in Washington, D.C.

Moderator

Moderator: Annie Kastanek

Co-Chair, Appellate, Jenner & Block LLP

Annie Kastanek is a partner at Jenner & Block and Co-Chair of its Appellate & Supreme Court Practice. Prior to joining Jenner in late 2022, Annie was a prosecutor at the U.S. Attorney’s Office in the Northern District of Illinois, where, among other leadership positions over her 12-year tenure, she served as its Chief of Appeals. Earlier in her career, Annie clerked for Justice Anthony Kennedy at the U.S. Supreme Court and for Judge Kenneth Ripple of the Seventh Circuit.

Many thanks to the annual WWCDA Sponsors that help WWCDA hold this reception as well as other events, programming and WWCDA initiatives throughout the year.

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