The Limits of Federal Criminal Law
Criminal Law & Procedure Practice Group
National Press Club Holeman Lounge529 14th Street, NW
Washington, DC 20045
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Attorney, Arguedas, Cassman & Headley, LLP
Ms. Arguedas is recognized as one of the finest criminal defense lawyers in the United States. In her 20-plus years in private practice, she has represented high-profile clients in some of the most visible cases around the country, as well as many little-known clients on relatively routine matters that never make the nightly news.
Ms. Arguedas is equally adept at handling complex white-collar cases, sensational murders, and the full range of less serious criminal cases. She works closely with other ACH lawyers as well as a team of investigators, jury consultants and other top experts she has assembled over more than two decades.
Singled out for her thorough preparation, shrewd strategizing, and impressive courtroom skills, Cris has been named the lawyer other lawyers would hire if they got arrested (California Lawyer), one of the 10 best lawyers in the Bay Area (San Francisco Chronicle, Northern California Super Lawyers), one of the 50 most influential women lawyers in the United States (National Law Journal), one of the 100 top lawyers in California (San Francisco Daily Journal, The Recorder), and one of the five most promising women lawyers in the country (Time). She was named to “The International Who’s Who of Business Crime Lawyers 2010”, is a fellow of the American College of Trial Lawyers, and in 2010 was inducted into the Trial Lawyer Hall of Fame of the Litigation Section of the State Bar of California (an honor shared by only 20 other attorneys in the State).
Ms. Arguedas expertise also makes her a highly sought-after lecturer, teacher, and advisor to public officials in both major parties. She has served on advisory committees for the District Attorney of San Francisco and for the current and two past United States Attorneys for the Northern District of California. At the statewide level, she has been appointed to several commissions on judicial standards by the Chief Justice of the California Supreme Court. Cris has also headed U.S. Senator Barbara Boxer’s Federal Judicial Selection Committee, which recommends nominees for the federal judiciary and for the U.S. Attorney for the Northern District of California.
Assistant Attorney General for the Criminal Division, The United States Department of Justice
Leslie R. Caldwell was confirmed as the Assistant Attorney General for the Criminal Division on May 15, 2014.
As head of the Criminal Division, Ms. Caldwell oversees nearly 600 attorneys who prosecute federal criminal cases across the country, help develop criminal law and formulate criminal enforcement policy. She also works closely with the nation’s 93 United States Attorneys in the investigation and prosecution of criminal matters in their districts.
Ms. Caldwell has dedicated most of her professional career to handling federal criminal cases, both as a prosecutor and as defense counsel. From 2002 to 2004, Ms. Caldwell served as the director of the Justice Department’s Enron Task Force. When she worked at the U.S. Attorney’s Office for the Northern District of California from 1999 to 2002, she served as the Chief of the Criminal Division and the Chief of the Securities Fraud Section. During her eleven years in the U.S. Attorney’s Office for the Eastern District of New York from 1987 to 1998, her positions included Senior Trial Counsel for the Business & Securities Fraud Section and Chief of the Violent Criminal Enterprises Section. For her work on the Enron Task Force, Ms. Caldwell received the Attorney General’s Award for Exceptional Service. She is also the recipient of the Attorney General’s John Marshall Award for Trial of Litigation and the Attorney General’s Award for Fraud Prevention.
Prior to joining the Criminal Division, Ms. Caldwell was a partner at Morgan Lewis & Bockius LLP, a position she held since 2004. From 2004 to 2009, Ms. Caldwell was co-chair of the firm’s Corporate Investigations and White Collar Practice Group.
Ms. Caldwell received a B.A. in Economics from Pennsylvania State University and a J.D. from the George Washington University Law School.
Partner, McGuireWoods
Mr. Hatch is a partner in the firm’s Government Investigations and White Collar Litigation group. Prior to joining McGuireWoods, Mr. Hatch spent nine years as a federal prosecutor with the United States Attorney’s Office, serving in the Alexandria, Richmond and Norfolk divisions of the Eastern District of Virginia. Most recently, Ben served as the Managing Assistant United States Attorney (AUSA) and Criminal Chief in the Norfolk Division.
During his time as an AUSA, Mr. Hatch successfully argued nine appeals in the U.S. Court of Appeals for the Fourth Circuit and conducted thirteen jury trials and two bench trials in the Norfolk, Alexandria and Richmond Divisions.
Mr. Hatch's work involved a diverse array of criminal cases, including prosecuting complex national security matters, white collar, public corruption and violent crime. Mr. Hatch received The John Marshall Award for Trial of Litigation, one of the highest awards given for trial practice by the Department of Justice, from then Attorney General Eric Holder for his role in a two month trial of several Somali pirates.
Mr. Hatch previously served as a law clerk to Justice Antonin Scalia of the Supreme Court of the United States and Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit. He graduated magna cum laude from the Harvard Law School. At Harvard, Mr. Hatch served as an editor of the Harvard Law Review. He was also part of a team that won Harvard Law School's Ames Moot Court Competition, and Ben received the George Leisure Award for being recognized as the best oralist.
For the last six years, Mr. Hatch has served as an Adjunct Professor teaching the Advanced Brief Writing class at the College of William and Mary Marshall-Wythe School of Law.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Partner, Goodwin Procter LLP
Joseph Savage, a partner in Goodwin's Securities Litigation & White Collar Defense Group, concentrates his practice on white collar criminal defense, governmental investigations work and complex civil litigation. His practice involves representing individuals and companies in a wide variety of fraud, false claims act, securities, health care, tax, public corruption, environmental and other investigations by federal, state and local law enforcement and government regulators, as well as representing companies and individuals in civil litigation, especially complex commercial disputes.
With more than 30 years’ experience, Mr. Savage is one of the most widely respected and accomplished trial lawyers in the nation. He is a Fellow of the American College of Trial Lawyers and is annually recognized by Chambers USA: America’s Leading Lawyers for Business and U.S. News-Best Lawyers, which named him Boston white collar “Lawyer of the Year” for 2017.
Freelance Journalist and Author
Stuart Taylor, Jr. is a Washington writer focusing on legal and policy issues and a National Journal contributing editor. He occasionally practices law.
Taylor has coauthored three books. All have been acclaimed by commentators across the ideological spectrum. In January 2017, KC Johnson and Taylor authored The Campus Rape Frenzy: The Attack on Due Process at America's Universities. In 2012, Richard Sander and Taylor authored Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It. In 2007, Taylor and Johnson authored Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Fraud. Sander and Taylor have also filed amicus briefs in Supreme Court cases involving admissions preferences.
Since 1980, Taylor has done reporting and commentary about issues ranging from the biggest Supreme Court cases to race, voting rights, mindlessly excessive criminal penalties, guilt-presuming campus rape processes, journalistic bias, the death penalty, war powers, gerrymandering, guns, polarization, civil liberties, national security, torture, campaign finance, education, impeachment, and other issues. He has often been called one of the nation's best legal journalists and is known for challenging both liberal and conservative conventional wisdom.
Taylor was a reporter for The New York Times from 1980-1988, covering legal affairs and then the Supreme Court. He wrote commentaries and long features for The American Lawyer, Legal Times and their affiliates from 1989-1997, and for National Journal and Newsweek from 1998 through 2010. He has written (less often) on a freelance basis for numerous publications since 2010. He has written op-eds for The Washington Post, The New York Times, The Wall Street Journal, The Los Angeles Times, USA Today, and The New York Daily News and longer commentaries for RealClearPolitics, The Atlantic, The New Republic, the (late) Weekly Standard, National Review, Slate, The Daily Beast, Harper’s, Reader’s Digest, Time and other magazines. He has been interviewed on all major television and radio networks. He taught “Law and the News Media” at Stanford Law School in 2011 and 2012 and practices law on occasion.
Taylor graduated from Princeton University in 1970 with an A.B. in History. After working as a reporter for the Baltimore Evening Sun and Sun from 1971-1974, he moved to Harvard Law School, was a Harvard Law Review note editor, and graduated in 1977 at the top of his class, with high honors. He also won a Frederick Sheldon Traveling Fellowship and traveled around the world in 1977-1978 while studying freedom of the press in the United Kingdom and Kenya.
Taylor practiced law with Wilmer, Cutler & Pickering, in Washington, D.C., from 1977-1980 before returning to journalism in 1980 by joining the Washington Bureau of The New York Times.
Taylor's journalism honors include the 2009 Northern California Innocence Project Media Award for his work on the Duke lacrosse rape fraud; a 2002 National Headliner Award for best special magazine column on one subject; and a share of The American Lawyer’s National Magazine Award for a March 1990 special issue on the drug war. He was a National Magazine Award finalist in 1993 and 1997 and was nominated by The New York Times for a Pulitzer Prize in 1988.
Professor of Law, Case Western Reserve University School of Law
Professor Dent taught law at New York University, Cardozo, and the New York Law School before joining the faculty in 1990. Earlier he had clerked for Judge Paul R. Hays of the U.S. Court of Appeals, Second Circuit, and practiced corporate law in New York with Debevoise, Plimpton, Lyons & Gates. He teaches Business Associations, Mergers and Acquisitions, and Business Planning and is the faculty supervisor for the Business Organizations Concentration. He has published many articles on corporate and securities law, including “Academics in Wonderland: The Team Production and Director Primacy Models of Corporate Governance,” Houston Law Review (2008); “Corporate Governance: Still Broke, No Fix in Sight,” Journal of Corporation Law (2005); “Lawyers and Trust in Business Alliances,” Business Lawyer (2002); and “Gap Fillers and Fiduciary Duties in Strategic Alliances,” The Business Lawyer (2001). He also writes on law and religion, as in “Civil Rights for Whom: Gay Rights Versus Religious Freedom,” University of Kentucky Law Journal (2006-07); and “How Does Same-Sex Marriage Threaten You?,” Rutgers Law Review (2007). Mr. Dent serves as a director of the National Association of Scholars and as president of the Ohio Association of Scholars. He serves as an officer of Cleveland Chapter of the Federalist Society. He heads the Law Section of the Association for the Study of Free Institutions. He is chairman of the Ohio State Advisory Committee to the U.S. Commission on Civil Rights.
Associate Dean for Faculty; Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Mortiz College of Law
Professor Daniel Tokaji is an authority on the law of elections and democracy. He teaches courses on Election Law, Civil Rights, Civil Procedure, Comparative Law, Constitutional Law, Federal Courts, Legislation and Regulation, and the U.S. Legal System. His scholarship addresses questions of voting rights, racial justice, free speech, and the role of the courts in American democracy.
Professor Tokaji is the author of Election Law in a Nutshell (2d ed. 2016), and co-author of Election Law: Cases and Materials (6th ed. 2017) and The New Soft Money (2014). He has written numerous articles and book chapters on a wide variety of election and voting issues, including voting rights, voter ID, voter registration, redistricting, campaign finance regulation. Recent articles include “Gerrymandering and Association,” 59 William & Mary Law Review 2159 (2018), and “Denying Systemic Equality: The Last Words of the Kennedy Court,” 13 Harvard Law & Policy Review 539 (2019). His current research focuses on the challenges facing democracies around the globe, including the free speech issues surrounding digital disinformation and the need for trustworthy electoral institutions.
Media outlets frequently seek Professor Tokaji’s expertise on election and voting issues. He has been quoted in The New York Times, Los Angeles Times, The Columbus Dispatch, USA TODAY, and appeared on TODAY, FOX News, NBC News, and National Public Radio and many other media outlets.
A graduate of Harvard College and the Yale Law School, Professor Tokaji clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Before arriving at Ohio State, he was a staff attorney with the ACLU Foundation of Southern California and Chair of California Common Cause.
Professor Tokaji has litigated many civil rights, civil liberties, and election law cases. He was lead counsel in a case that struck down an Ohio law requiring naturalized citizens to produce a certificate of naturalization when challenged at the polls. He also served as counsel in litigation challenging the state’s voting purges. He was also an attorney for plaintiffs in cases that kept open the window for simultaneous registration and early voting in Ohio’s 2008 general election, and that challenged punch-card voting systems in Ohio and California after the 2000 election.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
United States District Court, Eastern District of New York
William Francis Kuntz II is a United States district judge on the United States District Court for the Eastern District of New York. The United States Senate confirmed him on October 3, 2011. He received his judicial commission on October 4, 2011.
Judge Kuntz was a commercial litigator in private practice in New York, and had been a partner at the law firm of Baker Hostetler since 2005. He has been a partner at several law firms in New York during his career, including Torys LLP from 2001 to 2004, Seward & Kissel LLP from 1994 to 2001, and Milgrim, Thomajan, Jacobs & Lee from 1986 to 1994. In addition, he worked as Counsel at Constantine Cannon from 2004 to 2005, and as an associate at Shearman & Sterling LLP from 1978 to 1986. Since 1987, Kuntz has served as a Commissioner of the New York City Civilian Complaint Review Board, supervising hundreds of investigations into allegations of abuse by members of the New York City Police Department. From 1987 to 2003, he was an adjunct associate professor of law at Brooklyn Law School, teaching a course in American legal history. He received his A.B. from Harvard College in 1972 and his J.D. from Harvard Law School in 1977. Kuntz also received an M.A. and Ph.D. in American History from Harvard University in 1974 and 1979, respectively.
Senior Judge, United States District Court for the Southern District of New York
Loretta A. Preska is a senior judge for the United States District Court for the Southern District of New York. She joined the court in 1992 after being nominated by President George H.W. Bush. Preska became the chief judge of the court in May of 2009 when Kimba Wood assumed senior status. She served as chief judge of the court for a seven-year term from 2009 to 2016, and took senior status in 2017.
Preska graduated from the College of St. Rose with her Bachelor's degree in 1970 and also graduated from Fordham Law with her Juris Doctor Degree in 1973. She graduated from NYU Law with her Master of Laws degree in 1978.
U.S. Court of Appeals, Second Circuit
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Richard J. Sullivan was sworn in as a United States Circuit Court Judge for the Second Circuit in October 2018. Before that, Judge Sullivan served for eleven years as a United States District Judge for the Southern District of New York. Prior to becoming a judge, he served as the General Counsel and Managing Director of Marsh Inc., the world's leading risk management and insurance brokerage firm. From 1994 to 2005, he served as an Assistant United States Attorney in the Southern District of New York, where he was Chief of the International Narcotics Trafficking Unit and Director of the New York/New Jersey Organized Crime Drug Enforcement Task Force. In 2003, he was awarded the Henry L. Stimson Medal from the Association of the Bar of the City of New York. In 1998, he was named the Federal Law Enforcement Association's Prosecutor of the Year. Prior to joining the U.S. Attorney's Office, he was a litigation associate at Wachtell, Lipton, Rosen & Katz in New York and a law clerk to the Honorable David M. Ebel of the United States Court of Appeals for the 10th Circuit. He is a graduate of Yale Law School, the College of William & Mary, and Chaminade High School on Long Island. From 1986 to 1987, he served as a New York City Urban Fellow under New York City Police Commissioner Benjamin Ward. Judge Sullivan is on the executive board of the New York American Inn of Court and the Center for Law and Religion at St. John’s University School of Law. He is an adjunct professor at Columbia Law School, where he teaches courses on sentencing and jurisprudence, and he previously served as an adjunct professor at Fordham Law School, where he taught courses on white collar crime and trial advocacy and was named Adjunct Professor of the Year.
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Attorney
Maya M. Noronha is a civil rights attorney.
As special counsel for external affairs at First Liberty Institute, Maya worked for the largest legal organization in the United States dedicated exclusively to defending religious liberty for all Americans.
Previously, Maya worked at the U.S. Department of Health and Human Services, as acting chief of staff of the Administration for Children and Families; principal advisor to the Commissioner of the Administration on Children, Youth, and Families; and senior advisor to the Director of the Office for Civil Rights and regulatory reform officer. She provided advice on federal civil rights laws that prohibit discrimination on the basis of conscience, religion, race, color, national origin, limited English proficiency, sex, disability, age, and health information in both health care and human services.
In the area of election law, Maya has advised officials elected to or candidates for President, U.S. Senate, U.S. House of Representatives, Governor, state legislature, city council, and magisterial district judge. She practiced law at Baker Hostetler LLP, where she was on the Political Law and Federal Advocacy Teams, advising clients on voting rights, redistricting, election integrity, campaign finance, financial reporting, ethics compliance, as well as conducting trial and appellate litigation. She also has delivered legislative testimony, planned continuing legal education conferences on election law, and published about voting rights and election administration.
In addition to addressing the Federalist Society, she has delivered remarks to the White House Initiative on Asian American Pacific Islanders, United States Senate, Women in Government Relations, Georgetown University, George Mason University School of Law, the Columbus School of Law at the Catholic University of America, and Arizona State University Cronkite School of Journalism.
Maya is in Phi Beta Kappa, a member of the Alpha Sigma Nu Jesuit Honor Society, and a John Carroll Scholar. Forbes Magazine recognized Maya as one of its 30 under 30 in Law and Public Policy.
She serves concurrently on the Federalist Society’s Free Speech & Election Law Executive Committee and the American Bar Association’s Standing Committee on Election Law.
Education
· J.D., Georgetown University Law Center, 2011
· A.B., Georgetown University, 2005
Partner, Benesch, Friedlander, Coplan & Aronoff LLP
Peter focuses his legal practice on representing management in employment-related litigation and in contract negotiations, NLRB proceedings, EEO matters and arbitration.
Peter Kirsanow is a partner with Benesch’s Labor & Employment Practice Group. He returned to Benesch in January 2008 after serving as a presidential appointee to the National Labor Relations Board (NLRB) in Washington D.C. for two years. While serving on the NLRB, he was involved with significant decisions including Oakwood Healthcare, Inc., Dana/Metaldyne and Oil Capital Sheet Metal, Inc. In addition, Peter testified before the Senate Judiciary Committee on the nominations of John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan and Neil Gorsuch to the Supreme Court. He also continues to testify before and advise members of the U.S. Congress on employment law matters, most recently on November 18 before the House Subcommittee on Investigations and Oversight regarding disparate impact theory.
Peter was recently reappointed by the Majority Leader of the House of Representatives to his fourth consecutive six-year term on the U.S. Commission on Civil Rights. This is a part-time position which will expire in December 2025.
Recently, Peter and a team of Benesch attorneys served as lead counsel to the National Association of Manufacturers in litigation before the U.S. Circuit Court for the District of Columbia against the NLRB, challenging the Board’s Notice of Employer Rights Posting Rule. The court ruled in favor of Benesch’s client, striking down the NLRB’s Rule in its entirety. This ruling impacts over 6,000,000 employers nationwide which would have been subject to the posting requirement.
Additionally, Peter is past chair of the board of directors of the Center for New Black Leadership and is a member of Benesch’s Diversity & Inclusion Committee. This committee helps ensure that the firm promotes an environment in which differences are respected, employees are treated fairly, and individual skills and talents are valued.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.