The Florida Bar Environmental and Land Use Law Section
and the Dade County Bar Environmental Law Committee present:

 

Environmental Crimes

COURSE CLASSIFICATION: INTERMEDIATE LEVEL
One Location

January 21, 1999

Wyndham Hotel, 1601 Biscayne Blvd.
Miami, Florida
Course No. 4671R

• Registration Information

8:45 a.m. – 9:15 a.m.
Late Registration

9:15 a.m. – 9:25 a.m.
Welcome Remarks
Chris M. McAliley, Esq.

9:25 a.m. – 9:45 a.m.
Update on Status of Criminal Environmental Enforcement
Earl E. Devaney, Director, Office of Criminal Enforcement, Training and Forensics, Environmental Protection Agency

9:45 a.m. – 10:35 a.m.
What is an Environmental Crime Part I: The Law
You may be surprised to learn when the government does, and does not, have jurisdiction. Two seasoned environmental crimes prosecutors will identify the most commonly used criminal provisions of environmental statutes, and traditional crimes (such as fraud, false statements, obstruction of justice) charged in environmental cases.
Thomas A. Watts-Fitzgerald, Assistant U.S. Attorney, Southern District of Florida
Gary S. Winston, Assistant State Attorney, Dade County State Attorneys Office

10:35 a.m. – 10:50 a.m.
Break

10:50 a.m. – 12:10 p.m.
What Makes an Environmental Crime Part II: Prosecutorial and Regulatory Discretion
Learn from the decision-makers themselves when and why they elect criminal remedies over civil and administrative remedies.

Panel Discussion
Moderator: James M. Porter, Esq., Holland & Knight
Joseph T. Stillwell, Chief, Enforcement Division, Dade County Environmental Resources Management (DERM)
Clabe R. Polk, Administrator of Environmental Investigations, Office of Investigations, Florida Department of Environmental Protection
James J. Welch, Assistant State Attorney, Gainesville State
Attorneys Office
Steven Solow, Chief, Environmental Crimes Section, U.S. Dept. of Justice, Washington, D.C.

12:10 p.m. – 12:30 p.m.
Question and Answer Session with Morning Speakers

12:30 p.m. – 2:00 p.m.
Lunch (on your own)

2:00 p.m. – 3:15 p.m.
Your Business Client is Hit With a Criminal Search Warrant; What to Expect and How to Represent Your Client
Understand the tools available to the government, the procedures associated with seizing and searching your client's property, ethical considerations, and how to protect your client's interests.

Panel Discussion
Moderator: George F. Gramling, III, Esq., Frank & Gramling
David B. Rothman, Esq., Thornton & Rothman, P.A. (Miami)
David B. Weinstein, Esq., Williams, Reed, Weinstein, Shifino & Mangione, P.A. (Tampa)
Lauren J. Priegues, Assistant U.S. Attorney, Southern District of Florida
Ricky D. Langlois, Special Agent, Environmental Protection Agency

3:15 p.m. – 4:30 p.m.
The Long Term State or Federal Investigation: What to Expect and How to Represent Your Client
The panel will discuss multiple representation, responding to subpoenas, the differences between state and federal investigations and immunity, tracking the investigation, the role of consultants, negotiating with the government, ethical considerations, and much more.

Moderator: Chris M. McAliley, Esq., Coll, Davidson, Carter, Smith, Salter & Barkett, P.A.
William Aaron, Esq., Law Offices of William Aaron
Benedict P. Kuehne, Esq., Sale & Kuehne, P.A.
Gary S. Winston, Assistant State Attorney
Steven Solow, Chief, Environmental Crimes Section, U.S. Dept. of Justice, Washington, D.C.

4:30 p.m. – 4:45 p.m.
Break

4:45 p.m. – 5:30 p.m.
What Can Be Done to Avoid Criminal Prosecution?
A look at corporate compliance programs and how they may influence prosecutorial discretion and sentencing.
Norman A. Moscowitz, Esq., Bilzin, Sumberg, Dunn, Price & Axelrod, LLP

5:30 p.m. – 6:30 p.m.
All Member Reception

 

CLER PROGRAM

(Maximum Credit: 7.5 hours)

General: 7.5 hours

Ethics: 1.0 hour

 

 

CERTIFICATION PROGRAM

(Maximum Credit: 5.5 hours)

Appellate Practice 3.5 hours

Criminal Appellate 5.5 hours

Criminal Trial 5.5 hours

 

Credit may be applied to more than one of the programs above but cannot exceed the maximum for any given program. Please keep a record of credit hours earned. RETURN YOUR COMPLETED CLER AFFIDAVIT PRIOR TO CLER REPORTING DATE (see Bar News label). (Rule Regulating The Florida Bar 6-10.5).

 

 

ENVIRONMENTAL AND LAND USE LAW SECTION

Ralph A. DeMeo — Chair

Lawrence E. Sellers, Jr. — Chair-elect

 

 

STEERING COMMITTEE

Chris M. McAliley — Program Co-Chair

George F. Gramling, III — Program Co-Chair

Gary S. Winston — Program Co-Chair

 

 

REFUND POLICY: Requests for refund or credit toward the purchase of the course book/audiotapes of this program must be in writing and postmarked no later than two business days following the course presentation. Registration fees are non-transferrable, unless transferred to a colleague registering at the same price paid. A $15 service fee applies to refund requests.

 

 

HOTEL RESERVATIONS: A block of rooms has been reserved at the Wyndham Hotel, at the rate of $135 single/double occupancy. To make reservations, call the Wyndham Hotel direct at (800) 332-0232 or (305) 374-0000. Reservations must be made by 1/4/99 to assure the group rate and availability. After that date, the group rate will be granted on a "space available" basis.

 

REGISTRATION INFORMATION

Register me for "Environmental Crimes" Workshop

(019) Wyndham, Miami, (1/21/99)

TO REGISTER OR ORDER TAPES/BOOKS, MAIL THIS FORM TO: Jackie Werndli, The Florida Bar, 650 Apalachee Parkway, Tallahassee, FL 32399-2300 with a check in the appropriate amount payable to The Florida Bar or credit card information filled in below. If you have questions, call 850/561-5623. ON SITE REGISTRATION, ADD $15.00. On-site registration is by check only.

 

Name________________________ Florida Bar #___________________

 

Address____________________________________________________

 

City/State/Zip________________________________________________

 

(JW) Course No. 4671R

EL009

 

___ Please check here if you have a disability that may require special attention or services. To ensure availability of appropriate accommodations, attach a general description of your needs. We will contact you for further coordination.

 

 

REGISTRATION FEE (check one):

___ Member of the Environmental and Land Use Law Section: $35

___ Attorney non-section member: $60 (includes section membership)

___ Non-attorney, non-affiliate member: $85 (includes section affiliate membership—application required)

 

 

METHOD OF PAYMENT (check one):

___ Check enclosed made payable to The Florida Bar

___ Credit Card (Advance registration only!) o MASTERCARD / o VISA

 

Name on Card:____________________________Card No.__________________

 

Expiration Date: _____/_____Signature:_________________________________

 

 

COURSE BOOK — AUDIOTAPES

 

Private taping of this program is not permitted.

Delivery time is 4 to 6 weeks after January 21, 1999. PRICES BELOW DO NOT INCLUDE TAX.

 

___ COURSE BOOK ONLY: Cost $20 plus tax TOTAL $_______

 

___ AUDIOTAPES (includes course book)

Cost: $85 plus tax (section member), $90 plus tax (nonsection member) TOTAL $_______

 

 

Certification/CLER credit is not awarded for the purchase of the course bookonly.

 

Please include sales tax unless ordering party is tax-exempt or a nonresident of Florida. If this order is to be purchased by a tax-exempt organization, the course books or tapes must be mailed to that organization and not to a person. Include tax-exempt number beside organization's name on the order form.