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Cadwalader partner Anne Tompkins will participate on the panel "Official Acts, Quid Pro Quo, and Honest Services: Legal Developments and New Strategies in Corruption Cases," at the ABA Southeastern White Collar Crime Institute. The panel will examine at the investigation and prosecution of public officials and the theories that the government has employed to charge these individuals. The panel will discuss the recent Supreme Court oral argument in the case of the United States v. Robert McDonnell. The Supreme Court focused on whether "official action" under the controlling fraud statute is limited to exercising actual government power, threatening to exercise such power, or pressuring others to exercise such power and whether the jury must be so instructed; and, if not, so constrained whether the Hobbs Act honest-services fraud statute is unconstitutional. Finally, the panel will discuss effective defense tactics in defending public officials both in pretrial and trial settings.
Henry W. Asbill, Jones Day, Washington, DC (Moderator)
Matthew S. Chester, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
James D. Durham, U.S. Attorney's Office for the Southern District of Georgia, Savannah, GA
Paul B. Murphy, King & Spalding LLP, Atlanta, GA
Anne M. Tompkins, Cadwalader, Wickersham & Taft LLP, Charlotte, NC