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Ethics and the Criminal Defense Attorney

Streams live on Tuesday, December 03, 2019 at 11:30am EST

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Course Information

Time 60 Minutes
Difficulty Beginner

Course Description

From retention through trial, criminal defense attorneys daily face a host of ethical and quasi-ethical questions. In multi-defendant cases, who can be a party to a joint defense agreement? What are the protections (and limitations) afforded by joint defense agreements? How can a defense attorney be an effective advocate without being accused of obstructing the government’s investigation? What are a defense attorney’s discovery obligations? Can a defense attorney call a witness to the stand who the attorney believes will lie? How does a defense attorney prepare a witness for testimony?

This course, co-presented by defense attorneys Lee Vartan and Danielle Corcione of Chiesa Shahinian & Giantomasi PC, will consider these questions, and others, in light of the American Bar Association Model Rules of Professional Conduct and recent case law.


Learning Objectives:

  1. Identify common ethical questions facing criminal defense attorneys
  2. Determine how best to navigate those questions in light of ethics rules and case law
  3. Adhere to your ethical requirements while being an aggressive and vigorous advocate

Credit Information

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Faculty

Lee Vartan

Chiesa Shahinian & Giantomasi PC

Lee Vartan is a member of the firm's White Collar Criminal Defense and Government Investigations, Litigation and Privacy and Data Security groups.


Lee represents companies and individuals in both criminal and civil regulatory investigations and prosecutions by the Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, and state attorneys general. Lee is also an experienced trial attorney, having tried nearly a dozen federal jury trials in New Jersey and New York.


Immediately prior to joining the firm, Lee was a partner in the New York office of an international law firm. Before that, he had a distinguished, seven-year career in federal and state government service. From 2007 to 2011, Lee served as a federal prosecutor in New Jersey. While serving as a federal prosecutor, he successfully tried a number of white collar and cyber cases to verdict, including money laundering cases, securities fraud, racketeering, computer intrusion, and mail, wire, and bank fraud. 


In 2011, Lee served in New Jersey Governor Chris Christie’s counsel’s office, advising the governor and senior administration officials on policy and legislation. He was elevated to chief of staff to the New Jersey attorney general and then served as executive assistant attorney general. 


As the executive assistant attorney general, Lee managed the day-to-day activities for the 8,100-person Department of Law and Public Safety including supervision of the New Jersey State Police, Division of Criminal Justice, Division of Gaming Enforcement and Division of Consumer Affairs. For the Division of Criminal Justice, he oversaw hundreds of investigations and prosecutions involving healthcare fraud, financial fraud, securities fraud and public corruption. For the Division of Gaming Enforcement, he managed the implementation of New Jersey's Internet gaming law and the licensing of both Internet gaming providers and “brick-and-mortar” casinos. Lee also served as New Jersey's liaison to the National Association of Attorneys General (NAAG), where he was responsible for determining New Jersey's participation in multi-state, attorney general-led enforcement actions in the areas of data privacy, consumer fraud and off-label prescription drug marketing.


Lee also served for several years as an adjunct professor at Seton Hall Law School, where he taught a course on the investigation and prosecution of federal cybercrimes.

EDUCATION

  • Harvard Law School (J.D., cum laude, 2003)
  • Princeton University (B.A., cum laude, 2000)

BAR & COURT ADMISSIONS

  • New Jersey
  • New York


Danielle M. Corcione

Chiesa Shahinian & Giantomasi PC

Danielle Corcione is an experienced trial lawyer and counselor who has represented individual, government, and corporate clients in some of their most sensitive and high stakes matters. Her practice focuses on white collar criminal defense, internal investigations, and complex civil litigation.

Danielle served as an assistant U.S. Attorney in the Criminal Division of the U.S. Attorney’s Office for the District of New Jersey for five years, where she was a member of the Health Care & Government Fraud Unit. While serving as a federal prosecutor, she investigated and prosecuted a wide range of matters, including healthcare fraud, anti-kickback, criminal HIPAA violations, mail fraud, tax evasion, money laundering, commercial bribery and violations of both the Food, Drug and Cosmetic Act and the False Claims Act.

Danielle was previously Senior Privacy Counsel at an international cosmetics manufacturer, where she played an integral role in the strategic development and implementation of the company’s privacy program to ensure continual compliance with global privacy and data protection laws. Earlier in her career, she held multiple roles at international law firms and gained significant experience defending clients in white collar and civil matters.