The Narrowing Path of Federal Fraud Defenses After Kousisis and Bankman-Fried

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The Narrowing Path of Federal Fraud Defenses After Kousisis and Bankman-Fried
About the Program

In federal white collar prosecutions and civil RICO litigation, defendants have often sought to demonstrate their good faith intent by arguing that they did not intend to cause any loss to victims, and that there were attorneys involved in the decision-making process under scrutiny. Recent decisions by the Supreme Court in U.S. v. Kousisis and the Second Circuit in U.S. v. Bankman-Fried make those defenses much harder to raise. This presentation discusses both cases, their impact on federal cases involving fraud allegations, and how attorneys on both sides of the issues can plan their strategies accordingly.

Speaker(s)
William Markham

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Law Office of William Markham
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Francesca Giannoni-Crystal

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Crystal & Giannoni-Crystal, LLC

Francesca Giannoni-Crystal is an attorney and founder of Crystal & Giannoni-Crystal, LLC. She is dually qualified in the United States (New York and the District of Columbia) and Italy, and brings more than twenty years of experience advising companies, financial institutions, and law firms on international transactions, commercial and technology law, privacy, and cross-border ethics. She holds law degrees from the University of Florence and the Charleston School of Law, as well as an LL.M. in Air and Space Law from the University of Mississippi. She has published widely on space law, data protection, and professional responsibility, including in the Harvard National Security Journal and the Journal of Air Law and Commerce.

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Christabel Randolph

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Center for AI and Digital Policy

Christabel Randolph is Associate Director of the Center for AI and Digital Policy in Washington, D.C., where she advances AI governance and data privacy policy, having joined as a Law Fellow in 2023. As a Public Interest Fellow at Georgetown Law, she researched the governance of AI and emerging technologies and their impacts on rights and public safety, authored reports and policy briefs on responsible innovation, and worked with partner organizations to develop recommendations for policymakers. She holds an LL.M. in Technology Law & Policy from Georgetown Law, where she was a Tech Law Scholar, and brings nearly two decades of legal experience as an Advocate of the Supreme Court of Bangladesh and a former senior corporate counsel across South Asia, the Middle East, and North Africa.

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Michael A. Zuckerman

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JAMS

Michael A. Zuckerman, Esq., is a JAMS mediator, arbitrator, and neutral evaluator handling business, consumer, employment, and emerging technology disputes, including data privacy, cybersecurity, and Fair Credit Reporting Act claims. Before joining JAMS, he was a trial and appellate litigator at Jones Day and clerked for judges on the U.S. Courts of Appeals for the Sixth and Seventh Circuits and two federal district courts. He serves on the Board of Directors of the JAMS Foundation, teaches ADR at Northern Illinois University College of Law, and writes and speaks frequently on dispute resolution.

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Hon. Richard M. Aronson (Ret.)

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JAMS

Hon. Richard M. Aronson (Ret.) is a mediator, arbitrator, and court-appointed neutral with JAMS. He served nearly 20 years as an associate justice on the California Court of Appeal, Fourth District, Division Three, authoring approximately 1,600 opinions, including more than 180 published opinions. Before that, he spent more than a decade on the Orange County Superior Court, handling unlimited civil, felony criminal, and family law matters and conducting numerous settlement conferences.

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Nathan McKay

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Frankfurt Kurnit Klein & Selz PC

Nathan McKay, Interactive Entertainment Associate at Frankfurt Kurnit Klein & Selz, advises independent game developers, user-generated content creators, talent groups, and media organizations from early concept and IP strategy through commercial launch and ongoing partnerships. He regularly prepares and negotiates IP licenses, advertising and endorsement agreements, game production and financing arrangements, and content creation contracts, and he also handles trademark and corporate structuring matters. A graduate of Syracuse University College of Law, he guest lectures at Syracuse University and SUNY Oswego on legal and career issues in interactive entertainment and is admitted to practice in New York.

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Adam Snyder

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UpAI, LLC
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Matt Orlinsky

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Practice Panther

Matt Orlinsky is a Legal Technology Consultant at PracticePanther, where he has spent over 10 years helping law firms adopt technology to streamline their practice management. He began as a Senior Account Manager in 2016, also serving in a parallel role at Paradigm (formerly ASG LegalTech), before advancing to Head of Sales in 2023. Earlier in his career, he gained experience in general management and business development, including roles at Shabooms Inc. and Oxford Development Company.

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Doris Cheng

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Walkup, Melodia, Kelly & Schoenberger

Doris Cheng, Shareholder at Walkup, Melodia, Kelly + Schoenberger, specializes in complex injuries caused by third party negligence and has obtained multimillion dollar verdicts and settlements on behalf of disabled plaintiffs, including a $15,000,000 verdict and two $19,000,000 settlements. Ranked among the top 10 lawyers in Northern California, she was named Best Lawyers Lawyer of the Year in 2017, profiled on the cover of Super Lawyers Magazine in 2025, and received the inaugural ABOTA Champion of Justice Award in 2022. The 106th President of the Bar Association of San Francisco and a Fellow of the American College of Trial Lawyers, she has trained trial lawyers and judges nationally and internationally and co‑authors the Rutter Group California Practice Guide on Personal Injury.

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Chad Todd

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Practice Panther

Chad Todd is the Accounting General Manager at PracticePanther, bringing decades of operating and leadership experience to the role. He previously founded and sold Training Concepts (one of South Carolina’s largest IT training firms, training 10,000+ professionals) and co-founded TrustBooks, legal trust-accounting software acquired in 2022 — experience that gives him deep insight into the compliance and workflow challenges law firms face.

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Accreditation
Credit Hours:
1.00
Specialty Area:
Criminal Law
Credit Type:
General
Original Air Date:
September 2, 2026
Accredited in:
California
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