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)
Ian Friedman

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Rosing Pott & Strohbehn LLP

Ian R. Friedman focuses his practice on professional liability defense, complex commercial litigation, and professional ethics. Ian is a Certified Specialist in Legal Malpractice Law by The State Bar of California Board of Legal Specialization.

In his practice, Ian represents business entities, as well as individuals in multi-million dollar disputes involving the ownership and operation of corporations, limited liability companies and partnerships. He also has previous experience litigating cases involving school bond issues, investment fraud, wrongful deaths, federal and state housing claims, real estate issues, ADA compliance and employment claims. In his professional liability defense practice, Ian has successfully represented attorneys, real estate brokers, and investment advisers against claims of breach of fiduciary duty, negligence and fraud.

Ian has continually obtained early resolutions for his clients through California’s Anti-SLAPP statute, summary judgment, demurrer, and motions to dismiss. He has protected his clients’ right to litigate in their chosen venue by succeeding on motions to transfer venue and motions to compel arbitration. Ian has also assisted in the trial of multiple cases to verdict including serving as co-trial counsel examining and cross-examining critical witnesses during a two-week bench trial.

Within the community, Ian is an active member of San Diego Defense Lawyers, and was named Young Attorney of the Year in 2016. In 2024, he has the privilege of serving as that organization’s President. He has achieved the highest AV®-Preeminent™ rating from Martindale-Hubbell.

Ian earned his Juris Doctor degree from the University of San Diego School of Law in 2013 where he completed a concentration in business and corporate law. He worked as a judicial extern with the San Diego County Superior Court and as a law clerk for several San Diego law firms and public agencies. He is a former newspaper reporter and earned his undergraduate degree from the University of Arizona.

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Hilary Bowman

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Querious

Hilary Bowman is the Founder and CEO of Querious. Prior to starting the legal tech company, she advised over 40 healthcare startups on the federal Anti-Kickback Statute, Stark Law, and HIPAA as healthcare counsel for Redesign Health; a New York City-based company that ideates, funds, and launches healthcare startups. Hilary also previously served as product counsel and healthcare regulatory counsel at IBM Watson Health (RTP), including through divestment of the business unit to a private equity firm in 2022. Hilary developed her subject matter expertise through prior roles at global law firms, K&L Gates (RTP) and Womble Bond Dickinson (Raleigh & Greensboro). She also clerked for administrative law judges at the U.S. Drug Enforcement Administration. She holds a J.D. from Case Western Reserve University and a B.A. in Human Biology from Stanford University. Hilary is licensed to practice law in North Carolina and Massachusetts.

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Michael Timpane

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JAMS
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Lizbeth Hasse

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JAMS
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Nia Wahl

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Werksman Jackson & Quinn LLP
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Max Goossen

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Hersh Mannis LLP
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Commr Susanne Blossom

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Los Angeles Superior Court

Commissioner Susanne Blossom was elected by the judges of the Los Angeles Superior Court on March 20, 2026.  She practiced in court daily for nearly 20 years as an LA County public defender and served in the Chief Executive Office of LA County in civil rights litigation compliance and policy implementation related to LA County jails in the 3 years prior to her election.

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Commissioner Wendy Shapero

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Los Angeles Superior Court

Commissioner Wendy C. Shapero is a commissioner for the Los Angeles County Superior Court, elected by a vote of the court’s judges on March 14, 2025, with assignments that include family law matters. She earned her bachelor’s degree from the University of California, Santa Cruz, and her J.D. from Southwestern Law School in 1998, where she was named to the dean’s list, served as an associate editor of the Southwestern University Law Review, and received the American Jurisprudence Award for Constitutional Law I. Prior to her appointment, Shapero spent 26 years (February 1999 to February 2025) as a Deputy City Attorney with the Office of the Los Angeles City Attorney, during which she also served on the Executive Board of the Los Angeles City Attorneys Association and later as its treasurer.


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Ellen Kim

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Cadenza Resolutions and Advisory, LLC
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Jennifer King

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Freshfields

Jen is an associate in the New York office where she is a member of the firm’s global sanctions, export controls, and trade practice. Jen advises clients on regulatory compliance and enforcement issues related to sanctions, export controls, and human rights and engages with government regulators on behalf of her clients in a range of industry sectors. She has experience advising on issues related to sanctions, export controls, import and customs, human rights, AML, and ABC.

Her experience also includes representing clients in complex commercial litigation and advising clients on ESG-related compliance and disclosure risks. She also maintains an active public international law practice and is a member of the firm’s business and human rights skills group.

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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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