On September 26, 2020, as part of the second day of the 2020 Fall Conference, AABANY hosted Enforcement in a Fragmented World, a panel on unique challenges currently facing attorneys representing clients in white collar and enforcement matters. On the panel were:
- Edward Y. Kim, Co-Founder of Krieger Kim & Lewin LLP (Moderator)
- Charu Chandrasekhar, Assistant Regional Director of the Division of Enforcement of the U.S. Securities and Exchange Commission
- Una Dean, Partner at Fried Frank LLP
- Joon H. Kim, Partner at Cleary Gottlieb (and former Acting U.S. Attorney for the Southern District of New York)
- Leo R. Tsao, Chief of the Bank Integrity Unit at the U.S. Department of Justice
The discussion started with the panelists talking about how their work has been affected by the pandemic. They discussed how a lot of the work they do — interviewing witnesses, talking and negotiating with the authorities, and gathering information — relied on in-person work. However, they agreed that justice delayed is justice denied, especially for the people and companies they are investigating. With statutes of limitations and fading memories, enforcement attorneys have been interviewing people over video and phone calls. Despite many successful interviews, they still have the obstacle of building relationships and rapport with potential cooperators over the phone. All in all, they agreed that enforcement has been very active recently and will continue to be for years to come.
Then, each of the attorneys discussed their personal experiences in enforcement. Although the attorneys each had different career paths, they agreed that they all loved their jobs because they are able to focus on doing justice, not winning cases. They discussed how their job is also an incredible honor and responsibility to be able to serve their community and country.
Next, the speakers talked about challenges they have encountered as Asian Pacific American (APA) practitioners. While dealing with drastic underrepresentation in their fields, as well as the ever persistent Model Minority Myth and the Perpetual Foreigner stereotype, the attorneys often faced overt and subtle racism in their work. However, they see a strong trend in many organizations towards actively diversifying the workplace to create a base of attorneys who actually reflect the communities they serve. Additionally, Chandrasekhar and Dean discussed the added challenges of being female APA practitioners. They discussed how government work can actually be a great equalizer. Although there are still many difficulties that come with many sacrifices and compromises, women in government service are taught to stand up and speak out in court about their cases, which builds confidence.
The panel concluded with some of the attorneys discussing the importance of separating the system from the service. They agreed that there are many serious injustices and inequities in the justice system, and the justice system must be reformed and improved by educating people within the justice system. The speakers acknowledged that many of the people working and handling individual cases within the system are genuinely passionate about upholding justice. And these attorneys will continue to do so proudly for the rest of their careers.
In these uncertain times, it is incredibly inspiring to hear from leading practitioners and enforcers in the field of white collar enforcement. Thank you to the panelists Charu Chandrasekhar, Una Dean, Joon H. Kim, and Leo R. Tsao and moderator Edward Y. Kim for sharing their experience and insights in the field of justice.
To view a recording of this program, please click on the video image at the top of this blog post.
