BIGGER CARROTS AND BIGGER STICKS: ISSUES AND DEVELOPMENTS IN CORPORATE SENTENCING[dagger]

WELCOME Jill E. Fisch Fordham University Law School MODERATOR Hon. John S. Martin, Jr. Debevoise & Plimpton LLP PANELISTS Richard C. Breeden Richard C. Breeden & Co. Timothy Coleman Senior Counsel to Deputy Attorney General James Comey Stephen M. Cutler Securities and Exchange Commission Celeste Koeleveld U.S. Attorney's Office, Southern District of New York Richard H. Walker Deutsche Bank AG WELCOME PROF. FISCH: Good evening. My name is Jill Fisch.1 I am the Director of the Fordham Center for Corporate, Securities & Financial Law. On behalf of the Center and the entire Law School community, I want to welcome you to tonight's program. For some of you, this is the first time that you are attending a Corporate Center program. Let me take just a couple of minutes to tell you about the Corporate Center. John Feerick2 established the Center four years ago to serve as a focal point for business-law issues at the Law School. Since that time, we have run a variety of programs, public events, policy roundtables, academic conferences, and student-oriented programs. The list of our events is too extensive to cover in full, but let me give you just a couple of highlights. The Center hosts two annual public lectures, the A.A. Sommer, Jr., Lecture, which is sponsored by the firm of Morgan Lewis & Bockius, and the Albert A. DeStefano Lecture, sponsored by the firm of Becker Ross Stone DeStefano & Klein. Past Sommer lecturers have been an incredibly distinguished group. This past fall, Richard Ketchum, Chief Regulatory Officer of the New York Stock Exchange, delivered the Sommer Lecture.3 The DeStefano Lecture has been a variety of different lectures, as well as some panel discussions, on market regulation and the future of the self-regulatory organizations. Just last week, this year's DeStefano Lecture was delivered by New York State Attorney General Eliot Spitzer.4 I understand that Fordham made The Wall Street Journal as a result,5 which isn't a bad thing. The Center has hosted a number of other programs. In January, we held a roundtable on mutual and hedge-fund regulation, which followed prior programs on the evolving duty of good faith in corporate directors and the role of lawyers as gatekeepers. Next Fall we are scheduled to host an academic conference, the Eugene P. and Delia S. Murphy Conference on Corporate Law, which will be part of the Fordham Centennial Celebration. We have introduced students to business-law issues through specialized business-law courses, many of which are taught by leaders in the field who, after hours, devote time to serving on our adjunct faculty. We also offer students informal career guidance and insight into practice issues through our Business Law Practitioner Series. The Center boasts one of the first clinical programs in securities arbitration in the country and a specialized business-law journal, the Journal of Corporate and Financial Law. You have met some of our student editors who are here tonight. The Corporate Center is led by a distinguished Board of Advisors. Two of the advisors have gone above and beyond the call of duty in doing virtually all the work in putting together tonight's program. I want to publicly acknowledge and thank Pamela Chepiga6 and Judge Loretta Preska7 for all their hard work. I also want to thank Professors Beth Young8 and Caroline Gentile,9 who have also worked tremendously hard on tonight's program. Tonight's program is entitled "Bigger Carrots and Bigger Sticks: Issues and Developments in Corporate Sentencing." The series of corporate scandals revealed over the past few years, coupled with a host of new regulations aimed at identifying, redressing, and preventing corporate misconduct,10 have dramatically increased the level of enforcement attention directed to U. …