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Court-Involved Supervised Release Shows Promising Results

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The article discusses the effectiveness of court-involved supervised release programs as an alternative to incarceration,...

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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The article discusses the effectiveness of court-involved supervised release programs as an alternative to incarceration, highlighting a program led by U.S. District Judge Richard M. Berman. This program emphasizes active judicial participation, regular hearings, and a holistic approach involving probation officers and treatment providers. The program has shown promising results, with lower rates of violations and imprisonment among participants compared to national averages.The article also examines the implications of the Esteras v. United States case, which questions the consideration of punishment-related factors in supervised release revocations. Judge Berman's program serves as a model for improving reintegration outcomes and reducing recidivism. The findings suggest that such programs can enhance community safety and support successful reentry for former offenders.Read the <a href="https://www.law360.com/articles/2317409" target="_blank">full article</a>.

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Carrie H. Cohen is global co-chair of the Investigations + White Collar Defense practice group and the firm’s State + Local Government Enforcement team. Prior to joining the firm, Carrie served in the New York State Attorney General’s Office as Chief of the Public Integrity Bureau and an Assistant Attorney General in the Civil Rights Bureau where she received the Louis J. Lefkowitz Memorial Award for outstanding service. Carrie also served as an Assistant U.S. Attorney in the Southern District of New York (SDNY) where she prosecuted public corruption and securities matters, including obtaining the first trial conviction of former Speaker of the New York State Assembly Sheldon Silver.As a former state and federal prosecutor, Carrie routinely represents corporations, boards, and c-suite executives in government-facing investigative and regulatory matters with a particular focus on state and local government matters. Carrie’s extensive trial experience and distinguished record of success in high‑stakes, white collar defense matters cement her position as a leading lawyer who often is called upon as trial counsel for particularly sensitive matters. Carrie’s trial and white collar expertise have been recognized by a variety of organizations including Chambers USA, which describes her as “. . . a terrific trial lawyer with great judgment and timing, [who] knows how to present complex cases in a digestible way.” Carrie also routinely prepares clients who are called to testify before Congress and state and city legislatures and works on matters that involve multijurisdictional investigations and significant media attention. Carrie is a recognized industry expert in public corruption and state and local government actions. Carrie frequently is selected by government agencies to serve as independent counsel and issue public reports, which has included her appointment as Independent Monitor for the Federal Deposit Insurance Corporation, Special Counsel to the New York City Council, Special Independent Counsel to the City of Rochester, and Counsel to the California Attorney General’s Office (CA AG) as well as being part of the Monitorship Team appointed by DOJ for the global Odebrecht corruption matter. She also was appointed by Governor Kathy Hochul to the Metropolitan Transit Authority Inspector General’s Board and serves as its Acting Chair as well as having been appointed by the Chief Judge of the United States District Court for the Eastern District of New York as Counsel to the Court’s Grievance Committee. Carrie also is an Adjunct Professor at the University of Pennsylvania Law School, where she teaches a seminar on Public Corruption and the Law. Carrie serves on multiple bar committees and task forces as part of her effort to promote the rule of law. She was appointed Chair of the New York State Bar Association’s (NYSBA) Task Force on Domestic Terrorism and Hate Crimes and served as a member of the NYSBA Task Force on Wrongful Convictions. As a leader of the Bar, Carrie serves as a Vice President and Trustee of the Federal Bar Council and President of its Inn of Court and was appointed Co-Chair of the Federal-State Judicial Advisory Council as well as prior service as a Vice President of the New York City Bar, Chair of its Executive Committee, and member of its Nominating Committee. Carrie also is a member of the Board of Directors of Volunteers of Legal Service, an organization that provides pro bono legal services to the New York community, and was appointed by the SDNY to its Criminal Justice Act Panel to serve as counsel to indigent defendants in federal criminal cases. Carrie has long been dedicated to advancing women in the legal profession, both in the United States and globally. She co-chairs Morrison Foerster’s Women’s Strategy Committee, a group that works with firm leaders to ensure the advancement of women remains a strategic priority, and serves as a member of the New York City Bar’s Cyrus R. Vance Center for International Justice, where she spearheads a professional development program for women lawyers in Latin America and South Africa. She is also a member of the Women’s Forum of New York and the Belizean Grove, both of which are by nomination only and are comprised of a diverse group of recognized women leaders in their respective fields.Carrie co-authored the acclaimed NYSBA report adopted by the American Bar Association “If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR” and the follow-up report “The Time is Now: Achieving Equality for Women Attorneys in the Courtroom and in ADR.” She serves on the Steering Committee of the When There Are Nine Scholarship Project, which she co-founded with other SDNY alumnae to honor the late Justice Ruth Bader Ginsburg by providing law school scholarships and mentorship.<h4>Representative Experience</h4><ul><li>Government Appointments/Public Corruption. Appointments as independent counsel for federal, state, and local government agencies. Represents elected and appointed public officials, public entities, and individuals doing business with the government in a variety of public corruption-related matters with a focus on public-facing reports.</li><ul><li>Independent Monitor for the Federal Deposit Insurance Corporation related to workplace issues.</li><li>Special Independent Counsel to the New York City Council related to investigations of certain Council Members for misconduct and corruption.</li><li>Special Counsel to the MTA related to an examination of time, attendance, and overtime, which included presenting a report to the MTA Board.</li><li>Independent Counsel to the CA AG to conduct a review of its public release of confidential personal information associated with firearms permit holders and applicants, which included the preparation and release of a public report.</li><li>Service on the DOJ-appointed Monitorship Team for the global Odebrecht corruption matter.</li><li>Trial counsel for Rochester Mayor Lovely Warren for campaign finance charges; Hon. John A. Michalek for public corruption offenses; Hon. Sylvia Ash for obstruction of justice charges; County officials related to allegations of official misconduct and bid rigging.</li></ul><li>Financial Institutions/Securities Matters. Represents banks and other financial institutions in investigations of regulatory and consumer-related matters. Represents corporations and individuals in a variety of criminal investigations and regulatory matters involving federal and state securities laws.</li><li>Foreign Corrupt Practices Act (FCPA). Represents corporations in FCPA investigations across industries and in numerous jurisdictions. Service on the DOJ-appointed Monitorship team in the criminal prosecution of Odebrecht.</li><li>Workplace Misconduct. Conducts investigations for corporations and boards related to workplace misconduct and #MeToo issues and provides related advocacy and legal advice.</li><li>Cybersecurity. Conducts investigations of cybersecurity incidents and represents companies in related government and regulatory matters concerning disclosure of data and privacy issues.</li><li>RICO/Civil Fraud/Commercial Litigation. Represents a wide variety of public and private corporations in civil fraud, RICO, and commercial litigation including at trial. Represented UPS at trial in SDNY in a case brought by the NYAG and the City of New York alleging illegal transportation of untaxed cigarettes.</li></ul>

Carrie Cohen

Partner

Savanna Leak is an associate in the Litigation Department of Morrison Foerster’s New York office.Savanna focuses her practice on representing companies, executives, and boards of directors in connection with internal investigations, government-facing investigations, white collar defense, and complex civil litigation. She has particular experience in investigations, enforcement actions, and compliance exercises pertaining to alleged Foreign Corrupt Practices Act (FCPA) violations, securities and other financial fraud, and workplace misconduct, as well as civil litigation experience representing companies in securities class actions. Prior to joining Morrison Foerster, Savanna was an associate at another global law firm.During law school, Savanna interned in the National Security & Cybercrime and International Narcotics & Money Laundering Sections of the U.S. Attorney’s Office for the Eastern District of New York. Savanna received her J.D. cum laude from the Northwestern Pritzker School of Law. While attending law school, she served as a comment editor for the Journal of Criminal Law & Criminology. Savanna graduated with honors from Johns Hopkins University with a B.A. in international studies.

Savanna Leak

Associate

Appellate + Supreme Court

Investigations + White Collar Defense