Marijuana, the Law & Banking

With states adopting laws legalizing various aspects of marijuana usage, what does this mean for banks? How are these laws structured? How are these laws interpreted? What impact do the state laws enacted have on federal law / treatment of marijuana? What are the risks to banks/financial institutions? Join us for a panel of experts that will help us weed (pardon the pun) through these and other issues.

Date: March 15, 2017
Time: 5:30 pm – 8:00 pm
Cocktail Hour:

Location:
Miami Airport Hilton
5101 Blue Lagoon Drive
Miami, FL 33126

Presenting Sponsors

Speaker:

Rachel K. Gillette – Shareholder – Greenspoon Marder
Phone: (303) 665-0860
Fax: (303) 416-4298
[email protected]
999 18th Street, 30th Floor, Denver, CO, 80202

Rachel Gillette focuses her practice on marijuana/cannabis business licensing and regulatory compliance, business
law and transactions, contract drafting and review, civil litigation, corporate formation, and tax matters, including
audit representation. She has vast experience in representation of cannabis and hemp businesses, having
represented state and locally licensed marijuana and hemp businesses in Colorado since 2010.

Ms. Gillette also regularly represents clients before the IRS’s Examinations, Appeals, and Collections Divisions,
including marijuana businesses facing the challenges of IRS adjustments under 280E. She has successfully
protested local, state and federal tax deficiencies in behalf of her clients, having prevented hundreds of thousands of
dollars in incorrectly assessed taxes, interest, and penalties. She can assist individual and business taxpayers in
280E proposed assessments, offers in compromise, audit examinations, innocent spouse claims, sales, use, and
employment tax matters, trust fund tax penalty assessments, penalty abatement’s, and levy releases.

Ms. Gillette received her Juris Doctorate from the Quinnipiac University School of Law in Hamden, Connecticut,
where she served as Associate Editor of the Quinnipiac University Probate Law Journal. During law school, she
interned with the New Haven Public Defender’s office, where she developed her commitment to advocacy for those
facing the many challenges of the criminal justice system.

Through her current work with cannabis and hemp businesses in a highly regulated industry, Ms. Gillette remains
committed to ending the prohibition of cannabis at the national level and ensuring state licensed and legal marijuana
businesses are fairly taxed and regulated.

Court Admissions

U.S. District Court, District of Colorado
U.S. Tax Court

Tony Gonzalez, Assistant United States Attorney

Mr Gonzalez received his BA in Psychology from the University of Miami in 1988 and his JD from the University of Miami School of Law in 1991. At the age of 22, Mr Gonzalez became the youngest prosecutor hired by the Miami-Dade County State Attorney=s Office. Mr. Gonzalez spent most of his seven years in the State Attorney=s Office in the Racketeering/Organized Crime and Public Corruption Unit where he specialized in wiretap investigations of police officers and organized crime figures. In that unit, Mr. Gonzalez was also a cross-designated Special Assistant US Attorney (SAUSA) for the Southern District of Florida. As a SAUSA, Mr. Gonzalez tried a number of organized crime cases in federal court.

In 1998, Mr. Gonzalez was hired by the US Attorney=s Office as an Assistant US Attorney. After a short time in the Appellate Section, Mr. Gonzalez joined the Narcotics Section. In 1999, Mr. Gonzalez was assigned to the High Intensity Drug Trafficking Area (HIDTA) Task Force. From 2002 to 2009, Mr. Gonzalez served as Deputy Chief of Narcotics in charge of HIDTA. In 2009, Mr. Gonzalez assumed the position of HIDTA Operations Coordinator for both the Miami-Dade and Broward County HIDTA Units. In 2011, Mr. Gonzalez took the dual roles of HIDTA Operations Coordinator and Deputy Chief of Narcotics in charge of HIDTA.

Since 2002, Mr. Gonzalez has represented the US Attorney=s Office for the Southern District of Florida on the HIDTA Executive Committee. He has served four times as chairman and twice as vice-chairman of the committee.

Mr. Gonzalez has investigated and tried many complex, high-profile cases. In 2000, Mr. Gonzalez received the Director=s Award for Superior Performance as an AUSA for his prosecution of United States v. Bordon, et al., a complex money laundering case. In 2007, Mr. Gonzalez received the Attorney General=s John Marshall Award for Trial of Litigation for his prosecution of United States v. Battle, et al, a 6 1/2 month, multi-defendant RICO conspiracy trial involving numerous murders, arsons, and acts of illegal gambling, money laundering and narcotics trafficking. In that case, the jury found the defendants guilty of eight murders and seven arsons resulting in deaths and returned a forfeiture verdict of $1.4 billion. Mr. Gonzalez also received the National Organized Crime Drug Enforcement Task Force (OCDETF) Outstanding Investigation Award for this case. In 2011, Mr. Gonzalez was selected by the Director of the Office of National Drug Control Policy (Drug Czar) as the National HIDTA Prosecutor of the Year. In 2012 Mr. Gonzalez received a second Director=s Award for his prosecution of United States v. Solorzano et al., a complex international money laundering investigation involving the Venezuelan parallel market. In 2015, Mr. Gonzalez received the National Association of Former United States Attorneys’ Exceptional Service Award. In 2016, Mr. Gonzalez received a second National OCDETF Outstanding Investigation Award for the investigation and prosecution of United States v. Tardon, et al., a Spanish, multi-ton cocaine trafficking syndicate that laundered millions of dollars through the purchases of luxury, South Florida real estate and exotic cars. Mr. Gonzalez has also received numerous awards and commendations from the DEA, FBI, IRS, DHS and Secret Service including the IRS=s highest honor (Honorary IRS/CID Special Agent) and DHS=s highest honor (Investigative Excellence Award).

Mr. Gonzalez has served as a faculty member at the National Advocacy Center lecturing at the Basic Trial Advocacy, Basic Narcotics, Advanced Narcotics, Basic Money Laundering, Advanced Money Laundering and Guidelines Seminars. He also frequently lectures domestically and abroad in the area of international money laundering. Mr. Gonzalez was a consultant to the Governments of Mexico and El Salvador in the drafting of their wiretap laws. Mr. Gonzalez was born and raised in South Florida.

Melissa Atkins
Executive Vice President
Chief Operating Officer
First GREEN Bank
Mount Dora, FL

A 17-year veteran in banking, Melissa Atkins joined Florida Choice Bank in 2000, quickly advancing in her role as a leader in banking, being named Vice President in 2004, overseeing the accounting and operations of the bank. In 2008 Mrs. Atkins joined First Green Bank as a founding member, coming in as Chief Financial Officer and Senior Vice President. In 2010 she was named Chief Operating Officer (COO) and Executive Vice President of First GREEN Bank. That same year, she was nominated for Orlando Business Journal’s CFO of the year. As Chief Operating Officer, she oversees all aspects of bank regulatory compliance/risk management, finance, strategy development and accounting, as well as bank expansion efforts throughout Florida. Mrs. Atkins serves on various board appointed committees as well as being integral part of the Executive Management team, helping shape the banking industry through the newest technologies and e-commerce services. In addition to her academic and professional achievements, Mrs. Atkins is a strong believer in the principles and deep values that are the foundation of First GREEN Bank. While environmental issues consumed their initial focus, they have expanded into other areas to improve the lives of people through efforts in promoting social responsibility. One of these initiatives is the decision to become the first bank in the state of Florida to bank the medical marijuana industry.
Mrs. Atkins has lead the initiative for Frist Green Bank and her team, helping shape legislation in Tallahassee and researching the most robust systems to safely, and within the current legal and regulatory framework, deliver banking depository solutions for businesses or professionals who are operating in the industry.

First GREEN Bank is now a safe harbor for local dispensaries and businesses engaged in the emerging medicinal marijuana industry thanks to the approval of Amendment 2 in Florida. The legalization of medical marijuana is a cause that First GREEN Bank is extremely passionate about, and they continue to support the fight to make medicinal marijuana more accessible to millions of Floridians who are suffering.

Moderator:

S. Marshall Martin, CPA, Esq.
City National Bank of Florida
Executive Vice President
General Counsel

Marshall has over twenty five (25) years of substantial real estate, bank regulatory compliance/risk management, finance, accounting, and legal experience. He joined City National Bank of Florida in February 2009 and presently serves as its General Counsel. At City National, Marshall has joint accountability for the legal affairs of the bank and until February 2017 had responsibility for all non-credit risk, including BSA/AML/OFAC, privacy, information/cyber security, fraud, regulatory compliance, etc. In addition, his responsibilities include leadership, strategy development, and management of regulatory relations. Prior to joining City National Bank, Marshall served in Wachovia’s Legal Division and went on to lead over 100 FTE managing Wachovia Bank’s CIP & High Risk Customers for the General Bank, consultant in KPMG’s Chicago office on bank/thrift regulatory matters (including M&A filings), served as general counsel/compliance officer of a multi-state/country MSB, and was an assistant bank examiner with the FDIC.

Marshall holds a Juris Doctorate from the University of Illinois, a CPA certificate, and dual undergraduate degrees in finance and international business from Florida International University. Marshall has served on the advisory board for the Florida International Bankers Association’s AML Compliance conference, the ACAMS AML & Financial Crime Conference task force. Marshall currently serves on the Florida Banker’s Association Government Relations Committee, Florida International University President’s Council, Board of the South Florida Banking Institute, was the past Co-Chair of the Board of ACAMS (South Florida Chapter), and is a frequent speaker both domestically and internationally.