Celesq® Attorneys Ed Center

The Storming of the Capitol: What are the criminal, civil and employment consequences?

Program Number: 3150

Program Date: 01/29/2021


It will be ironic if Donald J. Trump is not prosecuted because of his First Amendment protections, but the rioters (who did exactly what they thought Trump wanted them to do) are prosecuted to the full extent of the law. Did Donald J. Trump incite a riot? Did his words give the rioters a defense based on his apparent authority as the President of the United States and the Commander in Chief? What are all of the criminal, civil and employment consequences for the rioters? What can employers of the rioters and protesters do?

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Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.00 General CLE credit
60 minute credit hour - 1.00 General CLE credit

State Program Numbers


Thomas D. Bever, Esq.

Smith, Gambrell & Russell, LLP

Mr. Bever is a former federal prosecutor who focuses his practice on White Collar Criminal Defense and commercial litigation. He is listed in U.S. News The Best Lawyers in America© for Bet-the-Company Litigation, Criminal Defense for White Collar Crime and for Commercial Litigation. He was named the Best Lawyers® 2017 Atlanta Criminal Defense: White-Collar “Lawyer of the Year” in Georgia. Mr. Bever has also been ranked as a Georgia Super Lawyer (Criminal Defense: White Collar) since 2005 and is listed in Chambers USA for White Collar Crime & Government Investigations. He has had a top AV Preeminent rating by Martindale Hubbell for more than 20 consecutive years. He is a member of the Litigation Counsel of America, a trial honorary society.

Mr. Bever is focused primarily on White Collar criminal defense, representing individual and corporate clients in all stages of criminal investigations in federal and state courts, from the initiation of the investigation through trial. He also represents clients in civil litigation and trials, as well as administrative hearings and regulatory matters. Mr. Bever has served as lead counsel on behalf of companies on a variety of internal investigations. His cases have primarily been in healthcare, government contracting, securities, tax, environmental, and commercial disputes.

Mr. Bever earned his JDA and MBA from the University of Virginia, and practiced in Atlanta with Alston & Bird. He then served in the Criminal Division of the United States Attorney’s Office for the Northern District of Georgia, prosecuting fraud, public corruption, and general crimes. The U.S. Department of Justice awarded him a Special Commendation for his prosecution of a major FHA mortgage loan fraud case. He later served as Associate Counsel in the Office of Independent Counsel conducting the “Iran/Contra” investigation.

Mr. Bever speaks and appears regularly at a variety of professional seminars. These have included the National Seminar on the Federal Sentencing Guidelines, the American Bar Association’s Healthcare Fraud Institute, and annual seminars in Georgia on White Collar Crime, Healthcare Fraud, Federal Criminal Practice, and Internal Corporate Investigations.


Amy E. Buice, Esq.

Smith, Gambrell & Russell, LLP

Ms. Buice’s practice focuses on serving the diverse needs of clients in litigation and trial practice.

Ms. Buice earned her B.A. in History at Sewanee: The University of the South. While at Sewanee, she served as a judicial intern for the Honorable David C. Norton, Judge of the United States District Court for the District of South Carolina. Her freshman year, she won the Freshman Prize in Historical Writing for her essay chosen for publication in the department’s undergraduate journal. Senior year, she was awarded the Cushman Scholarship for excellence in History. She graduated from Sewanee summa cum laude and was inducted into Phi Beta Kappa.

Ms. Buice earned her J.D. degree, cum laude, from the University of Georgia. While in law school, Ms. Buice competed on the moot court team, where she placed as finalist at the 2018 William B. Spong National Moot Court Competition. Her 1L year, she competed in and won the 1L Beaird First-Year Closing Argument Competition. She also served as a Notes Editor on the Georgia Journal of International and Comparative Law. She served as a judicial intern for the Honorable Lawton Stephens, Judge of the Athens-Clarke County Superior Court.


Matthew W. Clarke, Esq.

Smith, Gambrell & Russell, LLP

Mr. Clarke has significant experience in employment law, encompassing employment discrimination and litigation, employment contracts, employee handbooks and policies, termination and separations, hiring practices, wage and hour issues, unemployment compensation and other aspects of the employer/employee relationship governed by state and federal laws. He regularly counsels clients on compliance issues and dispute avoidance. When litigation becomes necessary, Mr. Clarke regularly represents employers in employment litigation matters pending in state and federal courts. He represents clients in matters pending before the United States Equal Employment Opportunity Commission, the Georgia Department of Labor and the Wage and Hour Division of the United States Department of Labor. Mr. Clarke’s employment law practice also includes extensive experience litigating matters concerning federal Title VII, ADEA, ADA and WARN Act matters, along with restrictive covenants disputes (non-competition and non-solicitation agreements and the like) and other federal and state law claims.

Mr. Clarke also has extensive expertise litigating and arbitrating a wide array of commercial disputes, including national franchising disputes, professional liability, and other complex business litigation and arbitration proceedings.

Mr. Clarke is a frequent speaker and writer on various employment, arbitration and litigation issues. He regularly conducts presentations at Continuing Legal Education seminars, SHRM functions, and similar events for attorneys, business persons and human resources professionals before clients and other civic groups on various legal matters. Matt Clarke was a recent Presenter at the Georgia Institute of Continuing Legal Education’s Technology Law Institute seminar on Social Media Technologies and Business: Blessing or Curse? He was also a recent speaker at a Georgia Institute for Continuing Legal Education seminar for attorneys on the use of arbitration provisions in business and employment agreements, and his article entitled “Alternative Dispute Resolution — Considerations in Using ADR Provisions in Business and Employment Agreements” was published by the ICLE. Mr. Clarke co-authored an article on employment agreements entitled, “But it’s Not in My Contract! – When Employers Should (and Should Not) Use Employment Agreements” which was published in the national Employee Relations Law Journal. Mr. Clarke has spoken many times at CLE events before the Association of Corporate Counsel.

Mr. Clarke graduated in 1989 from the University of Georgia with a B.B.A. degree in International Business. While there, he received the Honors Program Academic Achievement Award. In 1992, Mr. Clarke received his J.D. degree, cum laude, from the University of Georgia School of Law. During law school he served as a member of the Moot Court Board and the ABA Moot Court Team. Mr. Clarke is admitted to the Eleventh Circuit Court of Appeals and the United States District Courts for the Northern and Middle Districts of Georgia, as well as the Georgia Supreme Court and Court of Appeals.

Mr. Clarke served for many years on the Board of Directors for the Atlanta Volunteer Lawyer Foundation (AVLF), a non-profit organization that provides free legal representation to low-income people through the generosity of attorneys in our community. Mr. Clarke is currently a member of AVLF’s Annual Campaign Steering Committee. Mr. Clarke also currently serves on the Advisory Committee for Pro Bono Partnership of Atlanta (PBPA), an organization that engages attorneys to provide nonprofits with pro bono business legal services.


Anthony L. Cochran, Esq.

Smith, Gambrell & Russell, LLP

During the 44 years he has been practicing law in Atlanta, Mr. Cochran has represented many individuals and businesses on a wide variety of complex matters. He has tried dozens of jury trials in many areas of the law (both civil and criminal, federal and state), bench trials (in federal and state courts), administrative and regulatory hearings (before both federal and state agencies and boards), and medical peer review hearings at hospitals. His unique experience allows him to handle parallel civil, administrative and criminal proceedings, which are common in today’s legal environment. Being able to competently handle civil, administrative and potentially criminal matters for a client simultaneously can be an enormous savings to a client by preventing duplication of effort.

In 2005, Mr. Cochran was inducted into the American College of Trial Lawyers. He is consistently listed as being one of the “Top 10 Attorneys” in Georgia by Super Lawyers. He is listed in Super Lawyers, Corporate Counsel Edition, under Business Litigation. He is also listed annually in the publication Best Lawyers in America (Criminal Law) and in Atlanta Magazine’s compilation of the Best Lawyers in Atlanta (Criminal Law).

In addition to his law practice, Mr. Cochran is quite active as a Yoga Instructor, teaching several classes each week. He also served as former Chair and Director for the Zaban Paradies Center which assists homeless couples obtain housing and employment.

Mr. Cochran regularly appears on continuing education panels, speaking at a large number of seminars on a variety of topics, including the application of Daubert to expert testimony, and a host of topics spanning from representing physicians to white-collar criminal law and investigations.

Mr. Cochran graduated magna cum laude from Northwestern University Law School in 1976, beginning his legal career in Atlanta with the firm Powell, Goldstein, Frazer & Murphy. From 1982 to 1985, he served as an Assistant United States Attorney for the Northern District of Georgia, prosecuting a variety of criminal cases. While an Assistant United States Attorney, Mr. Cochran received commendations from the U.S. Attorney General in a Department of Defense procurement fraud prosecution, and from the Director of the F.B.I. in a vote fraud prosecution.

He has also served as an Adjunct Faculty Member of the Emory University School of Law from 1986-2000.