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NAFUSA Update
August 2012 |
Greetings!
NAFUSA Update is published monthly. NAFUSA's website can be accessed directly from this newsletter. New articles are posted to the website during the month. You may also subscribe to NAFUSA email updates, delivered to your inbox overnight, the day after any new items are posted. (Be sure to complete the two step process.) You can also follow NAFUSA on Twitter (@NAFUSAorg). |
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NAFUSA Announces Panel on Corporate Investigations
Steven J. Kuzma, the American Leader for the Corporate Compliance Advisory Services group within Ernst & Young's Fraud Investigation & Dispute Services, is working with NAFUSA to coordinate a two hour panel discussion entitled Corporate Compliance- Investigations, Diligence & Analytics. The panel, sponsored by Ernst & Young will be held on Friday morning, October 12, 2012, at NAFUSA's conference in Atlanta. Ernst & Young encourages those planning on attending to review the attached preread document Fraud Investigation & Dispute Services In Brief.
 Jay Stephens, President Elect of NAFUSA, will be the panel moderator. Panel members will include Lanny A. Breuer and Dan K. Webb, Kevin O'Connor, Sharon J. Zealey, Brian P. Loughman and David Remnitz.
- Jay B. Stephens, shown right, is senior vice president, general counsel and secretary of Raytheon Company. Raytheon, with 2011 sales of $25 billion and 71,000 employees worldwide, is a leader in defense, homeland security and other government markets worldwide. Stephens leads the company's legal and regulatory affairs, ethics and compliance programs, and corporate governance activities.
Prior to joining Raytheon, he served as associate attorney general of the United States. Before becoming associate attorney general, Stephens was corporate vice president and deputy general counsel for Honeywell International (formerly AlliedSignal). From 1993 to 1997, Stephens was a partner in the Washington, D.C., office of the law firm of Pillsbury, Madison and Sutro, where his practice focused on complex litigation, regulatory matters and corporate governance issues. He also served as co-managing partner of the firm's Washington office.
Stephens served as the United States Attorney for the District of Columbia, 1988-1993. From 1986 to 1988, Stephens served in the White House as deputy counsel to President Reagan, where he was responsible for a wide range of legal policy and regulatory issues and for providing counsel and advice to the President and senior White House staff.
From 1973 to 1985, Stephens served in a variety of positions with the U.S. Department of Justice and in the private sector, including principal associate deputy attorney general, assistant U.S. attorney and assistant special Watergate prosecutor. He also worked as an assistant general counsel with the Overseas Private Investment Corporation and as an associate with the Washington law firm of Wilmer Cutler & Pickering.
Stephens graduated from Harvard College magna cum laude and Phi Beta Kappa with a bachelor's degree in government, attended Oxford University on a Knox Fellowship, and earned his Juris Doctor degree cum laude from the Harvard Law School. He currently serves on the board of directors of the New England Legal Foundation, NAFUSA and the Atlantic Legal Foundation. Stephens also serves on the advisory boards of the American Enterprise Institute's Legal Center for the Public Interest and the Georgetown Law School Corporate Counsel Institute, as well as on the General Counsel Committee of the National Center for State Courts, and as a trustee of the American Friends of New College, Oxford.
 Lanny A. Breuer, shown left, was unanimously confirmed as assistant attorney general for the Criminal Division on April 20, 2009. He oversees nearly 600 attorneys who prosecute federal criminal cases across the country and works closely with the U.S. Attorneys' Offices in connection with the investigation and prosecution of criminal matters in their districts. He regularly testifies before Congress on the Administration's policy initiatives and advises the attorney general and the White House on matters of criminal law. Breuer also serves as the Department's representative on the Atrocities Prevention Board, which President Obama announced in April 2012. For his work as assistant attorney general, the National Law Journal named Breuer a "Visionary" in the Washington, D.C. legal community, and he was recently ranked sixth on Ethisphere's list of The 100 Most Influential People in Business Ethics.
Breuer began his legal career in 1985 as an assistant district attorney in Manhattan, where he prosecuted violent crime, such as armed robbery and gang violence, white collar crime, and other offenses. In 1989, he joined the law firm of Covington & Burling LLP, where he worked until 1997, when he joined the White House Counsel's Office as special counsel to President Clinton. As special counsel, Breuer assisted in defending President Clinton in the Senate impeachment trial.
Breuer returned to Covington in 1999 as co-chair of the White Collar Defense and Investigations practice group, where he specialized in white collar criminal defense and complex civil litigation and represented individuals and corporations in matters involving high-stakes legal risks. He also vice-chaired the firm's Public Service Committee. He has been recognized as a leading litigator by numerous publications, including American Lawyer, Chambers USA, The Best Lawyers in America, Guide to the World's Leading White Collar Crime Lawyers, The International Who's Who of Business Lawyers, and Washingtonian ("Big Guns"). He is a fellow of the American College of Trial Lawyers, a barrister of the Edward Bennett Williams Inn of Court, and a member of the American Law Institute. Breuer received his J.D. from Columbia Law School.
 NAFUSA member and former United States Attorney Dan K. Webb, shown left, is the chairman of Winston & Strawn, which he joined in 1985 after serving as the U.S. Attorney for the Northern District of Illinois (1981-1985). He received international attention for his successful prosecution of retired Admiral John Poindexter in the Iran-Contra affair. As the U.S. Attorney in Chicago, he spearheaded the "Operation Greylord" investigations into judicial corruption in Cook County.
As a nationally known commercial litigator, Webb served as lead trial counsel for General Electric, successfully defending it against criminal price-fixing allegations related to industrial diamonds, as well as for his representations of Microsoft Corp. in its antitrust litigation, Philip Morris in its tobacco-related litigation, and Verizon in obtaining a $58 million verdict in a patent litigation matter.
One of the nation's top experts on internal investigations, Webb led a Winston & Strawn team in conducting an internal investigation at the New York Stock Exchange related to the compensation of its former Chairman and CEO, Richard A. Grasso. Following Winston's investigation, summarized in what is now known as the "Webb Report," the New York's Attorney General's Office sued Grasso for the return of more than $120 million in compensation. He is the co-author of Corporate Internal Investigations (Law Journal Seminars Press, 1993-present), considered by many general counsel to the the leading treatise on how corporate internal investigations should be conducted.
Among his many honors, Webb was selected by the National Law Journal as one of the "100 Most Influential Lawyers in America", ranked as the No. 1 white-collar criminal defense attorney by the Corporate Crime Reporter and ranked for bet the company litigation by The Best Lawyers in America. Webb is well known for community service and pro bono representation. He was a 2010 recipient of the Inns of Court Professionalism Award.
Webb is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. He received his J.D. from Loyola University Chicago School of Law.
.  NAFUSA member Kevin O'Connor, shown right, will also serve on the panel. O'Connor joined United Technologies Corporation on March 19, 2012, as vice president, global compliance. He leads the global business practices function for UTC, charged with ensuring full implementation and compliance with the company's code of ethics throughout the many countries in which UTC operates.
O'Connor served as the associate attorney general of the United States, chief of staff to the attorney general, associate deputy attorney general, and chair of DOJ's Intellectual Property Task Force. He also served as U.S. Attorney for the District of Connecticut and senior counsel with the SEC's Division of Enforcement. O'Connor is a graduate of the University of Connecticut School of Law. He joined UTC from the law firm of Bracewell & Giuliani LLP, where he was a partner and chair of the white collar practice group.
 NAFUSA member Sharon J. Zealey, shown left, is the chief ethics & complaince officer at The Coca-Cola Company, a position she has held since October 2008. Zealey first joined Coca-Cola in 2006 working in litigation and international arbitration.
Zealey served as United States Attorney for the Southern District of Ohio from 1997-2001. She also served as deputy attorney general in the Ohio Attorney General's Office from 1991-1995. She is a graduate of the University of Cincinnati College of Law.
 Two senior executives at Ernst & Young have also joined the panel. Brian P. Loughman, shown left, is the Americas leader for Ernst & Young's Fraud Investigation & Dispute Services (FIDS) practice, which helps companies deal with the complex issues related to fraud, regulatory compliance and business disputes. The practice works with some of the world's largest companies and law firms, helping them conduct internal investigations, identify corruption and whitecollar crime, calculate damages, assess fraud risk and corporatecompliance and provide expert witness testimony.
Loughman has extensive experience in the investigation and remediation of FCPA and accounting fraud issues, corporate internal investigations, money laundering investigations and litigation consulting services. He frequently presents investigative findings to regulators including the Securities and Exchange Commission and the Department of Justice
Loughman's clients have included major public corporations and law firms. He has managed numerous complex global and overseas investigation and remediation efforts for audit committees, management and outside counsel. Investigative topics have included accounting fraud and restatement issues; bribery and corruption; and occupational fraud and money laundering. His experience also includes leading cross-cultural teams investigating potential FCPA violations in Asia, Latin America, Central and Eastern Europe.
Loughman is a member of the American Institute of Certified Public Accountants, the Institute of Chartered Accountants, Ireland and the Association of Chartered Accountants, United States. Brian has spoken extensively on topics including investigative issues, anti-corruption, FCPA and other related issues.
 David Remnitz, shown left, is the global and Americas leader of Ernst & Young's Forensic Technology and Discovery Services business and manages all domestic and international aspects of the e-discovery and forensic data analytics service lines.
He is an internationally recognized leader in the fields of electronic discovery and disclosure, information security, investigations based on electronically stored information, and defending corporations under inquiry by U.S. and International Regulators, law enforcement and other third parties.
Remnitz also has significant experience creating and building practice areas in the e-discovery and forensic data analytics industry. He is viewed as a luminary in the industry and frequently speaks about evolving trends in the market and how they may impact clients. He has served as a founding member of the Electronic Crimes Task Force for the US Secret Service as well as the Sedona Conference. He is a frequent media commentator and has been featured on CNN, Lou Dobbs, Fox News, and in the Wall Street Journal, The New York Times, and the International Herald Tribune.
Prior to joining Ernst & Young, Remnitz led FTI's 500 person global technology (e-discovery) business. He has 25 years of combined experience in e-discovery, information security, and investigations involving computer based and electronic information.
Remnitz holds BS in computer engineering from Lehigh University and has attended several executive education programs at MIT/Sloan.
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Reid Schar Named Winner of J. Michael Bradford Award
Each year, NAFUSA recognizes an Assistant U.S. Attorney for outstanding performance through the J. Michael Bradford Memorial Award. The award is named after J. Michael Bradford, who served as a U.S. Attorney in the Eastern District of Texas from 1994 to 2001. Bradford, who died in 2003, had a distinguished career in public service, including successfully defending the government against lawsuits stemming from the 1993 siege of the Branch Davidian's compound in Waco, Texas. NAFUSA annually solicits nominations from current U.S. Attorneys for the Bradford Award. Typically, the recipient has handled a significant investigation and prosecution or series of prosecutions that has had a significant impact and merits special recognition.
Once again, a number of exceptional nominations were made by U.S. Attorneys around the country. The Michael Bradford Award Committee was chaired by NAFUSA Vice President Don Stern. Its members included Ed Dowd, Bart Daniel, Jim Brady, Matt Orwig, Karen Hewitt, and Rich Rossman. This year, the Board voted to give the award to Reid Schar, shown above.
Schar was nominated by NAFUSA member Patrick J. Fitzgerald, at the time the U.S. Attorney for the Northern District of Illinois. Schar was an assistant U.S. attorney from 1999 through 2012. (He recently left the U.S. Attorney's office to join Jenner & Block in Chicago). Schar handled numerous significant cases in his years at the U.S. Attorney's office, and has repeatedly demonstrated a superior level of performance during his career. The Bradford Award specially recognizes, however, Schar's work in the investigation and prosecution of former Illinois Gov. Rod Blagojevich and various other associates.
Since 2003, Schar and a team investigated allegations of illegal activity occurring in the State of Illinois government as part of the Blagojevich administration. Through outstanding, dedicated and zealous investigative work, trial preparation, and trial presentation, Schar led a team that obtained the indictment and conviction of numerous individuals involved in corruption at the highest levels of Illinois government, including former Gov. Blagojevich, two of his chiefs of staff, and a variety of insiders who profited from their relationship with corrupt officials. This series of prosecutions was more involved than the usual complicated public corruption case. The investigation included numerous wiretaps on multiple phones. Indeed, one of these wiretaps in late October, 2008 resulted in recording of the then-governor making incriminating statements. Based upon these statements and other evidence, Schar and a team immediately produced wire applications for Governor Blagojevich's home phone, campaign phones, and the phones of additional members of Blagojevich's inner circle. These wire taps were approved and the recordings on those phones began approximately October 28, 2008.
The wiretaps were maintained until December 9, 2008. During that timeframe, Schar worked 7 days a week to analyze the wiretaps and continue the investigation based on leads obtained in the on-going recorded conversations. Through Schar's hard work, crimes were uncovered related to the attempted selling of the United States Senate seat, and the Blagojevich-led shakedown of a children's hospital and two individual contributors. Ultimately, Blagojevich, then the sitting governor of the State of Illinois, was arrested on December 9, 2008, along with his chief of staff, John Harris.
In August 10, 2010, the jury convicted Blagojevich of making a false statement to the FBI, but was hung on all other charges. The second trial began in April 2011 and lasted until June of 2011. Blagojevich testified in the second trial, and Schar cross-examined Blagojevich. Blagojevich was found guilty of multiple counts of wire fraud, extortion, and bribery related to his efforts to sell the United States Senate seat for financial gain, shaking down a children's hospital, and shaking down a contributor in relation to then-pending legislation that would have benefitted the contributor. On December 6, 2011, Blagojevich was sentenced to 14 years in prison.
The Board considered many other outstanding nominations made by U.S. Attorneys. In recognition for the exceptional work performed by these other assistant U.S. attorneys, NAFUSA will award a plaque to each AUSA, which will be presented by the U.S. Attorney in their respective office, along with in some cases a member of NAFUSA from that district.
The other Bradford Award nominees were:
- Sherry W. Hobson, nominated by U.S. Attorney Laura E. Duffy, Southern District of California, for her work in connection with the San Diego Tunnel Task Force, which discovered, dismantled and destroyed four subterranean cross border tunnels stretching from Tijuana, Mexico to San Diego, California.
- Theodore Merritt, nominated by U.S. Attorney Carmen Ortiz, District of Massachusetts, for his work as lead prosecutor in a significant public corruption trial involving the then-Speaker of the Massachusetts House of Representatives and two of his lobbyist associates.
- K. Tate Chambers, nominated by U.S. Attorney James A. Lewis, Central District of Illinois, for his pursuing violent gangs in Peoria, violent crime in rural counties and the huge increase in meth manufacturing and distribution. Chambers had responsibility for various prosecutions, as well as working with other law enforcement and community partners to develop a violence intervention program.
- Susan Lehr, nominated by U.S. Attorney Debra R. Gilg, District of Nebraska, for her prosecutions against a well known street gang, the South Family Bloods, engaged in multi-state marijuana trafficking.
- David P. Zabel, nominated by U.S.Attorney Barry R. Grissom, District of Kansas, for his work in connection with the investigation and prosecution called Operation Camera Shy. This series of cases involved numerous prosecutions for drug activity and violent crime in certain neighborhoods in Kansas City, Kansas.
- Kimberly Sanchez, nominated by U.S. Attorney Benjamin B. Wagner, Eastern District of California, for her efforts in revitalizing the office's Project Safe Neighborhood program. This resulted in the indictment of approximately 50 illegal firearm possession cases, with most defendants being active gang members.
- Mark A. Trammel, nominated by U.S. Attorney Stephanie M. Rose, Northern District of Iowa, for his prosecution of an elementary school principal for sexual exploitation of students.
- Reynaldo P. Morin and Lisa G. Flournoy, nominated by U.S. Attorney John M. Bales, Eastern District of Texas, for their prosecution of members of the Aryan Brotherhood of Texas. The prosecution resulted in 8 convictions, including two generals, one captain, and one lieutenant of the Aryan Brotherhood of Texas.
- Ann C. Rowland, nominated by U.S. Attorney Stephen M. Dettelbach, Northern District of Ohio, for her successful investigation into widespread public corruption in Cuyahoga County, Ohio's largest county and home to the City of Cleveland. These prosecutions led to over 50 convictions, including two of the most powerful local political figures and two sitting judges.
- James B. Nobile, nominated by U.S. Attorney Paul J. Fishman, District of New Jersey, for his leadership of the special prosecutions division, which has resulted in numerous significant public corruption investigations and prosecutions in the State of New Jersey.
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John McKay Honored With Judge Learned Hand Award
 NAFUSA member and former board member John McKay has been honored by the American Jewish Committee (AJC) with its prestigious Judge Learned Hand Award.
In annoucing McKay's selection, the AJC stated:
In selecting individuals for this honor, AJC looks to those who have not only excelled at the highest professional levels, but who have imbued their work with an abiding sense of social responsibility. John has done both with dignity and integrity, and continues to make contributions to the pursuit of justice and equality. John has been on the faculty of Seattle University School of Law as Professor from Practice since 2007. He served as the U.S. Attorney for the Western District of Washington form 2001 until he resigned in 2007 with eight other United States Attorney. During his legal career he served as the President of Legal Services Corporation to ensure equal access to justice under the law for all low-income Americans and held leadershiop positions at the American Bar Association and the Washington State Bar Association (WSBA). John was named Pro Bono lawyer of the Year in 1995 by the WSBA and [along with his brother and NAFUSA past president Mike McKay] received the Charles A. Goldmark Award for Distiguinished Service for his contributions to equal access to justice for all in 2008.
McKay will be honored by the AJC at a luncheon on September 12, 2012, at the Four Seasons Hotel Seattle. The keynote speaker will be William D. Ruckelshaus, who keynoted NAFUSA's 2009 conference in Seattle.
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Marc Jimenez Joins McDermott
 NAFUSA member Marcos Daniel Jimenez has joined McDermott Will & Emery as a partner in the Miami and New York offices. Jimenez served as the United States Attorney for the Southern District of Florida from 2002 to 2005. He also served on the attorney general's advisory committee, headed the nation's largest organized crime drug enforcement task force, and chaired antiterrorism task forces in the wake of September 11. Earlier in his career he served as an assistant U.S. attorney.
Jimenez was featured in The National Law Journal's 2011 "Winning" issue and selected by the Daily Business Review as South Florida's "Most Effective Lawyer" in the category of complex business/civil litigation. He is an active community and bar leader, having chaired the Florida bar's attorney-client privilege task force and Florida's Third District Court of Appeal judicial nominating commission. He previously served on the board of trustees of Baptist Health Systems, South Florida's largest health care organization. He is currently a member of an ABA dialogue group that regularly meets with Attorney General Holder and his staff.
Born in Havana, Cuba, Jimenez is a graduate of the University of Miami School of Law.
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Bob Miller Retained By University of Colorado in Shooting Inquiry
 The University of Colorado announced on Friday, August 3, 2012, that it had retained NAFUSA member Robert N. Miller "to conduct an internal review in an effort to better understand the procedures and actions taken by the university and its employees in realtion to the suspect in the Aurora Theatre shootings, a former student on the Anschutz Medical Campus." The suspect, James Holmes, is charged with killing 12 people and wounding 58.
Miller served as United States Attorney for the District of Colorado, 1981-1988. He is a partner with Perkins Coie in their Denver office. Miller routinely conducts internal investigations and advises companies on compliance programs. For over 45 years, Miller has served as both a prosecutor and defense counsel in many complex legal matters.
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Richard Stacy Comments on Colorado Shootings
 NAFUSA member and former board member, Richard A. Stacy, had his comments regarding the Colorado shootings published by the Denver Post on August 2, 2012. In an comment entitled Has violent entertainment contributed to Colorado massacres?, Stacy writes of the potential nexus between mass murder and violent entertainment.
Stacy served as U.S. Attorney for the District of Wyoming from 1981-1994. He also served as a U.S. Administrative Law Judge in San Jose, California. He is currently retired and lives in Denver, not far from the tragic events at the Aurora Theatre.
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2012 Conference Sponsors
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National Association of Former United States Attorneys (NAFUSA).
Richard A. Rossman
Executive Director
27 Oakland Park
Pleasant Ridge, Michigan 48069
Phone: 248-548-8289
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REGISTRATION NOW OPEN FOR ATLANTA October 11-13 | | |
Cut-off date for conference rate at the W Atlanta-Downtown September 9.
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The Coca-Cola Company Joins 2012 Sponsors
With 146,200 worldwide employees and 126 years in business, one of America's greatest companies has joined the list of NAFUSA's 2012 sponsors with a contribution of $7,000 towards the success of the Atlanta conference.
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