National Association of Former United States Attorneys
September 2012

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).
Atlanta Conference Begins in Five Weeks

If you haven't registered for Atlanta, please click on the registration button to the right and do so today. The deadline for the group rate at the W Atlanta Downtown is September 11, only one week away.

Rick Deane As NAFUSA President Rick Deane says:

Bob Barr, Joe Whitley, Kent Alexander and I all look forward to hosting everyone in Atlanta in October.  The conference will continue in the vein of what has come to be expected of NAFUSA: strong program content with outstanding presenters along with interesting and fun social outings.  The immigration panel in particular will be balanced and thought provoking and John Doar will cause us to reflect on the Department at its finest. Our committee looks forward to seeing y'all in Atlanta!

Charlie Savage Pulitzer Prize winning reporter Charlie Savage, of The New York Times will be with us for the third year in a row moderating the panel of immigration issues. Charlie says:

Immigration enforcement is one of the most complex and contentious areas today at the intersection of law, policy and politics. From recent court rulings about the crackdowns in Arizona and Alabama to the Obama administration's policy of granting relief from deportation to people who were brought to the United States illegally as children, there will be much for the panel to dig into at this year's NAFUSA conference.

Jay Stephens NAFUSA President-Elect Jay Stephens will moderate the panel on corporate internal investigations and says:

In an environment of aggressive regulatory enforcement and enhanced business compliance initiatives, the 'internal investigation' has become a critical tool to assist in resolving complex disputes and shaping management's response to compliance concerns.  Our panel of highly accomplished players from government, industry, and private practice promises to generate some fascinating perspectives about the judgments, constraints, and relationships that shape the conduct and impact of an effective internal investigation.

Click on the link 2012 NAFUSA Conference for full details of the Atlanta program, including speaker bios and a list of sponsors.
Chris Christie Delivers GOP Keynote 

Chris Christie
NAFUSA member Chris Christie, governor of New Jersey, was the keynote speaker for the Republican national convention held in Tampa late August.

Governor Christie, shown above speaking at the 2010 NAFUSA conference in New York, served as United States Attorney for the District of New Jersey, 2001-2008, and as governor of New Jersey since 2010.

Huff Post Politics writes:

The keynote speech is the highest profile spot for someone not accepting the party's presidential or vice presidential nominations. The slot has launched many political figures, most notably a little-known state senator from Illinois named Barack Obama in 2004.
Four years later, he won the White House.

For a colorful feature article on Governor Christie's week in Tampa, see
It's Not All Him, He Said Often , which appeared in the Sunday, September 2, 2012, Sunday Styles section of The New York Times.
Dick Thornburgh Tesifies Before Senate Foreign Relations Committee

Dick ThornburghNAFUSA member Dick Thornburgh testified before the Foreign Relations Committee of the United States Senate on July 12, 2012, in favor of the ratification of the Convention on the Rights of Persons with Disabilities "as an important component of the worldwide effort to end discrimination and to promote the rights of as many as one billion men, women and children with disabilities around the world who seek vindication of their pre-eminent human rights in an ever-challenging world."


Thornburgh served as attorney general of the United States under two presidents. He also served as the governor of Pennsylvania, 1979-1987, assistant attorney general for the criminal division, 1975-1977, the United States Attorney for the Western District of Pennsylvania, 1969-1975, and under-secretary general of the United Nations, 1992-1993. He is currently counsel to K&L Gates in Washington.



Herb Stern's New Book on Sale

Herb SternNAFUSA member Herbert J. Stern has authored a new book Diary of a DA: The True Story of the Prosecutor Who Took on the Mob, Fought Corruption, and Won (Skyhorse Publishing, September 2012).


The book, just out this week. is already earning a number of positive reviews. In a book review in The Star Ledger, the largest newspaper in New Jersey, Richard Aregood writes:

Herb Stern knows better than anybody. As U.S. attorney, he led a series of prosecutions in the late 1960s and early 1970s that ended in criminal convictions for the mayors of Jersey City, Newark and Atlantic City, along with a congressman and what seemed at the time to be half the politicians in the state, exposing some as being wholly owned subsidiaries of the mob. All of this was done despite the fierce opposition of powerful state officials, as well as the Nixon Justice Department's preference for silly political prosecutions such as that of the "Camden 28."

Jeffrey Toobin writes:

Herbert J. Stern- prosecutor, judge and advocate- is a legend in American law, and this extraordinary memoir tells the story of how  he became one.

Judge Stern served as the U.S. Attorney for the District of New Jersey 1971-1974. In 1962-1965, he served as an assistant district attorney in Manhattan, participating in the investigation of the assassination of Malcolm X. He also served in the Organized Crime and Racketeering Section of the U.S. Department of Justice. He was appointed by President Nixon to serve on the U.S. District Court in the district of New Jersey, serving from 1974-1987. He has authored several books on trial advocacy and Judgment in Berlin, later made into a film.


Judge Stern is a partner and founding member of Stern & Kilcullen. He earned his J.D. from the Universtiy of Chicago Law School.

Hyde Amendment Draws Attention from Former U.S. Attorneys

After a Miami doctor was unsuccessfully prosecuted in a drug case, his petition for legal fees under the Hyde Amendment was granted by the district court. The Eleventh Circuit, however, reversed and held that the prosecution was "objectively reasonable." The doctor has applied to the U.S. Supreme Court for a writ of certiorari.


On August 9, 2012, a coalititon of more than 50 former federal judges, federal proscutors and members of Congress filed an amicus brief on behalf of the doctor attacking the the appellate decision which held that monetary fees are only available under the the Hyde Amendment in situations in which a prosecution itself is deemed unreasonable.


Read a full report in The BLT: The Blog of Legal Times, which includes a link to the amicus brief with a full list of the amici, including many members of NAFUSA.


John Richter Rejoins King & Spalding



John RichterNAFUSA member John C. Richter, formerly vice president and deputy general counsel at WellCare Health Plans, Inc., is rejoining King & Spalding as a partner in its special matters and government investigations practice in Washington, D.C., effective September 4, 2012. Richter will focus primarily on health care investigations and qui tam cases.


Richter's return to King & Spalding follows his two-year stint at WellCare supervising litigation, internal investigations and business contracting at the $6 billion provider of managed care services targeted to government-sponsored health care programs. At WellCare, he led the successful resolution of enterprise-threatening criminal and civil matters the company had been facing.


Richter served as the U.S. Attorney for the Western District of Oklahoma, 2005-2009, and the acting assistant attorney general for the Criminal Division at the U.S. Department of Justice. In 2009, he received the U.S. Department of Health and Human Services' Inspector General's Award for Combating Medicare and Medicaid Fraud.


Richter also served as an assistant U.S. attorney in Georgia and Oklahoma, where he investigated and prosecuted white collar and public corruption cases. He also served as an assistant district attorney in Georgia. While at King & Spalding's Atlanta office from 1994 to 1998, Richter represented individual and institutional clients in securities and other commercial litigation matters. He is a graduate of the University of Virginia School of Law.


King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 800 lawyers in 17 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents.


Coffey Urges Recent Law Grads to Look to Middle Class



Kendall CoffeyIn an article published by The National Law Journal on August 15, 2012, NAFUSA member Kendall Coffey urges recent law graduates to consider the tens of millions of Americans who need attorneys. In Underserved middle class could sustain underemployed law graduates, Coffey argues that a pratice representing the middle class could result in a decent living for young lawyers.

The reality is that with prudent office economics, recent law graduates could earn decent compensation and launch successful practices, with the opportunity to continue to earn more. Rather than work for a law  firm at high rates, of which two thirds goes to the employer, new  lawyers could charge much lower rates and keep the earnings for themselves. Rates of between $50 and $125 per hour would make new  lawyers affordable to the middle class while providing the lawyers with enough income to succeed.

Coffey adds that law schools would have to revise their curricula and more clinics are needed to provide supervision and legal experience.


Coffey is a founding member of Coffey Burlington, PL, concentrating on complex litigation, He serves as the chair of the Southern District Conference, Florida Federal Judicial Nominating Commission. He served as the U.S. Attorney for the Southern Distict of Florida from 1993-1996. He has authored two books and over three dozen articles. He is an adjunct professor of law at the University of Miami School of Law and the Florida International University School of Law.


Alabama 41 Michigan 14


Cowboy Stadium

 A group of NAFUSA board members held an "executive retreat " when Hal Hardin and Dallas resident Susan Adzick hosted a Texas style weekend at Susan's home over the Labor Day weekend. The prime event was the "Cowboy Classic", the kickoff of the college football season at Cowboy Stadium.


Much to Rich Rossman's dismay and despair, the defending national champion Alabama team lived up to its "Roll Tide" reputation, handing Michigan (soon to lose its preseason top ten ranking) its worse opening day loss ever.


In the photo above, Rich shows he is a good sport congratulating Bama fans Kathy Collier Selden and Jack Selden on the victory. Somehow Longhorn fan Ron Woods snuck into the game. Michigan fan Rick Deane texted his disappointment to Rich during the game. Doug Jones called Jack and urged the Tide to continue to roll.


Below we see the remainder of the NAFUSA block at the game: hostess Susan Aldzick, host Hal Hardin (both Vanderbilt fans), Patty Woods (LSU fan) and Patty Rossman (party fan and Michigan booster). When Alabama rolled up a 31-0 lead in the first half, this group spent the remainder of the game in the bar.


Bubble Bar 



 Chef Chamberlain                                                                
On Friday evening, Matt and Melissa Orwig joined the "retreat" at a cocktail reception at Susan's home, catered by Chef Richard Chamberlain, shown left, one of America's leading chefs.


2012 Conference Sponsors
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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 Four Additional Sponsors for Atlanta
Deloitte logo
As a $5000 sponsor, with over 45,000 professionals in the U.S., Deloitte works in four key business areas: audit, financial advisory, tax and consulting.
PwC logo 
As a $5000 sponsor, with 160,000 people, PwC focuses on audit and assurance, tax and advisory services.
Fulbright logo 
NAFUSA members and Fulbright partners Bill Leone and Don DeGabrielle have added their firm as a $2500 sponsor.
Trial Graphix logo 
TrialGraphix is a litigation consulting firm specializing in jury consulting, graphic design, presentation technologies, and trial preparation solutions. They will provide, as an in kind contribution, the conference graphics for Atlanta.