NAFUSA Update
May 2013
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).
  
Mary Jo White Confirmed To Head SEC
  
Mary Jo WhiteOn April 8, 2013, the Senate confirmed NAFUSA member Mary Jo White as chair of the U.S. Securities and Exchange Commission. White served as the United States Attorney for the Southern District of New York 1993-2002. She was approved by the Senate through a unanimous consent motion after facing little opposition through the confirmation process. White, a partner at Debevoise & Plimpton, was named on March 25, 2013, one of "The Most Influential Lawyers in America" by the National Law Journal.
Don Stern Joins Affiliated Monitors

Don Stern AMI photo Affiliated Monitors, Inc.,NAFUSA's newest sponsor, has announced the addition of NAFUSA President Elect Donald K. Stern, former United States Attorney for the District of Massachusetts and former Chief Legal Counsel to Governor Michael S. Dukakis, as Managing Director, Corporate Monitoring and Consulting Services, effective May 1, 2013.  In this new role, Stern will oversee the company's corporate monitoring programs across a spectrum of industries:  healthcare, financial services, environmental and others.  He will continue his law work on internal investigations, white collar defense and  commercial litigation at business litigation boutique Yurko, Salvesen & Remz, P.C. (YSR), where he has become Of Counsel to the firm.

 

Affiliated Monitors, based in Boston, has joined NAFUSA as a 2013 sponsor at the $5000 level. It is the first company of its kind to provide businesses and government agencies with independent, proactive and remedial solutions to specific regulatory and contractual issues.

 

Stern has most recently been senior counsel in the litigation department and a member of the Boston office of Cooley LLP.  His practice focused on internal investigations, white collar defense work and business litigation.  He represented companies and individuals in complex civil, criminal and regulatory matters as well as clients in grand jury and civil enforcement investigations involving allegations of securities fraud, healthcare fraud, foreign corrupt practices, political corruption, insurance fraud and antitrust violations.

 

In addition to serving as the  U.S. Attorney for the District of Massachusetts,1993-2001,  Stern served as the chief legal counsel to Governor Michael S. Dukakis.  He advised the governor on a range of legal and policy issues and was a liaison between state and federal criminal justice agencies and the state judiciary.  He also spent seven years as an Assistant Attorney General under Massachusetts Attorney General Francis X. Bellotti, where he held several positions, including Chief of the Government Bureau.

 

He is currently co-chair of the American Bar Association/Department of Justice White Collar Liaison Committee, and a liaison to the American Bar Association's Task Force on Corporate Monitors.  He was an advisor to President Barack Obama's transition team for the Justice Department. He will become president of NAFUSA at the fall conference in Washington.

 

Stern was on the faculty of Boston College Law School, where he directed the civil and criminal law clinics.  More recently he taught the popular Government Lawyer course at Harvard Law School. He received his  J.D. from Georgetown University Law Center. He received an honorary LL.D. from the New England School of Law in 1997.  He is an Executive Fellow at the Bentley University Center for Business Ethics.

 

Affiliated Monitors, founded in 2004, is the first company in the country to focus on providing top quality, independent monitoring services across a wide range of regulated industries and professions.  It provides businesses and government agencies with independent, proactive and remedial solutions to specific regulatory and contractual issues. The website for more information is  http://www.affiliatedmonitors.com.

 

Yurko, Salvesen & Remz, P.C. is a boutique business litigation law firm based in Boston that was founded in 1995. YSR helps clients in a broad range of industries to resolve complex business disputes in areas including real estate, securities, shareholder and partner disputes, professional and fiduciary liability matters, business transactions and contract disputes, and employment litigation. It serves corporations and other business organizations of all sizes, investors, business executives, officers, directors, law firms, partnerships, and lenders, as well as non-profit organizations.

 

 

 

Sequester Expected To Cut $100 Million From U.S. Attorney Community
  

On April 3, 2013, we asked the Department of Justice to assess the impact of sequestration on the U.S. Attorney community. A DOJ spokesperson replied:

Notice of proposed furloughs have gone to nearly all DOJ employees (approximately 115,000). The House Democrats posted a version here: The House Democrats posted a version here.  

 

With the sequester underway, the Department will need to absorb a $1.6 billion cut, which is effectively a 9% cut in the remaining months of the fiscal year. The sequestration, as it currently stands, would cut approximately $100 million from the current budget for the entire U.S. Attorney Community, affecting every District and reducing the number of cases they can prosecute. The Justice Department anticipates U.S. Attorneys' Offices will handle 1,600 fewer civil cases and 1,000 fewer criminal cases. Fewer affirmative civil and criminal cases will affect our ability to ensure that justice is served and impact funds owed to the government.

Department of Justice components are expected to carefully consider how to prioritize available resources to minimize the impact of sequestration on the Department's ability to carry out essential functions. Employees have been provided a notice of possible furlough, which is required at least 30 days, or in some cases 60 days, before any furloughs are implemented. If a furlough decision is certain, the employee will receive the required decision notice. Managers will follow up with each affected employee on specific scheduling details.

The Department is still finalizing sequestration plans and will reassess impacts when final funding levels become available.

 

 

 

On April 24, 2013, the Attorney General announced that the Department will not need to furlough employees this fiscal year after all, thanks to some moves from Congress and cost-cutting measures. But Holder warned that "few of the extraordinary actions" the agency is now taking to avoid furloughs will be available next year, making furloughs "a distinct possibility at the beginning of next fiscal year if sequestration levels continue."

Tennessee NAFUSA Members Retained in Pilot Flying J Case


Tom Dillard Federal allegations of multi-million dollar fraud have reached to the top of Pilot Flying J, the nation's largest truck-stop operator. The Knoxville-based company is majority-owned and controlled by the family of Gov. Bill Haslam. The allegations suggest that the truck-stop chain may have deliberately cheated its customers on rebates they were supposed to have earned on diesel-fuel purchases. Jimmy Haslam, the chief executive officer of Pilot Flying J, and the governor's brother, is also the owner of the Cleveland Browns.

 

NAFUSA members Tom Dillard, Ed Yarbrough and Hal Hardin are representing some of the Pilot Flying J officials in the ongoing federal investigation. Dillard, shown above, served as the United States Attorney for the Eastern District of Tennessee in 1981 and the Northern District of Florida, 1983-1987. He also served as a United States Magistrate in the ED of Tennessee, 1976-1978. He is a partner in the Knoxville firm of Ritchie, Dillard, Davies & Johnson, PC.

 


Ed Yarbrough Ed Yarbrough, shown right, served as the United States Attorney for the Middle District of Tennessee, 2007-2010. He is a partner in the Nashville firm of Walker Tipps and Malone, PLC.

 

Hal Hardin NAFUSA board member Hal Hardin, shown below, served as the United States Attorney for the Middle District of Tennessee, 1977-1981. He currently practices in Nashville. 

 

Asa Hutchinson Co-Chairs Nonpartisan Torture Review

Asa Hutchinson The Constitution Project, a Washington based non-profit think tank that builds bipartisan consensus on significant constitutional and legal questions, in 2010 convened an 11-member panel to conduct a nonpartisan, independent review of interrogation and detention programs in the years following 9/11. Today the panel, co-chaired by NAFUSA member Asa Hutchinson, shown above, and James R. Jones, released its 577-page report which concludes that "it is indisputable that the United States engaged in the practice of torture" and that responsibility ultimately lies with the nation's highest officials.

 

In the April 16, 2013, New York Times, Scott Shane writes:

 

Mr. Hutchinson, who served in the Bush administration 

as chief of the Drug Enforcement Administration and under secretary of the Department of Homeland Security, said that he "took convincing'"on the torture issue. But after the panel's nearly two years of research, he said he had no doubts about what the United States did. "This has not been an easy inquiry for me, because I know many of the players,"Mr. Hutchinson said in an interview. He said he thought everyone involved in the decisions, from Mr. Bush down had acted in good faith, in a desperate effort to try to prevent more attacks.

 

"But I just think we learn from history," Mr. Hutchinson said. "It's incredibly important to have an accurate account not just of what happened but of how decisions were made."

 

He added, "The United States has a historic and unique character, and part of that character is that we do not torture."

 

Hutchinson served as the United States Attorney for the Western District of Arkansas 1982-1985 and in the U.S. House of Representatives. Panel Co-Chair James J. Jones also served in Congress. Another member of the Task Force on Detainee Treatment is NAFUSA member William S. Sessions, a former director of the FBI, who has also served as a federal judge and as the U.S. Attorney for the Western District of Texas 1971-1974.

 

Click here: Constitution Project's Report on Detainee Treatment.

 

 

Joe Whitley Appointed To The Atlanta Police Foundation's Board of Directors

Joe Whitely photo Joe D. Whitley, a member of NAFUSA's board of directors, has been sworn in as a member of the Atlanta Police Foundation board of directors. In addition, Whitley received his official badge as an honorary deputy chief with the Atlanta Police Department. The Atlanta Police Foundation is a public/private partnership focused on advancing public safety in Atlanta, in collaboration with the City of Atlanta, the Atlanta Police Department and the business community.

 

Whitley is also co-chair (along with Robert E. Gallagher of PwC, one of NAFUSA's 2013 sponsors) of Georgia's Institute of Continuing Legal Education annual International Business Crimes: Foreign Corrupt Practices Act (FCPA), Criminal Antitrust and Export Controls conference which will be held in Atlanta on June 6, 2013. Click here for more details and to register.

 

Whitley served as the United States Attorney for both the middle and northern districts of Georgia. He was also the first general counsel of the Department of Homeland Security and served as the acting associate attorney general. He is currently a shareholder of Greenberg Traurig, and chair of the firm's Atlanta white collar practice.

 

 

Judge William T. Moore Jr. Profiled
  

Judge William T. Moore Jr.The April issue of The Federal Lawyer profiled William T. Moore Jr., U.S.District Judge, Southern District of Georgia. Judge Moore, is known as "Willie" to former United States Attorneys who served with him in the Carter Administration. Judge Moore served as U.S. Attorney for the SD of Georgia 1977-1981. He was appointed to the district court by President Clinton in 1994. He served as chief judge from 2004 to 2010, and remains as an active judge. Judge Moore also had an impressive athletic career, inlcluding the distinction of having played varsity baseball for the University of Georgia while attending his first year of law school.

  
John McKay To Consult For The State Department in The West Bank

NAFUSA member John McKay, who served as the United States Attorney for the Western District of Washington, 2001-2007, will be moving to Ramallah in the West Bank on June 1, 2013, to take a two year job consulting for the State Dept. in the West Bank coordinating our Rule of Law initiatives there.  These programs are in support of the Palestinian courts, prosecutors and police and McKay will be the chief of the team responsible for liaising with the courts and other justice institutions as well as State Dept. officials in Jerusalem.

 

2013 Sponsors
  
  Logos
JAMS logo Affiliated Monitors logo  
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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In This Issue
Mary Jo White Confirmed
Don Stern Joins Affiliated Monitors
Sequester News
Pilot Flying J Case
Asa Hutchinson Co-Chairs Torture Review
Joe Whitley Appointed To Police Foundation
Judge Moore Profiled
Washington, DC to Host 2013 Conference
US Capitol The 2013 conference will be held on September 26-28, 2013, at the J.W. Marriott in Washington, DC. Festivities will begin with a cocktail reception on the Jones Day rooftop overlooking the Capitol, and concluding with a banquet on Saturday evening. Details to be announced soon.