NAFUSA Update
 October 2014


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).
  

Boston Conference Next Week
 
Registration remains open for the NAFUSA annual conference to be held in Boston on October 9-12, 2014 at the Fairmont Copley Plaza.
 
Fairmont Copley Plaza

NAFUSA members may register by clicking on the registration link below. Unfortunately, the Copley is sold out but rooms are available at nearby hotels. Click here to view the Boston Program. A full list of Boston conference speakers and their bios can be found on the nafusa.org website under "conferences". 


 
NAFUSA members: click here to register 

 

 

Registrants may check in at our registration desk on Thursday afternoon, from 1:00 to 4:00 PM at the Fairmont Copley Plaza. You can pick up your registration packet, which will include name tags, program booklet and CLE certification for members. Registration will continue on Friday morning outside the meeting room. Golfers will be bused from the Copley to the Belmont Country Club at 7 AM on Thursday morning.

 

We will gather at 6:00 PM on Thursday in the Oval and Venetian Rooms for a cocktail reception honoring Bob Mueller and sponsored by Ernst & Young. There will be plenty to eat and drink, so there should be no need for dinner.  


 

The CLE programs will take place on Friday and Saturday mornings. Continental breakfast will be available outside the meeting room beginning at 7:30 AM on Friday and 8 AM on Saturday. The programs will begin at 8 AM on Friday and 8:30 AM on Saturday. Spouses and guests are welcome to join Erica Stern in the St. James Room for a Friday breakfast from 8:00-10:00 AM on Friday.


Friday afternoon will feature a luncheon cruise on Boston Harbor. Buses will transport us from the Copley to the boat shortly after the close of the CLE program. The cruise is scheduled for 1:45-4:00 PM. We only have room for 150. The traditional class dinners will take place on Friday evening at offsite venues. 


On Saturday afternoon, there is an optional tour of Fenway Park, and bus transportation will be provide to Fenway, but not the return. The tour is one hour, from 1:30-2:30 PM. Lunch is on your own, but we will make suggestions of beer and hot dog places next to the stadium. The rest of the afternoon is free time, with the evening cocktail reception and dinner beginning at 6 PM at the hotel. There will be a hospitality suite on Friday and Saturday evenings. 


Ed Davis The conference will close on Saturday evening with a closing reception and dinner. The keynote speaker will be Edward F. Davis, former Boston Police Department Commissioner who will speak on "Lessons Learned from the Boston Marathon Bombing."  

 

 

 

 

 

 

Gay, Minish & Sanders Named Bradford Award Winners

Steve Sanders, John Gay & Joe Minish
Steve Sanders, John Gay and Joseph Minish

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 Greg Vega. Its members included Ed Dowd, Catherine Hanaway, Don Washington, Bart Daniel, Bob Cleary and Rich Rossman. This year, the Board voted to give the award to John Gay, Joseph Minish and Steven Sanders, from the District of New Jersey, nominated by United States Attorney Paul Fishman for their outstanding work in the case United States v. Paul Bergrin.


 

For nearly a decade, Paul Bergrin, a former assistant Essex County Prosecutor and former  AUSA for the District of New Jersey, used his law practice to operate a criminal enterprise brokering narcotics deals, distributing drugs, operating a brothel owned by a client, tampering with witnesses, and conspiring to murder witnesses testifying against his clients.   In 2009, after a five-year investigation, the grand jury returned an indictment charging Bergrin with using his law practice as an association-in-fact enterprise to commit racketeering acts, including murdering and conspiring to murder witnesses.  The case was vigorously litigated with the Judge dismissing the RICO count stating that it failed to plead a viable offense.  That ruling was appealed to the Third Circuit which reversed the dismissal and remanded the case for trial.  The Judge remained hostile to the Government's case and severed two substantive counts relating to a murder, and ordered the Government to try the severed counts first.

 

Among other obstacles, the Judge excluded certain evidence, resulting in the jury's inability to reach a verdict resulting in a mistrial.  Upon retrial, the Judge made more evidentiary rulings against the Government and severed remaining counts prior to retrial of the murder counts. The Government again appealed the Judge's evidentiary rulings and also sought permission to have the case assigned to a new Judge.  The Third Circuit held that the Judge had erroneously excluded certain Rule 404(b) evidence and concluded a reasonable observer could question the judge's impartiality.  The Circuit ordered the case be reassigned  and directed the new judge to reconsider whether any severance was necessary.  The new judge ordered all counts be tried together.   At trial, the Government presented evidence that Bergrin was involved in subornation of perjury; involved  with a 2004 murder;  attempted to hire a hit-man to murder witnesses;  and 54 kilograms of cocaine seized from a restaurant he jointly owned with his girlfriend.  The Government called 42 witnesses (some in protective custody) and introduced over 1,000 exhibits.


 

Bergin represented himself at trial, but was also assisted  by a prominent defense team that filed daily motions that required briefing and argument by the prosecution team.  The trial team exhibited hard work, cogent legal arguments, skillful presentation of evidence and persuasive advocacy.  After three days of deliberation, the  jury returned guilty verdicts on all 23 counts  and found the Government to have proved every RICO predicate act alleged in the indictment.   The Court imposed  concurrent life sentences on Bergrin. Despite facing numerous obstacles, the team remained focused in the finest tradition and represented the Government in the finest tradition.

 

The other nominees were:

 

Christopher Bodnar and Sean Costello, nominated by United States Attorney Kenyen Ray Brown, SD of Alabama, for their work on Operation Measured Bold, a massive multi-agency international terrorism case.

 

Bridget M. Brennan, nominated by United States Attorney Steven M. Dettelbach, ND of Ohio, for her in prosecution of of the hate crimes case involving religiously-motivated assaults against the Amish, prosecution of one of the largest credit union cases and prosecution of a religiously motivated arson case involving the Islamic Center for Greater Toledo.

 

Jay R. Combs, nominated by United States Attorney John Malcolm Bales, ED of Texas, for his work in prosecuting and investigating a significant drug trafficking organization.

 

Bonnie Jonas, nominated by United States Attorney Preet Bharara, SD of New York, for her work in significant high impact white collar cases, including Aurora Foods, WorldCom, Royal Ahold, Olympus, Deutsche Bank and Toyota.

 

Melanie K. Pierson, nominated by United States Attorney Laura E. Duffy, SD of California, for her work in protecting the environment from various threats.

 

Christopher D. Poole, nominated by United States Attorney William C. Killian, ED of Tennessee, for his work in leading an investigation targeting gang members in Chattanooga in Operation Shutdown.

 

Stephen M. "Mark" McIntyre, nominated by United States Attorney Kenneth Magidson, SD of Texas, for his successful prosecution of Weatherford International Limited for violation of export control laws.

 

Steven Myhre and Jim Keller, nominated by United States Attorney Daniel G. Bogden, Nevada, for their work in prosecuting Young and Willard for complex securities fraud in the futures market (FOREX).

 

Matthew D. Segal, nominated by United States Attorney Benjamin B.

Wagner, ED of California, for prosecution of complex and significant white collar cases, including the CEO of a major food processor.

 

 

 

 

Whitely Moves to Baker Donelson

On September 2, 2014, Baker Donelson announced the addition of NAFUSA member Joe D. Whitley and Jason R. Edgecombe to the Firm's Government Regulatory Actions Group.

 

Whitley joins Baker Donelson as chair of the Firm's White Collar Practice and a shareholder in Baker Donelson's Atlanta and Washington offices, where he represents clients nationally and internationally in white collar criminal matters and regulatory enforcement, corporate internal investigations, Foreign Corrupt Practices Act (FCPA) and U.S. export controls and compliance. He also advises on corporate compliance, health care fraud and FDA-related matters. Whitley has had a wide-ranging career in the Department of Justice, having served as the Acting Associate Attorney General during the George H.W. Bush administration, and being appointed by Presidents Reagan and Bush, respectively, to serve as the United States Attorney in the Middle and Northern Districts of Georgia.  In 2003, he was appointed by George W. Bush as the first General Counsel of the United States Department of Homeland Security and served in that position for two years before returning to private practice.

 

A frequent speaker and lecturer on white collar, compliance and corporate governance issues, Whitley has been recognized in The Best Lawyers in America since 2001 in the area of Administrative/Regulatory Law and in Chambers USA since 2014 in the area of White-Collar Crime and Government Investigations. He has also been listed in Georgia Super Lawyers since 2010 and in Washington, D.C. Super Lawyers since 2012. Whitley is an active member of the American Bar Association and currently chairs the ABA's Administrative Law and Regulatory Practice Section, and is a member of the Criminal Justice Section.

 

"Mr. Whitley and Mr. Edgecombe are respected practitioners in the area of white collar criminal matters and government investigations," said Gary C. Shockley, leader of Baker Donelson's Government Regulatory Actions Group. "Joe's extensive legal practice and background in public service and Jason's experience with internal investigations make them excellent additions to our team.  I am pleased Joe will be our new leader as chair of the Firm's White Collar Group."

 

Whitley called his move to Baker Donelson a great opportunity. "Baker Donelson has a wonderful Southern footprint," he said. The firm, based in Memphis, has 700 lawyers, mostly in the Southeast, Texas and Florida. Whitley said the firm's institutional clients, particularly in health care, were a draw. "The firm has a large presence in Nashville, the epicenter of health care in the United States, which was an important factor in my decision," Whitley said.

 


 

Rossman Profiled by Detroit Legal News


NAFUSA Executive Director Rich Rossman is one of the organizers of the James K. Robinson Scholarship Event which was held on Friday, September 26 at the London Chop House in Detroit. The purpose of the event was to raise additional funds for the endowed scholarship that Robinson created to help students at the Wayne State Law School, where Robinson, a past president of NAFUSA, had served as dean. Robinson passed away in 2010 after a three year bout with cancer.

 

On September 8, 2014, the Detroit Legal News profiled Rossman's career. He served as Robinson's chief assistant when Jim was the United States Attorney in Detroit (1977-1980). Rich then succeeded Jim in 1980. Rossman followed Robinson to Washington and served as Jim's chief of staff in the Criminal Division, 1998-1999.

 

The Legal News points out that Rossman will be attending his 50th law school reunion this fall at The University of Michigan Law School and will be among the 50 year honorees at the Michigan State Bar Association the following weekend in Grand Rapids. In a year of 50s, Rich and Patty will celebrate their 50th wedding anniversary in January.

 

 Click here to read about Rich's career: Remembrance: Head of U.S. Attorneys helps pay tribute to late dean. 

 

 

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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