August 2015

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).
Register for Scottsdale Conference


Registration is open for the NAFUSA Scottsdale conference to be held at The Phoenician October 15-18, 2015. Invitations have been emailed to NAFUSA members and sponsors. President Matt Orwig promises an exciting and informative CLE program, as well as great social events.



Planning is in the early stages, but the conference will open on Thursday evening, October 15, with a cocktail reception at the Joake Inn at The Phoenician. 


Golf will be available Thursday morning. Friday and Saturday mornings will feature CLE programs, with a luncheon and event to be named on Friday. The conference will close on Saturdayevening with a banquet and business meeting 


NAFUSA has a limited number of hotel rooms at The Phoenician at a conference rate of $325 a night. At last count, only four rooms remain available on Wednesday night, if you wish to come in for Thursday morning golf. The conference rate is available three days prior and three days after, assuming availability. Please make your hotel reservation with your conference registration, through the link provided on the NAFUSA registration form. The special rate will only be available until September 14, 2015- only six weeks away. It is prudent to register early. 



Jeffrey Toobin To Speak in Scottsdale


Jeffrey Toobin
NAFUSA President Matt Orwig has announced that Jeffrey Toobin will speak in Scottsdale on the state of the United States Supreme Court.



Jeffrey Toobin, a staff writer for The New Yorker and senior analyst for CNN, is one of the most recognized and admired legal journalists in the country. His most recent book, The Oath: The Obama White House and the Supreme Court, was published by Doubleday in 2012 and was a New York Times best-seller. The Oath followed The Nine: Inside the Secret World of the Supreme Court, which was also a best-seller and earned the 2008 J. Anthony Lukas Prize for Nonfiction from the Columbia Graduate School of Journalism and the Nieman Foundation for Journalism at Harvard University. He is currently at work on a book about the kidnapping of Patricia Hearst.


Toobin, who is also a noted lecturer, has written several other critically acclaimed, best-selling books including A Vast Conspiracy: The Real Story of the Sex Scandal that Nearly Brought Down a President; The Run of His Life: The People v. O.J. Simpson; and Too Close to Call: The 36-Day Battle to Decide the 2000 Election.


Previously, Toobin served as an assistant U.S. attorney in Brooklyn. He also served as an associate counsel in the Office of Independent Counsel Lawrence E. Walsh, an experience that provided the basis for his first book, Opening Arguments: A Young Lawyer's First Case-United States v. Oliver North.


Toobin earned his bachelor's degree from Harvard College and graduated magna cum laude from Harvard Law School where he was an editor of the Harvard Law Review.



Margolis 50th Recognition Continues

David Margolis
Photo by Katherine Frey/The Washington Post

On June 17,2015, the Department of Justice recognized David Margolis on his 50 years of service to the Department. See our June 23 post here: Margolis Celebrates 50 Years of Service. On July 15, The Washington Post published an article entitled David Margolis's 50 years of quips and controversies at Justice Department, writing:

Margolis is the senior-most career employee in the department and one whose tenure out-clocks that of J. Edgar Hoover, the legendary FBI director. A tall, shambling bear of a man, Margolis has been the consigliere to a succession of deputy attorneys general, with a Forrest Gump-like knack to be involved with a number of the most politically controversial issues of the department's past 25 years.

If you missed the Department's June salute to Margolis,

check out this 4 minute video.


Tinder To Retire from 7th Circuit

John Tinder NAFUSA member John Tinder has announced his retirement from the 7th Circuit Court of Appeals, effective in August.  See "Tinder departs 7th Circuit" in The Indiana Lawyer, July 29, 2015. Judge Tinder served as the United States Attorney for the Southern District of Indiana, 1984-1987, and as a federal judge for 20 years on the U.S. District Court for the Southern District of Indiana before moving to the 7th Circuit eight years ago. He will leave the bench upon completion of his final opinions which are being circulated among panel judges. He is only 65 but hasn't yet decided what is next in his impressive career. In the meantime he has registered to attend the Scottsdale conference in October.


Several NAFUSA Members Support the Smarter Sentencing Act of 2015

Tim Heaphy A bipartisan group of 16 NAFUSA members led by Tim Heaphy, shown left, have signed a letter directed to Senators Grassley and Leahy of the Senate Judiciary Committee, urging strong support for the Smarter Sentencing Act of 2015.



The letter, dated July 16, 2015, begins:

As former United States Attorneys and officials of the United States Department of Justice in both Democratic and Republican administrations, we share a lifelong commitment to enhancing the effectiveness of the American criminal justice system. That shared commitment leads us to speak out in favor of specific proposals to improve the system within which we have worked for so long. Today we write in strong support the Smarter Sentencing Act of 2015, which would if passed make the federal criminal justice system both more just and more effective.

Click here to view letter and list of 16 signatories


Bob Miller Case to be Featured on the Discovery Channel

Bob Miller photo NAFUSA Board Member Bob Miller, shown right, prosecuted a case in the 70s which involved serial murders (18 in all) committed across the United States by a nomadic family. Miller authored a book about the case ("Death Roads"- still available online). On August 4, 2015, Investigation Discovery will air a film about Miller's case, entitled "Highway to Hell". The family lived in a car traveling across the country robbing, kidnapping, raping and killing young women who worked in convenience stores.


Troy Eid Analyzes Federal Narcotics Laws v Tribal Sovereignty

Troy Eid In an article published July 20, 2015, in Law 360, NAFUSA member Troy Eid, shown left, discusses issues surrounding the recent federal criminal raids of marijuana production on the Alturas Indian Rancheria and the Pit River XL Ranch Reservation in Northeastern California which seized at least 12,000 marijuana plants and 100 pounds of processed marijuana.







Eid writes:

A high-profile criminal investigation of two marijuana cultivation facilities on Native American lands in California is a reminder that despite recent U.S. Department of Justice assurances of possible prosecutorial forbearance, tribes considering violating the federal drug laws-even for the sake of much-needed economic development-may do so at their peril.

Click here to read the entire article:  Law360 - Federal Narcotics Laws Can Still Trump Tribal Sovereignty.


Troy Eid is the former U.S. Attorney for the District of Colorado and is a shareholder in Greenberg Traurig's Denver office and co-chairman of he firm's American Indian law practice group. He previously chaired the Indian Law and Order Commission and currently serves on the Tribal Issues Advisory Committee of the United States Sentencing Commission.



MacBride Appointed to Committee to Review Criminal Justice Act


Neil MacBride
U.S. Supreme Court Chief Justice John Roberts has named Davis Polk litigation partner Neil MacBride to the Ad Hoc Committee to Review the Criminal Justice Act (CJA).  MacBride is the only private practice lawyer to serve on the Committee, alongside federal judges, federal defenders and law professors.



The 11-member Committee, chaired by Judge Kathleen Cardone, U.S. District Court for the Western District of Texas, will review the impact of judicial involvement in the selection and compensation of federal public defenders and the independence of federal defender organizations; equal employment and diversity efforts in federal defender organizations; judicial involvement in the appointment, compensation, and management of panel attorneys, investigators, experts and other service providers; and the adequacy of compensation and quality of representation for legal services provided under the CJA.


The CJA was established in 1964 to establish a comprehensive system for appointing and compensating lawyers to represent defendants financially unable to retain counsel in federal criminal proceedings.


MacBride's practice focuses on government enforcement actions, internal investigations, congressional investigations and complex civil litigation. Before joining Davis Polk, he served as the U.S. Attorney for the Eastern District of Virginia. MacBride currently serves on the NAFUSA board of directors.



Rachel Paulose Joins DLA Piper

Rachel Paulose DLA Piper announced on June 4, 2015, that Rachel Paulose, former United States Attorney for the District of Minnesota, and NAFUSA's newest member, has joined the firm as a partner in its litigation practice in Minneapolis. She joins NAFUSA members Earl Silbert and Kathryn Keneally at DLA Piper.


Paulose comes to DLA Piper after an extensive career in public service. When she was unanimously confirmed by the United States Senate in 2006 to serve as the US Attorney for the District of Minnesota, Paulose became the first Indian American to be nominated by the President and confirmed by the Senate to serve in any federal appointment. Under her leadership, the office recorded the highest number of prosecutions in the District's history. Paulose also oversaw landmark prosecutions of white collar crime, public corruption, and violent crime trafficking cartels.


Previously, Paulose worked as senior trial counsel with the US Securities and Exchange Commission, where she investigated and litigated complex civil cases involving violations of federal securities laws, as well as coordinated prosecutions with national and international law enforcement agencies.


Prior to this role, Paulose was counselor to the Assistant US Attorney General and supervised nationwide policy development for white collar crime, healthcare fraud and national security. Before that, she was senior counsel to the Deputy US Attorney General, special counsel for Health Care Fraud, and special assistant to the Attorney General, for which she reported directly to the US Attorney General.


From 1999-2002, Paulose served as assistant U.S. Attorney for the District of Minnesota before going into private practice. She began her legal career as a law clerk for Hon. James B. Loken of the U.S. Court of Appeals for the Eighth Circuit, and thereafter joined the US Department of Justice as a US Attorney General's Honors Program trial attorney in the Voting Section of the Civil Rights Division.


"As a former AUSA, USA, and SEC attorney, Rachel has significant white collar crime and governmental investigatory credentials that will resonate with companies, particularly those in the Twin Cities that are doing business globally," said Alan Kildow, managing partner of DLA Piper's Minneapolis office.


Paulose received her J.D. from Yale Law School, where she was a Coker Fellow, and her B.A. from the University of Minnesota, where she graduated summa cum laude and Phi Beta Kappa.



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Scottsdale Conference
Please consider having your firm sponsor the Scottsdale conference, joining the 14 listed below. Sponsorships begin at $5K, which include 2 complimentary conference registrations. $10K sponsors receive 4 registrations. $15K sponsors have events named in their honor. Contact Executive Director Rich Rossman if interested.
2015 Sponsors

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Raytheon logo
Affiliated Monitors logo
Gibson Dunn logo
Steptoe logo
Perkins Coie logo
Orrick logo
Forensic Strategic Solutions
Norton Rose Fulbright
Robins Kaplan
National Association of Former United States Attorneys (NAFUSA)
P.O. Box 1524
Brighton, Michigan 48116
Richard A. Rossman
Executive Director
Phone: 248-548-8289

Lisa Rafferty
Deputy Director
Phone: 810-813-4867

John Steele
Phone: 303-416-6446