NAFUSA Update

November 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).

Greg Vega Named NAFUSA President

On October 17, 2015, at the NAFUSA annual conference in Scottsdale, Greg Vega (SD California 1999-2001) was elected president of NAFUSA by acclamation. A native of East Chicago, Indiana, Greg received his Bachelor of Science degree in Accounting from Indiana University in 1975, and his Juris Doctor degree from Valparaiso University School of Law in 1980. He was a staff member of the Valparaiso University Law Review. Greg is a member of the State Bars of California, Illinois and Indiana.

Greg began his legal career as a Trial Attorney for the Office of Chief Counsel, Internal Revenue Service in Chicago, Illinois. In that position, he tried numerous tax cases before the United States Tax Court. Greg joined the United States Attorney's Office for the Northern District of Indiana in 1983, where he handled federal jury trials including the prosecution of a 32 defendant drug distribution organization (United States v. Zambrana, et al) and judicial corruption cases (United States v. Christakis, et al). In 1987, Greg accepted an offer of employment from the United States Attorney's Office in San Diego, California where his work focused on major frauds and economic crimes.

In 1999, Greg assumed the position of United States Attorney for the Southern District of California, the seventh largest office in the nation at the time. In that position, he prioritized improving bi-national cooperation between the United States and the Republic of Mexico in attacking the Tijuana Drug Cartel. Several successes that resulted from his efforts were the first extradition of a Mexican citizen to the United States (United States v. Arturo Paez) and the arrest in Mexico of Ismael Higuera, a leader of the Tijuana Cartel. An account of the cooperation can be found in the article; New Web of Trust Topples a Mighty Mexican Cartel New York Times, Page A3, April 26, 2002.

Greg was selected by Attorney General Janet Reno to serve on the Attorney General's Advisory Committee (AGAC). Greg Co-Chaired the White Collar Crime Subcommittee of the AGAC with current Attorney General Loretta Lynch and also served on the Southwest Border Subcommittee of the AGAC.

In 2001, Greg joined the 70 attorney San Diego law firm of Seltzer Caplan McMahon Vitek where his practice focuses on Business Litigation, White Collar Criminal Defense and advising corporate clients in regulated industries. Greg served as the Independent Review Organization (IRO) for a publicly traded pharmaceutical company pursuant to a Corporate Integrity Agreement with the Department of Health and Human Services.

Greg is a past President of the Hispanic National Bar Association (1997-1998); a past member of the City of San Diego Ethics Commission (2001-2005); a past member of the Board of Directors of the National Conflict Resolution Center (2006-2014) and currently is a member of the Federal Judicial Advisory Committee of United States Senator Barbara Boxer, assisting her in making recommendations to the President for US District Judge and US Attorney positions.

Greg is married to Dr. Sue A. Farus, Ob/Gyn, and they are the parents of three adult children, Greg, Brenna & Christian. They also just recently became Grandparents for the first time with the birth of their grandson, Gregory Ricardo Vega on October 26, 2015.

Scottsdale Conference Great Success

Chuck Rosenberg and Sally Yates

NAFUSA's annual conference was held on October 15-17, 2015, at The Phoenician in Scottsdale, Arizona. The session opened on Thursday evening at with a reception sponsored by Ernst & Young and honoring David Margolis. Unfortunately, the day before the event, Margolis fell outside Main Justice and fractured his elbow. He was unable to make the trip, but the program went on and Deputy Attorney General Sally Yates and DEA Administrator Chuck Rosenberg spoke and NAFUSA presented a Washington Nationals Jersey with David's name and the number "50" representing his 50 years of service to the Department. David is recovering from his injury and promises to make it to next year's San Diego conference. In the meantime, the Nationals jersey is hanging in his office next to his Yankees "40" jersey presented by Chuck Rosenberg at the Main Justice celebration of David's 40 years at the Department in 2005.

A view from the hall

Matt Orwig

President Matt Orwig opened the two day CLE sessions on Friday morning and the group was welcomed to Arizona by John Leonardo, the U.S. Attorney for the District of Arizona. The ethics presentation was made by Marianne Jennings, Emeritus Professor of legal and ethical studies in business at Arizona State University. The morning closed with a panel discussion of "Issues in 21st Century Policing: Protecting Civil Rights and Public Safety." The Friday session closed with a lucheon featuring DAG Sally Yates.

Monty Wilkinson and Matt Orwig

On Saturday morning, Matt Orwig led a dialogue with Monty Wilkinson, Director, EOUSA, and John Walsh, Chair, AGAC. It was followed by the presentation of the Bradford Award to AUSAs Joan Hartman and Liz Geddes and the presentation of a plague to Monty Wilkinson with the names of all the past and present winners of the award, which will hang in the offices of EOUSA at Main Justice. The morning concluded with a panel discussion on "Criminal Justice Reform Proposals: How to be Tough and Smart on Crime."

Matt Orwig and Greg Vega

On Saturday night a short business meeting was held, and President Orwig thanked the directors whose three year terms have ended: Kent Alexander, Bill Leone, Ken Wainstein, Don Washington and Sharon Zealey. The following officers for 2015-2016 were elected by acclamation: President Greg Vega, President Elect Bart Daniel, Vice President Doug Jones, Secretary Terry Flynn, Treasurer Paul Coggins and Immediate Past President Matt Orwig. The new directors for the class of 2018 elected were: Greg Scott, Rich Roper, Marc Jimenez, David Barlow and Todd Jones. During the passing of the gavel, the new President Greg Vega presented outgoing President Matt Orwig with a handsome globe (Greg is shown holding a photo of the globe which was too large to bring to Scottsdale) for his office. Vega then announced the 2016 conference will be held at the Del Coronado in San Diego, October 6-9.

Jeffrey Toobin

The conference closed with an outstanding keynote address by Jeffrey Toobin on "The Supreme Court in the Age of Obama." John Clark (WD Texas 1975-1977), and one of the NAFUSA founding members, formally closed the evening with the traditional toast.

22 NAFUSA Members Join Law Enforcement Leaders to Reduce Crime & Incarceration

At a press conference in Washington on Wednesday, October 21, 2015, 130 police chiefs, current and former prosecutors, sheriffs and attorneys general from all 50 states, announced the formation of a new group, Law Enforcement Leaders to Reduce Crime and Incarceration, to push reforms to reduce incarceration and strengthen public safety. The group was organized by the Brennan Center for Justice at New York University School of Law, and includes the police chiefs from six of the largest U.S. cities, including New York, Los Angeles, Chicago, Washington, Houston and New Orleans. It also included 22 NAFUSA members, led by Walter Holton, who serves on the Steering Committee for the group. By clicking on the link above, you can see a full list of the 130 members, a Statement of Principles, and additional information. The public launch made the front page of The New York Times, Police Leaders Join Call to Cut Prison Rosters.

The group announced its priorities as follows:

"Members of the group will work within their departments as well as with policymakers to pursue reforms around four policy priorities:

Increasing alternatives to arrest and prosecution, especially mental health and drug treatment. Policies within police departments and prosecutor offices should divert people with mental health and drug addiction issues away from arrest, prosecution, and imprisonment and instead into proper treatment.
Reducing unnecessary severity of criminal laws by reclassifying some felonies to misdemeanors or removing criminal sanctions, where appropriate.
Reducing or eliminating mandatory minimum laws that require overly harsh, arbitrary sentences for crimes.
Strengthening ties between law enforcement and communities by promoting strategies that keep the public safe, improve community relations, and increase community engagement."

On Thursday, October 22, the group met at The White House with President Obama and Attorney General Lynch. The President joined a panel discussion, moderated by Bill Keller, the former Editor of The New York Times, with AGAC Chair John Walsh and Chief Charlie Beck of the Los Angeles Police Department. Click here to view a video of the conversation with the President at The White House. Walter Holton was joined at the two day session in DC by NAFUSA members Zach Carter, Rick Deane, Doug Jones, Brad Pigott, Rich Pocker, Rich Rossman and Greg Vega. Some of the NAFUSA attendees are shown below with former Attorney General Ed Meese. Other NAFUSA members who have joined the group but who were unable to attend the Washington sessions were: Ed Dowd, Bob Fiske, Hal Hardin, Tim Heaphy, Brendan Johnson, Todd Jones, Matt Orwig, Tim Purdon, William Shaheen, Don Stern, Brett Tolman, Ed Warin, Don Washington and William Wilmoth.

Walter Holton, Brad Pigott, Doug jones, Rich Rossman, Ed Meese, Greg Vega, Rich Pocker

Stern Named Independent Compliance Officer of AT&T-DIRECTV Merger

On October 23, 2015, the Federal Communications Commission announced that NAFUSA Past President Don Stern has been identified as the Independent Compliance Officer in accordance with the AT&T-DIRECTV merger condition.

On July 28, 2015, the Commission approved the applications of AT&T Inc. and DIRECTV for consent to the transfer of control of various Commission licenses and other authorizations from DIRECTV to AT&T. In order to address the potential harms posed and to confirm certain benefits offered by the transaction, the merged entity was subject to certain conditions imposed by the Commission. The Order requires that, within 90 days of the closing date of the transaction, an Independent Compliance Officer be identified who will have the power and authority to review and evaluate AT&T's compliance with the Order.

Stern has been identified as the Independent Compliance Officer. Stern is the Managing Director, Corporate Monitoring and Consulting Services of Affiliated Monitors, Inc., and has served as the United States Attorney for Massachusetts, the Chief Legal Counsel for the Governor of Massachusetts, and Assistant Attorney General in the Massachusetts Attorney General's Office. Stern has been a partner in a number of major law firms as well as a member of the faculty of a number of law schools. Since 2004, Affiliated has provided a wide variety of ethics and compliance monitoring services, including providing independent integrity monitoring services for government and regulatory authorities in a wide variety of regulated industries and professions. Stern was identified as the Independent Compliance Officer by an agreement between AT&T and the Commission's Office of General Counsel, who has approved the selection. More information about Affiliated Monitors and is available at http://www.affiliatedmonitors.com.

McCampbell Named White Collar Criminal Defense "Lawyer of the Year" in Oklahoma City

Robert McCampbell

NAFUSA member Robert G. McCampbell, was selected as Best Lawyers Lawyer of the Year in the practice area of White Collar Criminal Defense in Oklahoma City. McCampbell has previously been selected "Lawyer of the Year" for Government Relations and for Administrative/Regulatory law. Lawyer of the Year is an honor given to only one lawyer in a metropolitan area in a practice area. Best Lawyers is a peer based review where attorneys assess and provide feedback on their colleagues.

McCampbell is a partner in the Oklahoma City office of Fellers Snider. He served as the U.S. Attorney for the Western District of Oklahoma from 2001 to 2005.

Stephanie Yonekura Joins NAFUSA and Hogan Lovells

NAFUSA's ne

west life member, Stephanie Yonekura, has joined the Los Angeles office of Hogan Lovells as a partner in the Investigations, W hite Collar and Fraud practice group. Yonekura joins the firm from the U.S. Attorney's Office, where she most recently served as the acting United States Attorney for the Central District of California (2014-2015), the largest U.S. Attorney's office outside of Washington, D.C.

Yonekura represents clients in white collar defense, internal investigations, and civil business litigation. Her practice focuses on securities and financial institution fraud, cybercrime, and national security matters.

As the U.S Attorney for the CD of California, Yonekura prosecuted several high-impact securities fraud cases that reached record multi-billion dollar settlements involving financial institutions, prominent Southern California CEOs, and a still-pending case against a former Major League Baseball player. She regularly oversaw casework addressing significant questions, such as the implications of the Second Circuit's decision in United States v. Newman, the scope of an insider trading scheme, and complex issues of conflicts of interest. Under Yonekura's leadership, the office investigated the hacking of one of the world's largest entertainment companies reportedly by a foreign government.

"Corporations will continue to see a rise in consumer fraud and securities fraud cases as the provisions of Dodd-Frank continue to develop. The enforcement environment has intensified and government investigations are on the rise," said Michael Davison, global head of Hogan Lovells' Litigation and Arbitration practice. "Businesses need informed legal advisors who understand the inner workings of government, and Stephanie has the knowledge and tools to provide our clients with first-rate counsel."

Before her time as the acting United States Attorney, Yonekura served as the First Assistant United States Attorney, exercising direct oversight of criminal cases involving securities fraud, financial institution fraud, public corruption, and civil rights violations and civil cases involving the False Claims Act and the Financial Institution Reform, Recovery, and Enforcement Act (FIRREA).

"I'm thrilled to be joining a firm that offers clients the powerful combination of a strong presence in Los Angeles with a truly international reach and expertise," said Yonekura. "The Litigation and Arbitration practice has an excellent reputation, and I am eager to join this team and tap into the firm's unparalleled global footprint."

Yonekura has extensive experience in cases involving financial institutions, such as the anti-money laundering requirements of the Bank Secrecy Act, unfair and deceptive overdraft practices, mortgage origination violations, and fair lending violations, as well as the prosecution of financial institutions under FIRREA.

Yonekura earned her B.A. in political science from the University of California, Los Angeles (UCLA) and her J.D. from the UCLA School of Law.

Hogan Lovells is a leading global legal practice providing business-oriented legal advice and high-quality service across its exceptional breadth of practices to clients around the world. For more information, see www.hoganlovells.com.

Should U.S. Attorneys Have Access to Inmates' Emails to Lawyers?

In an article The New York Times, October 30, 2015, Bill Seeks to Bar U.S. Prosecutors From Reading Inmates' Emails to Lawyers, Stephanie Clifford wrote of federal prosecutors in Brooklyn who last year alerted defendants that their emails would be monitored. The U.S. Attorneys Office argued that prisoners had agreed to terms that advised them that their emails could be monitored by the Bureau of Prisons. They argued that the BOP system could not distinguish emails to lawyers from other emails. The U.S. Attorney determined it would no longer appoint "taint teams" to sort through the emails. Defense lawyers in Brooklyn filed objections, citing the attorney-client privilege and federal judges have split on the issue.

On Thursday morning, October 29, 2015, a bill was introduced in Congress to bar federal prosecutors from reading emails between inmates and their lawyers. In Clifford's article, she quoted two members of NAFUSA:

Doug Jones, a former United States attorney for the Northern District of Alabama who is now in private practice, said the legislation was sensible.

"It's a very difficult representation to represent a client who is in custody," Mr. Jones said.

He gave the example of Birmingham defendants who were kept at a county jail three blocks from him. "You wouldn't think that would be a problem, but it's an itty-bitty room; it's hard to bring tapes and transcripts and other things," he said, adding that it was also difficult to contact a client with a quick question.

Donald K. Stern, a former United States attorney for Massachusetts, said that while there would no doubt be some cost to overhauling the email system, there was also a cost to the current setup. Court-appointed defense lawyers who have to spend several hours trying to visit their clients are ultimately paid by the government, he pointed out.

"You have to balance the cost of doing that with the importance of permitting the ability of counsel to communicate freely with a client," Mr. Stern said. "The lawyer ought to be able to have very free access to their clients - not only for the right to counsel and the Sixth Amendment, but also to provide a more efficient and fair criminal justice system."

2015 Fiske Fellows Selected

The Fiske Fellowship was established in 2001 at the University of Michigan Law School by NAFUSA member Robert Fiske, '55, a senior counsel at Davis Polk & Wardwell and a former U.S. attorney for the Southern District of New York. Three-year fellowships are awarded annually to up to four Michigan Law graduates who serve as government lawyers. Fellows receive a $5,000 first-year cash stipend and debt repayment assistance to cover required annual payments for all educational loans, a combination that provides much-needed financial breathing room.

In establishing the fellowship, Fiske hoped to encourage more Michigan Law students and recent graduates to consider government service, despite the lure of larger paychecks in the private sector.

The 2015 class of Fiske Fellows was selected in the spring and had the opportunity to meet Fiske during an April event at the Law School. Pictured with Fiske are, from left to right: Kate Gilbert, '13, an honors attorney at the U.S. Department of Justice, Civil Rights Division; Katharine Roller, '14, who is in the Entry Level Attorney Honors Program at the Federal Trade Commission; Annalyce Shufelt, '15, an honors attorney at the Consumer Financial Protection Bureau; and Danica Taylor, '15, who has joined the San Diego County District Attorney Graduate Clerk Program.