NAFUSA Update September 2016 Greet ings !

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).

R e g is tra tio n O p e n fo r S a n D ie g o C o n fe re n c e

Registration continues for the 2016 NAFUSA conference to be held at the Hotel Del Coronado in San Diego October 6-8. The c ut of f f or hot el rooms at t he c onf erenc e rat e is S ept ember 6 (only 6 day s away ). Click here to view NAFUSA Program San Diego 2016.

REGI ST ER HERE The conference will begin with a cocktail reception on Thursday evening, October 6, 2016, at the Hotel Del Coronado, honoring Michael Dreeben on his 100 Supreme Court arguments. Golf will be availalbe on Thursday morning at Torrey Pines South, on a first come first served basis to the first 26 to register. Only t wo s lot s remain f or golf . Let Lis a Raf f ert y k now if y ou are

2 0 1 6 S p o n s o rs Conferences would not be possible without the support of our sponsors. Please consider joining the 21 sponsors listed below as a sponsor for San Diego. There are three sponsorship levels: Platinum $15K, Gold $10K and Silver $5K. Click here for a copy of the 2016 sponsorship brochure. If you are interested or have questions, contact Executive Director Rich Rossman at [email protected] or 248-548-8289.

int eres t ed. On Friday morning President Vega will call the conference to order and introduce our sponsors. Following the traditional roundhouse introduction of members, Hon. Robert Conrad, U.S. District Judge, WD North Carolina, will give the ethics presentation: "Berger v US...The Rest of the Story. Ethical lessons behind Justice Sutherland's famous dictum." The morning program will close with a panel discussion on national security v privacy, with Charlie Savage of The New York Times, Steve Zipperstein, general counsel of Blackberry, Jim Baker, general counsel of the FBI, Marc Zwillinger, and Ken Wainstein. On Friday afternnoon, we will enjoy a picnic lunch on the USS Midway. On Friday evening, various adminstration classes will hold their reunions. Saturday morning's CLE program will include a dialogue with Monty Wilkinson, Director of EOUSA and Richard Hartunian, chair of the AGAC, moderated by President Vega, followed by the presentaton of the J. Michael Bradford Award to the AUSA of the year. Dean Erwin Chemerinsky will speak on the Supreme Court and the moring will close with a panel discussion on asset forfeiture reform with Marshall Miller, M. Kendall Day, Sharon Levin, Marc Levin, and Margaret Dooley-Sammuli. The conference will close with a Saturday evening banquet and business meeting, with Charlie Savage as the keynote speaker. Rooms will be available at the Del Coronado at the special conference rate of $295 a night, plus a $15 a day Resort Charge. Rooms will be available at the conference rate for the 3 days prior and after, subject to availability. The cut off for hotel rooms is S ept ember 6, 2016 . You can reserve a room on the NAFUSA link. You will be charged a one night deposit, but it is fully refundable at least seven (7) days prior to scheduled arrival. The NAFUSA registration charge remains $400, which includes the social events except golf. Spouses and guests are welcome at $300. You may bring guests to individual events at separate charges. Registration fees are fully refundable up to one week prior to the conference. After that date, we will be unable to offer refunds as the hotel and caterers need final counts for meals.

C h a rlie S a v a g e to K e y n o te S a n D ie g o C o n fe re n c e

Charlie Savage will attend his sixth NAFUSA conference in October- more than many NAFUSA members. He has truly become a "Friend of NAFUSA." This

year he will do double duty as our Saturday night keynote speaker and as the moderator of the Friday morning panel on national security v privacy. He is the Pulitzer Prize-winning Washington correspondent for the New York Times. Originally from Fort Wayne, Indiana, Savage graduated from Harvard College and earned a master's degree from Yale Law School as part of a Knight Foundation journalism fellowship. He lives in Arlington, Virginia, with his wife, Luiza Ch. Savage, the editorial director of events for Politico, and their children, William and Peter Savage. Savage has been covering post-9/11 issues - including national security, individual rights and the rule of law - since 2003, when he was a reporter for the Miami Herald. Later that year, he joined the Washington bureau of the Boston Globe; he then moved to the Washington bureau of the New York Times in 2008. He has also co-taught a seminar on national security and the Constitution at Georgetown University's political science department. Savage's first book, Takeover, published in 2007, chronicles the Bush-Cheney administration's efforts to expand presidential power. His second book, Power Wars, published in 2015, is an investigative history of national-security legal policy issues in the Obama administration. His other journalism honors include the American Bar Association's Silver Gavel Award, the Gerald R. Ford Prize for Distinguished Reporting on the Presidency, and the Helen Bernstein Book Award for Excellence in Journalism. His keynote address is entitled: "Power Wars: Obama, Bush, and the Post-9/11 Presidency."

N A F U S A O ffic e rs M e e t w /A G

D e a d lin e H a s Passed To Pay 2016 Dues 2016 NAFUSA membership dues were payable February 29. Nonlife members who have not paid their dues should click on the link below. Regular membership dues remain at $150 annually. Seniors (over 70 years and no longer practicing law) pay $50. Or join 70 of your colleagues as a lifetime member with a one time payment of $1500. Michael Moore is the latest to become a life member. You may pay by credit card or check. If you wish to pay with a check, send it payable to NAFUSA and mail to NAFUSA, P.O. Box 1524, Brighton, Michigan 48116.

Photo by Lonnie D. Tague/DOJ On July 23, 2016, The NAFUSA officers met with Attorney General Loretta Lynch in her conference room at Main Justice. The AG, who was an active member of NAFUSA in between her two appointments as U.S. Attorney for the ED of New York, is quite familiar with NAFUSA. She also chaired several meetings of the AGAC when they met with the NAFUSA Liaison Committee. In addition, she has attended NAFUSA conferences in her capacity as chair of the AGAC. The meeting was the first opportunity to continue the tradition began by former AG Eric Holder to have a small group representing NAFUSA meet in an informal setting and discuss with the AG matters of mutual interest. Shown in the photo below, left to right, Karen Hewitt, board member; Secretary

Click here to pay annual dues

Terry Flynn; President Greg Vega; Attorney General Loretta Lynch; Vice President Doug Jones; Executive Director Rich Rossman; Treasurer Paul Coggins; President Elect Bart Daniel.

Photo by Lonnie D. Tague_DOJ

M a rg o lis F a m ily to A tte n d S a n D ie g o C o n fe re n c e

David's wife, Debby, and his daughter, Cheri, will attend the San Diego conference as honored guests of NAFUSA. David, who passed away on July 12, 2016, was scheduled to be a our luncheon speaker on his 51 years at Justice. Deborah Daniels shared a recent Margolis obituary from The Week

As is our custom, an American flag was flown over Main Justice on August 19, 2016, at the request of NAFUSA. It will be presented to Debby and Cheri at the October conference. It represents the high regard in which David was held by his colleagues.

L e o n e A rg u e s A g a in s t S io u x T rib e in P ip e lin e R o w

Bill Leone Law 360 reported on August 24, 2016 Sioux Tribe Says 'Cultural Survival' At Stake in Pipeline Row, that "the Standing Rock Sioux Tribe urged a D.C. federal judge to block construction on the $3.8 billion crude oil pipeline slated to run through what it considers the tribe's ancestral lands, calling the Dakota Access Pipeline a threat to its 'cultural survival' that was not adequately reviewed by the federal government before its approval." The tribe urged U.S. District Judge James E. Boasberg to grant a preliminary injunction saying "it was important to hear from tribe members themselves about the importance of the various sites." Law 360 reported that the tribe argued that the pipeline's route passes through ancestral lands, threatening burial grounds, sacred sites and other historically significant areas. The cultural surveys done for the project were done by out-ofstate consultants and without the participation of the tribe, it said. During the hearing, NAFUSA member William J. Leone of Norton Rose Fulbright US LLP, an attorney for intervenor defendant Dakota Access, insisted that those surveys were completed by "qualified archeologists" and subsequently shared with the tribes. That the surveys were completely unsupervised is "simply not true," Leone said. Leone said it would be "horribly unfair" to the developers, laborers and their families to issue an injunction and "change the rules" at the last minute.

H a rtu n ia n a n d M c Q u a d e to L e a d A G A C Attorney General Loretta E. Lynch announced on August 22, 2016, the appointment of U.S. Attorney Richard S. Hartunian for the Northern District of New York as chair of the Attorney General's Advisory Committee of U.S. Attorneys (AGAC). Attorney General Lynch also appointed U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan to serve as vice chair. Both appointments are effective immediately. "The Attorney General's Advisory Committee plays an essential role in shaping the Justice Department's policies, implementing its programs, and ensuring that equal justice and the rule of

Richard Hartunian

law are upheld throughout the United States," said Attorney General Lynch. "As a former chair of the AGAC, I know firsthand the significant duties required of the committee's leaders, and I am certain that U.S. Attorneys Richard Hartunian and Barbara McQuade are ready to assume the responsibility of chairing such an important and distinguished body. They are both seasoned prosecutors, exemplary law enforcement officers, and devoted public servants, and I look forward to benefitting from their long experience and wise counsel as we advance the department's vital work in the months ahead. I congratulate them on their new posts, and I once again thank former U.S. Attorney John Walsh for his outstanding service as

AGAC chair over the last 20 months." U.S. Attorney Hartunian has been the vice chair of the AGAC since January 2015. He was appointed to the AGAC in 2013 and has served as the co-chair of the Border and Immigration Subcommittee, as well as a member of the subcommittees focused on Native American issues, Health Care Fraud and Environmental Crimes. He has served as U.S. Attorney for the Northern District of New York since January of 2010. Before that, he had been an Assistant U.S. Attorney there since 1997 and the district's Narcotics Chief and Organized Crime Drug Enforcement Task Force Coordinator since 2006. U.S. Attorney Hartunian is a 1983 cum laude graduate of Georgetown University and a 1986 graduate of the Albany Law School of Union University. He was engaged in the private practice of law in Albany from 1987 to 1990. He served as an Assistant District Attorney in Albany County from 1990 to 1997, where his work on narcotics and violent crime cases led to his designation as a Special Assistant U.S. Attorney in 1994. In May of 2010, U.S. Attorney Hartunian was honored by the Armenian Bar Association as the first U.S. Attorney of Armenian descent. U.S. Attorney McQuade was appointed to the AGAC in April 2013 and has previously served as co-chair of the Terrorism and National Security Subcommittee. She also served on subcommittees addressing civil rights and border security. She became the first woman to serve as U.S. Attorney for the Eastern District of Michigan when she took office in January of 2010. She was an Assistant U.S. Attorney in Detroit, Michigan, for 12 years, including service as Deputy Chief of the National Security Unit. U.S. Attorney McQuade is a 1987 graduate of the University of Michigan and a 1991 graduate of the University of Barbara McQuade Michigan Law School. Before becoming a federal prosecutor, she practiced law in a Detroit firm and served as a law clerk to a U.S. District Judge. From 2003 to 2009, U.S. Attorney McQuade was as an adjunct law professor at the University of Detroit Mercy School of Law. While U.S. Attorney McQuade replaces U.S. Attorney Hartunian as vice chair, U.S. Attorney Hartunian replaces former U.S. Attorney John Walsh for the District of Colorado as chair. The AGAC was created in 1973 to serve as the voice of the U.S. Attorneys and to advise the Attorney General on policy, management and operational issues

impacting the offices of the U.S. Attorneys.

W a g n e r J o in s G ib s o n D u n n Gibson, Dunn & Crutcher LLP announced on August 2, 2016, that NAFUSA member Benjamin Wagner, former U.S. Attorney for the Eastern District of California, will join the firm as a partner in the Palo Alto office. Wagner's practice will focus on government investigations and white collar defense. He will join fellow NAFUSA members Chuck Stevens, Ted Olson and Debra Yang at Gibson. "Ben will be an outstanding addition to the firm," said Ken Doran, Chairman & Managing Partner of Gibson Dunn. "He enjoys a very strong reputation within the Department of Justice and is wellconnected in the U.S. Attorneys' community. He is widely recognized for his superb trial and advocacy skills, his eloquent writing, his sound judgment and his integrity. With his 24 years in government, capped by six-plus years as the U.S. Attorney, Ben has incredible depth in both criminal and civil litigation and investigations. He brings experience and gravitas that will reinforce our ability to demonstrate to clients that we can field the strongest team of white collar lawyers with a profound understanding of, and years of experience in, criminal investigations and litigation necessary to resolve their matters effectively." "In addition to deepening the capabilities and experience of our preeminent white collar practice, Ben will anchor the practice in Palo Alto and focus on serving the needs of technology companies in Silicon Valley," said Russell Hansen, Partner in Charge of the Palo Alto office. "His substantial trial experience will also help us meet the civil trial needs of our clients." Wagner reunites with Chuck Stevens, who served as the U.S. Attorney for the Eastern District of California from 1993 to 1997, and who now serves as Partner in Charge of Gibson Dunn's San Francisco office and Co-Chair of the firm's White Collar Defense and Investigations Practice Group. "With 24 years as a federal prosecutor, Ben has a distinguished record of public service, an exceptional skill set and an impeccable reputation," said Stevens. "We are delighted to have him join our white collar practice group, which in the Bay Area offices now offers a unique combination of two former U.S. Attorneys, two former supervisory Assistant U.S. Attorneys, a former Regional Director of the Securities and Exchange Commission, and two former Department of Justice trial attorneys." "I plan to establish a practice that involves providing strategic advice, compliance counseling, crisis management, and litigation services to clients facing domestic and international investigations relating to a wide range of enforcement issues," said Wagner. "And the right place for me to do so is with Gibson Dunn, which has a strong culture of collaboration and is widely recognized as one of the top white collar practices in the world." At Gibson Dunn, Wagner will handle government investigations, criminal white collar defense and civil litigation and investigations with a focus on the technology sector. He has extensive experience in a broad range of white collar matters, including those involving the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and the False Claims Act (FCA) as well as mortgage fraud, securities and investment fraud, health care fraud, cybercrime, public corruption, government contracting fraud, and environmental crime. He has significant experience working in a number of industries, including technology, financial services, government services, defense, health care, agriculture and education. He also has significant experience handling cross-border cases.

Appointed by President Obama, Wagner served as U.S. Attorney for the Eastern District of California from November 2009 through April 2016. In that position, he oversaw a team of 90 attorneys and handled many high-profile criminal matters. During his tenure, he served for three years on Attorney General Eric Holder's Advisory Committee, where he worked with DOJ leadership on developing national law enforcement policy. He also served as Co-Chair of the White Collar Crime Subcommittee. In addition, Wagner also cochaired for five years the Mortgage Fraud Working Group of the President's Financial Fraud Enforcement Task Force, a national multi-agency group focused on enhancing criminal, civil and administrative enforcement of mortgage fraud. He graduated in 1986 from New York University School of Law, where he was Managing Editor of the Journal of International Law and Politics. Gibson, Dunn & Crutcher LLP is a leading international law firm. Consistently ranking among the world's top law firms in industry surveys and major publications, Gibson Dunn is distinctively positioned in today's global marketplace with more than 1,200 lawyers and 18 offices, including Beijing, Brussels, Century City, Dallas, Denver, Dubai, Hong Kong, London, Los Angeles, Munich, New York, Orange County, Palo Alto, Paris, San Francisco, São Paulo, Singapore, and Washington, D.C. The firm is also a proud sponsor of NAFUSA's upcoming conference in San Diego.

M ic h a e l M o o re J o in s N A F U S A NAFUSA's newest life member, Michael Moore, joined Pope McGlamry in its Atlanta office in December 2015. Moore's practice focuses in the areas of qui tam/false claims litigation, significant fraud and tort cases, and white collar matters. Moore was appointed by President Obama in 2010 to serve as the United States Attorney for the Middle District of Georgia. As U.S. Attorney, Mr. Moore targeted violent crimes, human trafficking, and public corruption. During his time as the chief federal prosecutor, he oversaw the prosecution of national food safety cases, resulting in recordsetting prison sentences for corporate executives and the largest criminal fine ever imposed against a corporation for food safety violations. Mr. Moore took an active role in civil rights matters, overseeing numerous cases involving the brutal mistreatment of arrestees and prison inmates and personally mediated a landmark settlement guaranteeing adequate representation for children and individuals in the Superior Courts. Moore is credited with growing the false claims practice in the Middle District of Georgia, increasing recoveries for the Government by over 8000 percent during his tenure. His efforts resulted in multi-million dollar settlements and made the Middle District of Georgia a leader in combatting health care fraud. As United States Attorney, Moore served on the Terrorism and National Security Subcommittee, the Health Care Fraud Working Group, the Criminal Practice Subcommittee, and the White Collar/Fraud Subcommittee, all part of the Attorney General's Advisory Committee. Prior to his service with the Department of Justice, and following his time as a state prosecutor, Moore practiced privately, representing clients in both civil and criminal matters throughout the state.

Moore is a former member of the Georgia Senate, where he served on the Appropriations, Judiciary, Transportation, and Defense Committees.

J im R o b in s o n R e m e m b e re d Former NAFUSA President Jim Robinson died six years ago on August 6, 2010. The DOJ Criminal Division remembered Jim in This Week in the Criminal Division Bulletin (August 22,2016). S P OTLI GHT ON J A ME S K . ROB I NS ON James K. Robinson served as Assistant Attorney General of the Criminal Division from 1998 to 2001. Mr. Robinson was born in Grand Rapids, Michigan, in 1943. He graduated from Michigan State University and earned a law degree from Wayne State University in Detroit in 1968. Mr. Robinson then clerked for Judge George Edwards of the United States Court of Appeals for the Sixth Circuit. He subsequently became an associate at a Detroit law firm and later a partner at another, where he specialized in litigation. In 1975, Mr. Robinson began service on the five-member committee of the National Conference of Bar Examiners that drafts the evidence questions for the Multistate Bar Exam. In 1977-at the age of 33-he was named United States Attorney for the Eastern District of Michigan, which had one of the heaviest caseloads in the nation at that time. In 1981, Mr. Robinson returned to his Detroit law firm, Honigman, Miller, Schwartz & Cohn. While in private practice, he chaired the committee that drafts the Michigan Rules of Evidence and he coauthored a three-volume treatise and a courtroom handbook on the rules of evidence. Mr. Robinson was named Dean and Professor of Law at the Wayne State University Law School in 1993. That same year, Chief Justice William Rehnquist appointed him to the Advisory Committee on the Federal Rules of Evidence. In August 1995, Assistant Attorney General Jo Ann Harris resigned her position in the Criminal Division. For almost three years, John C. Keeney served as Acting Assistant Attorney General until President Bill Clinton nominated Mr. Robinson in April 1998. Mr. Robinson faced a skeptical Senate Judiciary Committee at his nomination hearing. The Committee expressed dissatisfaction with the uneven prosecution of narcotics offenses, leaks of grand jury material, and potential prosecution of elected officials for purportedly political reasons. The Washington Post reported that Mr. Robinson "deflected the thunder by promising to apply the law even-handedly." He was confirmed a few months later. As Assistant Attorney General, Mr. Robinson increased the Division's focus on transnational crime and stationed attorneys at U.S. Embassies throughout the world. He also helped expand the Division's resources for drug trafficking and computer crime. Mr. Robinson left the Division in 2001 and became a partner at Cadwalader, Wickersham & Taft in Washington, D.C. From 2001 to 2002, he was retained as a consultant by the United Nations Center for International Crime Prevention in Vienna to conduct a global study on the transfer of funds of illicit origin with respect to the negotiation of the United Nations Convention Against Corruption. On August 6, 2010, Mr. Robinson died at the age of 66 of cancer. He left behind two children, five grandchildren, and his widow, Marietta "Marti" Robinson, who is now a commissioner with the Consumer Product Safety Commission. In a condolence letter to Mrs. Robinson, then-Attorney General Eric Holder wrote, "As Assistant Attorney General, Jim embodied the steady and steely resolve under pressure that we need and expect from our public

servants. Every action that he took, and every decision that he made, reflected his singular desire to do justice and serve the people of this nation." [Photo: Grand Rapids Press]

Nat ional A s s oc iat ion of Former Unit ed S t at es A t t orney s (NA FUS A ) P . O. B ox 1524 B right on, Mic higan 48116 Ric hard A . Ros s man E x ec ut iv e Direc t or P hone: 248-548-8289 ros s manr@gmail. c om Lis a Raf f ert y Deput y Direc t or P hone: 810-813-4867 lis araf f ert y 27@gmail. c om P S C Group NA FUS A I T S upport

September 2016 Newsletter.pdf

the Pulitzer Prize-winning Washington correspondent for the New York Times. Originally from Fort Wayne, Indiana, Savage graduated from Harvard College.

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