NAFUSA Liaison Committee Visits Washington

In the AG’s Conference Room with (from left) Paul Coggins, Karen Hewitt, Rich Rossman, AG Bill Barr, Donna Bucella, Catherine Hanaway, Bob Balfe and Terry Flynn

Since 2010, NAFUSA has sent a committee at least once a year to meet at Main Justice with the Attorney General and the Attorney General’s Advisory Council (AGAC). On June 25, 2019, NAFUSA President Terry Flynn led this year’s Liaison Committee, composed of Paul Coggins, Karen Hewitt, Bob Balfe, Donna Bucella, Catherine Hanaway and Rich Rossman.

Here is how Terry described the day:

This year’s visit to Washington, DC was action packed! We met with Attorney General Barr, AGAC Chairwoman Jessie Liu, and all the members of the AGAC. It was a great opportunity for us to discuss the ongoing activities and goals of NAFUSA while hearing from Department leaders on the work and issues facing the Department of Justice. As an added bonus to our visit to Main Justice, the full USA community was in town for their annual conference. So we were even able to meet with some other former colleagues/Department leaders like US Attorney Gretchen Shappert, who is now the US Attorney for the Virgin Islands, and previously served as the US Attorney for the Western District of North Carolina.

We then took a walk and met with our former colleagues/NAFUSA members at the Capitol. Congressman John Ratcliffe gave us a grand tour of the Capitol which included a visit to the Speaker’s Balcony. John, a lifetime NAFUSA member, is currently serving on the House’s Justice, Intelligence, Homeland Security and Ethics Committees. After spending time with John, we then joined our other NAFUSA colleague and former officer, Senator Doug Jones, for lunch in the Senate Dining Room. Doug is serving on the Senate’s Banking/Housing/Urban Affairs, Health/Education/Labor/Pensions, Armed Services, and Aging Committees. With such important committee assignments, both John and Doug were able to describe for us the many issues currently being faced by them in Congress. We were even able to meet the night before with another of our esteemed colleagues, Congresswoman Susan Brooks. Susan currently serves on the Energy/Commerce, Ethics (past Chairwoman), Bipartisan Caucus on Women’s Issues. As an added bonus to the visit we had a chance meeting with Congressman John Lewis and Senator John Cornyn! Everywhere we went people were kind enough to thank us for our members’ public service as US Attorneys.

It was truly humbling for us to see so many of our colleagues serving in such leadership capacities. Such yearly visits provide us with a great opportunity to highlight NAFUSA’s growing membership while discussing the activities and goals of NAFUSA!

On the Speaker’s Balcony at the Capitol overlooking the Mall with Congressman and NAFUSA Life Member John Radcliffe
At the Capitol near the Senate Dining Room with United States Senator and NAFUSA member Doug Jones

Dowd Elected President of NAFUSA Foundation

At the May 3, 2019, meeting of the Board of Directors of the NAFUSA Foundation, Ed Dowd was elected to serve as the president. Ed served as the United States Attorney for the Eastern District of Missouri (1993-1999) and the Deputy Special Counsel for the Waco Investigation with Senator John C. Danforth (1999-2000). He is also a past president of NAFUSA. He is currently a partner at Dowd Bennett in St. Louis.

Ed Dowd

The following were elected as officers and directors for 2019-2020: Ed Dowd, President, Ken Wainstein, Vice President, William Lutz, Secretary, Rich Rossman, Treasurer.

The following were elected as Directors for the 2019-2020: Mike McKay, Ed Dowd, Ken Wainstein, Hal Hardin, Terry Flynn, Paul Coggins, Donna Bucella, and Catherine Hanaway.

Mike McKay

The Board thanked and commended Mike McKay, who is stepping down after several years as the President of the NAFUSA Foundation and especially commended him for his leadership in establishing and growing the Wales Fund. Mike has raised $523,000 in pledges towards a reward fund in addition to the $1,000,000 offered by the Department of Justice for information leading to the arrest and conviction of the person or persons responsible for the murder of AUSA Thomas Crane Wales.

NAFUSA Board Meets in Naples

NAFUSA board at the home of Jay & Julie Stephens

The annual Spring NAFUSA board meeting was held in Naples, Florida, on April 6, 2019. President Terry Flynn announced that the annual conference will be held at the Westin St Francis in San Francisco on September 25-27, 2019, and will feature FBI Director (and NAFUSA life member) Chris Wray as the keynote speaker.

Flynn stated that the conference planning committee is working on the program, which will begin with an opening evening reception at the St Francis on Wednesday, September 25, sponsored by Guicepost Solutions. The Thursday and Friday morning CLEs will include a panel on artificial intelligence/technology with Tony West, general counsel & chief legal officer of Uber; a dialogue with EOUSA and the AGAC with James Crowell and Jessie Liu; a presentation on the United States Supreme Court by Dean Erwin Chemerinsky; a presentation by Professor Jennifer Eberhardt on “Unconscious Bias in Law Enforcement”; and an ethics presentation by NAFUSA member Chuck Rosenberg on “The Korematsu Story-Duty of Candor to the Court”.  Registration for the conference will open in June.

Ken Wainstein

With the resignation of NAFUSA Treasurer Don Washington, due to his having been sworn in as the Director of the U.S. Marshall Service, the board appointed Ken Wainstein to fill the treasurer vacancy. Wainstein served as the United States Attorney for the District of Columbia, 2004-2006, and as the first Assistant Attorney General for National Security, 2006-2008. During his illustrious career, he has also served as the Director of the Executive Office for U.S. Attorneys, General Counsel of the FBI, Chief of Staff of the FBI, and Assistant to the President for Homeland Security and Counterterrosim. He is currently a partner in the Washington office of Davis Polk & Wardell.

 

John Brownlee

The board also selected John Brownlee (WD Virginia 2001-2008) to fill the Wainstein vacancy on the board in the class of 2020. Brownlee is currently a partner at Holland & Knight, where he chairs the firm’s National White Collar Defense and Investigation Team and a member of the firm’s Directors Committee. He served on active duty in the U.S Army in the infantry and in the Judge Advocate General Corps, and is a graduate of the Army’s Airborne and Ranger programs. He recently represented former Virginia Governor Bob McDonnell during the investigation, trial and appeal and won a unanimous decision from the U.S. Supreme Court vacating the convictions.

Executive Director Rich Rossman reported that organization is financially sound, mainly thanks to the support of our sponsors. We would not be able to hold our annual conferences without our sponsors. The collection of dues is lagging, however. Deputy Director Lisa Rafferty stated that several members have failed to pay their dues by the February 28 deadline. Reminders have been sent.

President Elect Paul Coggins announced the 2020 conference will be held in New York City on September 30-October 2 at the New York Hilton.

The board enjoyed a social evening at the home of Jay and Julie Stephens (photo above) and a dinner on the beach (photo below).  As is our custom, NAFUSA board members paid their own travel and hotel expenses. A good time was had by all.

Board dinner on the beach at Naples

 

Terry Flynn Elected President of NAFUSA

At the NAFUSA conference last week in Nashville, Terry Flynn was elected president for 2018-2019. Terry is a former presidentially appointed United States Attorney for the Western District of New York (2006-2009). He is currently a partner at Harris Beach PLLC in Buffalo. He represents businesses across industries in both civil and criminal government investigations which include conducting internal corporate probes and independent monitorships. He has advised clients among the Fortune 50 and large privately held companies, including Walmart, Facebook, United Technologies, United/Continental Airlines and the Buffalo Sabres, on such matters as government compliance, commercial litigation, product liability or personal injury litigation. Terry’s representation of United Technologies resulted in Harris Beach being acknowledged among the Go-To Law Firms® for 2014 in Contracts Litigation as published in Corporate Counsel magazine. Additionally, Terry served as the federally appointed Monitor on a multi-year matter brought by the U.S. Department of Justice and U.S. Department of Veteran Affairs over an international company with procurement compliance and regulatory issues.

Terry advises clients in complex legal crises involving criminal, civil, regulatory and related public relation matters. He has been engaged by leading companies in the financial, intellectual property, health care, retail, and energy sectors to conduct sensitive regulatory and criminal investigations on international, national and state levels. His knowledge of and relationship with federal, state and local law enforcement enables him to react quickly in order to respond to various crisis situations.  Terry has been recognized as a Best Lawyer in America since 2018 and ranked by Chambers since 2017.

Prior to joining Harris Beach, Terry served as the United States Attorney for the Western District of New York. In that capacity, he was the chief civil lawyer and criminal prosecutor for the United States and all of its agencies in the 17 county region of the Western District of New York. He oversaw the management of two offices (Buffalo and Rochester) with more than 130 personnel, including 57 attorneys. Specifically, he was responsible for the overall civil affirmative enforcement, civil defense and criminal prosecution of approximately 4,200 cases, encompassing such areas as government compliance/independent monitor, health care fraud, international trade, white collar fraud, and numerous other civil and criminal matters. During his tenure, the U.S. Attorney’s Office for the Western District of New York recovered on behalf of taxpayers over $124 million through both affirmative civil and criminal enforcement of fraud against the U.S. Government.

NAFUSA Annual Conference October 24-26

Click here to view the Nashville program.

The Westin Hotel in Nashville is completely sold out even after adding 20 rooms to each of the nights. They do have a wait list at this stage but since the hotel is sold out it is unlikely any rooms would become available.

Here is a list of nearby hotels the Westin gave as choices for our members to call:

If you have any questions please feel free to contact Lisa Rafferty.


The conference will open on Wednesday, October 24, with a welcome reception at the law offices of Butler Snow in The Pinnacle at Symphony Place. The firm, one of NAFUSA’s sponsors, has three NAFUSA members: Jim Letten, James Tucker, and Edward Stanton. Golf will be available on Wednesday morning at the Golf Club of Tennessee. If you want to play golf, make sure you plan to spend Tuesday night in Nashville.

On Thursday and Friday mornings, the CLE programs will feature:

  • a panel on the opioid epidemic moderated by NAFUSA life member Chuck Rosenberg, the former head of DEA with New Jersey Attorney General  Gurbir Grewal, Tracey Helton Mitchell, author of “The Big Fix: Hope After Heroin”, and Lou Milione, former Special Agent and Assistant Administrator, Diversion Division, DEA
  • a panel on international criminal investigations moderated by NAFUSA Secretary Karen Hewitt and NAFUSA board member John Richter, with Robert Buckland, Solicitor General for England and Wales, Sandra Moser, Acting Chief, Fraud Section, Criminal Division, DOJ, and William McMurry, Supervisory Special Agent, FBI
  • a presentation on ethics moderated by Chief Judge Waverly Crenshaw, United States District Judge, MD Tenn, with Douglas Richmond, AON’s Professional Services Group, and Brian S. Faughman, Lewis Thomason
  • and a panel on the Supreme Court moderated by Marcia Coyle of The National Law Journal with Nicole Saharsky, Gibson Dunn, Joe Palmore, Morrison Foerster, and Prathik Shah, Akin Gump

The Thursday breakfast will be sponsored by Nardello & Co.

On Thursday afternoon, there will be a luncheon buffet and tour of The Hermitage, home of President Andrew Jackson (sponsored by Ernst & Young), with presentations by Director Howard J. Kitten and David Ewing. Thursday evening is reserved for class reunions at various off-site locations. Friday afternoon is free time, followed by a closing dinner and general membership meeting. Our keynote speaker on Friday night will be United States Senator Doug Jones, who would have been NAFUSA’s president this year if he hadn’t stepped down to run for AG Jeff Sessions seat in the Senate representing the State of Alabama.

click here to read the biographies of our 2018 conference speakers.

NAFUSA Board Meets in St Pete Beach

The annual Spring NAFUSA board meeting was held in St. Pete Beach, Florida, on April 14, 2018. President Hal Hardin announced that the annual conference will be held at the Westin in Nashville on October 24-26, 2018, and will feature United States Senator Doug Jones as the keynote speaker on Friday evening. Doug is a NAFUSA member and stepped down as president-elect of NAFUSA to run for the Senate vacancy created when Jeff Sessions became the Attorney General. 

(Photo by Jeronimo Nisa/The Decatur Daily via AP)

Hardin stated that the conference planning committee is working on the program, which will begin with an opening evening reception at the offices of conference sponsor Butler Snow on Wednesday, October 24. The Thursday and Friday morning CLEs will include a panel on the opioid epidemic organized by NAFUSA member and former DEA Administrator Chuck Rosenberg. Other panels are being planned on the Supreme Court, international criminal investigations, and ethics. Thursday evening will feature class reunion dinners. Registration for the conference will open in July. 

Executive Director Rich Rossman reported that organization is financially sound, mainly thanks to the support of our sponsors. We would not be able to hold our annual conferences without our sponsors. The collection of dues is lagging, however. Deputy Director Lisa Rafferty stated that several members have failed to pay their dues by the February 28 deadline. Reminders have been sent.

The board discussed our ongoing tradition of requesting an American flag be flown over Main Justice in honor of a former United States Attorney who has died. The flag is then presented to the family as a token of the regard with which he or she was held by their colleagues. The board expressed its gratitude to EOUSA for its cooperation and noted the increasing cooperation of current U.S. Attorneys in reaching out to NAFUSA when they learn of the passing of one of their predecessors.

There was an extensive discussion of the mission of NAFUSA and when, if ever, it might be appropriate for NAFUSA to take public positions on issues. The mission statement (see About NAFUSA at nafusa.org) states NAFUSA was founded in 1979 “to promote, defend and further the integrity and the preservation of the litigating authority and the independence of the office of the United States Attorney.” In these complicated times, the board mused that we may be the last remaining bipartisan and nonpartisan organization still functioning in the country. The only time NAFUSA has taken a public position as an organization (at least in the memory of those present) dealt with the firing of U.S. Attorneys in the Bush ll Administration, which went to the heart of our mission statement. Since then the board established a super majority rule: the board will not approve a resolution taking a public position without a 75% vote of the voting members of the board. Requests have been made to the board regarding issues surrounding the Mueller investigation and related issues. No action was taken.

As for the newsletter and website, the consensus of the board was that an emphasis should remain with factual member news, with limits on opinion pieces. Our members, of course, are free to express their individual views. Our conferences will continue, however, to vent relevant policy topics, and we will continue to strike a balance and attempt to have all responsible viewpoints recognized.

Rich Rossman has expressed a desire for sometime in stepping down as executive director. The search committee reported that several prospects have been approached as to their interest. Unfortunately, the committee has been unable to identify a potential successor. Rich has agreed to continue for the short run while the search continues. The board expressed its appreciation by awarding both Rich and Lisa a bonus for their efforts. 

President Elect Terry Flynn announced the 2019 conference will be held in San Francisco at the Westin St. Francis. Vice President Paul Coggins announced he is leaning towards Dallas in 2020. On a final note, when we learned that President H.W. Bush’s brother had died and that Board Member Catherine Hanaway was leaving the board meeting to attend the funeral, President Hardin proposed a letter of condolence which was signed by all present and presented by Hanaway to the Bush family. Sadly, Barbara Bush died a few days later. 

As is our custom, NAFUSA board members paid their own travel and hotel expenses to St. Pete. A good time was had by all.

 

NAFUSA Foundation Announces Increase of Tom Wales Reward

NAFUSA Foundation President Mike McKay announces Wales Reward Enhancement

On February 21, 2018, U.S. Attorney’s Office in Seattle, Deputy Attorney General Rod Rosenstein reaffirmed the commitment of the U.S. Department of Justice (DOJ) and FBI to bring to justice those responsible for the October 11, 2001 murder of AUSA Tom Wales in Seattle. He also included a reminder that DOJ will pay a reward of up to $1 million to anyone who provides information leading to the arrest and conviction of those behind the Wales murder.

“Any attack on a law enforcement officer is an attack on our entire justice system,” Deputy Attorney General Rosenstein said. “The Wales family has shown incredible strength, courage, and devotion. As Deputy Attorney General, I intend to see that we leave no stone unturned in the search for the killer who murdered Tom Wales. We will continue to pursue this case for as long as it takes to achieve justice. The killer will be held accountable.”

National Association of Former U.S. Attorneys (NAFUSA) Foundation President Mike McKay (U.S. Attorney for Western District of Washington, 1989-93) announced that, in addition to the reward offered by DOJ, the Foundation is putting up $525,000 to complement that already available (when DOJ pays out its reward, the NAFUSA Foundation will do the same). Joining McKay were NAFUSA members:

Seattle Mayor Jenny Durkan (U.S. Attorney, WDWA, 2009-14)
Hal Hardin (U.S. Attorney, MDTN, 1977-81), President of NAFUSA
John McKay (U.S. Attorney, WDWA, 2001-07)
Bill Hyslop (U.S. Attorney, EDWA, 1991-93)
Jim McDevitt (U.S. Attorney, EDWA, 2001-10)

“Every U.S. Attorney in the country from every administration dating back to President Carter is committed to support DOJ and the FBI to make sure that those behind Tom’s murder are brought to justice,” said former U.S. Attorney Mike McKay. “We hope that this increased reward, and the publicity it generates, helps in finding that citizen who will provide the last evidentiary link so that charges may finally be brought.”

“This case is so important to every former U.S. Attorney in the country,” said Hal Hardin, President of NAFUSA and former U.S. Attorney in Nashville, TN. “If this murder is connected with Tom’s work, he will be the first Assistant U.S. Attorney killed in the line of duty. Indeed, it’s was an attack on our country,” he said.

“Our experience is that the amount of a reward can make a difference in cases like this,” said Bill Hyslop, former U.S. Attorney from Spokane. “We therefore hope that by increasing the reward by more than 50% and generating this publicity, a good citizen will come forward with new, helpful information about the Wales case.”

PUBLIC – NAFUSA Foundation Wales Fund Donor List_022018

Click here to view media reports:

Seattle Times

Local NBC Affiliate

CBS News

DAG Rod Rosenstein

Catherine Hanaway Named to NAFUSA Board

In November, 2017, Greg Scott stepped down from the NAFUSA board of directors as a result of his appointment by President Trump to return to his position as United States Attorney for the Eastern District of California, where he had previously served from 2003 to 2009. The NAFUSA Board of Directors has unanimously selected Catherine Hanaway to fill Greg’s vacancy of the board in the class of 2018. Catherine served as the United States Attorney for the ED of Missouri from 2005-2009. She is currently a partner at Husch Blackwell LLP in St, Louis.

On December 13, NAFUSA board member Jenny Durkan advised that her new job as Mayor of the City of Seattle requires her to step down from her board position in the class of 2019. President Hal Hardin will call a meeting of the nominating committee to make a recommendation to the board of a successor to replace Jenny. The vacancy must go to a NAFUSA member who has served in a Democratic administration.

Evan Norris Named 2017 Bradford Award Winner

Evan Norris

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 a series of prosecutions which 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 J. Michael Bradford Award Committee was chaired by NAFUSA Vice President Terry Flynn. Its members included Paul Coggins, Jenny Durkan, Ron Machen, Shari Potter and Rich Roper. This year, the Board voted to give the award to AUSA Evan M. Norris of the Eastern District of New York, who was nominated by former United States Attorney Robert Capers, who wrote: “Mr. Norris has earned the respect of his fellow federal prosecutors for his leadership and creative and relentless investigative skills, particularly as exemplified through the Office’s groundbreaking prosecution of corruption in Fédération Internationale de Football Association (FIFA), the world soccer governing body”.

From the inception of the investigation until 2017, Mr. Norris was the lead prosecutor of the FIFA case, one of the most significant prosecutions ever brought by the Department of Justice. Mr. Norris led a years-long investigation that resulted in the filing of RICO, fraud, and money laundering charges against dozens of individuals and entities for their involvement in the corruption of international soccer. Together with a team of AUSAs and agents from the FBI and IRS, Mr. Norris devised the investigative and prosecutorial strategies for this groundbreaking cross-border case and managed the Office’s coordination with foreign enforcement authorities both in the period leading up to the first arrests in Switzerland in May 2015 and continuing thereafter. In December 2015, Mr. Norris was appointed Director of the EDNY FIFA Task Force, in which position he supervised teams of AUSAs and DOJ trial attorneys prosecuting the indicted case, United States v. Jeffrey Webb et al., and 11 related cases, and conducting multiple related investigations of individuals and entities. Under Mr. Norris’s leadership, the Office publicly announced charges against 43 individuals and entities, 22 guilty pleas, and the entry into a deferred prosecution agreement with an Argentine sports marketing company. In total, the individual and corporate resolutions announced under Mr. Norris’s leadership included over $330 million in forfeiture and criminal penalties.

The other nominees were:

Joseph Batte
Eastern District of Texas

Michael Collyer
Northern District of Ohio

Patrick Fitzgerald
Central District of California

Shane Harrigan
Southern District of California

Richard Hayes
Eastern District of New York

Timothy Howard
Southern District of New York

Debra Kanof
Western District of Texas

Eric Klumb
District of South Carolina

Richard Murphy
Northern District of Iowa

Stephen Odell
District of Oregon

Amy Padden
District of Colorado

David Petermann
Western District of Oklahoma

Kristine Rollinson
Southern District of Texas

Michael Sherwin
Southern District of Florida

Gary Sussman
District of Oregon

Brent Tabacchi
Southern District of Ohio

Tyler Tornabene
Eastern District of Washington

Christopher Tortorice
Eastern District of Texas