Category Archives: Obituaries

Death of Former Attorney General Benjamin Civiletti

Benjamin Civiletti, the seventy-third Attorney General of the United States, died on October 16, 2022. Mr. Civiletti graduated from the University of Maryland School of Law in 1961 with an LLB degree. After clerking for Federal District Judge Calvin Chestnut, he became an Assistant United States Attorney in Baltimore, Maryland for two years before entering the private practice of law. Prior to being sworn in as Attorney General during the Carter administration upon the resignation of Attorney General Griffin Bell, Mr. Civiletti headed the Criminal Division until being nominated for Deputy Attorney General in May 1978. He was sworn in as Attorney General on August 16, 1979. As Attorney General he argued before the International Court of Justice on behalf of Americans being held captive in Iran during the Iran Hostage crisis and before the Supreme Court in support of the government’s right to denaturalize Nazi war criminals in Fedorenko v. U.S.

Mr. Civiletti was Chairman Emeritus and retired partner in the law firm Venable LLP in Washington, D.C. until his death at the age of 87. He is survived by his wife, Gaile and their three children.

Delahanty Flag Presentation

On September 9, 2022, Tom Delahanty’s former U.S. Attorney colleagues, Eric Miller, Rick Hartunian, Emily Rice, Carmen Ortiz and John Kacavas, presented the American flag flown over the Department of Justice in observance of Tom’s passing on April 12, 2021, to his wife, Ruth, and son Patrick. (See April 15, 2021, article about Tom Delahanty’s passing and remembering his outstanding career on the NAFUSA website.) The group enjoyed lunch on the Boston waterfront remembering Tom’s wit, wisdom, good humor, and devoted service.

Above is a photo of Tom with his wife and U.S. Attorney colleagues at a Northern Border Conference in Lake Placid, N.Y. in September, 2011.

 

Death of Earl Silbert

Long time NAFUSA member and president 1985-1986, Earl J. Sibert died on September 6, 2022, near his vacation home in New Hampshire. He was 86. In 1972, Mr. Silbert, then a 36-year-old Assistant United States Attorney in Washington, D.C., led the federal prosecution of defendants in the botched Watergate burglary. He and a team of two other AUSAs and FBI agents secured the convictions of all five burglars and two of the planners of the break-in, E. Howard Hunt and G. Gordon Liddy. All defendants
except Mr. Liddy and James McCord pleaded guilty shortly after the trial began in January 1973. Mr. Silbert earned the title “Earl the Pearl,” for his polished manner during the case. After the trial, Mr. Silbert and his team met with others involved in the break in and cover up and later provided that information, along with names of potential targets, to Archibald Cox, who had been appointed Watergate Special Prosecutor.

Mr. Silbert obtained his Bachelor’s degree in history from Harvard University in 1957 and went on to earn a law degree from Harvard in 1960. He began working for the Department of Justice’s Tax Division right out of law school before becoming an AUSA for five years in the Washington D.C. U.S. Attorneys Office. He returned to the Justice Department in 1969, briefly, before returning to the U.S. Attorneys Office in 1970. He became Interim U.S. Attorney in 1974 when his predecessor left because of illness.

Mr. Silbert was first nominated for the permanent position by President Nixon and later renominated by President Gerald Ford. He was finally confirmed by the Senate in October 1975 and served until 1979 when he left the office to enter private practice. He gained a national reputation for his white collar defense practice, representing, among others, former Attorney General Bell and Kenneth Lay, former chairman and CEO of Enron.

A flag was flown over the Department of Justice on September 15, 2022, in Mr. Silbert’s honor and will be presented to his family by NAFUSA member George Terwilliger at a memorial service to be held in October.

Death of Bill Hyslop

Former United States Attorney and lifetime NAFUSA member William (Bill) Hyslop died September 11,2022, at the age of 71. Bill, a Spokane native, was born on March 22, 1951, and spent more than 40 years practicing law in Eastern Washington. He was the only person to serve two separate terms as the U.S. Attorney in the Eastern District of Washington. He was nominated in 1991 by President H.W. Bush and served until 1993, returning to the Spokane based office of Lukins & Clinton, where he was a principal. He later served under President Trump from 2019 to 2021. He is quoted as saying that “serving our great Country as the United States Attorney has been the highest honor and most fulfilling duty of my professional career.”

Bill obtained his bachelor’s degree from Washington State University and earned his law degree from the Gonzaga University School of Law. During his career, he actively supported the legal profession, including serving as president of the Washington State Bar Association and the Federal Bar Association for the Eastern District of Washington. He took great pride in serving on the board of the Legal Foundation of Washington, a nonprofit providing funds for civil legal services for low-income residents. Bill was a friend and supporter of law enforcement, recognizing the important work they do. Following his service as U.S. Attorney, he became a founding Board member of the Spokane Alliance for Fentanyl Education (“SAFE”).

A flag was flown over the Department of Justice on September 15, 2022, in Bill’s honor, and, in the tradition of NAFUSA, will be presented to his family.

Passing of Former U.S. Attorney Andrew Maloney

Andrew J. Maloney, former U.S. Attorney for the Eastern District of New York, and
former NAFUSA member, passed away on August 15, 2022, at the age of 90. He served as the U.S. Attorney in Brooklyn from 1986 to 1992, where he successfully tried the case that sent Mafia boss John Gotti to prison for murder and racketeering. He personally delivered the prosecution’s opening statement and one of its summations. During his tenure, the office obtained convictions against powerful New York politicians, including Mel Miller, and reputed bosses of the Lucchese and Bonanno crime families. Former U.S. Attorney for the Southern District of New York and NAFUSA member, Mary Jo White, worked as his deputy prior to becoming U.S. Attorney in Manhattan. She praised her former boss for understanding “the impact of the power that prosecutors wield and how really important it is to keep your humility and your moral compass about that.”

Mr. Maloney graduated from the United States Military Academy at West Point in 1954
and later served with the Army Rangers. After leaving the military he attended Fordham
University Law School at night and, after graduating in 1961, served as an Assistant United States Attorney in the Southern District of New York for over a decade. He was appointed by President Ronald Reagan as United States Attorney for the Eastern District of New York in 1986.

Current EDNY U.S. Attorney Breon Peace gave a statement mourning the passing of Mr. Maloney, describing him as having a “…passion for doing justice, a toughness honed as a boxer at West Point and Army Ranger, and supreme confidence in his prosecutors that resulted in amazing work during his tenure.”

A mass for Mr. Mahoney was held on August 22, 2022, honoring his life and his service
which was attended by many former U.S. Attorneys and federal prosecutors, including his son, Andrew. As is NAFUSA custom, a flag was flown over the Department of Justice in Mr. Mahoney’s honor and will be presented to his family.

Judge Gustave Diamond Dies at 93

Gustave Diamond, 93, former United States District Judge for the Western District of Pennsylvania and who served as the United States Attorney for the District (1963-1969) passed away at his home in McMurray, Pennsylvania on Saturday, October 30, 2021.

Judge Diamond attended Duke University on a football scholarship. He left Duke in 1946 to join the United States Navy, serving until 1948. Upon discharge from military service, he returned to Duke to finish his education under the GI Bill, graduated in 1951, and then worked at J&L Steel for one year before beginning night classes at Duquesne University School of Law.

After graduating from Duquesne in 1956, Judge Diamond served as a law clerk to federal Judge Rabe F. Marsh until 1961. Following his clerkship, he joined the United States Attorney’s Office in the Western District of Pennsylvania as an Assistant United States Attorney and then First Assistant. He was appointed the United States Attorney for this District in February 1963, serving for a time under U.S. Attorney General Robert F. Kennedy, and he remained in that office until June 1969. He subsequently was in private practice in Pittsburgh and Washington County until 1978.

President Jimmy Carter appointed Diamond to the United States District Court for the Western District of Pennsylvania in 1978, and he later served as Chief Judge of the Court for two years. One of the most highly publicized cases he presided over was United States v. Curtis Strong, tried in 1985, which involved the sale of cocaine to well-known Major League Baseball players, who had been granted immunity from prosecution in exchange for their testimony. The case attracted national interest, and the courtroom was filled to capacity for every court session, with half reserved for members of news media from around the country who covered the proceedings. Judge Diamond assumed Senior Judge status in 1994, and he maintained a full criminal case docket until his retirement on January 24, 2017.

During his 39 years on the bench, Judge Diamond was especially proud to have chaired the U.S. Judicial Conference Committee on Defender Services for five years. He also was extremely honored to have received the Century Club award as one of Duquesne University’s 100 outstanding graduates of its first century, the prestigious Solon Award of the American Hellenic Educational Progressive Association in 1993, the Ellis Island Medal of Honor in 1998, and the Robert E. Dauer Award for Judicial Excellence given by Amen Corner in 2012.

Judge Diamond relished his time serving as a federal district judge and often commented that there was never a day that he was not happy to go to work. He made an indelible mark on the legal community in Western Pennsylvania and beyond, inspiring all who were fortunate enough to have worked with him as a colleague, served as one of his law clerks, tried cases before him, interacted with him in the courthouse, or knew him as a friend.

Judge Diamond is survived by his beloved wife of 48 years, Emma Scarton Yoney Diamond; daughter, Margaret Ann Diamond; grandson Elias Gustave Diamond; and brothers Nicholas Diamond and Stanley Diamond.

Funeral service will be held at Holy Cross Greek Orthodox Church, 123 Gilkeson Road, Pittsburgh, Pennsylvania on Wednesday, November 3, 2021, 10-11AM. As is our custom, NAFUSA will request that an American flag be flown over Main Justice in Judge Diamond’s honor. It will be presented to his family as a token of the esteem with which he was held by his colleagues.

Judge Diamond is shown below with Attorney General Holder and NAFUSA member David Hickton (WD PA 2010-2016) who clerked for Judge Diamond (1981-1983)

J. Don Foster Dies at 76

Long time NAFUSA member and former member of the board of directors, John Donaldson Foster (“”Don””), age 76, died peacefully on October 23rd in Mobile, Alabama after battling a long illness.  He is survived by his wife, Kathy Quina Foster of Mobile, AL, his sister, Dr. Patricia Ann Foster (David) of Iowa City, IA; his children, Dr. Meredith Foster Herlong (Warren) of Fairhope, AL and John Harlan Foster (Marti) of Point Clear, AL; his step children Marion Albert Quina, III (Margie) of Nashville, TN and Elliott Richardson Quina (Kellie), of Mobile, AL; six grandchildren, Foster Horton, Emory Horton, Pierce Horton, Johnny Foster, Marykate Foster, and Harrison Foster; and four step grandchildren, Lauren Quina, Byers Quina, Elliott Quina, and Sage Quina.

Don was born in Mobile, Alabama. He moved to Foley, Alabama as a child and later attended Foley High School where he excelled in several sports, including football and baseball. During his career as a running back on the football team, Don and teammate Kenny Stabler led the Foley Lions to multiple state championships during an unrivaled era of football dominance for the school. Don still holds the career touchdown record to this day. Upon graduation from Foley High School in 1963 as an All-American High School Athlete, he attended Georgia Tech on a football scholarship, where he was coached by the legendary Bobby Dodd. After graduating with a BS from Georgia Tech in 1967, he then attended the University of Alabama law school and received his law degree in 1971. He also served in the U.S. Army Reserves from 1971-1975 where he achieved the rank of Captain.

Don was admitted to the Alabama Bar Association in 1971 and embarked upon what was to become a prolific legal career. He began work with the Mobile firm Gallalee, Denniston & Edington, where he practiced for several years before forming his own law firm in Baldwin County. Over the course of his long career, Don practiced in a variety of legal areas and was highly regarded by his peers for both his skills in the courtroom and his integrity in all areas of life. During his career, he practiced in many jurisdictions, was elected as Bar Commissioner by the Alabama State Bar, was appointed to the Alabama Judicial Inquiry Commission, and in January 1995 was appointed by President Bill Clinton to serve as the United States Attorney for the Southern District of Alabama. After his tenure as U.S. Attorney, he returned to private practice as co-founder of the firm Jackson & Foster, LLC, where he practiced until his retirement a few years ago.

A beloved husband, father and grandfather, Don was devoted to family, the practice of law, the University of Alabama, and many other civic causes where he left his mark as part of the fabric of his community. Don was known for his big smile, quick wit, and keen intellect. He will be deeply missed.

In lieu of flowers the family requests donations be sent to the Parkinson’s Foundation or a charity of choice.

A celebration of life will be held at Christ United Methodist Church (6101 Grelot Road in Mobile) on Wednesday, October 27 at 1:00pm followed by a reception for friends and family members at the Country Club of Mobile.

As is our custom, at NAFUSA’s request an American flag was flown over Main Justice today in Don’s honor. It will be presented to his family as a token of the esteem with which he was held by his colleagues.

Flag flown over Main Justice on October 26 in honor of J. Don Foster

Leon Kellner Dies at 75

Former United States Attorney Leon Kellner (SD Florida 1985-1988) died at his home in Coral Gables on Tuesday, October 5, 2021, after battling pancreatic cancer. He was raised by Jewish parents who escaped Nazi Germany and settled in New York City.  He practiced law at Anderson Russell Kill & Olick. Kellner was an experienced trial attorney in New York when his former Harvard Law School roommate, then U.S Attorney Stanley Marcus recruited him to come to Miami and join his staff.

The Miami Herald reported that Kellner was a highly sought after litigator in New York, which is why Marcus recruited him. Kellner served as the chief of the civil division, then as executive assistant and first assistant before becoming the United States Attorney in 1985.  His office successfully indicted former Panamanian dictator Manuel Noriega, who served 17 years in federal prison. Other highlights of time as U.S Attorney included successful prosecution of the Medellin Cartel and members of the “Miami River Cops.”

“He was a first-rate U.S. Attorney,” Marcus told the Herald. Marcus went on to serve as a federal district court judge, and on the 11th Circuit Court of Appeals, where he remains today.

Kellner is survived by his wife, Ellen, two daughters and four grandchildren. As is our custom, NAFUSA will arrange for an American flag to be flown over Main Justice in Leon’s honor and presented to his family as a token of the esteem with which he was held by his colleagues.

 

Thomas Sullivan, 91, Dies

Thomas Sullivan, who served as the United States Attorney for the Northern District of Illinois, 1977-1981, died on May 18 at his home in Wilmette, Illinois. He was 91. He was succeeded in office by NAFUSA member Dan Webb (1981-1985) and then by NAFUSA member Anton “Tony” Valukas (1985-1989).

Tom was best known for initiating “Operation Greylord” to root out bribery and case-fixing in the Cook County Circuit Court system. A total of 92 officials were indicted, including 17 judges, 48 lawyers and 10 deputy sheriffs. Outside of his time in public service, Tom spent most of his career at Jenner & Block along with Tony Valukas. He helped build the firm’s pro bono practice, including being part of an effort to end the death penalty in Illinois and working to free detainees from Guantanamo Bay.

He is survived by his wife, Anne Landau, and his daughters, Maggie Sullivan Cescolini and Liza Sullivan; a son, Tim; a step-daughter, Mimi Landau; and six grandchildren. Tom earned his law degree at Loyola University Chicago School of Law.

As is our custom, at NAFUSA’s request an American flag was flown in Tom’s honor over Main Justice and presented to his family as a token of the esteem with which he was held by his colleagues.