Grand Jury Question

NAFUSA member Peter Vaira has asked that the following question be submitted to our members:

I am testifying before a special Grand Jury Task Force created by the Supreme Court of Pennsylvania to study changes to the state investigating grand jury, and would like to provide the following information. If your state has a grand jury, is there an official grand jury procedural manual, or some document that serves that purpose, and what government entity publishes it.  

Peter can be reached at



Robert Capers Joins Arent Fox and NAFUSA

On October 6, 2017, Arent Fox LLP announced the expansion of its New York office with the addition of former United States Attorney for the Eastern District of New York (2015-2017) Robert L. Capers. Following a public service career that included prosecuting high-profile cases involving public corruption, racketeering, and international narcotics trafficking, Capers will co-lead Arent Fox’s Government Enforcement & White Collar practice. Capers is also one of NAFUSA’s newest members.

Capers served as a prosecutor for over two decades. He began his career in 1996 at the New York County District Attorney’s Office under the legendary Robert M. Morgenthau, one of NAFUSA’s longest standing members. In 2003, Capers joined the United States Attorney’s Office for the Eastern District of New York, where as a line and supervisory prosecutor he led a number of complex investigations and prosecutions involving a wide range of crimes, such as racketeering, international money laundering, and public corruption.

He also tried and second-chaired to verdict more than two dozen criminal trials, including serving as co-lead counsel on the jury trial and conviction of a then sitting New York State Assemblyman for engaging in complex bribery and extortion schemes and the theft of government funds, which resulted in the longest sentence for a sitting New York State politician in recent history.

President Barack Obama nominated Capers in October 2015 to serve as the United States Attorney for the Eastern District of New York. He was confirmed by the US Senate in December 2015. Mr. Capers received his JD from Albany Law School and his BA from New York University.

During his tenure as United States Attorney, Capers gained international recognition for headline grabbing work that included: overseeing the extradition of Joaquin “El Chapo” Guzman, the head of the Sinaloa Cartel; obtaining the indictments and extraditions of nearly 30 FIFA officials; bringing groundbreaking FCPA investigations, including the investigation of a large Brazilian construction conglomerate and a Brazilian petrochemical company for engaging in a massive-in-scale bribery scheme involving government officials around the world; the investigation of a major US financial institution for its corrupt hiring practices in the Asia-Pacific region and the investigation of a US hedge fund for corrupt hiring practices in Africa; and overseeing the agreement by a large German bank to pay a record fine for misleading investors in its sale of residential mortgage-backed securities, which contributed to the 2008 financial collapse in the US.

“Rob has distinguished himself as one of the top prosecutors in the country and is a great addition to our world-class Government Enforcement & White-Collar group that now includes two former US Attorneys,” said Chairman Mark M. Katz. “With Rob’s exceptional background and reputation, his options were limitless. He chose Arent Fox because of our unique culture and outstanding group of partners. Rob’s innovative thinking and experience managing one of the busiest US Attorney’s Offices in the country will be an invaluable service for clients.”

“I am very excited to join the partners at Arent Fox,” said Mr. Capers. “The firm’s tremendous depth of talent, its culture of collegiality and collaboration, and commitment to public service through its robust pro bono practice make it a perfect fit for me. Arent Fox’s integrity, compliance, and white-collar work is second to none, and I am looking forward to working with such a vibrant and dynamic team to build upon its already impressive success.”

Arent Fox is the only law firm to carry out multiple compliance monitorships for the World Bank and is routinely selected for monitorships by the Department of Justice and the New York State Department of Financial Services.

Pat Miles Runs for AG of Michigan

(Photo:Kathleen Gray/Detroit Free Press)

NAFUSA member Pat Miles (WD Michigan 2012-2017) officially kicked off his campaign for state attorney general Thursday. Miles, a Grand Rapids Democrat, was appointed U.S. Attorney by former President Barack Obama, a former classmate at Harvard Law School.

Miles graduated from Aquinas College in Grand Rapids and got his law degree from Harvard. He returned to Grand Rapids and went into private practice until his appointment to the U.S. Attorney’s Office. He is of counsel in the Grand Rapids office of Barnes & Thornburg LLP.

Candidates for attorney general and secretary of state will be selected at political party conventions that will be held after the August primary election in 2018.

DC Conference to Feature Day at Justice

On Thursday afternoon of the October NAFUSA conference in Washington, NAFUSA members will be bused to Main Justice for a private session with senior DOJ officials. It will take place in the 7th Floor Conference Room and with feature NAFUSA members in a dialogue with the DOJ leaders.

Monty Wilkinson

Unfortunately, AG Jeff Sessions will be out of town and unavailable to attend, but will send a video welcome for the attendees. The AG, of course, is a former United States Attorney, having served twelve years in the Southern District of Alabama. The AG’s video will be followed by NAFUSA President Bart Daniel holding  a dialogue with the Director of the Executive Office for United States Attorneys (EOUSA) Monty Wilkinson.

Monty has held this office since 2014 and prior to being appointed Director, served as the Principal Deputy Director and Chief of Staff of EOUSA. Previously he served as Counselor and Deputy Chief of Staff to the Attorney General, and as Associate Deputy Attorney General.

Rachel Brand

NAFUSA Board Member Karen Hewitt will hold a dialogue with Associate Attorney General Rachel Brand, who was sworn in as the Associate on May 22, 2107. She serves as the third-ranking officer in DOJ. She previously served in the Department from 2003-2007, first as the Principal Deputy Assistant Attorney General for the Office of Legal Policy, and then as the Assistant AG for Legal Policy.


Rod Rosenstein


The last dialogue will be led by NAFUSA Board Member Ron Machen with the Deputy Attorney General Rod Rosenstein, who has spent over 27 years in government service. He began his career with the Department as an attorney with the AG’s Honor Program and most recently served as the U.S. Attorney for the District of Maryland from 2005 to 2017.


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Doug Jones Faces Roy Moore in Alabama Runoff

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

NAFUSA member Doug Jones would have been become NAFUSA’s president in October if he had not stepped down to run for Jeff Sessions seat in the United States Senate representing the State of Alabama. Now he faces former judge Roy Moore in the December special election, as Moore defeated Luther Strange in this week’s GOP primary.

It promises to be a spirited campaign with strong national implications. See today’s Washington Post,  Who is Doug Jones, and can he defeat Roy Moore in conservative Alabama?

FCA Panel Announced For DC

Jack Selden

This year’s NAFUSA conference will bring together experts on the False Claim Act for an update on this important area of federal practice. The panel will be moderated by NAFUSA Past President Jack Selden (Northern District of Alabama, 1992-1993). Selden, a partner at Bradley Arant Boult Cummings in Birmingham, has extensive experience in cases arising under the FCA and qui tam whistleblower actions, including winning a summary judgment on behalf of AseraCare Hopsice in 2016 in one of the most important cases in FCA history.


Michael Granston


The panel will include Michael Granston, who has served as the Director of the Civil Fraud Section of the Justice Department since 2013. In that capacity he is the leading federal attorney for cases under the FCA.







Jack Boese

He will be joined by Jack Boese, a nationally known expert on the FCA. Boese is the author of the book, Civil False Claims and Qui Tam Actions, commonly cited as authority by courts at all levels, including the United States Supreme Court. Boese is a member of the Litigation Department in Fried Frank’s Washington, DC office.




Bill Nettles

Two newer members of NAFUSA will round out the panel. Bill Nettles served as the United States Attorney for the District of South Carolina, where FCA claims was one of his top priorities. This resulted in his district becoming one of the top districts for false claims recovery. He is now in private practice with a nationwide false claims practice.





Carmen Ortiz


The other NAFUSA member to join the panel is Carmen Ortiz, District of Massachusetts, 2009-2017. She recently joined the law firm of Anderson & Kreiger, while also serving as a visiting professor at Boston College Law School.



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Click here to register for the 2017 NAFUSA Annual Conference

Social Media Panel at DC Conference

Friday morning’s CLE program at this year’s NAFUSA conference will include a panel discussion on the “Impact of Social Media on Investigations and Litigation,” Social media increasingly implicates legal considerations from the investigatory process to witness and jury strategy.  Within this broad and cutting edge topic, the program will focus on the effects of social media on participants in the justice system, the use of this new media as evidence, and its application as a basis for charges or legal claims. The program will take place from 10:15 AM to 11:45 AM.

Social media has had a profound and sometimes unexpected impact on civil litigation, white collar investigations, and jury trials.  Evidence derived from social media has served as the basis for prosecutions.  Social media history has complicated witness preparation, tainted witnesses,  and fueled fascinating cross-examinations and depositions. Maintaining the integrity of the jury trial process has been challenged by jurors’ intense interest in exploring social media commentary about a case where the court has charged jurors with finding the truth based on the evidence presented in the courtroom.  Our talented panel of experienced academics and practitioners will explore the issues and  impacts which social media brings to the investigation, litigation, and trial of complex fact patterns and inexplicable human behavior.  Social media communications and venues can transform the discovery, trial preparation, and issue resolution processes for today’s litigators.  Understanding the impact of social media on case development means that litigators today need to be aware how a tweet, a text, or a posting can dramatically complicate effective advocacy and the search for truth.

The panel will be moderated by Jay Stephens, past president of NAFUSA and presently counsel to the board. Jay is of counsel to the Washington office of Kirkland & Ellis and served as the senior vice president and general counsel and corporate secretary of Raytheon Company, during his illustrious career.




The experienced panelists include former D.C. Superior Court Judge Herb Dixon, known as the “Technology Judge”. Judge Dixon is the chair of the ABA Standing Committee on the American Judicial System and a former chair of of the National Conference of State Trial Judges.


Assistant U.S. Attorney Demian Ahn, from the District of Columbia will join the panel. He is a senior Computer Hacking and Intellectual Property prosecutor in the Cyber Unit;




The third panelist will be Paula Hannaford-Agor, the Director of the Center for Juries Studies at the National Center for State Courts. She has authored or contributed to numerous books and articles on the American jury system.




Click here to see speaker bios

Click here to register for the 2017 NAFUSA Annual Conference