Laura Duffy Joins NAFUSA

Judge Duffy

Laura E. Duffy, former United States Attorney for the Southern District of California, is the newest member of NAFUSA. She served as United States Attorney for nearly seven years under President Obama, resigning January 5, 2017 after being appointed to the California Superior Court by Governor Edmund G. Brown. Judge Duffy is thrilled to have the opportunity to continue her public service in the Southern District of California as a jurist.

Under Judge Duffy’s leadership as United States Attorney from 2010-2017, the Southern District of California consistently maintained the fourth- highest felony filings in the nation. During her tenure, Judge Duffy oversaw dozens of complex investigations and prosecutions, including the massive corruption case against more than two dozen of the U.S. Navy’s highest-ranking officials – including two admirals – and the foreign defense contractor who bribed them. Duffy also successfully managed multiple high-profile RICO investigations and prosecutions of cartel leaders and gang-based sex-traffickers — all while ensuring the prosecution of thousands of immigration cases.

Judge Duffy’s national responsibilities included serving as a member of the AGAC and on several AGAC subcommittees and working groups. During 2015-2016, Duffy served as both co-chair of the Civil Rights Subcommittee and chair of the Security Issues Working Group.

Judge Duffy began her legal career with the United States Department of Justice in 1993. From 1993 to 1997, she was assigned at Justice Department Headquarters in Washington, D.C., first to the Criminal Division Money Laundering Section and later to the Narcotics and Dangerous Drugs Section. In 1997, Judge Duffy became an Assistant United States Attorney in the Southern District of California. Prior to being sworn in as U.S. Attorney, she was a Deputy Chief in the General Crimes Section of the office. From 1997-2008, Judge Duffy worked in the Narcotics Enforcement Section as an Assistant United States Attorney where she prosecuted high-profile OCDETF and HIDTA cases targeting large-scale drug trafficking and money laundering organizations operating internationally and in multi-jurisdictions throughout the United States.

Judge Duffy received her undergraduate degree in 1988 from Iowa State University and her law degree in 1993 from the Creighton University School of Law.

NAFUSA Board Meets in Charleston

On Saturday, April 29, 2017, the NAFUSA officers and board members met in Charleston, South Carolina, for the Spring Board Meeting. On Friday eventing, President Bart Daniel and his wife, Cindy, hosted a reception at their lovely historical home near the Battery.

President Daniel reported on the plans for the fall conference to be held at The Mayflower in Washington, DC, October 18-20, 2017. Registration will begin in July. The conference will open with an evening reception on Wednesday, October 18. The CLE programs will be held on Thursday and Friday mornings at The Mayflower, and will feature a panel on the False Claims Act moderated by Jack Selden; an ethics presentation; and a Supreme Court panel with Ted Olson, Paul Clement and Neal Katyal, moderated by Adam Liptak of The New York Times. Discussions are underway to hold a “Day at Justice”  for NAFUSA members at Main Justice with meetings with senior DOJ officials. Class reunions dinners will be held on Thursday evening, and the conference will close with a dinner on Friday night. Note the change in format from the old Thursday to Saturday night schedule to the new Wednesday-Friday plan. We have had a fall off in attendance on Saturday nights, due to folks needing to get back to their families, particularly those with small children. The board felt the new format should encourage members to stay for the entire program.

As Rich Rossman has expressed his desire to step down as the executive director, a  search committee has had several discussions which are continuing but there has not yet been a final candidate proposed. Rich advised that he is willing to continue for the present until the board decides on a successor. Anyone interested in the position should contact Bart Daniel at bart@bartdaniel.com.

As is our custom, board members paid their own travel and hotel expenses.

Larry Thompson Appointed Independent Compliance Monitor of VW

Larry Thompson

Volkswagen AG (VW) was sentenced in federal court in Detroit on April 21, 2017, after pleading guilty to three felony counts of: (1) conspiracy to defraud the United States, engage in wire fraud, and violate the Clean Air Act; (2) obstruction of justice; and (3) importation of merchandise by means of false statements. The parties’ plea agreement requires VW to pay a $2.8 billion penalty stemming from the company’s decade-long scheme to sell diesel vehicles containing software designed to cheat on U.S. emissions tests.

The parties also announced that the government had selected NAFUSA member Larry D. Thompson as an independent corporate compliance monitor who will oversee the company during its three-year term of probation.

VW stated,

Mr. Thompson will have a dual role as Independent Compliance Monitor and Independent Compliance Auditor, under the terms of Volkswagen’s plea agreement with the United States Department of Justice (DOJ) and a separate Consent Decree with the DOJ on behalf of the U.S. Environmental Protection Agency, respectively. Mr. Thompson will assess, oversee and monitor the company’s compliance with the terms of its settlements for a period of three years, including measures to further strengthen Volkswagen’s compliance, reporting and monitoring mechanisms and implementation of an enhanced compliance and ethics program. Mr. Thompson will also be tasked with certifying that Volkswagen’s compliance program is able to detect something like the diesel matter and prevent it from happening again.

Thompson joined the law firm of Finch McCranie, LLP in Atlanta, Georgia, as Counsel in July 2015 and is the former U.S. Deputy Attorney General (2001-2003). He served as the United States Attorney for the Northern District of Georgia (1982-1986). He currently serves as the John A. Sibley Professor of Corporate and Business Law at the University of Georgia School of Law. He also served as Executive Vice President of Government Affairs, General Counsel and Corporate Secretary of PepsiCo, Inc. Thompson earned his law degree at the University of Michigan.

Tony Valukas Steps Down as Chair of Jenner & Block

Tony Valukas

Crain’s Chicago Business reported on April 18, 2017, that NAFUSA member Anton “Tony” Valukas has stepped down as the chairman of Jenner & Block. Valukas has served as chairman since 2007. He will remain with Jenner as a senior partner.

Valukas served as the United States Attorney for the Northern District of Illinois from 1985 to 1989. He has also served as the Justice Department appointed examiner of the downfall of Lehman Brothers Holdings Inc., and represented the bankrupt assets of GM during the SEC investigation of the company’s pension accounting. In 2014, he issued his report of his internal investigation of General Motors regarding the failure of the company to fix a deadly safety defect, which was alleged to have led to at least 13 deaths.

He is a Fellow of the American College of TrIal Lawyers. He has been an instructor at the John Marshall School of Law and an Adjunct Professor of Law at Northwestern University School of Law. He is a graduate of Northwestern School of Law.

 

Frederick Lacey Dies, 96

NJ.com True Jersey reported on April 4, 2017, that Frederick B. Lacey, former U.S.

Frederick Lacey

Attorney for the District of New Jersey, died at 96 at home in Naples, Florida. Lacey was appointed by President Nixon in 1969 and only served one year before Nixon appointed him to the federal bench, where he served for 14 years.

NJcom True Jersey reports that

Lacey,…, quickly rose to prominence in his short tenure as the state’s top federal law enforcement official. With [NAFUSA member] Herbert J. Stern, who would succeed him as U.S. Attorney and also become a federal judge, Lacey and his office successfully prosecuted Newark Mayor Hugh J. Addonizio–who was linked at trial to mob boss Ruggerio “Richie the Boot” Boiardo–and the Hudson County Democratic powerbroker John V. Kenny.

“He was one of the state’s most prominent attorneys and he put his entire reputation on the line,” remembered Stern, recounting the extensive corruption in New Jersey and the speed at which Lacey went after it in a succession of high-profile trials.

“In a twinkling of an eye, the state changed,” Stern said.

 Lacey served as an assistant and chief assistant U.S. Attorney in New Jersey (1953-1955). He graduated from Rutgers University and served four years in the Navy during World War II. He graduated from Cornell University Law School. His wife Mary predeceased him. He is survived by seven children, 22 grandchildren and 16 great-grandchildren. Services have yet to be finalized.
NAFUSA has requested that an American flag be flown over Main Justice and presented to the family as a token of the regard with which he was held by his former colleagues.

Ed Tarver Merges with J. Edward Enoch to Form Enoch Tarver P.C. and Joins NAFUSA

Ed Tarver

Edward J. Tarver resigned as the United States Attorney for the Southern District of Georgia on March 11, 2017 and on March 26, 2017 announced the formation of Enoch Tarver P.C. in Augusta, Georgia. Tarver also joined NAFUSA in March following the announcement.

“I am extremely excited about this fantastic opportunity to merge with J Edward Enoch, P.C. It will be the firm that you select when professionalism, integrity and accountability matter,” said Tarver. “Ed Tarver and I began practicing in Augusta 25 years ago at the two largest firms in the area. Now we bring our years of experience serving clients in the government and private sector to form a new firm dedicated to providing the highest quality legal service available,” said J. Edward Enoch.

Tarver served in the United States Army for seven years as a Field Artillery Officer before entering law school. After law school, Tarver worked as a judicial law clerk to the Honorable Dudley H. Bowen, Jr., former Chief Judge of the U.S. District Court, Southern District of Georgia before entering private practice with Hull, Towill, Norman and Barrett (currently Hull Barrett) practicing general civil litigation and representing governmental entities.

While still in private practice, Tarver was elected to and served for five years in the Georgia General Assembly representing State Senate District 22. In the Georgia Senate, Tarver held the position of Secretary of the Banking and Financial Institutions Committee and served on the Appropriations, Economic Development, Government Oversight, Military Affairs and Special Judiciary Committees. Tarver also served on the Criminal Justice, Judicial and Public Safety Subcommittees to Appropriations, and on the Joint Economic Development Subcommittee of Regulatory Reform.
Tarver was nominated by President Barack Obama to be the 48th United States Attorney for the Southern District of Georgia, in September 2009. Tarver was the first African-American United States Attorney in the Southern District of Georgia.

Tarver served on the Attorney General Advisory Committee’s Controlled Substances and Asset Forfeiture Working Group, the Civil Rights Subcommittee and the White Collar/Fraud Subcommittee. He was also an active member of the Department of Justice’s Racial Disparities Working Group.

In a recent Opinion-Editorial, the Savannah Now opined that Tarver was “tough on crime, especially violent drug dealing,” Tough on public corruption,” and that he took a hard line against fraudsters.”

Tarver graduated from Augusta University (formerly Augusta College) with a bachelor’s degree in Political Science and then earned his law degree from the University of Georgia School of Law.

Barb McQuade Joins Michigan Law Faculty

Barbara McQuade

The University of Michigan Law School announced on March 14, 2017, that former U.S. Attorney Barbara McQuade, (ED Michigan 2010-2017), will join the faculty as a professor from practice, effective May 1, 2017. She will teach in the areas of national security, criminal law, and criminal procedure. She is also NAFUSA’s newest member.

“As a U.S. attorney, Barb oversaw more than 1,000 cases a year and a team of more than 100 attorneys. Her legacy includes an impressive number of important convictions, and our students will benefit tremendously from the experience and perspective she brings to the classroom,” said Mark D. West, University of Michigan Law School Dean and Nippon Life Professor of Law. “I am thrilled to welcome Barb home to Michigan Law as a member of our faculty.”

“I am honored to return to Michigan Law to teach the next generation of law students at a critical moment in our nation’s history. Michigan’s unique learning environment opened a new world of ideas for me when I was a student there, and I am thrilled to join its great faculty,” McQuade said. “Helping students to develop a deep understanding of our laws, courts, and legal system has never been more important.”

McQuade, the first woman to serve as U.S. attorney for the Eastern District of Michigan, was appointed by President Barack Obama, and sworn in on January 4, 2010. During her tenure, she oversaw many significant cases, including the conviction of former Detroit Mayor Kwame Kilpatrick and more than 30 others on public corruption charges; the conviction and life sentence of an Al-Qaeda operative for attempting to blow up an airliner over Detroit on Christmas Day 2009; the conviction and 45-year sentence of Dr. Farid Fata for Medicare fraud; the conviction and $4.3 billion fine against Volkswagen AG relating to emissions tests; the conviction and $1 billion fine against Takata Corp. for fraudulently concealing defective airbags; and settlements with local municipalities regarding enforcement of religious land use laws. McQuade also served as vice chair of the U.S. Attorney General’s Advisory Committee under Attorney General Loretta Lynch, and served as co-chair of the Terrorism and National Security Subcommittee from 2010 to 2017.

Before becoming a U.S. attorney, McQuade was an assistant U.S. attorney in Detroit for 12 years, serving as deputy chief of the National Security Unit. She prosecuted cases involving terrorism financing, foreign agents, export violations and threats, and served as the district’s crisis management coordinator. McQuade practiced law at the firm of Butzel Long in Detroit from 1993 to 1998, and served as a law clerk to the Hon. Bernard A. Friedman on the U.S. District Court for the Eastern District of Michigan from 1991 to 1993. From 2003 to 2009, McQuade served as an adjunct professor at the University of Detroit Mercy School of Law, teaching criminal law in the evenings. Born in Detroit, McQuade is a 1987 graduate of the University of Michigan and a 1991 graduate of Michigan Law.

 

Memeger Predicts No Falloff in FCA Enforcement

NAFUSA member Zane David Memeger told Law 360 in an interview published March 31, 2017, that he predicts no falloff in False Claims Act enforcement under AG Jeff Sessions.

“[Sessions] indicted that, from his perspective, the False Claims Act was a very valuable tools in terms of rooting out fraud, waste and abuse,” Memeger said. “He indicated he sees value in whistleblowers, he believes whistleblowers ensure that companies try to do the right thing, because if you’re concerned about having whistleblowers in your organization, the last thing you want them to do is go forward to the government. And he indicated that enforcement of the False Claims Act would continue under his administration.”

Law 360 “Ex-Philly US Attorney Predicts No Falloff in FCA Enforcement

Memeger served as the United States Attorney for the Eastern District of Pennsylvania from 1995 until January of this year, when he stepped down to rejoin Morgan Lewis. In the 2014 fiscal year, the $2.3 billion in fines and settlements brought in by the ED of Pennsylvania was “almost 10 percent of the total collected by the Department of Justice, reported Law 360.

NAFUSA President Bart Daniel announced that the October NAFUSA conference to be held in Washington, DC, will include a panel discussion on the False Claims Act, moderated by NAFUSA member Jack Selden, and featuring Michael Cranston, Director of the Civil Fraud Section, US Department of Justice.