Ed McDonough Dies, 77

Ed McDonough

Edward Bailey McDonough, Jr. passed away peacefully with his wife, Dianne, and family friends by his side on May 5, 2017 at the University of Texas Medical Branch Galveston after a battle with heart disease. Ed was one of the founding members of NAFUSA and a past president. He was born in Galveston, in a family with a long history in Galveston commerce, notably McDonough Iron Works. Ed attended Notre Dame earning a Bachelor’s Degree in Economics. He then returned to Texas and graduated from the University of Texas School of Law.

After a year of private practice in Houston, Texas, Ed joined the Harris County District Attorney’s office. In 1969 he became an Assistant United States Attorney for the Southern District of Texas, and a year later became Chief of the Criminal Division. In 1974 President Gerald D. Ford appointed Ed as United States Attorney for the Southern District of Texas. His distinguished career included serving as lead prosecutor in the USA v. George Parr case involving voter fraud in South Texas, a chapter in Texas politics which gave rise to many books about the Duke of Duval, as the defendant was known. Ed also served as lead prosecutor in the case involving the bombing of the Pacifica Radio Station in Houston, Texas. In 1968 Congress authorized federal authorities to obtain court orders to intercept communications of individuals suspected of violating federal criminal laws. In the early 1970s, Ed tried in Federal Court in Victoria the first criminal case in the Southern District of Texas resulting from a court-authorized wiretap. After leaving public office, he pursued the private practice of law defending white-collar crime accused.

Ed McDonough’s work in law earned many honors and awards, including letters of commendation from the Attorney General of the United States, the Internal Revenue Service, and a Special Achievement Award from the Attorney General of the United States. He became Board Certified in Criminal Law and was also active in professional organizations for lawyers, including serving as a Director of the State Bar of Texas, a Fellow of the Houston and Texas Bar Foundations, the National Association of Former U.S. Attorneys (President, 1986-1987), Federal Bar Association, Southern District of Texas Chapter (President, 1976), the National Health Lawyers Association, the College of the State Bar of Texas (Director, 1995) and the American Health Lawyers Association. Ed lectured extensively, including to the National Home Health Care Association Annual Law Symposium, the American Bar Association Institute on White Collar Crime, the Texas Association for Home Care, the National Association of Former United States Attorneys, the Wednesday Tax Forum of Houston, and the Texas Health Defense Network. In 2014 the State Bar of Texas recognized Ed as a Fifty Year Lawyer.

Following the tradition of the McDonough clan’s association with the sea, Ed had a lifelong love affair with sailing. He was an accomplished sailor and was one of the first sailboat owners to be accepted by Lakewood Yacht Club where he moored “Caviar”, his prized 47’ sailboat.

Social activities rounded life and included lifelong associations with the Galveston Artillery Club, the Galveston Country Club, and the Alley Theater as a season ticket holder for 45 years. Ed and his wife, Dianne, never missed a Mardi Gras party and were active in Galveston through the Knights of Momus since its revival as a Galveston Mardi Gras Krewe in 1985. As a Charter Member of the Krewe of the Knights of Momus, he served as President, Ball Captain, Ball Chairman, and reigned over Galveston Mardi Gras as King Frivolous LXXXIV in 1999.

A deeply spiritual man and devout Catholic, Ed was a member of Saint Mary Basilica and served on the Advisory Board for Holy Cross Chapel, Houston, Texas. He served several decades on the Development Board for the University of Texas Medical Branch at Galveston and was an Advisory Board member of the Grand 1894 Opera House in Galveston.

Ed is survived by his wife Dianne of 41 years. Following a private burial, friends are cordially invited to a Rosary at 10:30 in the morning of Friday, May 12, 2017, at Saint Mary Basilica, 2011 Church in Galveston, Texas. A funeral Mass will immediately follow the Rosary. NAFUSA member Ron Woods will be among the honorary pallbearers. In lieu of customary remembrances, contributions in Ed’s memory may be made to the Salvation Army, Saint Mary Basilica (Galveston), and the Alley Theatre.

As is our custom, NAFUSA arranged for an American flag to be flown over Main Justice on Monday, May 15, in honor of Ed, and Ron Woods presented it to Diane at the Galveston Artillery Club following the funeral as a token on the esteem in which Ed was held by his former colleagues.

 

Carole Rendon Joins BakerHostetler

Carole Rendon

BakerHostetler announced on May 1, 2017, that Carole S. Rendon, former United States Attorney for the Northern District of Ohio, has joined the firm as a partner in the Cleveland office. Rendon served in the U.S. Attorney’s Office for the past seven and a half years as the First Assistant U.S. Attorney and, since Feb. 6, 2016, as the United States Attorney, a position in which she was a nationally recognized leader in confronting cybersecurity challenges and the opioid epidemic. Rendon was unanimously confirmed by the United States Senate on July 14, 2016. She, along with her remaining U.S. Attorney colleagues, resigned at the direction of the Trump administration on March 10, 2017. Rendon is NAFUSA’s newest life member and joins former colleague and NAFUSA member Steven Dettelbach.

As the chief federal law enforcement officer for the Northern District of Ohio, Rendon enforced a wide range of criminal and civil statutes, including the prosecution of public corruption, civil rights, drug trafficking, consumer fraud, human trafficking, firearms crimes and other violations. She has a particular depth of knowledge regarding the Foreign Corrupt Practices Act (FCPA), Racketeer Influenced and Corrupt Organizations (RICO) Act, and monitorships. She also oversaw the U.S. Attorney’s Office’s high-profile civil litigation and served as lead counsel on several significant civil matters, including the consent decree with the City of Cleveland providing comprehensive reform for the Cleveland Division of Police. A passionate advocate for the community, Rendon helped establish the Northeast Ohio Business Ethics Coalition, the U.S. Attorney’s Heroin and Opioid Task Force and the Northeast Ohio Cyber Security Consortium, where she brought together the region’s largest employers and most respected institutions.
Early in her career, Rendon spent 10 years as a federal prosecutor in the U.S. Attorney’s Office in Boston. She began in the Organized Crime Strike Force, handling complex multi-defendant public corruption, RICO, international alien smuggling and money laundering prosecutions, ultimately serving as chief of the Organized Crime Drug Enforcement Task Force. Previously in private practice, Rendon developed broad experience in white collar criminal defense and complex civil and commercial litigation in federal and state courts.

“It’s not every day you meet someone with Carole’s wide-ranging experience handling white collar crime, commercial litigation and other civil matters,” said Ray Whitman, chair of the Litigation Group. “When you combine her trial capabilities with her commitment to helping others, she adds significant depth to our Litigation Group. We are very excited to have Carole join BakerHostetler.”

“For the past seven and a half years, I have had the privilege to serve the people of the Northern District of Ohio, overseeing the most significant criminal and civil matters and engaging with the community on the most challenging problems facing our district. Transitioning from government service, I wanted to ensure that I could continue this important work, and my role at BakerHostetler will provide me with that opportunity,” said Rendon. “I am looking forward to working on both criminal and complex civil matters with a team nationally recognized for its deep bench of talented litigators.”

Her practice will focus on representing corporations and individuals in high-stakes litigation and corporate investigations, white collar defense and civil matters, including contract disputes, real estate litigation, legal malpractice defense, trade secrets litigation, antitrust matters, and False Claims Act litigation. She will advise companies in a multitude of industries, such as healthcare, technology, manufacturing, banking, financial services and telecommunications.

Rendon earned her J.D. from the Northwestern School of Law, cum laude, in 1987, and her B.A. from Northwestern University, summa cum laude, in 1984. Immediately following law school, she served as a law clerk for the Honorable Joel M. Flaum of the United States Court of Appeals for the Seventh Circuit. She is a frequent speaker and presenter on white collar crimes, business ethics, consumer fraud, cybersecurity, human trafficking, hate crimes, mental health, addiction and discrimination.

BakerHostetler’s Chambers USA-ranked White Collar Defense and Corporate Investigations team is composed of some of the country’s most experienced and seasoned lawyers, many of whom have served as former federal and state prosecutors and SEC enforcement attorneys. Team members have represented Fortune 50 companies and major hedge funds before the SEC, the Department of Justice, the Internal Revenue Service, the Federal Trade Commission, and other federal and state regulatory agencies.

See related Crain’s Cleveland Business May 7, 2017

Willy Ferrer Joins Holland & Knight

Willy Ferrer

One of NAFUSA’s newest members, Wifredo A. “Willy” Ferrer, has joined Holland & Knight as a partner in the Miami office. Ferrer, the former U.S. Attorney for the Southern District of Florida, will lead the firm’s Global Compliance and Investigations Team.

Under Mr. Ferrer’s leadership, the U.S. Attorney’s Office in the Southern District of Florida handled more than 11,000 cases and charged more than 18,000 defendants for their alleged roles in criminal schemes. The office prosecuted a wide range of financial fraud, including investment and securities fraud as well as fraud against the U.S. government and the Medicare program. Mr. Ferrer directed cases involving international and domestic terrorism, narcotics trafficking, money laundering, public corruption, violent crime and human trafficking.

“Willy Ferrer is one of the most respected government officials in South Florida. He has an impeccable reputation in our profession,” said Steven Sonberg, managing partner of Holland & Knight. “We are proud that he has chosen to continue his remarkable career at Holland & Knight.”

The move to Holland & Knight reunites Ferrer with John Hogan, who currently serves as head of the firm’s Litigation Section. They previously worked together at the U.S. Department of Justice, while Hogan was chief of staff to the late U.S. Attorney General Janet Reno.

At Holland & Knight, Ferrer’s practice will focus on international and domestic investigations for corporate clients, including Foreign Corrupt Practices Act matters. He will utilize the firm’s strong Latin America Practice to assist clients in the region. He will represent companies and individuals facing enforcement actions, complex litigation and other compliance issues. Ferrer also will use his considerable background in the areas of healthcare and financial services regulation to advise companies on compliance with federal and state laws.

Ferrer was nominated as a U.S. Attorney by President Barack Obama and received unanimous confirmation from the U.S. Senate in April 2010. Prior to serving as a U.S. Attorney, Ferrer was Chief of the Federal Litigation Section for the Miami-Dade County Attorney’s Office from 2006 to 2010 and an Assistant U.S. Attorney for the Southern District of Florida from 2000 to 2006.

Ferrer received his J.D. degree, cum laude, from the University of Pennsylvania Law School and his A.B. degree from the University of Miami, where he graduated first in his class.

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.