Death of Richard Eagleton

Lifetime NAFUSA member Richard “Dick” Eagleton passed away on
November 23, 2024, at his home in Peoria, Illinois surrounded by his family.
He was 94. Dick served as the United States Attorney for the Central District
of Illinois during the Kennedy/Johnson Administration.

Dick graduated from Yale in 1952 where he was a member of ROTC. He
attended law school at the University of Illinois Law School after serving three
years of active duty in the Navy. He graduated law school in 1958 and
practiced law “taking whatever cases he could get” before being appointed
U.S. Attorney. He was proud to claim to be the only person to be appointed
U.S. Attorney from Peoria. He was elected 10th Circuit Judge in Illinois in 1970
where he presided for 20 years.

His years as a U.S. Attorney had a big impact on his life, and he enjoyed
exchanging stories about his experiences while in office. After retirement from
the bench, Dick, a third generation Eagleton to become a lawyer, spent time
carrying on his family’s tradition in the legal profession, becoming of counsel
to the Chicago based firm Hinshaw and Culbertson at its Peoria office. He
also enjoyed attending Cubs spring training and traveling with his wife, Joyce.

In fact, much of the traveling that Dick and his wife enjoyed during his
retirement years was to attend annual NAFUSA meetings throughout the
country. A longtime NAFUSA member, he greatly enjoyed visiting a different
location and socializing with younger NAFUSA members (most, if not all, were
younger than him) at the annual conferences. He was proud of the fact that he
was still attending the meetings and believed himself to be the only one
attending who dated back to the Kennedy/Johnson Administration of the
1960s. He was a familiar and welcome face at the annual conferences and
treasured his time there listening to “renowned speakers” and continuing
education programs. He was quoted as praising NAFUSA nonpartisanship
saying, “in a room full of lawyers … it’s hardly noticeable that politics are
involved, even though most have deep political roots.

In keeping with NAFUSA tradition, a flag was flown over the DOJ in his honor.
He will be greatly missed by his friends in NAFUSA.

Passing of NAFUSA Founding Member Victor Ortega

Victor R. Ortega, former United States Attorney for the District of New Mexico
and founding member of NAFUSA, died after a short illness on May 17, 2024,
in Corrales, NM. He was 91.

Victor, whose grandfather was a signer of the New Mexico Constitution, was
born and raised in Santa Fe, New Mexico. He attended Harvard University on
scholarship, graduating magna cum laude with a degree in applied physics in
1954. After graduation he was employed as a systems engineer on the Navajo
Guided Missile project until he was drafted for service in the U.S. Army. While
in the Army he graduated from the U.S. Army Guided Missile School at Ft.
Bliss, TX. Following military service, Victor was awarded a scholarship and
attended Harvard Law School, graduating in 1959. Following admission to the
New Mexico bar, he served as an Assistant District Attorney for the Second
Judicial District in Albuquerque until entering the private practice of law in
1961.

In 1969, Victor was appointed United States Attorney for the District of New
Mexico by President Richard Nixon. He was confirmed by the U.S. Senate and
served in that position under Presidents Nixon, Ford, and Carter until June
1978 when he returned to private practice with the law firm Montgomery and
Andrews in Santa Fe. While U.S. Attorney, Victor was appointed by Attorney
General Elliott Richardson to serve on the Attorney General’s Advisory
Committee (AGAC) and remained on that committee from 1973 to 1978,
serving as chair his last year. He was largely responsible for ensuring that the
AGAC became a permanent part of the DOJ.

Victor for many years was the senior litigator with Montgomery and Andrews,
concentrating primarily on complex commercial litigation. He represented
Southern Union Company in the New Mexico Natural Gas antitrust litigation
and the telephone company US West in the Inside Wire antitrust litigation.
He was for many years an avid runner and cyclist and completed a cycling
tour across the United States in 2000 at the age of 67. He enjoyed cycling in
Europe and skiing, both cross country and alpine, and loved fly fishing.

He is survived by his wife, Carol and his children John V. Ortega of Boulder,
CO, daughter Annamarie Shunny of Steamboat Springs, CO and
granddaughter Daniel Ortega of Seattle, WA. A flag has been flown in his
honor over the DOJ.

Bill Baer Receives the DOJ’s 2024 Sherman Award

 

On December 13, 2024, Attorney General Merrick Garland presented the
DOJ’s 2024 Sherman Award to NAFUSA member William “Bill” Baer. Baer
headed anti-trust enforcement at both the FTC and the DOJ, winning
important victories in high profile cases and garnering accolades for his work.
He was twice named the best competition lawyer in the world by Global
Competition Review and twice honored as the Best Antitrust Lawyer in
Washington by Best Lawyers. He was named by The National Law Journal as
one of “The Decades Most Influential Lawyers.” In 2015 the FTC honored him
with the Miles W. Kirkpatrick Lifetime Achievement Award.

Baer served as the Assistant Attorney General for the DOJ’s Antitrust Division
under President Obama from January 2013 to April 2016 and thereafter as
Acting Associate Attorney General, the third highest position in the DOJ, until
January 2017. Among other complex high-profile cases, Baer led the DOJ’s
challenge to the InBev-Modelo merger and the proposed merger between US
Airways and American Airlines, securing a settlement in that case which
required the airlines to relinquish their stranglehold on over 130 slots at some
of the country’s busiest airports. He is currently a partner at Arnold & Porter
and since January 2020 has been a visiting fellow in Governance Studies at
the Brookings Institution.

According to AG Garland, Baer is rightly regarded as a preeminent expert on
antitrust issues of every kind. “Throughout his life, Bill has been a fierce
believer in competition and in protecting competition in almost everything he
does.” Garland went on to describe Baer as “…a kind, wise, and inspiring
leader, devoted to the people of this department and to the people of this
country.”

NAFUSA Elects New Officers and Directors

NAUFUSA members elected a new slate of officers and directors at the general meeting held at the conclusion of conference programing in Oklahoma City in September. Former President Elect Donna Bucella was elected President for 2024-2025 (see article in the November 2024 newsletter) and Catherine Hanaway (ED Missouri) became President Elect. Tim Purdon (North Dakota) became Vice President, and Don Washington (WD Louisiana) became Secretary. Members elected Richard (Rick) Hartunian (ND New York 2010-2017) to fill the vacated Treasurer position. Rick should be familiar to many NAFUSA members since he previously served on our Board of Directors. He is currently a partner at Manatt, Phelps & Phillips, LLP.

Members also elected six new members to the Board of Directors replacing outgoing Directors Melinda Haag, Paul Fishman, Chuck Rosenberg, John Brownlee, Willy Ferrer and Carol Lam. The newly elected directors will serve a term of three years. In accordance with NAFUSA rules, three previously served in a Democratic administration and three in a Republican administration. The new directors are Booth Goodwin, Maria Chapa Lopez, Wendy Olson, Scott Schools, Ken Polite and Justin Herdman.

Booth Goodwin served as the United States Attorney for the Southern District of West Virginia from May 2010 through the end of 2015. He is a graduate of Washington and Lee University School of Law. Before becoming United States Attorney, he served as an Assistant in that office for nearly 10 years. He practices law at Goodwin & Goodwin in West Virginia.

Wendy Olson served as United States Attorney for the District of Idaho from 2010 to 2017. A native of Idaho, she received her law degree from Stanford University. After clerking for U.S. District Judge Barbara Jacobs Rothstein, she joined the Department of Justice’s (DOJ) Civil Rights Division until joining the Idaho U.S. Attorney’s Office as an Assistant in 1997. She is now a partner at Stoel Rives.

Maria Chapa Lopez served as U.S. Attorney for the Middle District of Florida from 2018 to 2021. She received her law degree from South Texas School of Law. She spent more than a decade as a judge advocate in the United States Army, leaving at the rank of lieutenant colonel. She worked as an Assistant in the MDFL office for 16 years and served as a DOJ Deputy Attaché in the U.S. Embassy in Mexico City before being named U.S. Attorney.

Scott Schools served as U.S. Attorney for South Carolina from February 2001 to November 2001 and U.S. Attorney for the Northern District of California 2007-2008. He served as Associate Deputy Attorney General at DOJ 2008-2013. He recently was appointed Chief Compliance Officer for OpenAI (see NAFUSA November 2024 newsletter).

Ken Polite served as U.S. Attorney for the Eastern District of Louisiana from 2013 to 2017 and was Assistant Attorney General for the Criminal Division July 2021 to July 28, 2023. He received his Juris Doctor from the Georgetown University Law Center. He is currently a partner with Sidley in Washington, D.C.

Justin Herdman served as United States Attorney for the Northern District of Ohio 2017 to 2021. He received his J.D. from Harvard. He served as an Assistant U.S. Attorney in Cleveland from 2006 to 2013. Prior to becoming U.S. Attorney, he was a partner at Jones Day and he rejoined that firm in 2021.

Passing of Ted Olson

Former U.S. Solicitor General Ted Olson died Wednesday, November 13 after suffering a stroke. He was 84. He led the Justice Department’s Office of Legal Counsel as Assistant Attorney General and later served as Solicitor General from June 2001 to July 2004. While in that office he argued 65 cases.

Olson, a longtime NAFUSA member, argued and won many landmark cases, including the high profile case Bush v. Gore, which resulted in the presidency going to George W. Bush. He continued to argue cases of high impact before the Court after his time as Solicitor General as a private lawyer.

His tenure as Solicitor General was marked by personal tragedy. His wife Barbara was on the highjacked plane that went down at the Pentagon. She was able to call him and tell him that her plane was highjacked and talk for several minutes before the line went dead.

Most of Olson’s legal career was in private practice. He was a member of the conservative Federalist Society, but also championed causes such as allowing “dreamers” to remain in the U.S. legally and striking down laws banning gay marriage. He was still practicing law up until a few days before his death.

Attorney General Merrick Garland released a statement praising Olson’s integrity, skill and dedication to the rule of law. “The passing of Ted Olson is an enormous loss the for the legal community. Ted was an extraordinary attorney and public servant whose
contributions to the Justice Department and the law will long be remembered.”

In keeping with NAFUSA tradition, a flag was flown in his honor over the Department of
Justice on November 18, 2024.

2024 NAFUSA Annual Conference Highlights

You may have heard the question, “Why hold the 2024 annual conference in
Oklahoma City?” You may have even asked the question yourself. The 195
NAFUSA members and guests who signed up for this year’s conference now
know the answer – OKC is fabulous with a modern upbeat welcoming vibe and
a walkable downtown and beautiful green spaces. The conference venue -the
National Hotel – wowed even the most experienced travelers with its stunning
art deco décor, amazing bars and restaurants, helpful staff and large
comfortable rooms. It was a great conference experience. Thanks, John
Richter, for bringing the conference to OKC!

The Wednesday night Opening Reception, sponsored again this year in fine
style by long-time NAFUSA supporter Guidepost Solutions, was held in the
National Hotel’s Library of Distilled Spirits. The “Library” was built into the
space which formerly housed the massive vault of the building’s original
tenant, the First National Bank. The imaginative and brilliantly lit space was
the perfect backdrop for reuniting with DOJ colleagues and old friends.

 

 

 

 

 

 

 

 

 

After opening remarks by NAFUSA president John Richter and Executive
Director Wendy Goggin, the CLE programming began on Thursday morning
with a presentation on the Intersection of Law, Ethics, and Public Relations in
High Profile Litigation and Investigations. The panel, moderated by Robert
Conrad, former U.S. Attorney WDNC and now Director of the Administrative
Office of the U.S. Courts, was a timely discussion of handling press/public
disclosures from the perspective of public relations experts and lawyers and
the benefits of working together on high profile matters.

The second panel of the day featured current and former DOJ officials
discussing emerging issues in cross-border enforcement and the challenges
facing DOJ, corporations and defense counsel. DOJ’s Director of the Office of
International Affairs and the Chief of the Criminal Division’s Money
Laundering and Asset Forfeiture Recovery Section joined Mark Mendelsohn,
former Deputy Chief of the Fraud Section for this presentation.

Conference attendees enthusiastically responded to the Conversation with
Former Ambassador to Russia, John Sullivan. His remarks were timely, candid
and displayed a wealth of understanding of historical events and how those
events shape the current landscape in Russia, Ukraine and the Middle East
and impact Americans. As one NAFUSA member opined, we learned so much
from him and could have happily listened to him speak all afternoon.

On Thursday afternoon, conference attendees were treated to tours of the
Oklahoma City National Memorial and Museum which was a short walk from
the conference hotel. The Museum is a powerful reminder of the tragedy of the
bombing of the Murrah Federal Building on April 19, 1995, in which 168 people
were killed. The tour featured the Survivor’s Wall, a tribute to the more than
600 people who survived the blast. Many NAFUSA members have personal
recollections of the horrors of that day or were involved with the investigations
and trials which followed. For those, and all the attendees who visited the
Museum, it was a sobering experience.

The program continued Friday morning after Thursday evening’s class dinners
at various OKC restaurants and night spots. Gary Restaino, USA Arizona and
vice-chair of the AGAC joined then Acting EOUSA Director Norm Wong for an
update on DOJ issues along with insight on USA staffing challenges. This was
followed by the annual Supreme Court Review, presented by Ethan Davis of
King & Spalding.

The last panel presentation was moderated by NAFUSA vice president
Catherine Hanaway and featured speakers with impressive backgrounds and
extraordinary breadth of knowledge on the topic of generative AI and its
ethical and practical uses in legal practice. After the presentation, the panel
fielded questions which demonstrated the importance of these issues to our
membership.

The final presentation of the morning before the general meeting and election
of officers and new board members, was the presentation of the J. Michael
Bradford Award. The remarks given by award members in the past have been
conference highlights and this year was no different. John Romano, AUSA DNJ
received the award from NAFUSA Secretary Tim Purdon, and then captured
the respect and admiration of conference attendees with his extraordinary case review of United States v Jackson, “Finding Justice After a Decade of
Prosecutions…”

The conference ended Friday night with a delicious dinner at Vast Restaurant,
the best view in Oklahoma and entertaining remarks by new board member
Scott Schools.

Donna Bucella Elected New NAFUSA President

Longtime NAFUSA member Donna Bucella was elected the 2024-2025 NAFUSA President at the general meeting in Oklahoma City (OKC) on September 27, 2024. Donna has been an active NAFUSA member, Director and Officer and, most recently, served as President Elect. She has successfully held a number of prestigious positions, both within government and in the public sector. She is currently Chief Compliance Officer for 7-Eleven, the largest convenience store chain in the United States.

Donna was appointed by President Clinton and unanimously confirmed by the U.S. Senate as U.S. Attorney (USA) for the Middle District of Florida in 1999 and was the first U.S. Senate confirmed female USA in the State of Florida. Prior to that she led the Executive Office for United States Attorneys (EOUSA) as Director from 1997-1999 after holding other leadership positions within that agency.

Donna is a graduate of the University of Miami School of Law and received a B.A. from the University of Virginia. After graduating law school, she served in the United States Army Judge Advocate General’s Corps on active duty from 1984-1987, followed by membership in the Army Reserve until 2008 when she retired with the rank of Colonel.

In addition to her positions within the Department of Justice, Donna held leadership
positions with the Transportation Security Administration and was recruited by then FBI
Director Roert Mueller to create the Terrorist Screening Center, a multi-government agency post 9/11 for consolidating the U.S. Government’s approach to terrorist screening. From 2010 -2013 she served as Assistant Commissioner, Office of Intelligence and Investigative Liaison with U.S. Customs and Border Protection (CBP). While in this position she was the recipient of the Presidential Rank Award.

Donna practiced law in firms in Miami, Florida, and Washington, D.C. and held positions
with the Bank of America, Perot Systems, Education Management Corporation and
Guidepost Solutions, L.L.C. where she was President, Compliance. She is the recipient of numerous awards including the U.S. Attorney General’s Exceptional Service Award, the highest award given by the Attorney General.

NAFUSA is fortunate to have such a highly qualified and committed former U.S. Attorney as our president for 2024-2025. She announced in OKC that the 2025 NAFUSA  Annual Conference will be October 8-10, 2025 in Washington, D.C. at the Willard Hotel. It will be great!

Scott Schools Named Chief Compliance Officer for OpenAI

Newly elected NAFUSA Board of Directors member Scott Schools has recently been
appointed Chief Compliance Officer for OpenAI, an artificial intelligence research and
deployment organization founded in 2015, headquartered in San Francisco. Scott served as the US Attorney for the Northern District of California 2007-2008 and South Carolina February 2001 to November 2001, as well as Associate Deputy Attorney General at the U.S.Department of Justice from January 2008 to February 2013. Most recently he was employed as Chief Ethics and Compliance Officer at Uber Technologies.

Scott was the keynote speaker at the NAFUSA 2024 Annual Conference in Oklahoma City, Oklahoma. In a conversation with then NAFUSA president John Richter at the conference’s closing dinner on Friday night, Scott described the importance of the role he held as the DOJ’s senior career official for over five years, a position held for many years prior to that by David Margolis. In that capacity he advised Attorneys General and Deputy Attorneys General on significant DOJ matters with a focus on ethics and professional responsibility.

U.S. Attorneys Meet in D.C.

United States Attorneys met for the last U.S. Attorneys Conference of the Biden
administration in Washington, D.C. earlier this month. U.S. Attorneys have met in similar
conferences in D.C. since 1939. The 2024 U.S. Attorneys Conference, held at Main DOJ, was a two and a half day meeting beginning on Tuesday, September 10th with most Districts represented. It was, as NAFUSA members most likely recall from their own days as U.S. Attorneys, an opportunity to get together with colleagues from other districts whom they have met through work on cases or interaction on AGAC subcommittees. We hope they continue to maintain these relationships through NAFUSA membership!

The Conference consisted, in large measure, of presentations highlighting progress and
challenges over the past year addressing program areas including violent crime, fentanyl and other drug cases. It is no surprise that significant attention was focused on increased efforts to ensure maintaining election integrity.

The conference culminated with an address by Attorney General Merrick Garland (AG) on Thursday in the Great Hall. He thanked the more than 115,000 Department of Justice employees for their work on behalf of the American people and for their “ironclad
commitment to the principles of fairness and impartiality that have long guided it…”
The title and theme of the AG’s remarks was “An Independent Justice Department”
reminding prosecutors of the enormous power they hold as federal prosecutors and the
responsibility that comes with it. He also talked about his first job at the Justice
Department working for Attorney General Civiletti in which he assisted on a project to
formalize a set of norms to guide the work of the DOJ. The result was Principles of Federal Prosecution first published in 1980 and now a main fixture in the U.S. Attorneys Manual.

The full text of the Attorney General’s remarks as delivered can be found on the attached link:

An Independent Justice Department

DOJ and the importance of maintaining the independence of the DOJ and the work of the U.S. Attorneys Offices.