Squire Patton Boggs announced on February 20, 2020,  that former United States Attorney for the Southern District of Ohio Ben Glassman will join the firm as a partner in its Government Investigations and White Collar Practice Group. A first chair trial lawyer who tried multiple cases to jury verdict and who has argued more than 100 federal appeals, including two en banc cases, Glassman will add substantial experience to the firm’s disputes capabilities. Ben is also NAFUSA’s newest member.

“Ben has served his country with distinction and has earned a reputation for skill and integrity. We are delighted to welcome him back to the firm,” said chair and global CEO Mark Ruehlmann.

“We are thrilled that Ben has chosen to rejoin Squire Patton Boggs,” said Cincinnati office managing partner Scott Kane. “The expertise Ben gained at the Justice Department will add even greater depth to our market-leading white collar practice and will be attractive to clients facing sensitive, high-stakes matters.”

A graduate of Rice University and Harvard Law School, Glassman joined the U.S. Attorney’s Office in 2005 after serving as a litigation associate at Squire, Sanders & Dempsey (now Squire Patton Boggs). After becoming Acting United States Attorney in March 2016, he has served as United States Attorney for the Southern District of Ohio since his appointment to that position by Attorney General Loretta Lynch in October 2016. He previously served as First Assistant United States Attorney, Acting Criminal Chief and Appellate Chief.

In addition to serving as the United States Attorney for the S.D. of Ohio, Glassman served on the Terrorism and National Security Subcommittee of the Attorney General’s Advisory Committee, the Heroin & Opioids, Healthcare Fraud, Domestic Terrorism, and MS-13 Working Groups, and the interagency Domestic Terrorism Executive Committee and the Ohio High Intensity Drug Trafficking Area executive board.

“Ben’s experience and credentials are impeccable and he is widely respected both nationally and across Ohio,” said Joe Walker, partner and head of the firm’s Government & White Collar Practice. “His addition will bring even greater positive momentum to our government investigations and white collar practice.” Added Lauren Kuley, partner and co-chair of the firm’s Supreme Court and appellate practice: “Ben’s experience and national reputation for appellate advocacy are second to none. He is an exciting addition to our team.”

Under Glassman’s leadership the US Attorney’s Office pursued a number of significant cases. These include: the United States’ first-ever indictment and extradition of an alleged Chinese intelligence officer for attempted economic espionage, prosecuting a global manufacturer and distributor of power systems for FCPA violations, obtaining guilty pleas from three South Korean companies for rigging bids on United States Department of Defense fuel supply contracts, prosecutions arising out of several of the most significant financial frauds in the history of Ohio and West Virginia, the first-ever federal carfentanil-trafficking case, criminal civil rights prosecutions for hate crimes and other offenses under color of state law, crimes of public corruption, and far-reaching investigations and prosecutions for exploitation of the most vulnerable.

Glassman commented, “Returning to Squire Patton Boggs is an exciting homecoming. The firm has top-tier white collar and litigation practices, with a deep bench of talent, including a number of former prosecutors. I am looking forward to working with clients across the firm’s national and international network of offices.”

Glassman stepped down as US Attorney on November 1, 2019. He will split time between the firm’s Cincinnati and Columbus offices.

Benjamin Greenberg

On December 4, 2019, Global law firm Greenberg Traurig, P.A. announced it had expanded its Miami office White Collar Defense & Special Investigations Practice and Litigation Practice with the addition of Shareholder Benjamin G. Greenberg, a former  U.S. Attorney for the Southern District of Florida. Greenberg spent nearly 20 years with the U.S. Attorney’s office, and most recently served in the role of Senior Litigation Counsel. Ben is also NAFUSA’s newest member.

Greenberg is an experienced trial attorney who has tried more than 20 cases to verdict. He has handled numerous government investigations regarding issues involving the Foreign Corrupt Practices Act (FCPA), health care fraud, financial institution fraud, money laundering, the Bank Secrecy Act, the False Claims Act (FCA), and the Anti-Kickback Statute (AKS).

“It is a pleasure to welcome Ben to our team of veteran white collar defense and litigation attorneys in Miami, where he will be an asset to the Greenberg Traurig platform in Florida, around the country, and globally,” said Matthew B. Gorson, senior chairman of Greenberg Traurig.

“Ben has a long and impressive history in the Southern District of Florida, which, combined with his healthcare industry focus and cross border experience, will help clients looking for guidance in high-stakes white collar investigations involving the Department of Justice,” said Jaret L. Davis, co-managing shareholder of Greenberg Traurig’s Miami office.

Greenberg’s significant knowledge in health care fraud matters derives from his role as U.S. Attorney in Florida, which consistently ranks as the number one state in the nation for the volume of health care fraud matters, the dollars lost in them, and dollars collected in their prosecution.

“Whether it’s the threat of a government investigation or preventive counseling, Ben’s well-rounded experience will be an invaluable resource to our clients as they navigate the complexities associated with these investigations,” said Nathan J. Muyskens, co-chair of Greenberg Traurig’s Global White Collar Defense & Criminal Investigations Practice. “His arrival helps bolster our already strong capabilities in white collar defense, and internal and government investigations to meet increasing client demand.”

As the U.S. Attorney for the Southern District of Florida from March 2017 to September 2018, Greenberg served as the chief federal law enforcement officer for one of the largest and busiest offices in the country, responsible for overseeing more than 200 attorneys and close to 500 employees. In this capacity, he worked closely with the Criminal Division and the National Security Division in Washington to supervise high-profile and complex cases in South Florida. Greenberg also traveled abroad to meet with senior law enforcement officials regarding joint investigations and to develop strategies for combatting transnational crime.

Prior to assuming leadership of the office, Greenberg held a variety of senior management positions at the U.S. Attorney’s Office. As First Assistant U.S. Attorney, he actively participated in and approved major investigative and prosecutorial decisions in all areas of criminal litigation, including FCPA, white collar, money laundering, and national security cases, as well as in civil cases under the FCA and the Federal Tort Claims Act. His other roles within the U.S. Attorney’s Office for the Southern District of Florida include chief of the Narcotics Section, chief of the Special Prosecutions Section, and Deputy Chief of the Major Crimes Section.

“I thoroughly enjoyed my work in government, handling criminal and civil matters locally, nationally, and internationally. As I begin this new chapter in my career, I am excited to join one of the country’s preeminent white collar practices,” Greenberg said. “Greenberg Traurig is the perfect firm for me to deploy my knowledge and skills, as it is the only home-grown firm in South Florida with a truly global platform. I look forward to building on the firm’s robust success and utilizing my experience to advise clients regarding their most challenging legal issues.”

Greenberg received his J.D. from Georgetown University Law Center and his B.A. cum laude from the University of Pennsylvania. He also served as a law clerk for the Hon. Jon Phipps McCalla, U.S. District Court for the Western District of Tennessee.

Ben joins former United States Attorneys Sam Skinner, John Pappalardo and Troy Eid at Greenberg Traurig.

NAFUSA member Bill Baer is joining the Brookings Institution as a visiting fellow in Governance Studies, where he will focus on antitrust and competition policy. Bill has served as a leader in U.S. federal antitrust enforcement for over four decades, most notably as Assistant Attorney General in charge of the Antitrust Division at the Department of Justice from 2013 to 2016 and as Director of the Bureau of Competition at the Federal Trade Commission from 1995 to 1999.

During his tenure as Assistant Attorney General, the Antitrust Division achieved numerous successes in civil and criminal enforcement. As Acting Associate Attorney General from 2016 to 2017, Bill oversaw the Antitrust, Civil, Civil Rights, Tax, and Environment and Natural Resources Divisions and led efforts to hold financial institutions accountable in the residential mortgage-backed securities crisis, securing record penalties and consumer redress.

Bill also worked at the Federal Trade Commission from 1975 to 1980 as Attorney Advisor to the Chairman and Assistant General Counsel for Legislation and Congressional Relations. In addition to his public service, Bill headed the antitrust practice at Arnold & Porter, representing a broad range of companies in U.S. and international cartel investigations, antitrust litigation, and mergers and acquisition reviews by antitrust enforcers, including the DOJ, FTC, state attorneys general, and the European Commission.

Bill was twice named by Global Competition Review as the best competition lawyer in the world; honored by Best Lawyers as the best antitrust lawyer in Washington in 2010 and 2012; and named by The National Law Journal as one of “The Decade’s Most Influential Lawyers.” In 2015, the Federal Trade Commission honored him with the Miles W. Kirkpatrick Lifetime Achievement Award. In 2017, the American Antitrust Institute presented him with the Alfred E. Kahn Award for Antitrust Achievement.

Bill received his JD in 1975 from Stanford Law School, where he served as Senior Article Editor of The Stanford Law Review, and his BA in 1972 from Lawrence University, which recently awarded him its Distinguished Alumni Achievement Award.

In early January, Carrier Corporation announced that NAFUSA life member and former board member Kevin O’Connor has been appointed as Carrier’s Vice President, General Counsel & Government Relations, responsible for both functions globally.

“Kevin joins Carrier from Point72 where he served as Chief Legal Officer for the past four years. He will be a member of Carrier’s Executive Leadership Team, reporting to me, and his appointment will be effective in early January. Kevin will be based in Palm Beach Gardens, Florida.

As a standalone company Carrier’s legal landscape will be of greater consequence than ever before. In his new role, Kevin will provide leadership for the company’s legal and regulatory affairs, ethics and compliance programs and corporate governance activities, as well as develop and execute advocacy strategies to support business growth.

Kevin is a proven leader with more than 25 years’ experience, bringing to the role a strong combination of experience in government and the private sector, including at the U.S. Securities and Exchange Commission, as U.S. Attorney for Connecticut and Associate Attorney General of the United States, serving as the third-ranking member of the Department of Justice. Before joining Point72, Kevin served as the head of Global Ethics and Compliance for United Technologies. Kevin brings strong experience to Carrier and he will be a significant asset as we transition to our future state,” said Dave Gitlin, Carrier’s President & CEO.

King & Spalding today announced on January 8, 2020, that former Deputy Attorney General and NAFUSA member Rod Rosenstein has joined the firm’s Washington, D.C., office as a partner on its Special Matters & Government Investigations team.

Rosenstein spent almost two decades in senior legal management and leadership positions at the U.S. Department of Justice during the administrations of Presidents George W. Bush, Barack Obama and Donald Trump, including as Deputy Attorney General (2017 to 2019) and United States Attorney (2005 to 2017). Prior to his appointment as the Department’s second-highest ranking official, he was the longest-serving Senate-confirmed U.S. Attorney in recent history.

“Rod Rosenstein is an exceptional trial lawyer, strategist and leader with unquestioned integrity and toughness,” said Robert D. Hays, Jr., chairman of King & Spalding. “His arrival underscores the firm’s longstanding commitment to effective advocacy on the most complex and highest stakes government-related matters. Our clients will benefit from the unique experience of Rod and other senior government officials working together as a team. His arrival reflects the firm’s intent to continue building leading practices led by extraordinary lawyers to serve clients on their most pressing and sensitive needs.”

With his vast prosecutorial and enforcement background, Rosenstein becomes another critical member of King & Spalding’s Special Matters & Government Investigations team, which assists clients—corporate, institutional and individual—in sensitive and reputational legal challenges, including many involving government agencies, legislative bodies or state Attorneys General. In the past two years, the firm has significantly ramped up the group with an all-star roster of former senior Justice Department officials, including former Deputy U.S. Attorney General Sally Yates, former U.S. Attorneys John Richter, Zachary Fardon,  John Horn and Jim Vines, former Associate Deputy Attorney General Alicia O’Brien and former FBI Chief of Staff Zack Harmon. Other former senior officials recently joining the firm include former Director of National Intelligence Dan Coats and former General Counsel for the Office of the United States Trade Representative (USTR) and acting USTR Stephen Vaughn.

Rosenstein said, “I worked with many current and former firm lawyers in both Republican and Democratic administrations, and I learned that some of the best lawyers in the world work at King & Spalding. When considering where to go after leaving the Department of Justice, it became clear to me why so many former government officials choose this firm. With an unparalleled depth of experience across its practice groups and a long and distinguished record of success in courtrooms, King & Spalding is a bipartisan firm that focuses on helping clients resolve complex and sensitive matters in the United States and abroad. The inclusive and collaborative culture allows every client to benefit from the broad expertise and deep insight of more than 1,100 exceptional lawyers throughout the firm’s 21 offices. I look forward to working with my new colleagues to expand the firm’s government investigations, national security and cybersecurity practices.”

Rosenstein conducted complex investigations and handled litigation in trial and appellate courtrooms as Principal Deputy Assistant Attorney General for the Department’s Tax Division (2001 to 2005), as an Assistant U.S. Attorney for the District of Maryland (1997 to 2001), and as an Associate Independent Counsel (1995 to 1997).

Rosenstein started his legal career in 1989, as a law clerk to Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the D.C. Circuit. He first joined the Department of Justice as a trial attorney in the prestigious Public Integrity Section of the Criminal Division (1990 to 1993), before serving as counsel to the Deputy Attorney General and the Assistant Attorney General for the Criminal Division (1993 to 1995). In these and other roles, he received dozens of awards and honors for his performance. In addition, Rosenstein gained impressive trial experience while representing the United States at 23 jury trials and arguing 21 appeals in various appellate courts around the country, including the 2018 U.S. Supreme Court criminal case of Chavez-Meza v. United States, in which the Court ruled in favor of his argument.

Rosenstein graduated from the University of Pennsylvania’s Wharton School, with a B.S. in Economics, summa cum laude and Phi Beta Kappa. He earned his J.D., cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review.

As we reported on December 1, 2019, William Ruckelshaus passed away on November 27, 2019. He will be fondly remembered by NAFUSA members who were present at the annual conference in Seattle in 2009 when he gave the keynote address, the first time he publicly spoke of the “Saturday Night Massacre.” On January 4, 2020, the Seattle Times published Past NAFUSA President Mike McKay’s personal essay about Bill Ruckelshaus and the memorable address in 2009. Click her to read  William Ruckelshaus, a man for all seasons . 

Bart Daniel

NAFUSA Past President Bart Daniel’s latest book, Health Care Fraud & Collateral Consequences, Third Edition, has been published by the South Carolina Bar.

Aggressive fraud enforcement in the health care arena was almost unheard of prior to the passage of HIPAA in 1996, which forever changed the enforcement landscape. In addition to creating a specific health care fraud offense, it funded new prosecutor, auditor and agent positions to ferret out and prosecute health care offenders. The 2010 Affordable Care Act (ACA) built on HIPAA, providing additional tools for more aggressive enforcement. In the field, talented and creative Assistant U. S. Attorneys opened an entirely new frontier with the advent of “data mining” where potential health care fraud could be identified in real time.

This publication discusses the impact of these additional weapons of enforcement and the wide-ranging case law which has followed. Whether it’s big Pharma, large scale hospital systems or the day-to-day operations of a small town pharmacy or a behavioral service provider, submission of claims for payment to the Medicare/Medicaid/Tricare programs has become a minefield for the unwary.  Civil False Claims Act exposure, criminal prosecution and exclusion from health care programs is a real concern for providers today. Moreover, the providers risk the loss of their professional licenses and the ability to earn a living. Health care counsel must become familiar with civil and criminal enforcement enough to recognize the early warning signs of an investigation and understand the action that should be taken.

Click here to order a copy of Bart’s new book