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 .
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.
Boston law firm Anderson & Kreiger LLP announced the promotion of former U.S. Attorney and NAFUSA member, Carmen Ortiz (Massachusetts 2009-02017), to the partnership effective January 1, 2020. Carmen focuses her practice at Anderson & Kreiger on internal investigations, white-collar criminal defense and civil litigation. Managing Partner David Mackey commented that “Carmen has had a tremendously successful start to her career at Anderson & Kreiger. She’s brought in new clients and practice areas to the firm, done excellent work for those clients, and been a role model for the younger lawyers here. We’re honored that she’s chosen to practice law with us and are proud to include her in the partnership.”
Carmen stated “I am delighted that Anderson & Kreiger has given me its full vote of confidence by having me join them as a partner. I could not have asked for a greater group of people to work with: talented lawyers who care deeply about their clients, but also about public service, social justice, and who commit themselves, time and time again, to many causes that benefit society and those without a voice. I look forward to contributing all of my very best to the firm.” Carmen is on the Board of Trustees for Adelphi University, Discovering Justice and Crossroads (a non-profit devoted to empowering youth). She is also on the Advisory Board of Trustees for Beth Israel Deaconess Medical Center and a Board Member at Large for the Massachusetts Women’s Forum. She is an active member of the Hispanic National Bar Association, Massachusetts Association of Hispanic Attorneys, Women’s Bar Association of Massachusetts, Women’s White Collar Defense Association, American Bar Association, National Association of Former U.S. Attorneys and the Boston Bar Association.
NAFUSA Past President Don Stern (Massachusetts 1993-2001) was hired in 2018 by Cardinal Sean P. O’Malley to lead an investigation into allegations of sexual misconduct in all three seminaries in the Archdiocese of Boston. The review focused on allegations of sexual misconduct at Saint John’s Seminary in Brighton. The year long review was led by Stern and his Boston law firm Yurko, Salvensen & Remz. On November 22, 2019, the Archdiocese of Boston released the Stern independent report that confirmed instances of inappropriate sexual activity and found that social drinking was frequently encouraged at St. John’s Seminary.
As the impeachment inquiry reached its fifth day of open hearings on November 21, 2019, NAFUSA Secretary Ken Wainstein appeared at the side of witness David Holmes, an official from the American Embassy in Ukraine.
US Marshals Director Don Washington joined Attorney General William P. Barr in announcing that a large-scale law enforcement operation, known as “Operation Triple Beam Albuquerque”, concluded on October 31, 2019, with the arrests of 327 alleged fugitives throughout New Mexico. Washington is a NAFUSA member and a former member of the board of directors and treasurer.
The Department of Justice announced that “The operation resulted in the seizure of 43 illegal firearms, more than 50 pounds of methamphetamine, four pounds of heroin, and two pounds of cocaine. In addition, 31 stolen vehicles were recovered and $50,000 was seized.”
“We brought Operation Triple Beam, our mobile gang enforcement platform, to Albuquerque to target the gang-related fugitives fueling the violent crime in the area,” said Director Washington. “The U.S. Marshals in the District of New Mexico, along with dedicated inspectors in our Investigative Operations Division, and all of our partner agencies, achieved results that illustrate our full commitment to make communities safer by addressing violent crime at its core and taking the worst of the worst off the streets. The good citizens of New Mexico have our enduring support.”
The Department’s Office of Public Affairs reported:
This is the second OTB conducted by the U.S. Marshals in New Mexico this year. OTB Las Cruces concluded April 12, 2019, with the arrest of 154 fugitives throughout Dona Ana County; there were 115 felony arrests within the City of Las Cruces.
OTB provides communities with immediate relief from violent, gang-related crime and targets fugitives who commit violent crime and those who provide them safe harbor. Since the Department of Justice reinvigorated Project Safe Neighborhoods in 2017, U.S. Marshals have launched 33 OTB collaborations of local, state, federal and tribal law enforcement agencies in some of the nation’s most violence-plagued communities, resulting in more than 6,000 arrests, 1,200 firearms confiscations, and the seizure of $1.8 million.
One of NAFUSA’s newest members, Preet Bharara (SDNY 2009 -2017) is taking his successful podcast “Stay Tuned with Preet”on the road. He will be appearing at the Royal Oak Music Theatre in the Detroit suburbs on Tuesday, November 12 with fellow NAFUSA member Barb McQuade (ED Michigan 2010-2017).
Barbara McQuade
Bharara is an author, a CNN analyst and a New York University law school scholar-in-residence. He has 1.2 million Twitter followers. McQuade is currently a University of Michigan law professor. Bharara joins fellow NAFUSA members Chuck Rosenberg and Harry Litman with popular podcasts relating to issues pertinent to the work of former federal prosecutors, and often appear on the media. Other NAFUSA members who are frequent commentators on national news shows include Joyce Vance and Carol Lam.
WilmerHale announced that NAFUSA member Robert S. Mueller III is rejoining the firm as a partner after serving as special counsel for the US Department of Justice.
Mr. Mueller’s practice will focus on high-profile investigations and crisis management, similar to his work at the firm before his service as special counsel.
“We couldn’t be happier to have Bob, our extraordinary friend and colleague, return to WilmerHale,” said Robert Novick, the firm’s co-managing partner. “Few lawyers have been entrusted with as many matters of national significance as Bob, in both his public service and in private practice. Bob embodies the highest values of our firm and profession. We’re privileged to work alongside him once again.”
“I’m glad to be at WilmerHale once again, a firm with a tradition of honoring public service,” Mr. Mueller said. “It was an honor to serve as special counsel. Now, I look forward to resuming my private practice alongside the talented lawyers at the firm.”
Mr. Mueller’s career in government service and law enforcement spans more than 37 years. He was a United States Marine Corps officer, an assistant US attorney in three different offices, US attorney for the Northern District of California, the assistant attorney general in charge of the Criminal Division, and the sixth director of the Federal Bureau of Investigation.
Mr. Mueller, the longest-serving FBI director since J. Edgar Hoover, assumed that role just one week before the September 11 attacks and served for 12 years under two presidents. In 2017, Mr. Mueller was appointed special counsel by the US deputy attorney general to oversee the investigation of Russian government efforts to interfere in the 2016 presidential election and related matters.
From March 2014 until his appointment as special counsel in 2017, Mr. Mueller was a partner at WilmerHale. He was a partner at one of WilmerHale’s predecessor firms, Hale and Dorr in the years 1993–1995. Hale and Dorr merged with Wilmer Cutler Pickering LLP in 2004, creating the present firm.
Mr. Mueller earned his law degree in 1973 from the University of Virginia School of Law where he served on the law review. He received an MA in international relations from New York University in 1967 and a bachelor’s degree from Princeton University in 1966.
NAFUSA’s 40th annual conference kicked off Wednesday September 25, 2019 with a reception on the top floor of the newly remodeled Westin St. Francis hotel. President Terry Flynn honored the founding members as well as the past presidents and executive directors.
The CLE program began with a very intriguing panel on Artificial Intelligence lead by our own NAFUSA board member Anne Tompkins as moderator. Board member Donna Bucella lead a dialogue with EOUSA and the AGAC with Jessie Liu and Norman Wong. Stanford Professor Jennifer Eberhardt talked about Unconscious Bias in Law Enforcement and Stanford Professor Deborah Rhode gave the ethics presentation. Dean Chemerinsky did an excellent update on the Supreme Court.
The members, guest/spouses and sponsors were treated to a stunning luncheon boat cruise and Friday afternoon were invited to tour the historic Browning Courthouse courtesy of Hon. Michael Hawkins, NAFUSA member and past president.
The Bradford award was given to Fred M. Wyshak, Jr., AUSA District of Massachusetts. Fred as shown below with his wife Joan along with Michael Bradford’s wife and daughter, Liz and Emma Bradford.
NAFUSA board member John Ritcher introduced Hon. Christopher Wray, Director, Federal Bureau of Investigation and Lifetime NAFUSA member who was our keynote speaker.
At the closing banquet on Friday, the election of new officers and directors was held. The results were as follows:
President: Paul Coggins
President Elect: Karen Hewitt
Vice President: Chuck Stevens
Secretary: Ken Wainstein
Treasurer: Donna Bucella
Immediate Past President: Terry Flynn
The new board members for the class of 2022:
Greg Brower
Deborah Gilg
William Kolibash
Edward Stanton
Johnny Sutton
Willy Ferrer was elected to Donna Bucella’s vacancy in the class of 2020.
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 . 
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