Winston & Strawn announced that NAFUSA life member and past president Matthew Orwig has joined the firm as head of the litigation and investigations practice for the Dallas office. He has more than 30 years of experience investigating and litigating complex civil and criminal cases. Matt’s cases include high-profile money laundering, public corruption, securities fraud, insider trading, health care fraud, and civil and criminal fraud. He also focuses his practice on civil and criminal fraud investigations, False Claims Act (FCA) and qui tam actions, internal corporate investigations, complex civil litigation, and litigation involving government agencies. Matt previously served in the U.S. Department of Justice (DOJ), initially as an Assistant U.S. Attorney and culminating in his presidential appointment as the U.S. Attorney for the Eastern District of Texas (2001-2007).
Winston & Strawn is an international law firm with more than 875 attorneys across 17 offices. The exceptional depth and geographic reach of its resources enable the firm to manage virtually every type of business-related legal issue. The firm’s Dallas office opened in February 2017 with a well-established and sizable group of partners from eight major law firms. As the firm’s second office in the state of Texas, the Dallas office complements the firm’s existing capabilities in the areas of corporate, finance, private equity, real estate, tax, and civil and criminal litigation and regulatory defense.
NAFUSA member Donald J. DeGabrielle, former U.S. Attorney for the Southern District of Texas (2006-2008), has joined Lewis Brisbois as a partner in its Houston office, where he will chair the firm’s national White Collar Criminal Defense and FCPA Practice. He is admitted to and licensed in Texas and Louisiana with active practices in each state.
“Don DeGabrielle’s depth of experience in federal law enforcement, including his time as U.S. Attorney for the Southern District of Texas, will provide us with a skill set that can be marketed nationally. We are extremely excited that he is joining our Houston office,” said Houston Managing Partner David Oubre.
Earlier this month, Morgan Lewis announced that Zane David Memeger—who recently concluded nearly seven years of service as the United States attorney for the Eastern District of Pennsylvania—is returning to the firm as a litigation partner.
Memeger was a partner at Morgan Lewis from 2006 to 2010, before his confirmation as President Barack Obama’s appointee to the US attorney’s post. He began his legal career as a litigation associate with Morgan Lewis before becoming an assistant US attorney in the Eastern District of Pennsylvania, a position he held from 1995 to 2006.
“I am enormously pleased that Zane is rejoining our firm following his distinguished career in public service,” said Firm Chair Jami McKeon. “Zane’s profound commitment to justice and his extraordinary talents as a litigator will serve our firm and our clients well.”
That the U.S. Senate Judiciary Committee or the Department of Justice modify the Jencks Act and will require the disclosure of government witness statements at least 60 days before a trial.
That Congress reduce the size and budget of the U.S. Sentencing Commission. The Supreme Court has ruled that the Sentencing Commission’s guidelines are only advisory.
That the defense bar propose to the federal courts, and the federal judges apply, the alternative sentencing guidelines published by the ABA Criminal Justice Section Task Force on Economic Crimes, Nov 10, 2014.
NAFUSA President Bart Daniel announced that B. Todd Jones has resigned from the NAFUSA Board of Directors and that the Board has named Barry Grissom (Kansas, 2010-2016) to fill the vacancy in the class of 2018.
Grissom stepped down in April of 2016 as the U.S. Attorney for the District of Kansas and joined Polsinelli’s national White Collar Defense and Government Investigations and Compliance – Civil and Criminal Practice. Grissom is a shareholder in its Kansas City headquarters office.
Grissom served on the Attorney’s General Advisory Committee (AGAC). As a member of the AGAC, Grissom contributed to efforts to reform the federal criminal justice system through the Smart on Crime initiative. He also served on several sub-committees, including Financial Fraud, Health Care Fraud Prevention & Enforcement Team, Terrorism & National Security (Cyber), Native American Issues and Civil Rights.
Prior to his work as U.S. Attorney, Grissom was in private practice law for 27 years in both state and federal court, with involvement at every level of complex government litigation matters.
Grissom earned a Bachelor’s Degree from the University of Kansas before obtaining his law degree from Oklahoma City University School of Law.
NAFUSA’s newest member, David J. Hickton, former United States Attorney for the Western District of Pennsylvania, has been appointed founding director of the University of Pittsburgh Institute for Cyber Law, Policy and Security.
“With the appointment of David Hickton, the University of Pittsburgh is poised to offer significant contributions to the national discussion on cyber-related issues affecting personal, national, and global security and privacy,” said Pitt Chancellor Patrick Gallagher.
“David Hickton will marshal Pitt’s extensive capabilities and assemble a group of leading thinkers in this emerging field who will enrich Pitt’s learning and research environment,” said Provost and Senior Vice Chancellor Patricia E. Beeson. “We have an array of very talented and motivated faculty working in areas of cyber law, policy, security, and technology, and we believe the institute and the record of accomplishment David brings will offer opportunity for a vital synergy.”
In today’s Boston Globe, NAFUSA member Don Stern posts Some questions for Sessions. The confirmation for Senator Sessions is scheduled to begin today before the Senate Judiciary Committee. Stern suggests some questions the Committee should ask and the answers he believes would be the appropriate responses.
Stern writes,
…the core role of the attorney general — as the nation’s highest-ranking lawyer and prosecutor, and as the protector of the integrity of the Department of Justice — should not be ignored. This means that the attorney general must ensure that the Justice Department remains free of politics, insists on the highest ethical standards, and makes decisions based soley on the facts and the law. While the attorney general is appointed by the president, he or she is not the president’s lawyer.
In a letter date January 3, 2017, to Senators Grassley, Leahy and Feinstein, 112 former United States Attorneys, most of them members of NAFUSA, urged the Senate Committee on the Judiciary to support the confirmation of Senator Jeff Sessions as Attorney General of the United States. Click here to view letter and list of signatories: usa-ltr-sessions-2
As former U.S. Attorneys, we are in a unique position to evaluate the qualifications of Senator Sessions to serve as our nation’s Attorney General. United States Attorneys are the top- ranking federal law-enforcement officials of their jurisdictions, tasked with setting enforcement priorities, building trust with the communities they serve, and protecting the public while respecting federalism, the separation of powers, and the individual rights enshrined in the Constitution. It is not an easy job, but it is one in which Senator Sessions excelled.
Senator Sessions’ record reflects his priorities clearly, and none of his work as U.S. Attorney was more impactful than his sustained effort to eliminate segregation in rural Alabama and break the back of the Alabama Klan. In addition to bringing and supporting civil rights cases to fight against voter suppression and school segregation, Senator Sessions supported the investigation into the brutal murder of an African American teenager, Michael Donald. His efforts, in coordination with state authorities, ensured that the perpetrator – the son of the Alabama Klan’s leader – received a capital sentence. Sessions’ office also prosecuted an accomplice in that case, who pled guilty and received a life sentence, the maximum penalty available in federal court at the time. These successful prosecutions helped the victim’s mother win a $7 million lawsuit against the Klan, effectively crippling it as a political organization within Alabama.
Senator Sessions served for a remarkable twelve years as U.S. Attorney. His lengthy tenure alone is impressive given the burdens of the job, which we well know. Senator Sessions’ conspicuous service to the law and all citizens has continued as a United States Senator. In his work as a leader on the Senate Judiciary Committee, he has espoused a consistent understanding of the Constitution, a commitment to the rule of law, and an unwavering respect for the mission of the Department of Justice.
During his 41 years of public service, Senator Sessions has proved to be a leader of strong principles and firm beliefs. His support for the 25-year extension of the Civil Rights Act in 2006 is evidence of this. He also has proved to be a leader who appreciates positions that differ from his own and who learns from the scrutiny that comes with public life. His openness to different thinking and other worldviews is evidenced by the recent statements in support of his nomination from colleagues across the political spectrum and his support for Eric Holder’s nomination as Attorney General in 2009.
As former U.S. Attorneys, we worked with and for many Attorneys General, each different, each with his or her own unique strengths. We have no doubt that Senator Sessions can do the job well, bringing to this critically important office his own unique and extraordinary strengths of courage, humility, experience, and an inviolable promise to treat all people equally under the law.
Leslie Caldwell, Assistant Attorney General for the Criminal Division, expressed some surprising views yesterday at a Federalist Society event on criminal overreach at the National Press Club in D.C.
As reported by Jody Godoy of Law 360,
She observed that the “quality of the lawyers” and resources varies greatly between U.S. attorney’s offices.
“I acknowledge there are cases that get filed that shouldn’t be filed. There are districts where the oversight is not what it should be. The experience level is not what it should be,” Caldwell said.
She said DOJ Criminal Division attorneys get “far more robust” training than federal prosecutors out in the states do. And when asked about how the DOJ enforces a provision in the U.S. attorney’s manual advising prosecutors to consider noncriminal options, Caldwell replied that the manual is “much more regularly used in Washington, in the Criminal Division, than it is in the field.”
She encouraged attorneys to raise concerns with DOJ headquarters, known as Main Justice, and gave a couple of anecdotes illustrating how higher-ups killed ill-conceived cases.
In one instance, Caldwell said, Main Justice put the brakes on an attempt by an unnamed U.S. attorney to indict two partners at a major Chicago law firm who were representing a corporate client. The lawyers had attempted to get more time to respond to a subpoena and were nearly hit with an obstruction-of-justice charge.
“That prosecutor had never had that conversation before with a defense lawyer. That prosecutor didn’t know that that’s how things work … supervisory ranks did not recognize that that was not obstruction of justice,” Caldwell said, adding “thank goodness” a review by Main Justice was required.
Another time DOJ higher-ups stepped in, according to Caldwell, was when a small district attempted to indict all the adult residents of a town on racketeering charges since they were members of a religious sect that got its income through government program fraud.
In another example Caldwell gave, the DOJ in Washington played a mitigating role when a U.S. attorney tried to get high penalties for a bank facing treasury sanctions violations.
The cases illustrate that escalating concerns with a case can sometimes be effective, Caldwell said.
“It’s not always going to work when you appeal beyond the line attorney, but we recommend that if you feel strongly about a case, you at least ask to be heard,” Caldwell said.
John Richter
NAFUSA member John Richter, another member of The Federalist Society panel remarked, according to Godoy, that even at DOJ headquarters, other sections lack criminal experience. Richter, a partner at King & Spalding, had represented Vascular Solutions, Inc., a medical device company that was acquitted of criminal off-label promotion earlier this year in a case prosecuted by a U.S. Attorney’s office and a unit from Main Justice.
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