Jessie Liu Joins NAFUSA and Skadden

Jessie Liu is NAFUSA’s newest member. Skadden has also announced that she has joined the firm’s Washington, D.C. litigation practice. Ms. Liu’s practice will encompass white collar and government enforcement matters, including defending government investigations and conducting internal investigations; representing companies and individuals in connection with complex civil litigation, particularly in government-facing civil litigation; and providing crisis-management counseling.

In 2017, Ms. Liu was unanimously confirmed by the Senate to serve as U.S. attorney for the District of Columbia. In that position, she led the largest U.S. Attorney’s Office in the country, which employs more than 350 assistant U.S. attorneys. As U.S. attorney, she supervised criminal and civil litigation in the U.S. District Court for the District of Columbia, U.S. Court of Appeals for the District of Columbia Circuit, Superior Court of the District of Columbia and District of Columbia Court of Appeals. She also served from 2017 to 2020 on the Attorney General’s Advisory Committee, a small group of U.S. attorneys who advise the attorney general and deputy attorney general on issues affecting the U.S. Attorneys’ Offices, including as chair of the committee from 2019 to 2020. In 2107, she welcomed NAFUSA members to Washington, DC at the opening of the Annual Conference. She also spoke in San Francisco at the 2019 Annual Conference in her role as then Chair of the AGAC.

Prior to joining the U.S. Attorney’s Office, Ms. Liu was deputy general counsel for the U.S. Department of the Treasury (2017). In that role, she provided legal and policy advice to the Treasury secretary and other senior department officials, with a focus on national security, law enforcement and international issues, such as economic and trade sanctions, anti-money laundering efforts, and national security reviews of foreign acquisitions of U.S. businesses by the Committee on Foreign Investment in the United States. Between 2006 and 2009, Ms. Liu served in various roles within the U.S. Department of Justice, including as deputy assistant attorney general in the Civil Rights Division, counsel to the deputy attorney general for national security issues, and deputy chief of staff for the National Security Division. From 2002 to 2006, she was an assistant United States attorney in the District of Columbia.

“Jessie’s extensive experience in public service as well as in private practice will be of tremendous value to our clients. Her track record of handling significant enforcement matters in the past two decades will make her an excellent addition to our litigation practice,” said Jessica Hough, leader of Skadden’s Washington, D.C. office.

“We are thrilled to welcome Jessie to Skadden, where she joins a roster of other former prosecutors who counsel our clients in their most high-profile government enforcement and crisis issues,” said David Meister, leader of Skadden’s New York government enforcement and white collar practice. “Her government experience will be extremely valuable.”

“I am delighted to have the opportunity to join such an impressive group of attorneys, and look forward to working with them to best utilize my skills and experience on behalf of firm clients,” Ms. Liu said.

Ms. Liu has worked as a partner in the white collar defense practices at other major law firms, and she began her legal career in 1998 as a law clerk for then-Chief Judge Carolyn Dineen King of the U.S. Court of Appeals for the Fifth Circuit. She has been recognized nationally by Chambers USA, as a White Collar Trailblazer by The National Law Journal and among the Top 100 Women in Investigations by Global Investigations Review. She is a member of The American Law Institute and the National Association of Former United States Attorneys. She also serves on the executive committee of the Edward Bennett Williams Inn of Court and the board of the Historical Society of the District of Columbia Circuit. A graduate of Yale Law School, Ms. Liu earned her undergraduate degree from Harvard University.

NAFUSA Webinar October 28

Paul Coggins

NAFUSA President Paul Coggins announced the scheduling of a NAFUSA Webinar for Wednesday, October 28, 2020, from 12:30 PM to 1:30 PM ET. It has long been a NAFUSA tradition to invite the Director of the Executive Office of United States Attorneys (EOUSA) and the Chair of the Attorney General’s Advisory Committee (AGAC) to our annual conferences. As the 2020 conference has been cancelled due to the Covid 19 pandemic, a one hour webinar has been scheduled for a dialogue with Erin Nealy Cox, Chair, AGAC and Corey Frazier Ellis, the Senior Official performing the duties of the Director of EOUSA. The dialogue will be moderated by Paul Coggins. Invitations will be emailed in October to all NAFUSA members, sponsors and Friends of NAFUSA.

Erin Nealy Cox

 

Sworn into office on November 17, 2017, United States Attorney Erin Nealy Cox is the chief federal law enforcement officer in the Northern District of Texas, which covers 100 counties, more than 96,000 square miles, and a population of approximately eight million.  Appointed by the President and confirmed by the U.S. Senate, she is responsible for all federal criminal prosecutions and civil litigation involving the United States in her district. As U.S. Attorney, Ms. Nealy Cox oversees a staff of approximately 120 attorneys and a similar number of non-attorney support personnel assigned among five division offices.

In March of 2018, Ms. Nealy Cox was appointed by Attorney General Jeff Sessions to be a member of the Attorney General’s Advisory Committee (AGAC). Created in 1973, the AGAC is a group of 15 U.S. Attorneys advising the Attorney General on matters of policy and substantive issues affecting the Justice Department. In Feburary 2020, Ms. Nealy Cox was promoted by Attorney General William Barr to Chair of the AGAC.

Prior to her appointment as U.S. Attorney, Ms. Cox worked as a Senior Advisor at McKinsey & Co. in the cybersecurity and risk practice. She also served on the Board of Directors of Sally Beauty Holdings, a large retailer on the NYSE. From 1999 to 2008, Ms. Nealy Cox served as an Assistant United States Attorney in the Northern District of Texas, where she prosecuted cyber crimes, white collar crimes, and general crimes. In 2004 and 2005, she served at Main Justice as chief of staff and senior counsel to the Assistant Attorney General in the Office of Legal Policy. From 2008 to 2016, Ms. Nealy Cox was a member of the executive leadership team at Stroz Friedberg, a cybersecurity and investigations consulting firm, ultimately leading the firm’s global incident response business. Ms. Nealy Cox clerked for the Honorable Henry A. Politz, when he served as Chief Judge of the United States Court of Appeals for the Fifth Circuit, and the Honorable Barefoot Sanders, United States District Judge in the Northern District of Texas.

Ms. Nealy Cox received her J.D., magna cum laude, from Southern Methodist University Dedman School of Law and her B.B.A. in finance from the McCombs School of Business at the University of Texas at Austin. She is a member of the Texas and New York Bar Associations.

Corey Frazier Ellis

Corey Frazier Ellis is the Senior Official performing the duties of the Director for the Executive Office for United States Attorneys (EOUSA).  The Executive Office, created in 1953, provides general guidance and support to more than 11,000 employees in 94 United States Attorneys’ offices located throughout the 50 states, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. As Senior Official, Corey oversees EOUSA and serves as the principal staff officer for the Deputy Attorney General for all matters related to the United States Attorneys, as well as the primary liaison between the Attorney General, the Deputy Attorney General, and the United States Attorneys.  Corey provides executive assistance and supervision for the United States Attorneys, including legal education, administrative oversight, technical support, security, policy, and regulation to ensure the effective advancement of DOJ priorities throughout the United States Attorneys’ offices.

Attorney General William P. Barr appointed Corey to the position effective September 16, 2019.  Prior to this appointment, Corey served in several leadership roles in the Office of the Deputy Attorney General including Chief of Staff to Deputy Attorney General Rod J. Rosenstein.

Before joining the Deputy Attorney General’s office, Corey was the First Assistant in the U.S. Attorney’s Office for the Western District of North Carolina.  While an Assistant United States Attorney, Corey handled a wide range of criminal investigations including public corruption, white collar fraud, securities fraud, and cybercrime.  Corey began his career as a prosecutor in the District Attorney’s Office in Hendersonville, North Carolina and has tried more than 100 jury trials.

Corey received his undergraduate degree from Brown University and his J.D. from the University of Memphis, School of Law.

The Webinar is sponsored by King & Spalding LLP.

 

 

Results of NAFUSA Members Vote on Covid-19 Issues

On April 18, the NAFUSA board of directors decided to postpone the 2020 annual conference scheduled for New York City on September 30-October 2. The board’s vote was unanimous. The board also agreed unanimously to recommend to the membership at large that the current slate of officers and directors be frozen through the annual conference in 2021.

On August 27, 2020, all active NAFUSA members were sent an email ballot to cast their votes regarding three Covid-19 related issues.The August vote was intended to have the membership at large vote to approve or disapprove these actions. The voting ended on September 10, 2020, and the results are listed below.

Question 1. 120 NAFUSA members voted, 119 “yes” and 1 “no.” 

Due to the complications caused by the Covid-19 pandemic of 2020, I approve the postponement of the 2020 annual NAFUSA conference, which was scheduled for New York City on September 30-October 2, to a date in 2021 considered by the NAFUSA board of directors, in their sole discretion, to be safe for travel and meeting in a large group.

Question 2. 120 NAFUSA members voted, 120 “yes” and 0 “no.” 

I approve extending the terms of the current incumbent officers and directors until the adjournment of the annual conference in 2021, unless the membership takes further action to the contrary .

Question 3. 120 NAFUSA members voted, 120 “yes” and 0 “no”. 

I certify that I am an active member of NAFUSA and waive any additional notice that may be required for these actions.

The NAFUSA officers and board members appreciate the support of the membership at large during these difficult times. They remain hopeful that we can return to normal times in 2021.

 

 

 

 

Fred Thieman Returns to the Practice of Law

NAFUSA member Frederick W. Thieman (WDPA 1993-1997), who served as President of the Buhl Foundation, Pittsburgh’s oldest multi-purpose foundation, since 2007, has returned to the practice of law with a new office focused on arbitration and mediation of complex commercial matters, multi-party litigation, fraud and white collar crime related matters, and large scale community tensions. For more information, see www.thiemanlegal.com.

Fred also was the recipient of Pittsburgh’s Academy of Trial Lawyers ’“Joseph M Weis Jr. Distinguished Service Award” for substantial contributions to the judicial system and legal profession.

 

GlassRatner to Become B. Riley Advisory Services

GlassRatner has been a NAFUSA sponsor since 2017. Bert Lacativo has been a regular at our conferences and a long time friend of NAFUSA. Approximately two years ago GlassRatner merged with B. Riley Financial and on August 10, 2020, GlassRatner announced it will become B. Riley Advisory Services.  They will continue as a NAFUSA sponsor through 2021 under the new name.

B. Riley Financial  has expanded its platform to a 1,000-person strong diversified financial services company, which has earned a reputation as a trusted advisor, strategic partner and value investor serving thousands of clients, partners and stakeholders across the United States and abroad. Today, B. Riley offers a full suite of end-to-end services and solutions through a combination of complementary businesses, which provide investment banking, capital markets, forensic accounting and litigation support, restructuring, retail liquidation, appraisal and valuation, capital management and wealth management services.

 

 

Supreme Court Ruling Leads to Flood of New Cases for US Attorney

On July 9, 2020, the Supreme Court ruled that much of eastern Oklahoma falls within an Indian reservation. In McGirt v. Oklahoma, the court ruled, 5 to 4, that Indigenous people who commit crimes on the eastern Oklahoma reservation, which includes much of Tulsa, cannot be prosecuted by state or local law enforcement, and must instead face justice in tribal or federal courts.

Jimcy McGirt, a Seminole man was found guilty in a state court of sex crimes that occurred within the Muscogee (Creek) Nation’s historical boundaries. Justice Neil M. Gorsch, wrote the opinion, siding with the court’s more liberal members. He wrote that “the land these treaties promised remains an Indian reservation for purposes of federal criminal law.” McGirt is expected to be retried in federal court.

As a result, local prosecutors are referring murders, robberies and sexual assaults to federal prosecutors. who have responsibility for major crimes on tribal lands. Lesser cases are being referred to tribal courts. The U.S. Attorney’s office in Tulsa files about 250 felony cases annually, compared with the 6,000 felonies that churn through Tulsa’s county courts each year. “It’s unprecedented,” R. Trent Shores, the United States Attorney for the Northern District of Oklahoma told the New York Times.

Retirement Under the Federal Employees Retirement System (FERS)

NAFUSA member David Iglesias found out by accident recently that his 5.5 years of DOJ service, plus one year of White House Fellowship entitled him to a small retirement income at age 62. David wondered if other NAFUSA members may have forgotten about this benefit.

Here is what he learned from his former administrative officer:

“As long as he did not take a refund for his retirement contributions and he has at least five years of creditable service, he can apply for deferred retirement at age 62.  He should complete the application 60 days prior to his 62nd birthday if possible.”

This is the link to FERS deferred retirement pamphlet –https://www.opm.gov/retirement-services/publications-forms/pamphlets/ri92-19a.pdf

AND

The link for the application for deferred retirement- https://www.opm.gov/forms/pdf_fill/ri92-19.pdf“

Don Washington Explains The Role of US Marshals Service in Portland

NAFUSA member Don Washington (WD Louisiana 2001-2010) was elected treasurer of NAFUSA in 2018. He stepped down early in his term when he was appointed by President Trump to serve as the director of the United States Marshal Service. He was confirmed by the Senate on March 14, 2019.

On July 29, 2020, Director Washington was interviewed by Fox News regarding the role of the Marshals in Portland, Oregon during the current protests at the federal courthouse. He explains that the role of the Marshal Service since 1789 has been to protect the Article III judicial function. He says his job is to see that peaceful protesters are protected and that federal law is enforced.

Click here to see the full interview: Donald Washington, U.S. Marshals Service Director 7/29/2020

Ken Wainstein Joins Lisa Monaco in New Podcast on “United Security”

CAFE Studios announced on July 15, 2020, the launch of the United Security podcast, co-hosted by former top White House advisers Ken Wainstein and Lisa Monaco. Ken is the current secretary of NAFUSA. CAFE Studios is a media venture “dedicated to better informing the public about the most critical issues of our time by exploring how law and justice intersect with politics, security, technology and ultimately, every aspect of our society.” It was co-founded by NAFUSA member Preet Bharara.

 

 

The announcement describes how United Security will operate:

Every two weeks, Lisa and Ken will break down politically-charged national security issues making the headlines and give listeners a window into the debates and the decision-making in the Oval Office. 

 

Lisa and Ken, who served at the highest levels of government throughout their distinguished careers, have followed a strikingly similar path. Most recently, they were Homeland Security advisers to Presidents Barack Obama and George W. Bush, respectively.  They both led the Justice Department’s National Security Division, served as Chief of Staff to Robert Mueller at the FBI, and spent their early career at the U.S. Attorney’s Office for the District of Columbia. 

 

In the inaugural episode, “Bounties, Bolton, and COVID-19,” Lisa and Ken make sense of reports of a Russian bounty program targeting American troops in Afghanistan, the questions and concerns raised by the publication of John Bolton’s book, and the latest on the resurgence of the Coronavirus. The second episode will be broadcast on Friday, July 24, 2020.