Paul Coggins elected President of NAFUSA

Paul Coggins was elected President of the National Association of Former United States Attorneys (NAFUSA) during its Annual Meeting in San Francisco last month. Coggins, who served as the organization’s President-Elect for the past year and previously as Vice President, was U.S. Attorney for the Northern District of Texas from 1993 to 2001. He is currently the Co-Chair of Locke Lord’s White Collar Criminal Defense and Internal Investigations Practice Group.

Coggins twice served on the U.S. Attorney General’s Advisory Council and, in 1998, became its Vice Chair. As U.S. Attorney, he prosecuted the first federal “three strikes” case in Texas and some of the earliest cybercrime cases in the United States. He also prosecuted one of the most complex cases ever brought under the Economic Espionage Act, stamped out one of the nation’s largest immigrant smuggling rings and built one of the nation’s first health care fraud task forces.

Coggins focuses his practice on white collar criminal defense and has represented numerous Fortune 500 clients in high-stakes litigation before federal courts and the SEC. He also has conducted internal investigations involving alleged tax, fraud and securities violations. In addition, he develops compliance and ethics programs for corporations and other business entities.

Coggins is a graduate of Yale University, Harvard Law School and Oxford University, which he attended as a Rhodes Scholar. In addition to his legal work, he has published two books: a novel (The Lady Is the Tiger) and a nonfiction work on sports (Out of Bounds), which he co-authored with former Congressman Tom McMillen. His second novel (Sting Like a Butterfly) will be released in March 2020.

Veteran Prosecutor, Compliance Monitor Michael Bromwich Joins Steptoe’s White-Collar Practice

Steptoe & Johnson LLP is pleased to announce that prominent white-collar lawyer, veteran prosecutor and corporate compliance monitor Michael R. Bromwich is joining the firm’s esteemed White-Collar Criminal Defense practice as a senior counsel. He will reside in the firm’s Washington office and also have a presence in the firm’s New York office.

Bromwich brings nearly 40 years of experience as a federal prosecutor, a special prosecutor, an inspector general, the country’s top offshore drilling regulator, the compliance monitor of major public companies and public agencies, and a criminal defense lawyer. Over the years, he has been called on countless times – by public corporations, private companies, federal, state, and local governments, cabinet secretaries, and the president of the United States – to deal with issues and problems of private and public significance.

In private practice, Bromwich has conducted internal investigations for private companies and other organizations, providing monitoring and oversight services, and represented institutions and individuals in white-collar criminal and regulatory matters and congressional matters. Most recently, his publicly disclosed representations have included Christine Blasey Ford and Andrew McCabe. He has also served as the independent monitor for two of the ten largest companies in the United States – Apple and Walmart.

Bromwich’s celebrated career also includes serving as the Inspector General at the Department of Justice (DOJ), where he was responsible for investigating public corruption and systemic issues relating to waste, fraud, and abuse within the DOJ and its law enforcement agencies including the FBI and the Drug Enforcement Administration (DEA). His work included investigations of the FBI Laboratory, the FBI’s role in the Aldrich Ames affair, and the DEA’s involvement in the CIA-crack cocaine controversy. During his five years as Inspector General, Bromwich took a new and virtually anonymous agency within the DOJ and shaped it into an internal investigations powerhouse.

Bromwich previously served as an assistant US attorney for the Southern District of New York, and as associate counsel in the Office of Independent Counsel for Iran-Contra.

Bromwich’s most recent public sector service took place in 2010-2011 when he was selected by President Obama to reform the regulation and oversight of offshore drilling and to serve as the country’s top offshore drilling regulator in the wake of the Deepwater Horizon accident and oil spill. During his tenure at the Department of the Interior, Bromwich implemented a series of far-reaching regulatory and organizational reforms that revamped the nation’s regulation of offshore energy exploration, development, and production.

Kent Alexander Coauthors Book on Olympic Park Bombing

NAFUSA Life Member Kent Alexander (ND Georgia 1994-1997) and journalist Kevin Salwen have coauthored a new book: The Suspect- The FBI, The Media, and Richard Jewell, The Man Caught in the Middle.

Kent Alexander was the U.S. Attorney for the Northern District of Georgia on July 27, 1996, when the Centennial Olympic Park bombing occurred. Kevin Salwen was a Wall Street Journal reporter and editor, who ran the paper’s southeastern section during the Olympic Games. “The Suspect” tells the story of Richard Jewell, the security guard who spotted a suspicious bag in Centennial Park minutes before the bomb detonated amid a crowd of fifty thousand people. Jewell became the FBI’s main suspect but later was cleared of any wrong doing. Warner Brothers has purchased the rights to the book and hired Alexander and Salwen as consultants on its upcoming movie on Richard Jewell.

“Meticulously reported, bracingly written, full of memorable and bizarre characters, the book casts a wary eye on the worlds of law enforcement and journalism, and their multiple failures in this tale. It’s a story with no winners – except for readers of this terrific book.”​ — Jeffrey Toobin

AG Barr Appoints 9 New USAs to AGAC

Attorney General William P. Barr announced on September 20, 2019 the appointment of the following nine U.S. Attorneys to serve on the Attorney General’s Advisory Committee (AGAC): David Anderson, Northern District of California; Scott Brady, Western District of Pennsylvania; Maria Chapa Lopez, Middle District of Florida; Halsey Frank, District of Maine; Erica MacDonald, District of Minnesota; Christina Nolan, District of Vermont; Zach Terwilliger, Eastern District of Virginia; Tom Kirsch, Northern District of Indiana; and Nicholas Trutanich, District of Nevada.

The Attorney General also thanked the following U.S. Attorneys who have completed their terms and are rotating off the committee: Louis Franklin, Middle District of Alabama; Robert Higdon, Eastern District of North Carolina; John Huber, District of Utah; Rob Hur, District of Maryland; Jeff Jensen, Eastern District of Missouri; Andrew Lelling, District of Massachusetts; Joshua Minkler, Southern District of Indiana; Richard Moore, Southern District of Alabama; Bryan Schroder, District of Alaska; and David Weiss, District of Delaware.

Chaired by U.S Attorney for the District of Columbia, Jessie K. Liu, the AGAC represents the voice of the U.S. Attorneys and provides advice and counsel to the Attorney General on policy, management, and operational issues impacting U.S. Attorneys’ Offices.

Attorney General Barr also announced that U.S. Attorney for the Northern District of Texas Erin Nealy Cox, a current member, will replace U.S. Attorney John Huber as the Vice Chair of the AGAC.

Fred Wyshak 2019 Bradford Award Winner

Fred Wyshak

Each year, NAFUSA recognizes an Assistant U.S. Attorney for outstanding performance through the J. Michael Bradford Memorial Award. The award is named after J. Michael Bradford, who served as a U.S. Attorney in the Eastern District of Texas from 1994 to 2001. Bradford, who died in 2003, had a distinguished career in public service, including successfully defending the government against lawsuits stemming from the 1993 siege of the Branch Davidian’s compound in Waco, Texas. NAFUSA annually solicits nominations from current U.S. Attorneys for the Bradford Award. Typically, the recipient has handled a significant investigation and prosecution or a series of prosecutions which has had a significant impact and merits special recognition.

Once again, a number of exceptional nominations were made by U.S. Attorneys around the country. The J. Michael Bradford Award Committee was chaired by NAFUSA Vice President Karen Hewitt. Its members included Bob Balfe, Shari Potter, Paul Coggins, Ron Machen, and John Brownlee.

This year, the NAFUSA Board of Directors voted to give the award to AUSA Fred M. Wyshak, Jr.  of the District of Massachusetts, nominated by U.S. Attorney Andrew E. Lelling. His nomination and selection was based upon Fred having  “quite literally- taken down the Boston mob.” Over the past 25 years, Wyshak has prosecuted Stephen “The Rifleman” Flemmi, a former mobster who killed dozens of people; James “Whitey” Bulger; and former mob boss Frank Salemme and his co-defendant Paul Weadick. In addition, in 2018 Fred was lead counsel in one of the most signficant criminal health care fraud trials in the country, the Insys Therapeutics case involving Subys, a dangerous opioid. Finally, Fred, as chief of the district’s Public Corruption Unit, supervised the prosecutions and convictions of eight Massachusetts State Trooper for fraudulently obtaining thousands of dollars for overtimes shifts they did not work.

Other nominees for the Bradford Award were:

Kenneth F. Affedlt Southern District of Ohio
Michelle M. Baeppler Northern District of Ohio
Julia E. Barry Western District of Oklahoma
Christopher C. Caffarone Eastern District of New York
Christopher J. Clark Southern District of Florida
Ricardo A. Del Toro Southern District of Florida
Christopher A. Eason Eastern District of Texas
André M. Espinosa Eastern District of California
George A. Martin Northern District of Alabama
Robin B. Mark Northern District of Alabama
Daniel C. Richenthal Southern District of New York
Gregg N. Sofer Western District of Texas
Stephanie S. Taylor Southern District of West Virginia
John B. Ward Northern District of Alabama
Lisa C. Williams Northern District of Iowa

Each of the nominees will receive recognition from NAFUSA for their exemplary service.

Update on Tennessee Ethics Battle

Those who attended the NAFUSA annual conference in Nashville in 2018 will recall the spirited panel discussion regarding the Tennessee Board of Professional Responsibility ethics opinion 2017-F-163. That opinion held: “Once a prosecutor knows of evidence and information that tends to negate the guilt of the accused, or that otherwise falls within Rule 3.8(d)’s disclosure requirement, the prosecutor must disclose it as soon as reasonably practicable.” (Id. at 4.) On August 23, 2019, the Tennessee Supreme Court vacated ethics opinion 2017-F-163.

However, on August 26, 2019, the Chief Judge of the District Court for the Eastern District of Tennessee, Hon. Pamela L. Reeves, wrote J. Douglas Overbey, the United States Attorney for the district, and advised him that the state court’s decision does not control the district court’s ethical standards.

Writing on behalf of the entire bench, Chief Judge Reeves wrote, “The state court’s decision does not control this Court’s ethical standards.” She concluded, “In this regard, the judges in our district have determined that the laudable sentiments in 2017-F-163 are an expression of what should be expected of attorneys representing the United States in criminal cases. That being the case, it is still our expectation that Assistant United States Attorneys who appear before us will disclose exculpatory and mitigating material to a criminal defendant in the manner described in the referenced ethics opinion, and certainly before any guilty plea.”

 

 

New Development in Wales Murder

Tom Wales

Assistant U.S. Attorney Thomas Wales was shot to death in his home in 2001. The FBI has led an 18-year investigation into the shooting, supported by a $1 million reward announced by the Department of Justice and supplemented by pledges of an additional $525,000 raised by the NAFUSA Foundation. It appears that Wales, who served as an AUSA in the Western District of Washington, was the first federal prosecutor killed in the line of duty in the nation’s history.

In what may be a break in the investigation, an indictment was handed up by a grand jury in June and unsealed this week in Seattle. The indictment charges a woman from Everett, Washington, with making a false declaration before a grand jury in February 2018 and obstruction of justice by obstructing the investigation into Wales’ death.

NAFUSA member John McKay, who began serving as U.S. Attorney for the Western District shortly after the shooting, is quoted in The Seattle Times as saying, “We should all be encouraged by the indictment and arrest if, as it appears, it relates to the murder of … Tom Wales in 2001, because it means the FBI and Department of Justice continue to actively investigate this horrible crime.”

McKay, who held the post until 2007, said the killing was an “attack on our justice system and if this arrest helps identify those cowards responsible for it then it’s not just a good thing – it’s a very good thing.”

Click here to read the full Seattle Times article

Harry Litman Joins NAFUSA

Harry Litman is a Washington Post contributing columnist, a former United States Attorney (Western District of Pennsylvania 1998-2001), and a Deputy Assistant Attorney General. Now he has joined NAFUSA as our newest member. Harry will also join us in San Francisco.

He teaches constitutional law and national security lawat the University of California at Los Angeles School of Law and the University of California at San Diego Department of Political Science. Litman also practices law with Constantine Cannon in San Francisco, specializing in the False Claims Act. He is a regular commentator on MSNBC, CNN and Fox News. He is the creator and executive producer of the “Talking Feds” podcast (@talkingfedspod), which has featured many NAFUSA members. Litman served as a law clerk to Supreme Court Justices Thurgood Marshall and Anthony Kennedy. Prior to law school, Litman worked on the Associated Press baseball desk and as a feature film production assistant in New York City. Litman and his wife, Julie Roskies Litman, have three children.


Listen to Chuck Rosenberg on “The Oath”

NAFUSA Life Member Chuck Rosenberg will present the ethics lecture at the San Francisco conference in September: “The Korematsu Story-Duty of Candor to the Court”. Chuck also moderated the panel on opioids at the Washington conference in 2017. Chuck is currently a legal analyst for MSNBC and NBC. His popular podcast, The Oath, features interviews with several former Justice officials, including NASUSA members Pat Fitzgerald and Barbara McQuade as well as Jim Comey, Sally Yates and others. Click on the photo below or visit msnbc.com/theoath.