NAFUSA Update March 2016 Greet ings !

NAFUSA Update is published monthly. NAFUSA's website can be accessed directly from this newsletter. New articles are posted to the website during the month. You may also subscribe to NAFUSA email updates, delivered to your inbox overnight, the day after any new items are posted. (Be sure to complete the two step process.) You can also follow NAFUSA on Twitter (@NAFUSAorg).

J im C o le J o in s N A F U S A Jim Cole, former Deputy Attorney General of the United States, has joined NAFUSA. Cole joined the Washington office of Sidley Austin LLP in March of 2015, where he joined fellow NAFUSA members David Barlow and Scott Lassar. He focuses his practice on the full range of federal enforcement and internal investigation matters, with a particular emphasis on crossborder and multi-jurisdictional matters. He has extensive experience overseeing sensitive and controversial matters, both within the government and while in private practice. Cole served as the Deputy Attorney General of the United States, the COO of the Department of Justice (DOJ), from Jim Cole January 2011 until January 2015. In that role, he was responsible for the day-to-day supervision and direction of all organizational units of the DOJ and worked closely with Attorney General Eric H. Holder Jr. to formulate and implement key policies and programs for the Department. Jim was also one of the key representatives of the Department of Justice to the National Security Council. Among his key achievements, Jim enhanced coordination between the DOJ and financial regulatory agencies, including the SEC and the IRS, and between DOJ and overseas law enforcement, regulatory and policy-making agencies in the UK, France, Germany, Switzerland and other countries. He also worked closely with the Attorney General to formulate high-profile initiatives,

D e a d lin e H a s Passed To Pay 2016 Dues Yesterday was the deadline to pay 2016 NAFUSA membership dues. Non-life members who have not paid their dues should click on the link below. Regular membership dues remain at $150 annually. Seniors (over 70 years and no longer practicing law) pay $50. Or join 68 of your colleagues as a lifetime member with a one time payment of $1500. New life members in February include Brendan Johnson, Ron Machen, Tim Pardon and John Richter. You may pay by credit card or check. If you wish to pay with a check, send it payable to NAFUSA and mail to NAFUSA, P.O. Box 1524, Brighton, Michigan 48116.

Click here to pay annual dues 2 0 1 6 S p o n s o rs The 2016 conference will be held in San Diego October 6-9 at the Hotel Del Coronado. Registration will begin in July. Conferences would not be possible without the support of our sponsors. Please consider joining the seven sponsors listed below as a sponsor for the San Diego conference. There are three sponsorship levels: Platinum $15K,

including the federal response to state decriminalization of marijuana and the "smart on crime" program to reduce the non-violent prison population and the large proportion of African Americans in federal prisons. Cole first joined the DOJ in 1979 and served there for 13 years in different roles, including as a trial attorney in the Criminal Division and as Deputy Chief of the Division's Public Integrity Section. He left the DOJ for private practice and became a partner in an international law firm, where he worked on white collar defense matters and corporate counseling. In addition to his work as a defense lawyer and corporate counselor, Cole was appointed as the Special Counsel to the U.S. House of Representatives Ethics Committee to conduct its investigation of then-Speaker Newt Gingrich.

F ra n k K e a tin g J o in s H o lla n d & K n ig h t NAFUSA member Frank Keating, the former governor of Oklahoma, has joined Holland & Knight as a partner in its Washington, D.C., office. Gov. Keating was formerly the president and CEO of the American Bankers Association (ABA). He will focus on serving clients in the financial services industry. Gov. Keating was the governor of Oklahoma from 1995 to 2003. He headed the ABA from 2011 to 2015. Previously, he was president and CEO of the American Council of Life Insurers. His impressive career also includes serving as assistant secretary of the Treasury and associate attorney general under President Ronald Reagan. He was later general counsel and acting deputy secretary for the Department of Housing and Urban Development (HUD) under President George H.W. Bush. During his tenure at the Treasury Department and HUD, he worked on significant issues affecting the banking, insurance and the financial services industries. His law enforcement career included serving as the U.S. Attorney for the Northern District of Oklahoma (19811983) and as an FBI agent. "We are truly fortunate that Gov. Keating has chosen Holland & Knight," said Steven Sonberg, the firm's managing partner. "His experience and knowledge in the industry are unmatched. We have more than 250 professionals involved in our financial services practice, one of the largest of its kind in the United States, and Gov. Keating will be a tremendous strategic asset for our lawyers and our clients." "Holland & Knight is one of the leading law firms serving the financial services industry, with a well-deserved reputation for helping clients successfully navigate a dynamic environment," said Gov. Keating. "I am excited about the opportunity to work with my new colleagues to deepen the firm's relationships with clients, in the U.S. and abroad, and to further enhance its reputation in the industry."

M c K a y C a lls o n th e A rc h d io c e s e o f S e a ttle to O p e n Its S e c re t F ile s o n P rie s ts A c c u s e d o f S e x u a lly A b u s in g M in o rs

Gold $10K and Silver $5K. If you are interested or have questions, contact Executive Director Rich Rossman at [email protected] or 248-548-8289.

In 2002, NAFUSA Foundation President Mike McKay was appointed to serve on a committee to advise the Seattle Catholic archbishop how to deal with the child sex abuse allegations made against Catholic priests. The committee reviewed the files and made recommendations on particular cases. In 2003, it issued a report that included a series of recommendations which, if followed, would decrease the number of cases occurring in the future. The archbishop rejected the report and fired the committee. A new archbishop arrived in 2010 and appears to now be implementing, however imperfectly, some of the committee's recommendations. This includes the release of names of 77 priests accused of child sex abuse. See Seattle Times, January 15, 2016. But the release of names is not enough, McKay argues, so he and other prominent Catholics are pressing the church to release the underlying files so that church members and the general public will understand the serious nature of these sexual assaults, including where they occurred. See Seattle Times, January 30, 2016. On February 2, the Seattle Times editorial board weighed in to support McKay's position: The Archdiocese of Seattle should open its secret files on priests accused of sexually abusing minors.

Mike McKay, left and former King Co. Judge Terry Carroll, right, discuss their recommendations to the Seattle Archdiocese (Ken Lambert.The Seattle Times)

N A F U S A M e m b e rs In v ite d to A tte n d A S K S S u m m it 2 0 1 6 As part of the ongoing discussion of criminal justice reform, the Aleph Institute is presenting the A S K S S ummit 2016: A lt ernat iv e S ent enc ing K ey S t ak eholder. It will be held March 7-8, 2016, at Georgetown Law School in Washington, DC. The Summit Chair, Hon. Charles Renfrew, US Deputy Attorney General (1980-1981); US District Judge, ND of California (1972-1980), has written NAFUSA and extended and invitation to all NAFUSA members to attend. In the invitation's Overview, alternative sentencing is said to have "been at the heart of improving public safety and includes successful sentencing, reentry and other fiscally responsible criminal justice policies and programs

both in the U.S. and around the globe. As the U.S. starts 2016 with commitments from the President and Congress to pass meaningful federal criminal justice reform legislation, the time is right to evaluate the role alternative sentencing can play in furthering the key objectives of public safety and fiscal responsibility." The summit plans to "bring together an unprecedented number of current and former leaders and senior government officials who have served on the front lines of day-to-day operations in the criminal justice system, including law enforcement, government, judiciary, defense, forensic social workers and psychologists, and nonprofits, as well as formerly incarcerated people, victims and advocacy groups." Judge Renfrew believes that NAFUSA members' "legal perspective and input will increase the likelihood of meaningful discussion and ensuing change." Summit partners include the American Bar Association, the Association of Prosecuting Attorneys, and the National Association of Criminal Defense Lawyers. The Summit Advisory Committee includes NAFUSA members George Terwilliger and Larry Thompson. Speakers will include NAFUSA members Jim Cole and Tim Purdon. Cole will speak on a panel "Pursuing Meaningful Reforms Without Jeopardizing Public Safety". Purdon will join a panel being moderated by The Brennan Center for Justice and is entitled "Changing Incentives in the Criminal Justice System." Click here to view the Summit Agenda. Click here to view the invitation and additional information about the speakers and advisory board.To RSVP or for more information, please email [email protected] or visit

N A F U S A M e m b e rs F ile A m ic u s B rie f in In d ia n C a s e NAFUSA members Tom Heffelfinger, Paul Charlton, David Iglesias, Brendan Johnson and Tim Purdon, joined by former U.S. Attorney Dennis Burke, have filed an amicus brief with the United States Supreme Court in U.S. v. Bryant. In a brief authored by Robins Kaplan, the amici curiae identify themselves as former United States Attorneys with experience in the prosecution of violent crimes, including domestic violence offenses, in "Indian Country." The issue in Bryant is whether uncounseled tribal court domestic violence convictions can be used as predicate offenses to support a federal "Habitual DV Offender " charge under 18 U.S.C Sec. 177(a). The amici urge that they can provide the Court with "a unique perspective on 18 U.S.C. § 117(a). Each of us has served as a top-ranked federal prosecutor, each of us has firsthand experience with the prosecution of domestic violence offenses in Indian Country, and each of us recognizes the need for a tool like Section 117(a) to target habitual domestic violence offenders who pose the greatest risk of reoffending. Domestic violence is an escalating crime, with repeat offenders tending to inflict more serious physical injuries upon their victims over time. Research also suggests that treating escalating domestic assaults with escalating criminal justice consequences reduces offender recidivism, which in turn saves lives. U.S. Attorney's Offices can help to reduce domestic violence, and potentially save lives, on reservations by prosecuting domestic violence crimes before they become homicides. Allowing the Ninth Circuit's decision to stand would eliminate 18 U.S.C. § 117(a) as a critical law enforcement tool for prosecuting habitual 5 domestic violence offenders. Amici curiae recognize how Section 117(a) can help federal prosecutors protect victims of domestic violence who live on reservations by preventing habitual offenders from continuing their escalating patterns of abuse. Therefore, we urge the Court to preserve this tool as a necessary component of the comprehensive efforts to reduce violent crime on reservations, and reverse the Ninth Circuit's decision."

US v Bryant amicus brief

G re g B ro w e r A p p o in te d D e p u ty G C a t F B I Snell & Wilmer announced on February 15, that NAFUSA member Greg Brower, a commercial litigation partner in the firm's Reno and Las Vegas offices, has been appointed to serve as Deputy General Counsel at the Federal Bureau of Investigation (FBI). He assumed his new role in Washington, DC in late February. Brower has more than 20 years of experience as a "first chair" litigator. While at Snell & Wilmer, he was instrumental in the development of the firm's gaming and white collar criminal litigation practice groups and the expansion of its corporate investigations and administrative law groups. He has also served as an adjunct professor of law at the University of Nevada, Las Vegas's Boyd School of Law teaching courses in national security law and trial practice. "Greg has served his local community, the state of Nevada and our country with the highest level of integrity and honor, and we wish him our absolute best as he returns to our nation's capital to serve in this key post with the FBI," said Matt Feeney, chairman of Snell & Wilmer. "We are proud to call Greg our partner and our friend, and we thank him for his many contributions to the firm. He will be deeply missed." Brower joined the firm in 2009 after approximately two years as the U.S. Attorney for the District of Nevada. Before his appointment as U.S. Attorney, Brower served in a variety of other senior government posts in Washington, D.C. From 2006 to 2007 he was Chief Legal Officer at the U.S. Government Printing Office (GPO), overseeing the agency's Office of General Counsel. From 2004 to 2006, he served as GPO's Inspector General, supervising all internal audits and investigations. From 2003 to 2004, he served at U.S. Department of Justice (DOJ) headquarters in Washington, D.C. Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 400 attorneys practicing in nine locations throughout the western United States and in Mexico, including Las Vegas and Reno, Nevada; Phoenix and Tucson, Arizona; Los Angeles and Orange County, California; Denver, Colorado; Salt Lake City, Utah; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit

R ic h te r W in s F e d e ra l J u ry T ria l in K e y O ff-L a b e l M a rk e tin g C a s e NAFUSA life member John C. Richter won a

unanimous federal jury verdict of not guilty on behalf of client Vascular Solutions, Inc. (VSI) and CEO Howard Root regarding allegations of "off-label" promotion of Vari-Lase Short Kit. With Friday's verdict, Senior U.S. District Judge Royce Lamberth-sitting by designation in the Western District of Texas-dismissed the case, which cannot be appealed. The verdict vindicates the company and Root, who fought the allegations in and outside court at great cost for almost five years. The allegations advanced by prosecutors at trial John Richter concerned whether VSI and Root engaged in a promotional campaign to encourage members of the company's sales force to speak to physicians about the use of the Short Kit to treat varicose perforator veins in the leg and whether that use was outside the Short Kit's FDA-cleared labeled indications for use and therefore an "off-label" use. The government's case lasted three weeks. The defense rested without calling a witness. After a day-and-a-half of deliberations, the jury unanimously rejected all of the prosecutors' allegations. Richter, a King & Spalding partner and former U.S. Attorney for the Western District of Oklahoma and Acting Assistant Attorney General in charge of the Criminal Division, was joined by Michael Pauzé and Robert Hur in trying the case. Pauzé and Hur are both former Assistant U.S. Attorneys. NAFUSA member Johnny Sutton, former U.S. Attorney for the Western District of Texas, served as local counsel for VSI on the case. "We are gratified that after five years of investigation and three weeks of trial, the jury completely exonerated our client, Vascular Solutions, and its CEO Howard Root," said Richter. "The verdict vindicates the First Amendment right of life sciences companies to provide truthful information about their products."

S a n d y C o a ts J o in s C ro w e & D u n le v y

Crowe & Dunlevy recently announced former United States Attorney for the Western District of Oklahoma Sanford C. Coats has joined the firm as a director in the Oklahoma City office. He serves as co-chair of the firm's White Collar, Compliance & Investigations practice group and is a member of the Litigation & Trial practice group. He is also NAFUSA's newest member.

"Sandy has an exceptional reputation as a talented, experienced prosecutor, and we are honored he has joined the firm," said Kevin D. Gordon, president and CEO of the firm. "His experience during his time as U.S. Attorney for the Western District, including his background in white collar investigations, criminal and litigation work, is extraordinary and will help us provide comprehensive legal counsel to clients here in Oklahoma and across the globe." Nominated by President Barack Obama and confirmed by the United States Senate in 2009, Coats was U. S. Attorney for the Western District of Oklahoma for more than six years, stepping down on January 15, 2016. During his time as a U.S. Attorney, he served on the Attorney General's Advisory Committee (AGAC), as well as a member of the AGAC subcommittees on Native American Issues, Criminal Practice, Terrorism and National Security, and Crimes Against Children. He also served as cochairman of the government-wide Domestic Terrorism Working Group. Prior to becoming U.S. Attorney, Coats served as an Assistant U.S. Attorney in all areas of the Criminal Division for nearly six years. He prosecuted a variety of cases, including child prostitution, child pornography, banking fraud, tax evasion, crimes in Indian Country, illegal immigration, complex drug conspiracies, firearm crimes and violence associated with illegal street gangs. His responsibilities included managing investigations, supervising more than a dozen jury trials and arguing appeals before the Tenth Circuit. In addition, Coats served as team leader of the Major Crimes Team and as Project Safe Childhood coordinator. He received a national Director's Award for Superior Performance as Assistant U.S. Attorney for his work in the prosecution of multiple child prostitution cases. In 2007, Coats volunteered for short-term assignment to the U.S. Attorney's Office in New Orleans as part of a special initiative by the Department of Justice following the devastation of Hurricane Katrina to assist in the prosecution of violent, firearm and drug crime. Prior to joining the U.S. Attorney's Office, Coats served as a legal intern for United States District Judge Tim Leonard and as a law clerk for Oklahoma Supreme Court Justice Marian P. Opala. In addition to his work as a federal prosecutor, Coats has served on the board of directors and as president of the Oklahoma City Chapter of the Federal Bar Association, served on the board of directors of the Harding Fine Arts Academy in Oklahoma City and the Oklahoma Bar Association Law School committee. Coats received his Juris Doctor from the University of Oklahoma College of Law and his bachelor's degree from Tulane University in Louisiana. For more than a century, Crowe & Dunlevy has provided innovative and effective legal services to clients in numerous industries. The firm and its attorneys are annually ranked among the top professionals in the nation by nationally recognized peer-review organizations. For more information, visit

V a ira U rg e s P A S u p re m e C o u rt T o A d d re s s Is s u e s

NAFUSA member Peter Vaira (ED Pennsylvania 1978-1983) writes in the Philadelphia Inquirer on January 28, 2016, that the Pennsylvania Supreme Court must address several issues "that are crucial for the administration of the criminal justice system," First, Vaira urges the court to appoint a special counsel to investigate the implications of ex parte communications sent by prosecutors to state judges arising from the "porngate" scandal. Secondly, Vaira urges a review of the Pennsylvania grand jury statute, and suggests the need for amendments and changes. See, Long-delayed issues face state Supreme Court.

D a n a B o e n te A p p o in te d to A G A C Attorney General Loretta Lynch announced on February 1, 2016, the appointment of U.S Attorney Dana J. Boente of the Eastern District of Virginia to the Attorney General's Advisory Committee (AGAC). Boente will fill the seat vacated by former U.S. Attorney Booth Goodwin of the Southern District of West Virginia, who resigned on December 31, 2015. Boente was appointed by President Barack Obama and confirmed by the Senate on December 15, 2015 as the U.S. Attorney of the Dana Boente ED of Virginia. Boente is a 31-year veteran of the Department of Justice, joining the department in 1984 at the conclusion of a clerkship with a U.S. District Court Judge. From 1984 to 1999, Boente was a Trial Attorney with the department's Tax Division. In January 2000, Boente became an Assistant U.S. Attorney in the Fraud Unit in EDVA. In August 2005, Boente was detailed back to the Tax Division to serve as the Principal Deputy Assistant Attorney General. He returned to EDVA in May 2007, when he was selected as the First Assistant U.S. Attorney. In December 2012, Boente went to serve as the U.S. Attorney of the Eastern District of Louisiana. He returned to the U.S. Attorney's Office in EDVA in September 2013.

R e d d in g P itt D ie s

Redding Pitt (AP Photo) Haraz Ghanbari NAFUSA member Redding Pitt died on Sunday, February 7, 2016. Pitt, 71, served as the U.S. Attorney for the Middle District of Alabama, 1994-2001. He also served as the chief deputy attorney general for the State of Alabama and chaired the Alabama Democrat Party from 2001 to 2005. The Montgomery Advertiser reported on Monday, February 8, 2016:

A native of the Tennessee Valley in north Alabama, Pitt got his bachelor's degree from the University of Alabama and his law degree from the Boston College School of Law. Prior to law school, Pitt served in the Army and spent a year in Vietnam, where he won the Bronze Star. After serving in different capacities in Washington, Pitt returned to Alabama in 1981, serving in the attorney general's office until 1994. U.S. President Bill Clinton nominated him to be U.S. Attorney for the Middle District of Alabama that year, and Pitt served until Clinton left office in 2001. During his time as a federal prosecutor, Pitt's office led or participated in investigations that resulted in felony convictions for four allies of former Gov. Jim Folsom, Jr., a Democrat. The governor himself was subjected to a lengthy investigation but never charged. After stepping down as federal prosecutor, Pitt joined Ferris, Riley and Pitt. Brad Pigott reports that

Redding, post-Vietnam, was, among so many other wonderful and adventurous things, Bobby Kennedy's favorite advance man in his ill-fated 1968 campaign, specifically assigned by the Kennedy family (because of Redding's popularity with them, and his military background) to be in charge of all logistics for the receipt of RFK's casket at Union Station in DC and the journey by all officialdom to Arlington for RFK's burial. Doug Jones furnished a photo of RFK taken when he spoke at the University of Alabama right after he announced his candidacy in 1968. Redding is the "young dark haired student sitting to Kennedy's left" Doug points out.

Pitt is survived by his son, William, and two stepchildren. At the request of NAFUSA, an American flag was flown over Main Justice on February 8, and presented to the family by NAFUSA Vice President Doug Jones. Click here to view full obituary. Memorial contributions may be made to The Firehouse Shelter, P.O. Box 11722, Birmingham, AL 35202.

F e d e ra l C rim in a l T ria ls , 2 0 1 6 E d itio n

NAFUSA member Jim Cissell, Southern District of Ohio 1978-1982, has published the 2016 edition of Federal Criminal Trials. As NAFUSA member Joe Whitley writes,

Jim Cissell has produced the premier go-to resource for defense counsel and prosecutors engaged in federal criminal litigation. I recommend Jim Cissell's book as an indispensable resource to getting quickly to the heart of highly complex federal criminal litigation issues. It is a must-have for federal

criminal practitioners. Cissell is offering a discount on the new edition between now and the end of May. Click here to view the flyer for the new publication, including the discount offer. Federal Criminal Trials 2016.

Nat ional A s s oc iat ion of Former Unit ed S t at es A t t orney s (NA FUS A ) P . O. B ox 1524 B right on, Mic higan 48116 Ric hard A . Ros s man E x ec ut iv e Direc t or P hone: 248-548-8289 ros s manr@gmail. c om Lis a Raf f ert y Deput y Direc t or P hone: 810-813-4867 lis araf f ert y 27@gmail. c om P S C Group NA FUS A I T S upport

March 2016 Newsletter.pdf

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