NAFUSA Update MAY 2018 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).

N A F U S A B o a rd M e e ts in S t P e te B e a c h The annual Spring NAFUSA board meeting was held in St. Pete Beach, Florida, on April 14, 2018. President Hal Hardin announced that the annual conference will be held at the Westin in Nashville on October 24-26, 2018, and will feature United States Senator Doug Jones as the keynote speaker on Friday evening. Doug is a NAFUSA member and stepped down as presidentelect of NAFUSA to run for the Senate vacancy created when Jeff Sessions became the Attorney General.

(Photo by Jeronimo Nisa/The Decatur Daily via AP) Hardin stated that the conference planning committee is working on the program, which will begin with an opening evening reception at the offices of

2 0 1 8 S p o n s o rs

conference sponsor Butler Snow on Wednesday, October 24. The Thursday and Friday morning CLEs will include a panel on the opioid epidemic organized by NAFUSA member and former DEA Administrator Chuck Rosenberg. Other panels are being planned on the Supreme Court, international criminal investigations, and ethics. Thursday evening will feature class reunion dinners. Registration for the conference will open in July. Executive Director Rich Rossman reported that organization is financially sound, mainly thanks to the support of our sponsors. We would not be able to hold our annual conferences without our sponsors. The collection of dues is lagging, however. Deputy Director Lisa Rafferty stated that several members have failed to pay their dues by the February 28 deadline. Reminders have been sent. The board discussed our ongoing tradition of requesting an American flag be flown over Main Justice in honor of a former United States Attorney who has died. The flag is then presented to the family as a token of the regard with which he or she was held by their colleagues. The board expressed its gratitude to EOUSA for its cooperation and noted the increasing cooperation of current U.S. Attorneys in reaching out to NAFUSA when they learn of the passing of one of their predecessors. There was an extensive discussion of the mission of NAFUSA and when, if ever, it might be appropriate for NAFUSA to take public positions on issues. The mission statement (see About NAFUSA at nafusa.org) states NAFUSA was founded in 1979 "to promote, defend and further the integrity and the preservation of the litigating authority and the independence of the office of the United States Attorney." In these complicated times, the board mused that we may be the last remaining bipartisan and nonpartisan organization still functioning in the country. The only time NAFUSA has taken a public position as an organization (at least in the memory of those present) dealt with the firing of U.S. Attorneys in the Bush ll Administration, which went to the heart of our mission statement. Since then the board established a super majority rule: the board will not approve a resolution taking a public position without a 75% vote of the voting members of the board. Requests have been made to the board regarding issues surrounding the Mueller investigation and related issues. No action was taken. As for the newsletter and website, the consensus of the board was that an emphasis should remain with factual member news, with limits on opinion pieces. Our members, of course, are free to express their individual views. Our conferences will continue, however, to vent relevant policy topics, and we will continue to strike a balance and attempt to have all responsible viewpoints recognized. Rich Rossman has expressed a desire for sometime in stepping down as executive director. The search committee reported that several prospects have been approached as to their interest. Unfortunately, the committee has been unable to identify a potential successor. Rich has agreed to continue for the short run while the search continues. The board expressed its appreciation by awarding both Rich and Lisa a bonus for their efforts.

2018 Dues N o tic e

President Elect Terry Flynn announced the 2019 conference will be held in San Francisco at the Westin St. Francis. Vice President Paul Coggins announced he is leaning towards Dallas in 2020. On a final note, when we learned that President H.W. Bush's brother had died and that Board Member Catherine Hanaway was leaving the board meeting to attend the funeral, President Hardin proposed a letter of condolence which was signed by all present and presented by Hanaway to the Bush family. Sadly, Barbara Bush died a few days later.

2018 dues notices were sent via email and were due February 28, 2018. If you haven't paid your dues, please click on the link below and send your payment.

As is our custom, NAFUSA board members paid their own travel and hotel expenses to St. Pete. A good time was had by all.

Regular dues remain at $150 annually, and lifetime dues at a one-time payment $1500. Payment may be made by check or by credit card. Members who have reached their 70th birthday and are fully retired from the active practice

of law, may take senior status for $50 per year.

Click here to pay annual dues

G iu lia n i J o in s P re s id e n t' s L e g a l T e a m NAFUSA lifetime member Rudy Giuliani announced on April 19, 2018, that he has joined President Trump's legal team dealing with the ongoing special counsel probe. "I'm doing it because I hope we can negotiate an end to this for the good of the country and because I have high regard for the president and for Bob Mueller," Giuliani said in an interview. He is taking a leave of absence from his position at Greenberg Traurig LLP, which he joined in early 2016. Giuliani became the U.S. Associate Attorney General in 1981-1983. He served as the U.S. Attorney for the Southern District of New York in 1983-1989. He served two consecutive terms as the Mayor of the City of New York from 1994-2001

F itz g e ra ld J o in s K e lle y o n C o m e y L e g a l Team

Patrick Fitzgerald (Jose M. Osorio/Chicago Tribune) NAFUSA member Patrick Fitzgerald said in a statement released on April 24, 2018, that he is on the legal team representing former FBI Director James Comey. He said he joined the representation in May 2017. Daniel Richman, a Columbia Law School professor, and NAFUSA member David Kelley, a former U.S. attorney for the Southern District of New York (2003-2005), are also on Comey's legal team, according to a Comey associate.

Fitzgerald served as the U.S. Attorney for the Northern District of Illinois (2001-2012) and is now a partner in Chicago of the law firm of Skadden, Arps, Slate, Meagher and Flom. Kelley is a partner in the New York office of Dechert LLP.

David Kelley

M a c h e n N e g o tia te s P a n a s o n ic ' s $ 2 8 0 M

F C P A P e n a ltie s

Ron Machen Jr_Photo by Diego M. Radzinschi_The NATIONAL LAW JOURNAL As reported on April 30, 2018, by The National Law Journal, NAFUSA board member Ronald Machen served as lead counsel for Panasonic Avionics to resolve alleged violations of the Foreign Corrupt Practices Act, a negotiation that resulted Monday in settlements with the U.S. Justice Department and U.S. Securities and Exchange Commission totaling $280 million. Panasonic Avionics, a supplier of in-flight entertainment and communications systems, agreed to pay a $137.4 million penalty as part of a deferred prosecution agreement with the Justice Department. As reported by the NLG, the Justice Department penalty represented a 20 percent discount off the low end of the U.S. sentencing guideline range. Prosecutors said they gave Panasonic the reduction for its cooperation with the investigation and for the steps the company took to address the misconduct, such as replacing several senior executives who were involved in the misconduct. The company separately agreed to pay $143 million in disgorgement to the SEC. According to the SEC settlement, the company created an "office of compliance and ethics" led by a new chief compliance officer. The settlement terms also require Panasonic to retain an independent compliance monitor for at least two years and continue cooperating with the Justice Department. Click here to read the full article from The National Law Journal Machen served as the United States Attorney for the District of Columbia (2010-2015). He is currently a partner Wilmer Hale.

S h a ro n Z e a le y J o in s C o x E n te rp ris e s

NAFUSA member Sharon Zealey recently joined Cox Enterprises, Inc. as the Vice President, Compliance. Sharon is responsible for establishing and achieving corporate compliance operational objectives. She will design and execute the Company's compliance strategy and training. Cox Enterprises, Inc. is a leading communications, media and automotive services company with revenues of $20 billion and 55,000 employees. Company divisions include Cox Communications, Cox Media Group, and Cox Automotive. Sharon previously served as Lead Counsel for Carestream Dental LLC, a medical device company, where she established its global compliance program. Prior to that, she founded NextGen Compliance LLC in Atlanta and was a business consultant on compliance issues and risk assessment. Sharon was the Chief Ethics and Compliance Officer for The Coca-Cola Company for seven years. During her tenure, the company was recognized nationally for its user-friendly hotline, effective global compliance network and corporate integrity. Sharon served as the former United States Attorney for the Southern District of Ohio, 1997-2001.

C a ro l L a m E le c te d to S ta n fo rd B o a rd o f T ru s te e s Four new members have been elected to the Stanford Board of Trustees and will begin their posts this April, including NAFUSA member Carol Lam J.D. '85, senior vice president and deputy general counsel of semiconductor and telecommunications company Qualcomm, Inc. Lam became the U.S. Attorney for the Southern District of California after serving San Diego as a Superior Court judge. She worked on cases concerning health care and white collar crime and was instrumental in winning a bribery case against former Congressman Randy Cunningham that linked illegal payoffs to the

awarding of arms contracts. Lam served on the board of The Bishop's School in La Jolla, California.

Carol Lam (courtesy of Stanford News)

G re g B ro w e r J o in s B ro w n s te in Brownstein Hyatt Farber Schreck announced on April 2, that NAFUSA member Greg Brower joined the firm as a shareholder in the Litigation Department. Brower will split his time between the firm's Nevada and Washington, D.C., offices and will focus on civil and criminal litigation; enforcement, regulatory, and investigative matters; cybersecurity; as well as government affairs at both the federal and state levels. "Greg's deep experience as both a first-chair litigator and as a public servant, both in Nevada and in Washington, D.C., will be an outstanding asset to our clients as well as to our colleagues throughout the firm," said Ellen Schulhofer, the firm's Las Vegas office managing partner and Executive Committee member. "From high stakes litigation to significant enforcement actions to complex policy matters, Greg's broad experience as a trial and appellate advocate and as a policymaker and thought leader will contribute in a very significant way to our range of client services." Most recently, Greg was the assistant director for congressional affairs at the Federal Bureau of Investigation, serving as the FBI's chief liaison to Congress on a wide range of critical oversight and investigative matters. He previously served as the FBI's deputy general counsel, managing a diverse portfolio of legal matters, including litigation, privacy, procurement, compliance and ethics. During his time as a senior FBI executive, spanning two administrations, he worked closely with high-ranking officials in the U.S. Department of Justice and the U.S. intelligence community, and with key leaders on Capitol Hill. Greg's prior federal service also includes two years as the U.S. Attorney for the District of Nevada, and as general counsel and as inspector general at the U.S. Government Publishing Office. He also previously served in DOJ at Main Justice as legislative counsel in the Executive Office for U.S. Attorneys.

At the state level, Greg has served in a variety of public policy roles, including several terms in the Nevada Legislature, where he was chairman of the Senate Judiciary Committee. He has also served on the Nevada Gaming Policy Committee, the Nevada Advisory Commission on the Administration of Justice, the Nevada Sentencing Commission and the Nevada Juvenile Justice Commission. Greg has also served the Nevada legal community as an adjunct professor of law at the William S. Boyd School of Law at the University of Nevada, Las Vegas, where he has taught courses in national security law and trial advocacy. He is a graduate of the University of California, Berkeley and The George Washington University Law School. Before attending law school, Greg served in the U.S. Navy as a surface warfare officer.

P e g L a u te n s c h la g e r D ie s Former United States Attorney Peg Lautenschlager died from cancer early Saturday, March 31, 2018, at her home in Fond du Lac, Wisconsin. She served as the U.S. Attorney for the Western District of Wisconsin from 1993-2001, including service on the AGAC. She also served as the Attorney General of Wisconsin (2003-2007), and as a state representative and as a local district attorney. She is a 1980 graduate of the University of Wisconsin Law School. Peg is survived by her husband, Bill Rippl and her five children and step-children. A memorial service was held in Fond du Lac on April 15, 2018. Click here to view the obituary. As is our custom, NAFUSA requested that an American flag be flown over Main Justice in Peg's honor and it was presented to her family as a token of the regard with which Peg was held by her colleagues.

J o h n R a le y D ie s

John W. Raley, Jr., who served as the United States Attorney for the Eastern District of Oklahoma (19901997), died on April 6, 2018. Raley was appointed by President H.W. Bush and reappointed by President Clinton, the only sitting U.S. Attorney to be reappointed at that time. Raley also served as an assistant U.S. Attorney from 19611969 and was mayor of Ponca City, Oklahoma (1980-1982), and a municipal judge (2000-2004). He was also a captain in the U.S. Naval Reserve. He was a graduate of the University of Oklahoma Law School. Raley is the author of "Beyond the Gate: My Journey as an Oklahoma Boy." A celebration of his life was held on April 12 in Ponca City, OK. As is our custom, at NAFUSA's request, an American flag was flown over Main Justice in John's honor and it will be presented to his family as a token of the regard with which he was held by his colleagues.

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: 248-797-2053 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