Johnnie Mac Walters Dies, 94

June 26, 2014

Long time NAFUSA member Johnnie “Mac” Walters, died at his home in Greenville, South Carolina, on Tuesday, June 24, 2014. He was 94. See the full obituary from today’s New York Times. He served as assistant attorney general (1969-1971) and as commissioner of Internal Revenue (1971-1973) in the Nixon Administration.

As described in his memoirs, Our Journey, published in 2011,

In 1971 embattled President Richard M. Nixon sought to use the Internal Revenue Service as a weapon to investigate and punish his “enemies.” Tapes of White House conversations reveal that Nixon wanted as Commissioner “a ruthless son-of-a-bitch that he will do what he is told; that every income tax return I want to see I see; that he will go after our enemies and not go after our friends.”

Attorney General John Mitchell recommended Assistant AG Johnnie Mac Walters. Apparently no one checked with Walters who was “shocked” when White House Counsel John Dean presented him with an “enemies list.” Walters resisted pressure from the White House and told Secretary of the Treasury George Schultz that he could “have my job anytime he wanted it.”

Walters earned his law degree from the University of Michigan Law School. He served in World War II in the U.S. Army Air Force as a navigator, flying fifty bombing missions. He was awarded a Legion of Honor award from the nation of France in 2012.

Walters is survived by his wife, Donna Hall Walters, and his sons Hilton and John Roy; and his daughters, Donna Diane Gent and Betsy Kukorowski; five grandchildren and one great-grandson. A memorial service will be held at the First Baptist Church in Greenville at 2 p.m. on July 19, 2014.

At NAFUSA’s request, an American flag was flown over the Department of Justice on June 27, 2014, in honor of Johnnie Mac Walters and will be presented to his family as a token of the appreciation in which he was held by his colleagues.

Flown over the Department of Justice on June 27, 2014, in honor of Johnnie Mac Walters

Thornburgh in Hospital With Mild Stroke

June 24, 2014

According to a report in Reuters on Sunday, June 22, 2014, NAFUSA member Dick Thornburgh, a former U.S. attorney general, two-term Pennsylvania governor, and U.S. Attorney for the WD of Pennsylvania, 1969-1975, has been hospitalized in Pittsburgh.

Thornburgh, 81, who served as U.S. attorney general under President Ronald Reagan and President George H.W. Bush, suffered a mild stroke on Saturday, the Pittsburgh Tribune-Review reported, citing Thornburgh’s wife, Ginny Thornburgh.

“He is resting comfortably and receiving excellent care at UPMC Presbyterian,” Thornburgh’s family said in a statement released through the hospital. “He is awake, alert and looking forward to a full recovery.”

On July 10, 2014, Dick Thornburgh’s assistant at K&L Gates provided this update:

Dick Thornburgh is undergoing rehab at UPMC/Mercy hospital in Pittsburgh. He is doing well and he is receiving excellent care from dedicated and caring professionals and his condition appears to be on an upward trajectory. Within the next ten days or so he expects to have a better fix on his future prospects.

Vaira Joins Greenblatt, Pierce, Engle, Funt & Flores

June 24, 2014

NAFUSA member Peter F. Vaira (E.D. Pennsylvania, 1978-1983) joined the Philadelphia law firm of Greenblatt, Pierce, Engle, Funt & Flores (GPEFF) in March, 2014. Vaira will serve as special counsel. In announcing his joining the firm, GPEFF stated:

Peter’s over 50 years of practice, during which he has handled the most complex criminal and civil matters in state and federal court, has earned him a reputation as one of the most respected attorneys in the region. Mr. Vaira is also a widely sought after arbitrator, mediator, special master, and independent hearing officer with numerous years of experience in the field of alternative dispute resolution.

Mr. Vaira will direct GPEFF’s alternative dispute resolution practice while also working alongside Michael J. Engle who leads our white collar practice group. We are honored to have such a tremendously accomplished attorney practicing law with our talented team of trial lawyers.

Founded over 20 years ago as an aggressive criminal defense law practice, GPEFF has since become an established, full-service law firm, with offices in both Pennsylvania and New Jersey. www.gpeff.com.

Vaira has written many fine articles in The Legal Intelligencer. Click here The Legal Intelligencer, June 17, 2014 (1) to read his most recent, Protecting Law Firms From Increasing Cyberattacks.

NAFUSA Board Meets in Napa

June 20, 2014

NAFUSA officers and board members met in Napa Valley on June 6-7, 2014 for their annual spring meeting. The meeting was held at the Villagio Inn and Spa in Yountville, California. As is the custom, members paid their own travel and hotel expenses.

Executive Director Emeritus Mahlon Brown and Pat Brown joined the board for the weekend, and local members Joe Russinello and Chuck Stevens, along with their wives, Moira and Ann, also attended as guests. Joe Russinello hosted a golf outing at Silverado as well.

President Don Stern reported on the early plans for the Boston conference to be held on October 9-11 at the Fairmont Copley Plaza. The Thursday evening cocktail reception will honor Bob Mueller. Registration is expected to begin in July. NAFUSA has the support of $85,000 in sponsors, with more sponsors expected. A full list of sponsors can be found on the website and in each monthly newsletter.

Executive Director Rich Rossman reported that NAFUSA has 261 active members, including 53 life members and 20 seniors (over 70 and fully retired). Unfortunately 42 members have yet to pay their 2014 dues, which were payable February 28, 2014. The present dues structure is not sufficient to pay operating expenses, and NAFUSA relies upon its sponsors. Nevertheless, the board voted to retain the present schedule of annual dues at $150, seniors at $50 and lifetime dues at $1500. The board also voted to maintain the conference registration fees at $400 per member and $300 for a spouse. These rates have been the same for several years.

For the past three years, the executive director has been assisted by his nephew, Ken Rossman, for technical support. With Ken’s support, the webpage and the newsletter have been significantly upgraded. Ken has decided to step down, and the board approved the hiring of John Steele of Denver, Colorado, as Ken’s replacement. John will be a first year law student in the fall and has significant technical experience. He will continue in the IT field during the day and attend law school at night. The board is hopeful that John will establish a model we can use in the future and when he graduates law school we can find another IT consultant/law student to take his place.

President Elect Matt Orwig confirmed that the 2015 conference will be held on October 15-18 at The Phoenician in Scottsdale, Arizona. Vice President Greg Vega advised that the 2016 conference will be in San Diego.

ABA Southeastern White Collar Crime Institute

June 20, 2014

NAFUSA member Joe Whitely, shown above at the 2013 NAFUSA conference in Washington, will co-chair the program for the September 11-12, 2014 ABA Criminal Justice Section Southeastern White Collar Crime Institute. It will be held at the Chateuau Elan Inn in Brasselton, Georgia, and will feature several NAFUSA members as speakers: Bart Daniel, Rick Deane, Tom Dillard and Jack Selden.

Click here to view the program and registration information: ABA CJS Southeastern White Collar Crime Institute 2014 (as of June 18, 2014).

Leone To Head Norton Rose Fulbright NY White Collar Practice

June 11, 2014

NAFUSA member Bill Leone (Colorado 2004-2006) has been chosen to lead the white collar and government investigations practice in the New York office of Norton Rose Fulbright. Bill served as US Attorney in Colorado and led several high profile, complex white collar investigations including the prosecution of Qwest CEO Joe Nacchio.

Norton Rose Fulbright, one of NAFUSA’s sponsors, is the 3^rd largest law firm in the world following the combination of Norton Rose LLP and Fulbright & Jaworski, with 55 offices around the globe, including North and South America, Asia, Europe, Africa and Australia. Bill will continue to spend time in Denver where he maintains his practice and has led the litigation group for the past three years. Bill’s practice includes investigations in the energy, medical device, health care and technology sectors, as well as a portfolio of white collar cases and civil and criminal trials.

Valukas Issues GM Internal Investigation Report

June 11, 2014

On June 5, 2014, NAFUSA member Anton “Tony” Valukas issued his report of his internal investigation of General Motors regarding the failure of the company to fix a deadly safety defect, which is alleged to have led to at least 13 deaths. Read the entire report here.

As a result of the investigation and report, GM dismissed 15 employees, including a vice president for regulatory affairs and a senior lawyer responsible for product liability cases. The report is expected to lead to broad changes in how GM handles vehicle safety.

Valukas was critical of the GM bureaucracy. “The Cobalt ignition switch passed through an astonishing number of committees,” he wrote. “But determining the identity of any actual decision-maker was impenetrable.”

The Valukas report, however, did clear Mary T. Barra G.M.’s chief executive, and Michael Millikin, the general counsel. Valukas found no evidence of a deliberate cover-up.

Valukas is the chairman of Jenner & Block LLP and served as the United States Attorney for the Northern District of Illinois from 1985 to 1989. He also served as the Justice Department appointed examiner of the downfall of Lehman Brothers Holdings, Inc.

Ratcliffe Wins TX GOP Primary Runoff

May 28, 2014

NAFUSA lifetime member John Ratcliffe defeated Rep. Ralph Hall on Tuesday, 53%-47% in a GOP primary runoff for the 4th Congressional District of Texas, which covers the northeast corner of the state. Hall, the 90 year old GOP incumbent, the oldest member of Congress, has served 34 years or 17 terms. Hall is the first incumbent to lose renomination this cycle. With no Democratic candidate, Ratcliffe will be unopposed in November, and will join fellow NAFUSA member Susan Brooks in Congress.

Ratcliffe served as the United States Attorney for the Eastern District of Texas, 2007-2008. He had served as first assistant to NAFUSA President-Elect Matt Orwig, and succeeded Orwig when the latter returned to private practice.

Ratcliffe is currently a partner with the Ashcroft Law Firm in the Dallas office. He earned his Juris Doctor at the Southern Methodist University School of Law. He has served as adjunct professor of law at both SMU and Texas Wesleyan University. He also served as mayor of Heath, Texas for eight years.

Focus on MacBride in Credit Suisse Case

May 23, 2014

In an article in the Thursday, May 22, 2014, issue of The New York Times entitled From Virginia, Chasing Down Credit Suisse, NAFUSA member Neil MacBride is featured for his former leadership of the Eastern District of Virginia. Credit Suisse is headquartered in Zurich and has an office in New York, but its only contact with MacBride’s district was the fact that a Credit Suisse client flew out of Dulles Airport on his way to Zurich. That fact justified the indictment which led this week to the bank pleading guilty to helping thousands of American clients hide their wealth overseas.

The Times article discusses how MacBride, now a partner at Davis Polk, and his colleagues in the ED of Virginia were aggressive in claiming jurisdiction in a number of other cases as well to bring financial investigations into their district.

“There was a huge financial crisis that rocked the world, and it didn’t matter to us if the frauds occurred within the four corners of our district or around the globe,” said Mr. MacBride, who left behind investigations involving 60 countries when he left office last September.