The NAFUSA 2014 Bradford Award winners, Steven Sanders, John Gay, and Joseph Minish (shown above at the NAFUSA Boston conference), were recognized by Monty Wilkinson, Director of EOUSA, with the Director’s Award for Superior Performance as a Criminal AUSA. This award reflects outstanding litigative accomplishments in the areas of violent crime, terrorism, public corruption, child exploitation, and various forms of fraud.
At a ceremony at Main Justice in June, the program included the following:
John Gay, Joseph N. Minish, and Steven G. Sanders (District of New Jersey) are recognized for their outstanding performance in the investigation and prosecution of Paul Bergrin, a former state and federal prosecutor. Bergrin used his law practice as a RICO enterprise through which he and others committed a series of racketeering acts. The outstanding work of Mr. Gay, Mr. Minish, and Mr. Sanders culminated in a two-month jury trial that resulted in convictions on all 23 counts of the indictment, including murder of a witness, conspiracy to murder a different witness, RICO, RICO conspiracy, violent crimes in aid of a racketeering enterprise, conspiracy to distribute narcotics, and a variety of other substantive crimes related to the distribution of narcotics and the operation of a prostitution business. Bergrin was sentenced to life in prison on September 23, 2013.
On May 13, 2015, the Senate voted 84-12 to confirm Sally Yates as deputy attorney general. She has held the post on an acting basis since January. She previously served as the United States Attorney for the Northern District of Georgia, confirmed on March 10, 2010, and as the vice chairwoman of the the Attorney General’s Advisory Committee (AGAC). She is a graduate of the University of Georgia School of Law. Yates replaced James Cole, who spent over four years as DAG before resigning at the beginning of the year.
Attorney General Loretta E. Lynch released the following statement on the confirmation of Sally Quillian Yates as Deputy Attorney General:
I am pleased to congratulate Sally Yates on her confirmation as Deputy Attorney General – a vital position she has already held in an acting capacity and in which I am confident she will continue to excel. I thank the members of the United States Senate for their prompt action on her nomination.
At every stage of her career, Sally has demonstrated her dedication to the rule of law, her devotion to the cause of justice and her commitment to all those whom the law protects and empowers. Her leadership and her skill have earned her the respect and the trust of law enforcement professionals at every level. And her exemplary work on a wide range of issues – from combating public corruption to prosecuting acts of terrorism – has proven that she is equal to any task.
During the time we served together as U.S. Attorneys and through these first few weeks of my tenure as Attorney General, Sally has been an indispensable ally, an outstanding professional, and a judicious and expert advisor. I congratulate her once again on her confirmation, and I look forward to all that the Department of Justice will continue to achieve with the help of her exceptional leadership.
The Department of Justice on May 13, 2015, announced the appointment of NAFUSA member Chuck Rosenberg to serve as Acting Administrator of the Drug Enforcement Administration (DEA).
“Throughout his distinguished career in law enforcement and public service, Chuck has earned the trust and the praise of his colleagues at every level,” said Attorney General Loretta E. Lynch. “He has proven himself as an exceptional leader, a skilled problem-solver, and a consummate public servant of unshakeable integrity. And he has demonstrated, time and again, his deep and unwavering commitment not only to the women and men who secure our nation, but to the fundamental values that animate their service. As Acting Administrator of the DEA, Chuck will play a vital role in the work of this Administration and this Department of Justice to pursue American priorities, protect American interests, and safeguard our way of life. I can think of no better individual to lead this storied agency, and I have no doubt that his tenure will be defined by the same commitment to honor and excellence that has guided him throughout his distinguished career. I congratulate him once again on this well-deserved appointment, and look forward to all that he will achieve in the days ahead.”
A veteran of the Justice Department, Rosenberg served as Chief of Staff to the Director of the FBI prior to his new appointment. In that role, he worked closely with Director James B. Comey and other senior FBI officials on counterterrorism, intelligence, cyber and criminal investigative issues, including with international, federal, state and local law enforcement partners. He also worked closely with Director Comey on management, policy and personnel issues.
“Chuck Rosenberg is one of the finest people and public servants I have ever known,” said Director Comey. “His judgment, intelligence, humility, and passion for the mission will be sorely missed at FBI. I congratulate our friends at the Drug Enforcement Administration. This is good for the entire Department of Justice and the country.”
Rosenberg was presidentially appointed and confirmed as the U.S. Attorney of the Eastern District of Virginia, from 2006 through 2008, and appointed by the Attorney General to serve as the U.S. Attorney of the Southern District of Texas, from 2005 through 2006.
Rosenberg was hired out of law school through the Attorney General’s Honors Program and has served in numerous positions throughout the Department of Justice, including Chief of Staff to the Deputy Attorney General from 2004 through 2005, Counselor to the Attorney General from 2003 through 2004, Counsel to the Director of the FBI from 2002 through 2003, an Assistant U.S. Attorney in the Eastern District of Virginia from 1994 through 2000, and a Trial Attorney for the Tax Division’s Criminal Enforcement Section from 1990 through 1994.
Rosenberg has also spent time working in private practice as Counsel at Hunton and Williams, from 2000 through 2002, and as a partner at Hogan Lovells US LLP (2008-2013). Rosenberg received his B.A. from Tufts University, his M.P.P. from Harvard University and his J.D. from the University of Virginia. Rosenberg assumed the role of Acting Administrator on May 18, 2015. He replaced Administrator Michele Leonhart, who previously announced her retirement.
The U.S. Senate voted (56-43) today to narrowly confirm Loretta Lynch as Attorney General of the United States. Ten Republicans joined all 44 Democrats, along with two independents, ending the months of waiting. Eric Holder bid farewell to the Department on Friday and Lynch is expected to be sworn in on Monday. Lynch, the United States Attorney for the Eastern District of New York, is the first U.S. Attorney to be elevated by a president directly to the position of attorney general since 1817.
On Friday, March 20, 2015, Attorney General Eric Holder released the following statement on the departure of Director B. Todd Jones of the Bureau of Alcohol, Tobaccos, Firearms and Explosives:
Throughtout his tenure as Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Todd Jones has cemented his reputation as an exemplary leader, a consummate professional, and an outstanding public servant. Since 2011, when I asked Todd to serve as Acting Director of ATF, he has made bold changes, advanced forward-looking policies, and taken innovative steps to strengthen ATF’s investigative capabilities—including ballistic imaging technology that recently played a critical role in the investigation of the shooting of two police officers. With his guidance, ATF has implemented its Frontline business model—a data-driven approach designed to ensure the agency can focus its resources to achieve maximum impact. The agency has developed groundbreaking law enforcement initiatives across the country to combat violent crime and bring dangerous criminals to justice. And as a result of Todd’s leadership, ATF has built a proactive, creative, and effective team that is well-prepared to drive the agency into the future.
As a former officer in the United States Marine Corps, a highly talented prosecutor, and a proven leader who has been named a U.S. Attorney by two different presidents, Todd Jones has never hesitated to answer the call to serve his community and his country with exceptional integrity and uncommon distinction. As the first ever Senate-confirmed Director of ATF, his indelible legacy will serve as an inspiring example for all those who follow him. On behalf of the Department of Justice, I thank him for his extraordinary service and wish him all the best as he takes the next steps in his already remarkable career.
On Monday, March 23, Roger Goodell, the commissioner of the N.F.L., told the league’s 32 team owners that he would appoint Jones as the league’s new chief disciplinary officer.
On February 26, 2015, the Senate Judiciary Committee approved the nomination of Loretta Lynch as Attorney General. With a vote of 12-8, GOP Senators Lindsey Graham, Orrin Hatch, and Jeff Flake, joined the Democrats on the committee in sending the nomination to the full Senate. The Republican opposition cites the Obama administration’s actions on immigration and her belief in the legality of the president’s executive action on immigration– issues which may lead to a contentious vote in the full Senate.
Lynch has had strong bipartisan support, as shown by the letter to the Judiciary Committee signed by 25 former United States Attorneys. (See January 22, 2015 post)
However, the nomination stalled over a dispute between Democrats and Republicans over an abortion provision in a bill to create a fund for victims of sexual trafficking. Senate Majority Leader Mitch McConnell has refused to turn to the matter of confirming Lynch until the sex-trafficking bill got off the floor. As of March 18, Lynch has been waiting 129 days for confirmation, longer than the five previous nominees combined. Senators Corker, Alexander and Wicker announced they will opposed Lynch’s nomination, casting doubt as to whether she will have enough votes to be confirmed. NAFUSA lifetime member Rudy Giuliani, on the other hand, is “stepping up his lobbying for Loretta Lynch’s confimation as attorney general”, in a letter to Senator Lindsey Graham, as reported in Politico. Bloomberg Politics reports that Lynch “probably won’t get a Senate confirmation vote until at least mid-April five months after she was nominated, because the chamber plans to spend this week debating its budget proposal.”
But on April 2, Senator Mark Kirk, Republican of Illinois, said he would vote to confirm Lynch, apparently giving her enough votes for confirmation. She reportedly already has the votes of Republican Senators Susan Collins, Lindsey Graham, Orrin Hatch and Jeff Flake. Nevertheless, the vote is not expected until mid-April at the earliest.
Twenty five former United States Attorneys have written a letter to Senator Grassley, chair of the Senate Committee on the Judiciary, and Patrick Leahy, the ranking member, supporting the confirmation of Loretta Lynch as Attorney General of the United States.
In a strong showing of bipartisan support, the letter is signed by former U.S. Attorneys who have served in Republican administrations as well as Democratic administrations.
We firmly believe that Ms. Lynch will make an outstanding Attorney General. And, we are very pleased that the President has nominated a sitting U.S. Attorney to be Attorney General. Indeed, if confirmed, this would be the first time in almost two centuries that a U.S. Attorney would have been directly elevated to Attorney General.
As you might expect, we are proud of our service in the Justice Department and believe that serving as U.S. Attorney provides a strong background to be Attorney General. Both because of that and because of her own strong personal qualifications, we believe that Ms. Lynch has the experience, temperament, independence, integrity, and judgment to immediately assume this critically important position.
Attorney General Eric Holder announced today the appointment of United States Attorney John F. Walsh, shown left, for the District of Colorado as chair of the Attorney General’s Advisory Committee of United States Attorneys (AGAC). Attorney General Holder also appointed United States Attorney Richard S. Hartunian for the Northern District of New York to serve as vice chair. Both appointments are effective immediately.
“Throughout their respective tenures in Colorado and the Northern District of New York, John Walsh and Richard Hartunian have been thoughtful leaders of the United States Attorney community, fierce advocates for the citizens they serve, and champions of the cause of justice,” said Attorney General Holder. “Each of them has been instrumental in addressing sensitive legal issues, handling difficult cases, and shaping and implementing critical Smart on Crime reforms. I thank John and Richard for agreeing to lead the Attorney General’s Advisory Committee – and for lending their perspectives and deep experience to the pressing policy questions about which I, and Attorney General-designate Loretta Lynch, will surely look to them for guidance and counsel.”
U.S. Attorney Walsh previously served on the AGAC from February 2011 to January 2013 as the chair of the Medical Marijuana Working Group and co-chair of the White Collar/Fraud Subcommittee. He replaces U.S. Attorney for the Eastern District of New York and Attorney General nominee Loretta E. Lynch.
U.S. Attorney Hartunian, shown right, was appointed to the AGAC in April 2013 and has served as the chair of the Border and Immigration Subcommittee in addition to serving on several committees. He replaces Acting Deputy Attorney General and former U.S. Attorney for the Northern District of Georgia Sally Quillian Yates.
On January 2, 2015, the United States Merit Systems Protection Board voided the suspensions of two Alaska Assistant United States Attorneys, James Bottini and James Goeke, in the public corruption case against former Sen. Ted Stevens. Bottini was represented by NAFUSA Board Member Ken Wainstein.
Bottini and Goeke were members of the 2008 federal criminal prosection team of Sen. Stevens. Although a jury convicted the Senator, the government moved to vacate the conviction on the grounds that its prosecution team had failed to disclose information that was exculpatory or could have been used for impeachment. The Office of Professional Responsibility (OPR) found that Bottini and Goeke had recklessly, although not intentionally, committed professional misconduct in handling some of this information.
The Merit Systems Protections Board found that the Department committed harmful procedural error by deviating from its Professional Misconduct Review Unit (PMRU) disciplinary process. The Board found two harmful errors. The first, the agency replaced the proposing official after he authored his memorandum explaining why he believed OPR’s findings of reckless professional misconduct were not supported. Secondly, the agency designated the PMRU Chief, rather than a subordinate PMRU attorney, to serve as the proposing official.
Although the Board did not reach the merits of the substantive charge against the appellants, based on the procedural errors, it cancelled the suspensions and ordered the agency to pay the appellants back pay, interest and other benefits.
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