Stevens AUSA Suspensions Overturned By Merit Systems Protections Board

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.

View decision of the Merit Systems Protection Board here.

 

 

 

Mueller Releases Report in NFL Investigation

Robert Mueller

NAFUSA member Robert Mueller, the former F.B.I. director, was retained by the N.F.L. to investigate how the league handled the domestic abuse case involving former Baltimore Ravens running back Ray Rice. Mueller released his findings last Thursday, January 8, 2015.

Mueller found that the N.F.L. and Commissioner Roger Goodell did not have or view the video that showed Rice punching his fiancee in an elevator before Goodell suspended Rice for two games in July. But the league made little effort to pursue the case even after it “possessed substantial information suggesting a serious event had occurred inside the elevator,” according to Mueller’s report. Mueller concluded that the league was aware of the magnitude of the encounter but nevertheless agreed to a light punishment of Rice.

Click here to view Mueller’s Report of the Ray Rice Domestic Violence Case

Stern Interviewed on Boston Bombing Trial

AMI Don Stern photo

As jury selection is scheduled to begin today, NAFUSA Immediate Past President Donald Stern, former U.S. attorney for Massachusetts, currently with Affiliated Monitors, and Stephanie Roberts Hartung, a professor at Suffolk University Law School, discuss the trial of accused Boston Marathon bomber Dzhokhar Tsarnaev. They speak with June Grasso on Bloomberg Radio’s “Bloomberg Law.”

Click here to hear the recording from January 2, 2015.

 

Heffelfinger Named Co-Chair of Judicial Selection Committee in Minnesota

Tom Heffelfinger

U.S. Senators Amy Klobuchar and Al Franken announced on December 29, 2014, the formation of a judicial selection committee to assist them in making a recommendation to the President to fill a vacancy on Minnesota’s federal district court that was created by Chief Judge Michael J. Davis’s decision to assume senior status. Judge Davis sent a letter to President Obama announcing he would retire from regular active service as a United States District Court Judge in August of 2015 and continue to serve as a senior judge.

The Committee is co-chaired by NAFUSA member Thomas Heffelfinger, shown above, former U.S. Attorney for the District of Minnesota under Presidents George H.W. Bush and George W. Bush and current partner at Best & Flanagan, and R. Ann Huntrods, a partner at Briggs and Morgan and former head of that firm’s employment law practice group

Max Wood Deployed to Pakistan

Max Wood

NAFUSA member Max Wood, the former United States Attorney for the Middle District of Georgia (2001-2009), has returned to military active duty for a one year deployment to Pakistan. Wood will serve as the Chief of Staff for the Office of Defense  Representative Pakistan (ODRP) from June of 2014 until July of 2015. The ODRP oversees over one Billion dollars of annual military assistance to the Pakistan military. A Colonel in the US Air Force Reserves, Wood is on leave from his position as the Chief Administrative Law Judge for the State of Georgia during this deployment. While United States Attorney, Wood served as the Justice Department Attache at the US Embassy in Baghdad, Iraq from 2005-2006.

Jay Stephens to Retire From Raytheon

Jay Stephens

Raytheon Company announced on Wednesday, December 17, 2014, that Jay B. Stephens, Senior Vice President, General Counsel and Corporate Secretary of Raytheon, has advised the Company of his intention to retire at the end of March 2015. For more than twelve years, Stephens has served as Senior Vice President and General Counsel of Raytheon and for the past eight years has also served as Corporate Secretary of the Company. Stephens is a past president of NAFUSA (2012-2013), having led the successful conference in Washington in 2013.

“Jay’s leadership has had a tremendous impact on Raytheon and contributed significantly to our success over the past twelve years,” noted Thomas A. Kennedy, Raytheon Chairman and CEO. “He has been instrumental in supporting our global business strategy, successfully managing the Company’s risk profile, fostering a culture of compliance and business integrity, and building a collaborative team of professional business partners.”

In advising the Company of his plans to retire, Stephens noted, “During the past twelve years, I have been honored to lead a great team of dedicated professionals, to contribute to the success of our customers, employees, shareholders and business partners, and to serve the critical mission of protecting the national security of America and its allies.”

Before joining Raytheon, Stephens served in a number of positions in both the public and private sectors. He served as Associate Attorney General of the United States, Deputy General Counsel of Honeywell International, United States Attorney for the District of Columbia, Deputy Counsel to the President of the United States, and as a partner in the Washington office of a national law firm, among other roles. He currently serves on the boards of a number of non-profit educational and professional organizations. Earlier this year, Stephens was named one of America’s top fifty general counsels by the National Law Journal.

Stephens is widely recognized as a strong business partner who has built a team of talented, engaged professionals who champion the Company’s efforts to achieve a reputation for sound corporate governance, corporate responsibility, and regulatory compliance practices.

“Jay Stephens has been a key partner in the successful work of our Board, and he has consistently contributed sound counsel and good judgment,” said Vern Clark, Lead Director of Raytheon’s Board of Directors. “The integrity and credibility of his leadership have been a catalyst in shaping Raytheon’s reputation for exceptional corporate governance and sound business practices.”

 

Keneally Joins DLA Piper

Kathryn Keneally

NAFUSA’s newest member, Kathryn Keneally, who served as the Assistant Attorney General for the Tax Division of the US Department of Justice from 2012-2014, joined the New York office of DLA Piper in September as chair of its Civil and Criminal Tax Litigation group.

During her tenure at Justice, Keneally developed a groundbreaking program to redress past wrongdoing by foreign banks, and she worked closely with federal and state regulators on a precedent-setting prosecution of a large financial institution. She also developed and implemented a comprehensive approach to civil and criminal tax enforcement. Attorney General Eric G. Holder recognized her achievements by awarding her the Edmund J. Randolph Award for outstanding service to the Department of Justice and the nation, the highest honor that the Attorney General may award to a department employee.

Prior to her service at the Department of Justice, Keneally represented businesses and individuals before the IRS and other government agencies. She has served as a Vice Chair of the American Bar Association Section of Taxation, and chaired two of the Section of Taxation’s Committees – the Committee on Civil and Criminal Tax Penalties, which addresses matters relating to civil and criminal tax litigation, and the Committee on the Standards of Tax Practice, which addresses ethics standards for tax practitioners. She is currently a chair of the National Institute on Criminal Tax Fraud and the National Institute on Tax Controversy.

Keneally earned her LL.M. in Taxation from NYU School of Law, her J.D. from Fordham University School of Law, and her B.S. from Cornell University.

Holton Publishes Editorial Supporting Brennan Center’s Efforts to Reduce Mass Incarceration

The Brennan Center for Justice at NYU School of Law has initiated a flagship initiative to reduce mass incarceration in response to growing concerns among many law enforcement and government leaders that our country’s incarceration rate is too high. As Attorney General Eric Holder has stated, “Too many people go to too many prisons for far too long for no good law enforcement reason.”

Last July, the Brennan Center convened a panel for a discussion on shifting the incentives of federal prosecutors to align with an approach to criminal justice policy that seeks to reduce crime while also reducing the federal prison population. The panel included the following former and current U.S. Attorneys: G. Douglas Jones (NDAL), Chair; Walter C. Holton, Jr. (MDNC); Loretta E. Lynch (EDNY); Zachary Carter (EDNY); Stephen Robinson (CONN); Paul Fishman (NJ); Barry Grissom (KS); Kenneth Polite (EDLA); and Timothy Purdon (ND). The panel also included former Assistant Attorney General Lanny Breuer and former NIJ Director Jeremy Travis. The panel assisted with crafting a report entitled Federal Prosecutions for the 21st Century, unveiled by Attorney General Holder in a September Brennan Center conference.

walter_holton

The attached editorial, Changing the Priorities of a ‘Prison-Happy Country’ was authored by NAFUSA member Walter C. Holton, Jr., shown left, in conjunction with the Brennan Center’s efforts, and published in The Crime Report on November 11, 2014.

 

Martoche Named to Roswell Park Cancer Institute Board

Martoche, Hon, Salvatore-1Noted Buffalo jurist and NAFUSA member Hon. Salvatore R. Martoche has joined the Roswell Park Cancer Institute (RPCI) Board of Directors. A longtime New York State Supreme Court justice, the Buffalo native was appointed to a three-year term on the board by Sen. Dean Skelos, Co-Majority Leader of the New York State Senate.

Judge Martoche retired from New York State Supreme Court last year after 13 years, nine of them on the court’s Appellate Division. He is currently senior counsel and leader of the Alternative Dispute Resolution Practice Group at Hodgson Russ LLP.

“I have known Judge Martoche for many years. His hard work and dedication has made our community a better place, and I know he will bring that same passion and commitment to the Board of Directors of Roswell Park Cancer Institute,” said State Sen. Patrick Gallivan.

“As a longtime public servant, Judge Martoche has been a devoted leader in the community. His commitment and dedication will further the mission of Roswell Park Cancer Institute as a member of its Board of Directors,” said State Sen. Michael H. Ranzenhofer.

Judge Martoche spent several years in public service, much of it at the federal level. Over the years, he served as a U.S. Attorney for the Western District of New York and as one of the six commissioners of the New York State Commission of Investigation, a statewide panel that investigated allegations of organized crime and public corruption. From 1988-1990, he oversaw U.S. Treasury Department law-enforcement efforts as an assistant secretary. He also served as an assistant secretary of the U.S. Labor Department under President Reagan. During this period of federal service, Judge Martoche played a key role in addressing the savings and loan scandals of the 1980s as acting director of the Office of Thrift Supervision. He is also credited with spurring several significant reforms within the Federal Witness Protection Program.

Earlier in his career, Judge Martoche, a graduate of Canisius College and the University of North Dakota School of Law, served as a Buffalo public defender. He also spent more than 20 years in private law practice.

Judge Martoche has received numerous awards, including the Ellis Island Medal of Honor; the Alexander Hamilton Award, the highest distinction given by the Secretary of the Treasury; the Buffalo News’ Outstanding Citizens of the Year distinction; and Canisius College’s LaSalle Medal and Distinguished Alumni Award.

The mission of Roswell Park Cancer Institute (RPCI) is to understand, prevent and cure cancer. Founded in 1898, RPCI is one of the first cancer centers in the country to be named a National Cancer Institute-designated comprehensive cancer center and remains the only facility with this designation in Upstate New York. The Institute is a member of the prestigious National Comprehensive Cancer Network, an alliance of the nation’s leading cancer centers; maintains affiliate sites; and is a partner in national and international collaborative programs.