Category Archives: Obituaries

Passing of Former U.S. Attorney Andrew Maloney

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Andrew J. Maloney, former U.S. Attorney for the Eastern District of New York, and
former NAFUSA member, passed away on August 15, 2022, at the age of 90. He served as the U.S. Attorney in Brooklyn from 1986 to 1992, where he successfully tried the case that sent Mafia boss John Gotti to prison for murder and racketeering. He personally delivered the prosecution’s opening statement and one of its summations. During his tenure, the office obtained convictions against powerful New York politicians, including Mel Miller, and reputed bosses of the Lucchese and Bonanno crime families. Former U.S. Attorney for the Southern District of New York and NAFUSA member, Mary Jo White, worked as his deputy prior to becoming U.S. Attorney in Manhattan. She praised her former boss for understanding “the impact of the power that prosecutors wield and how really important it is to keep your humility and your moral compass about that.”

Mr. Maloney graduated from the United States Military Academy at West Point in 1954
and later served with the Army Rangers. After leaving the military he attended Fordham
University Law School at night and, after graduating in 1961, served as an Assistant United States Attorney in the Southern District of New York for over a decade. He was appointed by President Ronald Reagan as United States Attorney for the Eastern District of New York in 1986.

Current EDNY U.S. Attorney Breon Peace gave a statement mourning the passing of Mr. Maloney, describing him as having a “…passion for doing justice, a toughness honed as a boxer at West Point and Army Ranger, and supreme confidence in his prosecutors that resulted in amazing work during his tenure.”

A mass for Mr. Mahoney was held on August 22, 2022, honoring his life and his service
which was attended by many former U.S. Attorneys and federal prosecutors, including his son, Andrew. As is NAFUSA custom, a flag was flown over the Department of Justice in Mr. Mahoney’s honor and will be presented to his family.

Judge Gustave Diamond Dies at 93

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Gustave Diamond, 93, former United States District Judge for the Western District of Pennsylvania and who served as the United States Attorney for the District (1963-1969) passed away at his home in McMurray, Pennsylvania on Saturday, October 30, 2021.

Judge Diamond attended Duke University on a football scholarship. He left Duke in 1946 to join the United States Navy, serving until 1948. Upon discharge from military service, he returned to Duke to finish his education under the GI Bill, graduated in 1951, and then worked at J&L Steel for one year before beginning night classes at Duquesne University School of Law.

After graduating from Duquesne in 1956, Judge Diamond served as a law clerk to federal Judge Rabe F. Marsh until 1961. Following his clerkship, he joined the United States Attorney’s Office in the Western District of Pennsylvania as an Assistant United States Attorney and then First Assistant. He was appointed the United States Attorney for this District in February 1963, serving for a time under U.S. Attorney General Robert F. Kennedy, and he remained in that office until June 1969. He subsequently was in private practice in Pittsburgh and Washington County until 1978.

President Jimmy Carter appointed Diamond to the United States District Court for the Western District of Pennsylvania in 1978, and he later served as Chief Judge of the Court for two years. One of the most highly publicized cases he presided over was United States v. Curtis Strong, tried in 1985, which involved the sale of cocaine to well-known Major League Baseball players, who had been granted immunity from prosecution in exchange for their testimony. The case attracted national interest, and the courtroom was filled to capacity for every court session, with half reserved for members of news media from around the country who covered the proceedings. Judge Diamond assumed Senior Judge status in 1994, and he maintained a full criminal case docket until his retirement on January 24, 2017.

During his 39 years on the bench, Judge Diamond was especially proud to have chaired the U.S. Judicial Conference Committee on Defender Services for five years. He also was extremely honored to have received the Century Club award as one of Duquesne University’s 100 outstanding graduates of its first century, the prestigious Solon Award of the American Hellenic Educational Progressive Association in 1993, the Ellis Island Medal of Honor in 1998, and the Robert E. Dauer Award for Judicial Excellence given by Amen Corner in 2012.

Judge Diamond relished his time serving as a federal district judge and often commented that there was never a day that he was not happy to go to work. He made an indelible mark on the legal community in Western Pennsylvania and beyond, inspiring all who were fortunate enough to have worked with him as a colleague, served as one of his law clerks, tried cases before him, interacted with him in the courthouse, or knew him as a friend.

Judge Diamond is survived by his beloved wife of 48 years, Emma Scarton Yoney Diamond; daughter, Margaret Ann Diamond; grandson Elias Gustave Diamond; and brothers Nicholas Diamond and Stanley Diamond.

Funeral service will be held at Holy Cross Greek Orthodox Church, 123 Gilkeson Road, Pittsburgh, Pennsylvania on Wednesday, November 3, 2021, 10-11AM. As is our custom, NAFUSA will request that an American flag be flown over Main Justice in Judge Diamond’s honor. It will be presented to his family as a token of the esteem with which he was held by his colleagues.

Judge Diamond is shown below with Attorney General Holder and NAFUSA member David Hickton (WD PA 2010-2016) who clerked for Judge Diamond (1981-1983)

J. Don Foster Dies at 76

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Long time NAFUSA member and former member of the board of directors, John Donaldson Foster (“”Don””), age 76, died peacefully on October 23rd in Mobile, Alabama after battling a long illness.  He is survived by his wife, Kathy Quina Foster of Mobile, AL, his sister, Dr. Patricia Ann Foster (David) of Iowa City, IA; his children, Dr. Meredith Foster Herlong (Warren) of Fairhope, AL and John Harlan Foster (Marti) of Point Clear, AL; his step children Marion Albert Quina, III (Margie) of Nashville, TN and Elliott Richardson Quina (Kellie), of Mobile, AL; six grandchildren, Foster Horton, Emory Horton, Pierce Horton, Johnny Foster, Marykate Foster, and Harrison Foster; and four step grandchildren, Lauren Quina, Byers Quina, Elliott Quina, and Sage Quina.

Don was born in Mobile, Alabama. He moved to Foley, Alabama as a child and later attended Foley High School where he excelled in several sports, including football and baseball. During his career as a running back on the football team, Don and teammate Kenny Stabler led the Foley Lions to multiple state championships during an unrivaled era of football dominance for the school. Don still holds the career touchdown record to this day. Upon graduation from Foley High School in 1963 as an All-American High School Athlete, he attended Georgia Tech on a football scholarship, where he was coached by the legendary Bobby Dodd. After graduating with a BS from Georgia Tech in 1967, he then attended the University of Alabama law school and received his law degree in 1971. He also served in the U.S. Army Reserves from 1971-1975 where he achieved the rank of Captain.

Don was admitted to the Alabama Bar Association in 1971 and embarked upon what was to become a prolific legal career. He began work with the Mobile firm Gallalee, Denniston & Edington, where he practiced for several years before forming his own law firm in Baldwin County. Over the course of his long career, Don practiced in a variety of legal areas and was highly regarded by his peers for both his skills in the courtroom and his integrity in all areas of life. During his career, he practiced in many jurisdictions, was elected as Bar Commissioner by the Alabama State Bar, was appointed to the Alabama Judicial Inquiry Commission, and in January 1995 was appointed by President Bill Clinton to serve as the United States Attorney for the Southern District of Alabama. After his tenure as U.S. Attorney, he returned to private practice as co-founder of the firm Jackson & Foster, LLC, where he practiced until his retirement a few years ago.

A beloved husband, father and grandfather, Don was devoted to family, the practice of law, the University of Alabama, and many other civic causes where he left his mark as part of the fabric of his community. Don was known for his big smile, quick wit, and keen intellect. He will be deeply missed.

In lieu of flowers the family requests donations be sent to the Parkinson’s Foundation or a charity of choice.

A celebration of life will be held at Christ United Methodist Church (6101 Grelot Road in Mobile) on Wednesday, October 27 at 1:00pm followed by a reception for friends and family members at the Country Club of Mobile.

As is our custom, at NAFUSA’s request an American flag was flown over Main Justice today in Don’s honor. It will be presented to his family as a token of the esteem with which he was held by his colleagues.

Flag flown over Main Justice on October 26 in honor of J. Don Foster

Leon Kellner Dies at 75

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Former United States Attorney Leon Kellner (SD Florida 1985-1988) died at his home in Coral Gables on Tuesday, October 5, 2021, after battling pancreatic cancer. He was raised by Jewish parents who escaped Nazi Germany and settled in New York City.  He practiced law at Anderson Russell Kill & Olick. Kellner was an experienced trial attorney in New York when his former Harvard Law School roommate, then U.S Attorney Stanley Marcus recruited him to come to Miami and join his staff.

The Miami Herald reported that Kellner was a highly sought after litigator in New York, which is why Marcus recruited him. Kellner served as the chief of the civil division, then as executive assistant and first assistant before becoming the United States Attorney in 1985.  His office successfully indicted former Panamanian dictator Manuel Noriega, who served 17 years in federal prison. Other highlights of time as U.S Attorney included successful prosecution of the Medellin Cartel and members of the “Miami River Cops.”

“He was a first-rate U.S. Attorney,” Marcus told the Herald. Marcus went on to serve as a federal district court judge, and on the 11th Circuit Court of Appeals, where he remains today.

Kellner is survived by his wife, Ellen, two daughters and four grandchildren. As is our custom, NAFUSA will arrange for an American flag to be flown over Main Justice in Leon’s honor and presented to his family as a token of the esteem with which he was held by his colleagues.

 

Thomas Sullivan, 91, Dies

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Thomas Sullivan, who served as the United States Attorney for the Northern District of Illinois, 1977-1981, died on May 18 at his home in Wilmette, Illinois. He was 91. He was succeeded in office by NAFUSA member Dan Webb (1981-1985) and then by NAFUSA member Anton “Tony” Valukas (1985-1989).

Tom was best known for initiating “Operation Greylord” to root out bribery and case-fixing in the Cook County Circuit Court system. A total of 92 officials were indicted, including 17 judges, 48 lawyers and 10 deputy sheriffs. Outside of his time in public service, Tom spent most of his career at Jenner & Block along with Tony Valukas. He helped build the firm’s pro bono practice, including being part of an effort to end the death penalty in Illinois and working to free detainees from Guantanamo Bay.

He is survived by his wife, Anne Landau, and his daughters, Maggie Sullivan Cescolini and Liza Sullivan; a son, Tim; a step-daughter, Mimi Landau; and six grandchildren. Tom earned his law degree at Loyola University Chicago School of Law.

As is our custom, at NAFUSA’s request an American flag was flown in Tom’s honor over Main Justice and presented to his family as a token of the esteem with which he was held by his colleagues.

 

Tom Delahanty, 75, Dies

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Tom Delahanty

NAFUSA member Thomas E. Delahanty II, a legal titan in Maine whose career as a prosecutor and judge spanned more than four decades, died Monday after battling pancreatic cancer. He was 75.

As reported by The Portland Press Herald:

Delahanty, a prominent member of a well-known Maine legal family, served as the U.S. attorney for the District of Maine from 2010 to 2017. A lifelong Democrat, he was appointed by President Barack Obama. It was Delahanty’s second stint. He also had been appointed to the post 30 years earlier by President Jimmy Carter.

 

Gov. Janet Mills mourned Delahanty’s passing and cited his work on behalf of Mainers to stem the opioid epidemic.

 

“I respected and admired his intellect, his judgment, and his commitment to protecting and delivering justice under the law for the people of Maine,” Mills said in a statement. “I will miss him but know that Maine is better off as a result of his service. My thoughts and deepest sympathies go out to his wife, Ruth, and his two sons.”

 

Delahanty grew up in Lewiston, earned his undergraduate degree in Vermont and earned his law degree at the University of Maine School of Law in 1970. Following a short stint as a defense attorney, he was elected district attorney in 1974 for the newly created Prosecutorial District Three, covering Androscoggin, Oxford and Franklin counties.

 

His first stint as U.S. attorney for the District of Maine was between 1980 and 1981, when Carter appointed Delahanty to replace George Mitchell, whom Carter had appointed to the federal bench.

 

When Carter lost re-election to Ronald Reagan, Delahanty resigned and returned briefly to defense work for two years until 1983, when he was appointed a justice of the Maine Superior Court, where he served, including as chief justice from 1990 to 1995, until Obama named him U.S. attorney for the District of Maine in 2010.

 

“Tom Delahanty was a giant in the Maine legal community,” Donald E. Clark, the acting U.S. attorney for the District of Maine, said in a statement Wednesday. “In addition to his professional accomplishments, he was also an honorable, just man and a devoted husband, father and grandfather. We at the U.S. Attorney’s Office mourn his passing and send our condolences to his family.”

As is our custom, NAFUSA will arrange for an American flag to be flown over the United States Department of Justice and presented to Tom’s family as a token of the regard with which he was held by his colleagues.

 

Warner Hodges, 99, Dies

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Warner Hodges, prominent Memphis attorney, died April 10, 2021, at his home in Germantown, Tennessee at the age of 99. He grew up in Memphis, graduating from Southwestern (now Rhodes College) with a major in Chemistry. While at Southwestern, he was President of the Pi Kappa Alpha fraternity.

In 1943, he enlisted in the United States Army and, because of his degree in Chemistry, was sent to the highly secret Army facility at Los Alamos, New Mexico, to work on the Manhattan Project in the development of the Atomic Bomb. For his essential work in contributing to the successful conclusion of World War II, he was awarded a Certificate of Merit from the then U.S. Secretary of War, Henry Stinson.

After the war, he attended Vanderbilt University School of Law on the GI bill, graduating in 1949. After a few years in private practice, he was appointed as an assistant U.S. Attorney for the Western District of Tennessee, and was later appointed as the U.S. District Attorney by President Eisenhower, where he served with distinction, prosecuting crime in Tennessee. His brilliance was exemplified in the courtroom, and in 1961, he left government service and returned to private practice where he utilized his criminal skills to become one of the foremost criminal defense attorneys in Memphis, earning acquittals for several prominent public officials.

He was married to the late Barbara Rees Hodges, and is survived by their three sons; namely, Rusty Hodges, Lincoln Hodges, and Geoffrey Hodges. Rusty and Lincoln followed him into the practice of law, as did Lincoln’s son, Rees Hodges. He is also survived by five grandchildren, and six great-grandchildren.

As is our custom, NAFUSA will arrange for an American flag to be one flown over the United States Department of Justice and presented to Warner’s family as a token of the regard with which he was held by his colleagues.

Jim Rolfe Dies, 80

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Former United States Attorney (ND Texas) James Allen Rolfe died on February 26, 2021, after a valiant twenty-year battle with melanoma cancer and lung cancer. Following three years of service in the United States Army, Jim attended and graduated from Austin College in 1965 where he was a member of the basketball team and president of his fraternity. Throughout his lifetime, Jim continued to be an avid supporter of the college and served as president of the Alumni Association and president of the A (Athletic) association. In 2000, Jim received the Distinguished Alumni Award from Austin College, and he was admitted into the A Association’s Hall of Fame in 2005. In February 2020, Austin College honored Jim by naming their new basketball court the “Jim Rolfe Court”.

Jim attended law school at the University of Texas at Austin and received his JD degree  in 1968. He was a member of the Dean’s Round Table at the University of Texas Law School, a member of the Dallas Bar Association, the Dallas County Criminal Bar Association, the State Bar of Texas, and he was admitted to practice before the United States Supreme Court. He served as an Assistant City Attorney for the city of Dallas, an Assistant District Attorney for Dallas County, and an Assistant United States Attorney for the Northern District of Texas. He rose in the United States Attorney’s office to the position of chief of the criminal division before leaving the office for private practice. In 1981, he was appointed United States Attorney for the Northern District by President Ronald Reagan.

He was a member of NAFUSA and has served on the board of directors. Jim was a 32nd degree Mason, a member of the Metropolitan Lodge of Dallas and the Hella Shrine of Dallas. In addition, he was an advocate for the Scottish Rite Hospital. Jim was a member of the National Football Association, and he served on the board of the Association’s Gridiron Club of Dallas and was an advisor to the board of directors of Matador Resources Company. He was a member of Park Cities Presbyterian Church and hosted a weekly Bible study in his home for sixteen years.

Jim was a devoted husband, father, and grandfather. He is survived by his wife, Susan Stowers Rolfe, his daughter Rebecca Rolfe Youngman and her husband Patrick, his son, James Gregory Rolfe and his wife Elizabeth, and by his granddaughters Isabella and Emilia Rolfe.

As is our custom, NAFUSA arranged for an American flag to be flown over the United States Department of Justice and it was presented to Jim’s wife Susan at the memorial service on March 10, as a token of the regard with which he was held by his colleagues. NAFUSA President Paul Coggins and Executive Director Emeritus Ron Woods are shown in the photo below presenting the flag to Susan. The photo to the right shows Jim’s flag being flown over Main Justice last week.

 

 

 

Dick Thornburgh Dies, 88

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Long time NAFUSA member Richard (Dick) Thornburgh passed away on Thursday morning, December 31, 2020. He was 88. President Ronald Reagan appointed Thornburgh to be the Attorney General of the United States in August 1988, and he was asked to stay on by President George H.W. Bush. He served as AG until 1991. Thornburgh also served as the United States Attorney for the Western District of Pennsylvania (1969-1975); Assistant Attorney General in charge of the Justice Department’s Criminal Division (1975-1977); Governor of Pennsylvania (1979-1987); and Under-Secretary on the United Nations (1992-1993)

Click here to view the news advisory from K&L Gates, where Dick began his private practice as an associate in 1959 and returned after his time in public service, until his retirement from the firm in early 2019. He is survived by his wife, Ginny, four sons, six grandchildren, and five great grandchildren. As is our custom, NAFUSA will request that an American flag be flown over Main Justice in Dick’s honor, and presented to his family as a token of the regard with which he was held by his colleagues.

One of NAFUSA’s founding members Victor Ortega writes:

Like everyone else I was saddened to learn of the passing of Dick Thornburgh.  As I explained at the San Francisco meeting, NAFUSA really had its origins in the first Attorney General’s Advisory Committee of United States Attorneys which was appointed by Attorney General Elliott Richardson.  Many of the founders of NAFUSA were members of that original Advisory Committee.  Dick Thornburgh was one of the original appointees to the Advisory Committee.  With his passing I believe there are only three of the original Advisory Committee members left, Ralph Guy, now a Senior Judge on the 6th Circuit, Bob Fiske and me. Ralph Guy was one of the founders of NAFUSA as well.  Dick Thornburgh was a contemporary, a friend and an outstanding public servant and we will miss him.

Another NAFUSA member, Chuck Rosenberg, shared this memory The first phone call.