John Horn Joins King & Spalding

John Horn

King & Spalding recently announced that former NAFUSA member John Horn (ND Georgia 2015-2017) has joined as a partner in the firm’s Atlanta office where he began his legal career. Horn is the sixth former federal prosecutor to join the firm’s Special Matters team, which is part of the Government Matters practice group, in the past year. He also becomes the fifth former U.S. Attorney currently practicing at King & Spalding, joining NAFUSA board member John Richter and NAFUSA members Sally Yates, Paul B. Murphy, and Zach Fardon.

“John is a superb lawyer and leader who is naturally collaborative,” said Wick Sollers, who heads the firm’s Government Matters practice group. “John’s prosecutorial experience and understanding of the process will provide our clients invaluable insights when enforcement agencies come calling.”

Horn first joined the U.S. Attorney’s Office in 2002 from King & Spalding’s Atlanta office, where he had been a member of the Special Matters practice. Horn began as a line Assistant U.S. Attorney and rapidly moved up the ranks, becoming the Deputy Chief of the Narcotics & Organized Crime Drug Enforcement Task Force, Chief of the Appellate Division, and then the First Assistant U.S. Attorney under then-U.S. Attorney Sally Yates. After Yates was confirmed to serve as the Deputy Attorney General, Horn led the office for three years as U.S. Attorney. 

“King & Spalding’s Government Matters practice is replete with accomplished senior members of enforcement agencies from not just DOJ, but the SEC, FDA, and numerous other offices, which provides a natural platform for me to support clients in need of this expertise,” said Horn. “Also, King & Spalding has emerged as a national leader in data privacy and cybersecurity matters, which allows me to combine a leading government investigations practice with a cutting-edge cyber incident response and counseling practice.  I’m thrilled and honored to be rejoining the firm.” 

Horn received his undergraduate degree from the College of William & Mary and his J.D. from the University of Virginia School of Law. After law school, he served two years as a judicial law clerk for the Honorable Harold L. Murphy in the U.S. District Court for the Northern District of Georgia, and one year as a judicial law clerk for the Honorable Stanley F. Birch, Jr. in the 11th U.S. Circuit Court of Appeals.

As U.S. Attorney, Horn chaired the Attorney General Advisory Committee’s Working Group on Elder Justice, and also served on the AGAC’s committees on financial fraud, cybercrime, violent crime and drug enforcement. Horn created the Northern District of Georgia’s first Cybercrime Unit, which prosecuted leading international cases involving sophisticated hackers of financial institutions, the creators of preeminent malware/botnot programs, and state actors conducting corporate espionage. Horn also created the district’s first Civil Rights Enforcement Unit and spearheaded the country’s largest implementation of the innovative Drug Market Intervention model to dismantle a 30-year heroin and crack marketplace operating in Atlanta’s historic English Avenue community. Through his extensive experience in long-term wiretap investigations, Horn served on DOJ’s national Title III/electronic evidence working group and lectured at training events regarding the collection and use at trial of electronic evidence.  

He was the lead prosecutor in the takedown of a significant component of Mexico’s Beltran-Leyva cartel, including kingpin Edgar Valdez-Villarreal, aka “La Barbie.” He also served as a member of the prosecution team in the case of Centennial Olympic Park bomber Eric Rudolph.

King & Spalding’s Special Matters practice is comprised of over 100 lawyers in 14 offices throughout the world, and is dedicated to representing clients in government investigations, white collar criminal defense and related civil fraud litigation, making it one of the largest and most respected such practices in the world. The team has been nationally acclaimed as White Collar Practice Group of the Year in 2017 by Law360, among other recognitions. The team has handled investigations before more than 70 of the 93 U.S. Attorneys’ Offices in the United States and every litigating division of the Justice Department. It also has appeared before the Securities and Exchange Commission and all 12 of its Regional Offices, and handled multinational investigations involving approximately 80 countries.  

 

Margaret Currin: Founding Member of Diligence, LLC

Margaret Currin

Diligence, LLC announces that lifetime NAFUSA member and former NAFUSA President Margaret Person Currin has become a founding member of its team.  

Diligence, LLC (www.DiligenceDone.net) is a national independent investigatory company specifically dedicated to assist public and private organizations in crisis to meet their obligations to their many constituents through transparent, thorough, timely, and professionally-conducted fact-finding investigations and reviews to restore public confidence in their operations in a prompt and discrete manner.   

Margaret served as United States Attorney for the Eastern District of North Carolina from 1988-1993.  Since that time, she has been active in her service to NAFUSA including having served several terms on its Board of Directors and all offices in the leadership chain, culminating with President in 2003-2004.

For 31 years, she was a legal educator and law school administrator at Campbell University School of Law.  Over the years, in addition to her teaching responsibilities, she served as Assistant Dean for External Relations; Associate Dean for Academic, Student, and Administrative Affairs; and founding Director of Campbell’s nationally-recognized Externship Program.  

Margaret has been a member of the North Carolina Rules Review Commission since 2011 and has served as chairman and first vice-chairman.  The Rules Review Commission is the executive agency created by the General Assembly that is charged with reviewing and approving rules adopted by state agencies. She serves on the North Carolina Bar Association’s BarCARES Board of Directors and on several North Carolina Bar Association councils. She was elected to the Wake County Bar Association/Tenth Judicial District Board of Directors in 2015.  Further, she has served on and chaired the Wake County Board of Elections, and served on the Help America Vote Act (HAVA) Committee with the North Carolina State Board of Elections. She also gained significant experience as a Senatorial legislative director and counsel on Capitol Hill. 

In recognition of her exemplary service to the State of North Carolina and her community, in 2015 Margaret was awarded the Order of the Long Leaf Pine, the most prestigious award conferred by the Governor of North Carolina. 

Margaret graduated with honors from Campbell University School of Law where she was a member of the Law Review Editorial Board.  She also engaged in graduate legal studies at the Georgetown University Law Center, Washington, D.C.  She received her undergraduate education at Meredith College, Raleigh, North Carolina.

Johnny Sutton To Conduct Internal Review at the University of Texas

Johnny Sutton

The University of Texas has retained NAFUSA member Johnny Sutton (WD Texas 2001 to 2009) to investigate “administrative and management issues” related to an alleged fraud and “provide recommendations for enhancement of systems, processes, and best practices, and corrective actions.”

According to The Texas Tribune,

Sutton’s hiring comes almost three weeks after Jason Shoumaker, a former director at the university’s law school, was arrested on six charges of tampering with government records — his university time sheets. But sources close to the matter say Shoumaker is at the center of an ongoing probe that could involve millions of dollars of questionable expenses.

“Sutton and his firm have the experience and skills in employee and management investigation to help identify systems and processes that need to be addressed,” said Gary Susswein, a university spokesperson, in a statement. “This review is vital to our effort to be good stewards of public dollars and improve internal controls.”

Sutton frequently prosecuted drug- and immigration-related cases while the U.S. attorney for Texas’ Western District, a more than 90,000 square mile swath with more than 650 miles of U.S.-Mexico border. He also oversaw the corruption case that brought down former Texas Attorney General Dan Morales, who pleaded guilty to mail and tax fraud in 2003.

Sutton’s work will take him back to the campus where he earned bachelor’s and law degrees — not to mention a starring role as a left fielder on the university’s baseball team during the 1983 College World Series, which UT-Austin won. His teammates there included future major leaguers Roger Clemens and Calvin Schiraldi.

Sutton is tasked with conducting a review of the internal processes that let the alleged fraud of Shoumaker, the former UT employee, go unchecked for at least a year. An affidavit filed in a Travis County court earlier this month alleges Shoumaker was clocking in for work at the law school while he was in fact on jaunts in Cozumel, the U.S. Virgin Islands and other tourist destinations where he had no work duties.

Sutton heads up the Austin office of the Ashcroft Law Firm.

FINRA Dispute Resolution Seeks Arbitrators

The Financial Industry Regulatory Authority’s Office of Dispute Resolution (FINRA) is seeking to expand the depth and diversity of its arbitrator roster and are currently looking for arbitrators to serve. Their goal is to diversify the roster of arbitrators who resolve securities disputes at FINRA. FINRA believes that NAFUSA members would make excellent arbitrators.

Nicole Haynes, Associate Director, Recruitment and Training writes:

Serving as a FINRA arbitrator is a great way for your members to give back to their communities, by lending their professional knowledge and experience to the arbitration process. Industry knowledge is NOT required, and there is absolutely no cost associated with applying. Applying, training and being on the roster are all free and we cover travel costs to and from arbitrations. Other benefits include free CLE for training and honoraria ($600 per day) when attending a hearing.

 

To apply to become a FINRA arbitrator, candidates must complete the online application at http://www.finra.org/arbitration-and-mediation/apply-now. Interested candidates may email us at Arbrecruitment@finra.org if they have any questions or to request additional information.

Lee Bentley Joins Bradley

Lee Bentley

Lee Bentley recently joined the law firm of Bradley Arant Boult & Cummings, LLP (“Bradley”), as a partner in the firm’s Tampa, Florida office.  Lee will be working with NAFUSA’s current membership chair and past president, Jack Selden, in Bradley’s Government Enforcement and Investigations practice group.

Lee served as the United States Attorney for the Middle District of Florida for approximately four years.  His service as Interim, and then Acting, United States Attorney began in June 2013.  Subsequently, in June 2014, he was nominated for the position by President Obama, upon the recommendation of both Florida’s Democratic and Republican Senator.  Lee’s nomination was confirmed by a unanimous United States Senate on December 16, 2014.  He resigned as United States Attorney on March 10, 2017.

As United States Attorney, Lee oversaw approximately 125 attorneys, with offices in Tampa, Orlando, Jacksonville, Ft. Myers, and Ocala.  The Middle District of Florida is the second-most populous judicial district in the country, and covers 35 of Florida’s 67 counties.

Throughout Lee’s tenure, the Middle District of Florida consistently ranked in the top three in the nation in the number of criminal trials.  Among other things, Lee oversaw the successful prosecution of a publicly-traded Fortune 500 managed care company and five of its top executives for their role in reporting inflated expenditures in order to increase Medicaid reimbursements.  Moreover, Lee supervised the successful investigation and indictment of a sitting Congresswoman, as well as the investigation immediately following the mass shooting at the Pulse nightclub in Orlando.

One of Lee’s priorities as United States Attorney was to increase recoveries under the False Claims Act.  The Middle District of Florida often led the nation in the number of qui tam or whistleblower lawsuits filed, and during the last fiscal year of Lee’s tenure, the office collected over $800 million in False Claims Act settlements.  Among other things, the office reached what was then the largest settlement ever under the federal Stark Law and also reached a $350 million settlement with a durable medical equipment company.

Prior to becoming United States Attorney, Lee served as an Assistant United States Attorney in the Middle District of Florida for approximately 13 years, which included stints as both the Criminal Chief and the First Assistant United States Attorney.  As an Assistant United States Attorney, Lee tried approximately 40 federal criminal trials to verdict.

Lee also previously served as an Attorney-Advisor in the Department’s Office of Legal Counsel and as a Special Assistant United States Attorney in the Southern District of Florida (Miami).

In addition to federal service, Lee was a partner at the law firm of Hogan & Hartson (now Hogan Lovells), where he practiced in the firm’s Washington, DC office for over 10 years.  At that firm, Lee secured a summary judgment in a major contractual dispute with potential exposure to the client of over $250 million.  He also successful tried several civil cases, including a patent infringement case in which he secured a judgment of approximately $20 million.

Lee was a judicial clerk for Justice Lewis F. Powell, Jr., at the United States Supreme Court, and for Judge Clement F. Haynsworth, Jr., on the United States Court of Appeals for the Fourth Circuit.  Prior to that, Lee graduated from the University of Virginia School of Law, where he was a notes editor on the Law review and Order of the Coif.  

At Bradley, Lee will be focused primarily on white collar criminal defense, the defense of False Claims Act cases, and internal investigations.  

Zachary Terwilliger Named Interim U.S. Attorney in ED VA

Zachary Terwilliger

The Washington Post reported on May 24, 2018, that Attorney General Jeff Sessions has named Zachary Terwilliger — a career federal prosecutor who most recently worked as chief of staff to Deputy Attorney General Rod J. Rosenstein — to serve as the interim U.S. attorney in the Eastern District of Virginia.

According to The Post:

The move will put Terwilliger, 37, at the center of some of the Justice Department’s most high-profile cases, including the investigation of the WikiLeaks organization and its founder, Julian Assange, and the discussions of what to do with the two British members of an Islamic State cell believed to be responsible for the brutal murders of Western hostages.

Paul Manafort, former campaign chairman for President Trump, is also scheduled to go on trial in the Eastern District this summer, and while that case is being led by special counsel Robert S. Mueller III, a prosecutor from the U.S. attorney’s office has been assigned to the team.

The appointment will allow Terwilliger to run the office without Senate confirmation on an interim basis. He can serve in the post for 120 days, and after that would have to be appointed by the chief judge in the district.

“Zach Terwilliger has a strong record that any prosecutor would be proud of,” Sessions said. “He rose through the ranks in the Eastern District of Virginia, from summer intern to Assistant United States Attorney who made a name for himself successfully prosecuting MS-13 members, Bloods members and firearm offenders, and putting them behind bars. He has excelled both in the courtroom and now in some of the highest leadership roles at the Department of Justice. I am confident that he will continue to serve with distinction in this important new role.”

The U.S. attorney’s office in the Eastern District of Virginia — which has more than 120 prosecutors and lawyers working in Alexandria, Richmond, Norfolk and Newport News — is a familiar place to Terwilliger. He began his career as an assistant U.S. attorney there in 2008, and spent much of the next 10 years prosecuting fraud, violent crime and human trafficking cases. He served as counselor to a previous U.S. attorney, Neil MacBride.

NAFUSA member MacBride told the Post: “Zach is a prosecutor’s prosecutor and will have immediate credibility with his colleagues, the bench, the defense bar and his local law enforcement partners. He’s principled, smart, fair and even tempered. Having spent the last year on some of the toughest issues facing DOJ, he’s got the independence and experience to lead this critical office at a critical time.”

Zachary Terwilliger is the son of NAFUSA member, George J. Terwilliger III, former deputy attorney general and U.S. Attorney (Vermont 1986-1991).

 

John Wood Named Top Lawyer at US Chamber of Commerce

John Wood, CLO and GC of the U.S. Chamber of Commerce.

The U.S. Chamber of Commerce announced on May 10, 2018, that NAFUSA life member John Wood has been named its chief legal officer and general counsel, beginning June 4.

Wood served as the United States Attorney for the Western District of Missouri (2007-2009). He also served as a counselor to the U.S. Attorney General and as a deputy associate attorney general at Main Justice. Wood has also served as the chief of staff for the U.S. Department of Homeland Security and as a deputy general counsel in the White House Office of Management and Budget under President George W. Bush. Wood clerked for former Fourth Circuit Judge J. Michael Luttig and for Justice Clarence Thomas on the U.S. Supreme Court.He also served as an aide to U.S. Senator John C. Danforth. He has been a partner at the Washington office of Hughes Hubbard the past nine years.

Wood graduated magna cum laude from Harvard Law School in 1996, and was the articles chair of the Harvard Law Review. John is married to Julie Myers Wood, the C.E.O. of NAFUSA sponsor Guidepost Solutions.

Sally Yates Rejoins King & Spalding

On May 8, 2018, NAFUSA sponsor King & Spalding announced that former Acting Attorney General and Deputy Attorney General Sally Yates has returned to the firm as a partner on the Special Matters & Government Investigations team. Her global practice will be based primarily in Washington, DC and Atlanta. Yates joined NAFUSA in 2017.

Yates, a 27-year veteran of the Department of Justice, rose through the ranks of Assistant United States Attorneys to become U.S. Attorney in Atlanta, Deputy Attorney General, and Acting Attorney General. As Deputy AG from January 2015 through 2017, she served as the second-highest ranking official in the department and was responsible for managing the day-to-day operations of DOJ and its 113,000 employees. She oversaw all prosecutorial, litigation and national security components as well as all U.S. Attorneys’ offices and DOJ law enforcement agencies, including the FBI, DEA, ATF, U.S. Marshals Service and the Bureau of Prisons. She is currently a Distinguished Lecturer at Georgetown University Law Center focused on public policy.

“Sally Yates is a lawyer’s lawyer,” said Robert D. Hays, Jr. chairman of King & Spalding. “Her return continues a longstanding K&S tradition of launching young lawyers into public service and welcoming them back into private practice. Adding Sally is a remarkable development for our firm and our clients.”

While Deputy Attorney General, Yates was responsible for overseeing the Department’s most significant matters and for crafting and implementing initiatives focused on many of DOJ’s strategic priorities, including corporate fraud, cybercrime, gang violence, civil rights and financial crime. Additionally, she led DOJ’s criminal justice reform initiatives during her tenure and implemented substantial prison reform measures.

Prior to assuming her duties as Deputy Attorney General, Yates served for five years as the first female U.S. Attorney for the Northern District of Georgia. She immediately became a leader in the Department, serving as the vice chair of the Attorney General’s Advisory Committee. An accomplished trial lawyer, she prosecuted a wide variety of complex cases, specializing in white collar matters. She tried numerous high-profile public corruption cases, including one against the former mayor of Atlanta, and was lead prosecutor in the case against Olympic bomber Eric Rudolph.

Yates said, “I’m excited to get back to practicing law with the firm where I started my career. Not only was K&S my first legal home, it has an unparalleled tradition of legal excellence, uncompromising ethics, and commitment to civic engagement and public service. I’m looking forward to building upon the firm’s independent investigations practice for public and private organizations and boards, and helping organizational leadership navigate complex and sensitive challenges. And I’m excited to be practicing with such an exceptional group of lawyers and staff who truly work as a team to do the very best legal work.”

Before entering government service, Yates worked as a King & Spalding civil litigation associate from 1986 to 1989. She earned her BA from the University of Georgia and her JD, magna cum laude, from the University of Georgia School of Law.

Yates joins NAFUSA board member John Richter at K&S and is the sixth former federal prosecutor to join firm’s Special Matters & Government Investigations team in the past year.

About King & Spalding
Celebrating more than 130 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 1,000 lawyers in 20 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality, and dedication to understanding the business and culture of its clients. More information is available at www.kslaw.com.

Bill Mulligan Dies, 81- NAFUSA’s First President

William J. “Bill” Mulligan, one of the co-founders of NAFUSA, and its first president (1980-81), died on May 1, 2018. Bill graduated from Marquette Law School (60′). He was an Assistant United States Attorney, 1960-1965; United States Attorney for the Eastern District of Wisconsin, 1974-1978; Assistant Professor, Trial Practice and Civil Procedure, Marquette Law School, 1978-1980; State Bar of Wisconsin, Chairman of Board of Governors, 1983-1984

In 2014 Bill received the Lifetime Achievement Award from Marquette Law School. He was a shareholder at Davis & Kuelthau, where he was a litigation attorney, and co-chair of the Environmental Team (Of Counsel). Bill’s additional work in the legal community included: Eastern District of Wisconsin Bar Association, Co-Founder and President, 2003-2004; Wisconsin Lawyers Mutual Insurance Company, Chairman of the Board, 1988-2014; Treasurer, 1986-1988, Member of Board of Directors, 1985-Present.

He is survived by his children Kathleen (Brent Kidwell) Mulligan, Thomas (Cassandra Schug) Mulligan, Sara (Craig) Mauermann and Margaret Mulligan, and nine grandchildren.

As is our custom, at the request of NAFUSA an American flag was flown over Main Justice, placed in a commemorative box and presented to his family as a token of the regard with which Bill was held by his colleagues. Bill was honored at a ceremony at the Federal Courthouse in Milwaukee on May 18, 2018. Retired federal judge (and former AUSA) Charles N. Clevert delivered remarks and presented to Bill’s family with the United States flag that had flown over Main Justice in Bill’s honor at the request of NAFUSA.  Judge Clevert noted that Bill served wilth great distinction as United States Attorney and was known as a man of great integrity and commitment to the legal community in Wisconsin, both in his government work and private practice.  In moving remarks, Judge Clevert choked up when he noted that Bill forever changed Clevert’s life when Bill hired Clevert as the first African-American AUSA in Wisconsin history, putting Clevert on a path that led to him becoming Wisconsin’s first African American federal judge. It is a testament to Bill that he never sought personal recognition for his work in advancing and mentoring many young lawyers in Milwaukee’s legal community.

The presentation was attended by members of Bill’s family, current and former members of the Milwaukee U.S. Attorney’s Office, including current U.S. Attorney Matthew D. Krueger, and other lawyers in the community. NAFUSA was represented by life member Steve Biskupic (ED Wisconsin 2002-2009). In the photograph below, Judge Clevert (left) presents the flag to two of Bill’s daughters, Sara Mauermann (center) and Margaret Mulligan (right). Bill will be greatly missed by the legal community if Milwaukee.