The total attendance at last weeks annual conference at The Mayflower Hotel in Washington was 227, including 147 NAFUSA members. It was the largest attendance in NAFUSA’s 38 year history. President Bart Daniel and his wife, Cindy, along with the planning committee, are to be commended on their efforts in organizing what many considered the best conference ever.
NAFUSA President Hal Hardin and Immediate Past President Bart Daniel
On Friday evening, Bart passed the gavel to Hal Hardin, who was elected NAFUSA’s newest president. Hal announced the 2018 conference will be held in Nashville on October 24-26. The following were elected officers for 2017-2018: Terry Flynn, president elect; Paul Coggins, vice president; Karen Hewitt, secretary; Chuck Stevens, treasurer, and Bart Daniel, immediate past president.
The NAFUSA board serves three year terms, and Bart thanked the class of 2017, whose terms have ended: Zach Carter, Ken Wainstein, Chuck Stevens, Bob Miller and Neil MacBride. The following were elected as the class of 2020: Ann Tompkins, Donna Bucella, Ken Wainstein, Paul Charlton, and John Richter.
Cindy and Bart Daniel with their grandchildren on the Jones Day rooftop
The conference opened on Wednesday evening with a reception, sponsored by Ernst & Young, on the Jones Day rooftop, perhaps the finest venue in D.C., with its commanding view of the Capitol.
Bradford Award presentation to Evan Norris
CLE programs began on Thursday morning. Following a welcome from Jessie Liu, the US Attorney for the District of Columbia and the traditional introduction of sponsors and the roundhouse introduction of members, the Bradford Award was presented to Evan Norris. Jack Selden led an outstanding panel on the False Claims Act, with Michael Granston, Jack Boese, Bill Nettles and Carmen Ortiz. NAFUSA members were then bused to DOJ for private meetings with DAG Rod Rosenstein, Associate AG Rachel Brand and Deputy EOUSA Director Norman Wong. Class reunions were held on Thursday evening.
Ted Olson, Neal Katyal, Paul Clement, Adam Liptak
The Friday CLE program began with ethics presentation moderated by U.S. District Judge James Boasberg, and featuring the three DOJ “watchdogs” Michael Horowitz, Robin Ashton and Scott Schools. It was followed by an outstanding Supreme Court panel moderated by the Adam Liptak of the New York Times and featuring Ted Olson, Paul Clement and Neal Katyal. Liptak mentioned that he had served on many Supreme Court panels, but none with this firepower. The three advocates have together argued more than 180 cases before the court, and are scheduled to argue most of the important cases currently pending this term. The final panel of the morning was on the impact of social media, moderated by Jay Stephens, with Paula Hannaford-Agor, Judge Herbert Dixon, and Demian Ahn.
On Friday afternoon, all enjoyed a luncheon cruise of the Potomac River. The conference closed with a dinner on Friday night at The Mayflower, featuring keynote speaker DeMaurice Smith, Executive Director of the NFL Players’ Association.
Attorney General Jeff Sessions has appointed as his chief of staff NAFUSA member Matthew Whitaker, a former U.S. attorney for the Southern District of Iowa (Southern District of Iowa, 2004-2009) during the George W. Bush administion. Whitaker replaces Jody Hunt, who was nominated to become assistant attorney general in charge of the department’s Civil Division.
In 2014, Whitaker, a former college football player, ran for Senate in Iowa, losing in the Republican primary to now-Sen. Joni Ernst. Ernst issued a statement praising Whitaker’s appointment, saying he is a strong leader, a patriot, and a “tireless advocate for the rule of law and the enforcement of our nation’s laws.”
NAFUSA member Peter Vaira has asked that the following question be submitted to our members:
I am testifying before a special Grand Jury Task Force created by the Supreme Court of Pennsylvania to study changes to the state investigating grand jury, and would like to provide the following information. If your state has a grand jury, is there an official grand jury procedural manual, or some document that serves that purpose, and what government entity publishes it.
On October 6, 2017, Arent Fox LLP announced the expansion of its New York office with the addition of former United States Attorney for the Eastern District of New York (2015-2017) Robert L. Capers. Following a public service career that included prosecuting high-profile cases involving public corruption, racketeering, and international narcotics trafficking, Capers will co-lead Arent Fox’s Government Enforcement & White Collar practice. Capers is also one of NAFUSA’s newest members.
Capers served as a prosecutor for over two decades. He began his career in 1996 at the New York County District Attorney’s Office under the legendary Robert M. Morgenthau, one of NAFUSA’s longest standing members. In 2003, Capers joined the United States Attorney’s Office for the Eastern District of New York, where as a line and supervisory prosecutor he led a number of complex investigations and prosecutions involving a wide range of crimes, such as racketeering, international money laundering, and public corruption.
He also tried and second-chaired to verdict more than two dozen criminal trials, including serving as co-lead counsel on the jury trial and conviction of a then sitting New York State Assemblyman for engaging in complex bribery and extortion schemes and the theft of government funds, which resulted in the longest sentence for a sitting New York State politician in recent history.
President Barack Obama nominated Capers in October 2015 to serve as the United States Attorney for the Eastern District of New York. He was confirmed by the US Senate in December 2015. Mr. Capers received his JD from Albany Law School and his BA from New York University.
During his tenure as United States Attorney, Capers gained international recognition for headline grabbing work that included: overseeing the extradition of Joaquin “El Chapo” Guzman, the head of the Sinaloa Cartel; obtaining the indictments and extraditions of nearly 30 FIFA officials; bringing groundbreaking FCPA investigations, including the investigation of a large Brazilian construction conglomerate and a Brazilian petrochemical company for engaging in a massive-in-scale bribery scheme involving government officials around the world; the investigation of a major US financial institution for its corrupt hiring practices in the Asia-Pacific region and the investigation of a US hedge fund for corrupt hiring practices in Africa; and overseeing the agreement by a large German bank to pay a record fine for misleading investors in its sale of residential mortgage-backed securities, which contributed to the 2008 financial collapse in the US.
“Rob has distinguished himself as one of the top prosecutors in the country and is a great addition to our world-class Government Enforcement & White-Collar group that now includes two former US Attorneys,” said Chairman Mark M. Katz. “With Rob’s exceptional background and reputation, his options were limitless. He chose Arent Fox because of our unique culture and outstanding group of partners. Rob’s innovative thinking and experience managing one of the busiest US Attorney’s Offices in the country will be an invaluable service for clients.”
“I am very excited to join the partners at Arent Fox,” said Mr. Capers. “The firm’s tremendous depth of talent, its culture of collegiality and collaboration, and commitment to public service through its robust pro bono practice make it a perfect fit for me. Arent Fox’s integrity, compliance, and white-collar work is second to none, and I am looking forward to working with such a vibrant and dynamic team to build upon its already impressive success.”
Arent Fox is the only law firm to carry out multiple compliance monitorships for the World Bank and is routinely selected for monitorships by the Department of Justice and the New York State Department of Financial Services.
NAFUSA member Pat Miles (WD Michigan 2012-2017) officially kicked off his campaign for state attorney general Thursday. Miles, a Grand Rapids Democrat, was appointed U.S. Attorney by former President Barack Obama, a former classmate at Harvard Law School.
Miles graduated from Aquinas College in Grand Rapids and got his law degree from Harvard. He returned to Grand Rapids and went into private practice until his appointment to the U.S. Attorney’s Office. He is of counsel in the Grand Rapids office of Barnes & Thornburg LLP.
Candidates for attorney general and secretary of state will be selected at political party conventions that will be held after the August primary election in 2018.
On Thursday afternoon of the October NAFUSA conference in Washington, NAFUSA members will be bused to Main Justice for a private session with senior DOJ officials. It will take place in the 7th Floor Conference Room and with feature NAFUSA members in a dialogue with the DOJ leaders.
Monty Wilkinson
Unfortunately, AG Jeff Sessions will be out of town and unavailable to attend, but will send a video welcome for the attendees. The AG, of course, is a former United States Attorney, having served twelve years in the Southern District of Alabama. The AG’s video will be followed by NAFUSA President Bart Daniel holding a dialogue with the Director of the Executive Office for United States Attorneys (EOUSA) Monty Wilkinson.
Monty has held this office since 2014 and prior to being appointed Director, served as the Principal Deputy Director and Chief of Staff of EOUSA. Previously he served as Counselor and Deputy Chief of Staff to the Attorney General, and as Associate Deputy Attorney General.
Rachel Brand
NAFUSA Board Member Karen Hewitt will hold a dialogue with Associate Attorney General Rachel Brand, who was sworn in as the Associate on May 22, 2107. She serves as the third-ranking officer in DOJ. She previously served in the Department from 2003-2007, first as the Principal Deputy Assistant Attorney General for the Office of Legal Policy, and then as the Assistant AG for Legal Policy.
Rod Rosenstein
The last dialogue will be led by NAFUSA Board Member Ron Machen with the Deputy Attorney General Rod Rosenstein, who has spent over 27 years in government service. He began his career with the Department as an attorney with the AG’s Honor Program and most recently served as the U.S. Attorney for the District of Maryland from 2005 to 2017.
NAFUSA member Doug Jones would have been become NAFUSA’s president in October if he had not stepped down to run for Jeff Sessions seat in the United States Senate representing the State of Alabama. Now he faces former judge Roy Moore in the December special election, as Moore defeated Luther Strange in this week’s GOP primary.
This year’s NAFUSA conference will bring together experts on the False Claim Act for an update on this important area of federal practice. The panel will be moderated by NAFUSA Past President Jack Selden (Northern District of Alabama, 1992-1993). Selden, a partner at Bradley Arant Boult Cummings in Birmingham, has extensive experience in cases arising under the FCA and qui tam whistleblower actions, including winning a summary judgment on behalf of AseraCare Hopsice in 2016 in one of the most important cases in FCA history.
Michael Granston
The panel will include Michael Granston, who has served as the Director of the Civil Fraud Section of the Justice Department since 2013. In that capacity he is the leading federal attorney for cases under the FCA.
Jack Boese
He will be joined by Jack Boese, a nationally known expert on the FCA. Boese is the author of the book, Civil False Claims and Qui Tam Actions, commonly cited as authority by courts at all levels, including the United States Supreme Court. Boese is a member of the Litigation Department in Fried Frank’s Washington, DC office.
Bill Nettles
Two newer members of NAFUSA will round out the panel. Bill Nettles served as the United States Attorney for the District of South Carolina, where FCA claims was one of his top priorities. This resulted in his district becoming one of the top districts for false claims recovery. He is now in private practice with a nationwide false claims practice.
Carmen Ortiz
The other NAFUSA member to join the panel is Carmen Ortiz, District of Massachusetts, 2009-2017. She recently joined the law firm of Anderson & Kreiger, while also serving as a visiting professor at Boston College Law School.
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