AG Appoints Members to AGAC

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Attorney General Jeff Sessions announced on November 13, 2017, the appointment of nine new U.S. Attorneys to serve two-year terms on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). AGAC was created in 1973 and reports to the Attorney General through the Deputy Attorney General. AGAC represents the U.S. Attorneys and provides advice and counsel to the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys.

“I am pleased to announce the first members of the Attorney General’s Advisory Committee under this administration. These U.S. Attorneys will play an important role in carrying out the Department of Justice’s mission to reduce violent crime, combat transnational criminal organizations, secure our southern border, end the devastating opioid crisis, and return to the rule of law,” said Attorney General Sessions.

The Department’s press release contained the following brief bios on each nominee:

Richard Moore (Chair)

The Senate confirmed Richard Moore’s appointment as United States Attorney for the Southern District of Alabama in September 2017.  Prior to this appointment, Mr. Moore served as the Inspector General for the Tennessee Valley Authority.  From May 2009 to March 2011, Mr. Moore was the Chairman of the Investigations Committee for the Council of Inspectors General on Integrity and Efficiency.  Prior to this position, Mr. Moore served as an Assistant United States Attorney for the Southern District of Alabama from 1985 to 2003.  From 1997 to 1998, Mr. Moore was an Atlantic Fellow in Public Policy at Oxford University in England.  Mr. Moore received his B.S., summa cum laude, from Spring Hill College and his J.D. from the Samford University Cumberland School of Law.

John W. Huber (Vice Chair)

Since June 2015, John Huber has served as the United States Attorney for the District of Utah, and in August 2017, the Senate again confirmed his appointment.  Prior to being United States Attorney, Mr. Huber served as an Assistant United States Attorney for thirteen years.  Mr. Huber began his prosecutorial career in the Weber County (Utah) Attorney’s Office, and later served as the Chief Prosecutor for West Valley City, Utah, before joining the United States Attorney’s Office in 2002.  Mr. Huber received his B.A. from the University of Utah and his J.D. from the University of Utah College of Law.

Justin E. Herdman

The Senate confirmed Justin Herdman’s appointment as United States Attorney for the Northern District of Ohio in August 2017.  Prior to this appointment, Mr. Herdman was a partner at Jones Day and an Assistant United States Attorney in Cleveland, Ohio.  Mr. Herdman previously served as an Assistant District Attorney in New York City from 2001 to 2005 and as an associate at Vorys, Sater, Seymour and Pease, LLP.  He is currently a Judge Advocate General in the United States Air Force Reserve.  Mr. Herdman received his B.A. from Ohio University, his Master of Philosophy from the University of Glasgow and his J.D. from Harvard Law School.

Robert Higdon

The Senate confirmed Robert Higdon to be United States Attorney for the Eastern District of North Carolina in October 2017.  Prior to this appointment, Mr. Higdon was a partner at the law firm of Williams Mullen.  He previously served as an Assistant United States Attorney in both the Western and Eastern Districts of North Carolina.  In the Eastern District U.S. Attorney’s Office, Mr. Higdon served as Chief of the Criminal Division for more than 11 years.  Mr. Higdon also served as senior trial counsel in the Public Integrity Section of the Department of Justice.  He received his B.A., cum laude, from Wake Forest University and his J.D. from Wake Forest University School of Law.

Jeff Jensen

The Senate confirmed Jeff Jensen to be United States Attorney for the Eastern District of Missouri in October 2017.  Prior to this appointment, Mr. Jensen was a partner at Husch Blackwell LLP.  He served as an Assistant United States Attorney in the Eastern District of Missouri starting in 1999, and was Executive United States Attorney from 2005 to 2009.  Prior to joining the U.S. Attorney’s Office, Mr. Jensen was an FBI Special Agent from 1989 to 1999.  While working at the FBI, Mr. Jensen attended St. Louis University School of Law at night, graduating magna cum laude.  He also received his B.A., cum laude, from Indiana University School of Business.

Jessie K. Liu

The Senate confirmed Jessie Liu to be United States Attorney for the District of Columbia in September 2017.  Ms. Liu was previously Deputy General Counsel for the United States Department of the Treasury and a partner at the law firms of Morrison & Foerster LLP and Jenner & Block LLP.  In addition, she has served as an Assistant United States Attorney in the District of Columbia and in several senior positions in the United States Department of Justice, including as Deputy Assistant Attorney General in the Civil Rights Division, counsel to the Deputy Attorney General, and deputy chief of staff for the National Security Division.  Ms. Liu clerked for then-Chief Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit.  She received her A.B., summa cum laude, from Harvard University and her J.D. from Yale Law School.

Joshua Minkler

The Senate confirmed Joshua Minkler to be United States Attorney for the Southern District of Indiana in October 2017.  Since June 2015, Mr. Minkler had served as the interim United States Attorney for the Southern District of Indiana.  Prior to that position, he served for 21 years as an Assistant United States Attorney in the Southern District of Indiana.  Before he joined the U.S. Attorney’s Office, Mr. Minkler served for five years as an assistant prosecuting attorney in the Office of the Kent County Michigan Prosecuting Attorney.  Mr. Minkler received his B.A. from Wabash College, and his J.D. from Indiana University Maurer School of Law.

 Bryan Schroder

Bryan Schroder’s nomination to be United States Attorney for the District of Alaska is pending in the Senate.  Mr. Schroder is currently the Acting United States Attorney for the District of Alaska, and previously served as the First Assistant United States Attorney and Criminal Chief.  Mr. Schroder has served in the U.S. Attorney’s Office for more than 11 years.  Mr. Schroder is a retired Captain in the U.S. Coast Guard, having served for 24 years.  Mr. Schroder graduated from the U.S. Coast Guard Academy and the University of Washington School of Law.

R.Trent Shores

The Senate confirmed Robert Trent Shores to be United States Attorney for the Northern District of Oklahoma in September 2017.  Prior to this appointment, Mr. Shores was an Assistant United States Attorney in the Northern District of Oklahoma.  Mr. Shores previously served as First Assistant Attorney General for the State of Oklahoma and deputy director for the Department of Justice’s Office of Tribal Justice, where he developed initiatives to promote public safety in Indian Country.  Mr. Shores received his undergraduate degree from Vanderbilt University and his J.D. from the University of Oklahoma College of Law.

Jenny Durkan Projected to Win the Race for Mayor of Seattle

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Jenny Durkan at her election night party (Erica Schultz/The Seattle Times

CBS reported this morning that NAFUSA Board Member Jenny Durkan will win the race for Mayor of the City of Seattle. With 60 percent of the votes counted as of Tuesday night, Durkan had more than a 20 point lead in early returns.

Durkan served as the United States Attorney for the Western District of Washington (2009-2014) and will be the first female mayor in Seattle in 91 years.

Greg Scott Nominated to Return as US Attorney

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NAFUSA board member and life member Greg Scott has been nominated by President Trump to serve as the United States Attorney for the Eastern District of California, where he previously served from 2003 to 2009. Scott is currently a partner with the law firm of Orrick, Herrington & Sutcliffe, LLP, where his practice focuses on white collar criminal defense and corporate investigations. From 1997 to 2003, he served as the elected district attorney of Shasta County, California. Scott served as a deputy district attorney from 1989 to 1997 in Contra Costa County, California. He retired from the United States Army Reserve as a lieutenant colonel after 23 years of service. Scott received his B.A. from Santa Clara University in 1985 and his J.D. from Hastings College of Law, University of California, in 1989.

Greg is shown in the photo above attending last month’s NAFUSA conference in Washington. Due to his nomination, Greg has submitted his resignation to the NAFUSA board. His vacancy in the class of 2018 will be filled by the board.

DC Conference Huge Success

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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.

Matt Whitaker Named AG’s Chief of Staff

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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.”

Grand Jury Question

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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.  

Peter can be reached at p.vaira@gpfflaw.com

 

 

Robert Capers Joins Arent Fox and NAFUSA

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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.

Pat Miles Runs for AG of Michigan

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(Photo:Kathleen Gray/Detroit Free Press)

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.