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.
As Loretta Lynch, President Obama’s nominee to succeed Eric Holder as Attorney General, awaits confirmation hearings scheduled to begin before the the Senate Judiciary Committee on January 28 and 29, Matt Apuzzo on The New York Times profiled her in today’s paper.
Ms. Lynch, President Obama’s nominee to become the next attorney general, is easy to misread. Mr. Obama predicted that she would carry on the legacy of Eric H. Holder Jr., an African-American who proudly declared himself an activist and became the administration’s most outspoken voice on race.
But while Ms. Lynch shares Mr. Holder’s views on issues such as the strained relations between the police and minorities, her friends and colleagues describe someone cautious and comfortable staying in the background who sees her role as that of a traditional prosecutor and not a civil rights advocate. Those differences are likely to become clear when confirmation hearings on her nomination begin in the Senate in the next few weeks.
The Times quotes Ronald T. Hosko as one of “Mr. Holder’s most vocal critics.” Hosko is president of the Law Enforcement Legal Defense Fund and a former assistant director of the F.B.I. Hosko offered only praise for Lynch,
Mr. Hosko said his old colleagues had told him to expect an aggressive prosecutor and a reluctant political figure.
“It was all very, very positive,” he said. “I haven’t heard any reports that she’s weak in the knees, that the office is afraid.”
The Times also quotes Paul Fishman, the United States Attorney for the District of New Jersey, “It’s never about Loretta, said Fishman. “It’s always about the work.”
As Lynch awaits the Senate hearings, Sally Yates also awaits confirmation as the Deputy Attorney General. Jim Cole has left the Department to return to private practice. Eric Holder has announced, however, that he will remain in office until his successor is confirmed.
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.
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.”
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
NAFUSA President Matt Orwig, shown left, has begun plans for the 2015 conference to be held in Scottsdale, Arizona at The Phoenician on October 15-18, 2015, with a special conference rate of $325 per night. Registration will not begin until July, but mark your calendar now.
The NAFUSA Board and Officers will hold their spring meeting in Nashville May 14-17, 2015, at The Hermitage Hotel. As is the custom, board members will pay their own travel and hotel expense.
President Elect Greg Vega, shown right, has announced that the 2016 NAFUSA conference will be held on October 6-9, 2016, in San Diego at the world famous Hotel Del Coronado with a fabulous conference rate of $295 per night.
NAFUSA begins 2015 with 256 active dues paying members, including 20 senior members and 55 lifetime members. Invoices for 2015 dues will be sent via email in January, with a due date of February 28, 2015. But there is no need to wait. Send your check payable to NAFUSA to Rich Rossman, at the address below. Better yet, join your 55 colleagues who are life members. See a list of lifers on the link at the top of the home page, including Ron Tenpas, the latest to become a life member, having done so on December 31, 2014. Regular dues are $150 per calendar year; $50 for seniors (fully retired and over 70) and $1500 for lifetime.
The NAFUSA Foundation, a separate 501(c)(3) tax-deductible entity, continues its drive to raise an additional $1 million reward for information that would lead to the arrest and conviction of the murderer(s) of Tom Wales, the Assistant United States Attorney who was murdered on October 11, 2001 at his home, in what is believed to have been a work related assassination. The Foundation has raised $405,000 to date, to supplement the $1 million offered by DOJ. A pledge is only called if someone comes forward with information and the government determines that the person qualifies for payment of the reward funds put up by the government. If payments are ever made, they will be tax-deductible. If you have not made a pledge, and would like to, contact Foundation President Mike McKay, shown left, whose contact information is listed on the member directory on the home page.
In addition, the Foundation has announced it will undertake a second project: funding grants to U.S. Attorney Offices throughout the country to fund projects not normally paid by DOJ but consistent with NAFUSA principles. The NAFUSA board voted to transfer $25,000 of NAFUSA funds to the Foundation as seed money for this important initiative. In addition, the 2015 dues invoices will have a line where you can make a separate tax-deductible contribution to the Foundation for this purpose.
In January we will also begin to solicit 2015 sponsors. Our sponsors are critical to the success of our annual conferences, which would not be possible without their financial assistance. The Board has decided that for 2015, sponsors at the $15K level and above will continue to have an event (such as the Thursday evening reception) named in their honor and receive up to 4 complimentary registrations. Sponsors at the $10K level will also receive up to 4 complimentary registrations. Sponsors at he $5K level will receive two complimentary registrations. As soon as checks are received, sponsor links will be added to the home page and appear in every newsletter for the remainder of the calendar year. Recognition will also be made in all conference materials. Contact Rich Rossman for more details.
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.
President Obama announced on December 22 that Sally Quillian Yates, the United States Attorney for the Northern District of Georgia, will be nominated to be the Deputy Attorney General. Yates, currently vice chairwoman of the the Attorney General’s Advisory Committee, has worked in the U.S Attorney’s Office for the Northern District of Georgia since 1989, and as U.S. Attorney since her Senate confirmation on March 10, 2010. She is a 1986 graduate of the University of Georgia School of Law.
Yates would replace Deputy Attorney General James M. Cole, who is stepping down in January to take a job in the private sector. The Senate is expected to begin the confirmation hearing for attorney general nominee Loretta Lynch in the second or third week of January. Holder has said he will remain as attorney general until a nominee is confirmed.
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.”
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