NAFUSA Announces Panel on Corporate Investigations

Steven J. Kuzma, the American Leader for the Corporate Compliance Advisory Services group within Ernst & Young’s Fraud Investigation & Dispute Services, is working with NAFUSA to coordinate a two hour panel discussion entitled Corporate Compliance- Investigations, Diligence & Analytics. The panel, sponsored by Ernst & Young will be held on Friday morning, October 12, 2012, at NAFUSA’s conference in Atlanta.

Jay Stephens, President Elect of NAFUSA, will be the panel moderator. Panel members will include Lanny A. Breuer and Dan K. Webb.

Jay B. Stephens, shown right, is senior vice president, general counsel and secretary of Raytheon Company. Raytheon, with 2011 sales of $25 billion and 71,000 employees worldwide, is a leader in defense, homeland security and other government markets worldwide. Stephens leads the company’s legal and regulatory affairs, ethics and compliance programs, and corporate governance activities.

Prior to joining Raytheon, he served as associate attorney general of the United States. Before becoming associate attorney general, Stephens was corporate vice president and deputy general counsel for Honeywell International (formerly AlliedSignal). From 1993 to 1997, Stephens was a partner in the Washington, D.C., office of the law firm of Pillsbury, Madison and Sutro, where his practice focused on complex litigation, regulatory matters and corporate governance issues. He also served as co-managing partner of the firm’s Washington office.

Stephens served as the United States Attorney for the District of Columbia, 1988-1993. From 1986 to 1988, Stephens served in the White House as deputy counsel to President Reagan, where he was responsible for a wide range of legal policy and regulatory issues and for providing counsel and advice to the President and senior White House staff.

From 1973 to 1985, Stephens served in a variety of positions with the U.S. Department of Justice and in the private sector, including principal associate deputy attorney general, assistant U.S. attorney and assistant special Watergate prosecutor. He also worked as an assistant general counsel with the Overseas Private Investment Corporation and as an associate with the Washington law firm of Wilmer Cutler & Pickering.

Stephens graduated from Harvard College magna cum laude and Phi Beta Kappa with a bachelor’s degree in government, attended Oxford University on a Knox Fellowship, and earned his Juris Doctor degree cum laude from the Harvard Law School. He currently serves on the board of directors of the New England Legal Foundation, NAFUSA and the Atlantic Legal Foundation. Stephens also serves on the advisory boards of the American Enterprise Institute’s Legal Center for the Public Interest and the Georgetown Law School Corporate Counsel Institute, as well as on the General Counsel Committee of the National Center for State Courts, and as a trustee of the American Friends of New College, Oxford

 

Lanny A. Breuer, shown left, was unanimously confirmed as assistant attorney general for the Criminal Division on April 20, 2009. He oversees nearly 600 attorneys who prosecute federal criminal cases across the country and works closely with the U.S. Attorneys’ Offices in connection with the investigation and prosecution of criminal matters in their districts. He regularly testifies before Congress on the Administration’s policy initiatives and advises the attorney general and the White House on matters of criminal law. Breuer also serves as the Department’s representative on the Atrocities Prevention Board, which President Obama announced in April 2012.  For his work as assistant attorney general, the National Law Journal named Breuer a “Visionary” in the Washington, D.C. legal community, and he was recently ranked sixth on Ethisphere’s list of The 100 Most Influential People in Business Ethics.

Breuer began his legal career in 1985 as an assistant district attorney in Manhattan, where he prosecuted violent crime, such as armed robbery and gang violence, white collar crime, and other offenses. In 1989, he joined the law firm of Covington & Burling LLP, where he worked until 1997, when he joined the White House Counsel’s Office as special counsel to President Clinton. As special counsel, Breuer assisted in defending President Clinton in the Senate impeachment trial.

Breuer returned to Covington in 1999 as co-chair of the White Collar Defense and Investigations practice group, where he specialized in white collar criminal defense and complex civil litigation and represented individuals and corporations in matters involving high-stakes legal risks. He also vice-chaired the firm’s Public Service Committee. He has been recognized as a leading litigator by numerous publications, including American Lawyer (“45 Under 45”), Chambers USA, The Best Lawyers in America, Guide to the World’s Leading White Collar Crime Lawyers, The International Who’s Who of Business Lawyers, and Washingtonian (“Big Guns”). He is a fellow of the American College of Trial Lawyers, a barrister of the Edward Bennett Williams Inn of Court, and a member of the American Law Institute. Breuer received his J.D. from Columbia Law School.

 

NAFUSA member and former United States Attorney Dan K. Webb, shown below, is the chairman of Winston & Strawn, which he joined in 1985 after serving as the U.S. Attorney for the Northern District of Illinois (1981-1985). He received international attention for his successful prosecution of retired Admiral John Poindexter in the Iran-Contra affair. As the U.S. Attorney in Chicago, he spearheaded the “Operation Greylord” investigations into judicial corruption in Cook County, Ill.

As a nationally known commercial litigator, Webb served as lead trial counsel for General Electric, successfully defending it against criminal price-fixing allegations related to industrial diamonds, as well as for his representations of Microsoft Corp. in its antitrust litigation, Philip Morris in its tobacco-related litigation, and Verizon in obtaining a $58 million verdict in a patent litigation matter.

One of the nation’s top experts on internal investigations, Webb led a Winston & Strawn team in conducting an internal investigation at the New York Stock Exchange related to the compensation of its former Chairman and CEO, Richard A. Grasso. Following Winston’s investigation, summarized in what is now known as the “Webb Report,” the New York’s Attorney General’s Office sued Grasso for the return of more than $120 million in compensation. He is the co-author of Corporate Internal Investigations (Law Journal Seminars Press, 1993-present), considered by many general counsel to the the leading treatise on how corporate internal investigations should be conducted.

Among his many honors, Webb was selected by the National Law Journal as one of the “100 Most Influential Lawyers in America”, ranked as the No. 1 white-collar criminal defense attorney by the Corporate Crime Reporter and ranked for bet the company litigation by The Best Lawyers in America. Webb is well known for community service and pro bono representation. He was a 2010 recipient of the Inns of Court Professionalism Award.

Webb is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. He received his J.D. from Loyola University Chicago School of Law.

 

Rory Little To Speak on Legal Ethics at Atlanta Conference

Professor Rory Little, of the University of California Hastings College of Law, will give a presentation on legal ethics at NAFUSA’s Atlanta conference in October. He is a nationally recognized authority on criminal litigation ethics and on three occasions he has been awarded the “Best Professor” designation by Hastings’ third-year class.

A graduate of Yale Law School, Little served as a law clerk to United States District Judge Louis F. Oberdorfer; Justice Potter Stewart (ret.); and Justice William J. Brennan Jr. He also clerked part-time for Justices Powell, Stevens and Chief Justice Burger in a unique one-year experience.

Little has served in the Department of Justice with the Organized Crime & Racketeering Strike Force, the U.S. Attorney’s Office in the Northern District of California and as an associate deputy attorney general at Main Justice during the Clinton Administration.

Professor Little annually publishes a Review of the Supreme Court’s Term: Criminal Cases for the ABA. He serves as reporter to the ABA’s Task Force to Revise the Criminal Justice Standards, Prosecution and Defense Functions. He also is of counsel for appellate matters to McDermott Will & Emery.

John Doar Keynote Speaker in Atlanta

NAFUSA President Richard Deane announced that John Doar, left, famed for his involvement in several of the most significant events of the civil rights movement, will be the keynote speaker at this year’s conference in Atlanta.

Doar served as first assistant and then assistant attorney general, Civil Rights Division, Department of Justice, from 1960 to 1967, the critical years of the civil rights movement. He also served as special counsel to the House of Representatives with respect to the impeachment of President Nixon and as counsel to the judicial investigation of a sitting federal judge, which ultimately led to his impeachment.

In 1962, Doar confronted Mississippi Governor Ross Barnett when the governor attempted to block James Meredith from entering the University of Mississippi. Doar is shown in the photo (right) with U.S. Marshals escorting Meredith to class.

He prosecuted and convicted Collie Leroy Wilkins for federal civil rights violations in the murder of Viola Liuzzo. In 1963, he confronted and calmed an angry mob after the murder of Medger Evers. “My name is John Doar, D-O-A-R,” he shouted. “I’m from the Justice Department, and anybody around here knows I stand for what is right.” He was also the prosecutor in the federal civil rights case against the accused murderers of Andrew Goodman, James Chaney and Michael Schwermer, the subject of the movie Mississippi Burning.

Earlier this year, President Obama awarded Doar the Presidential Medal of Freedom. As President Obama described during the ceremony:

It was a scorching hot day in 1963, and Mississippi was on the verge of a massacre.  The funeral procession for Medgar Evers had just disbanded, and a group of marchers was throwing rocks at a line of equally defiant and heavily-armed policemen.  And suddenly, a white man in shirtsleeves, hands raised, walked towards the protestors and talked them into going home peacefully.  And that man was John Doar.  He was the face of the Justice Department in the South.  He was proof that the federal government was listening.  And over the years, John escorted James Meredith to the University of Mississippi.  He walked alongside the Selma-to-Montgomery March.  He laid the groundwork for the Civil Rights Act of 1964 and the Voting Rights Act of 1965.  In the words of John Lewis, “He gave [civil rights workers] a reason not to give up on those in power.”  And he did it by never giving up on them.  And I think it’s fair to say that I might not be here had it not been for his work.

He is currently senior counsel to the New York firm of Doar Rieck Kaley & Mack. He is a graduate of the  University of California at Berkeley Boalt Hall School of Law.

Ernst & Young, Bradley Arant and Jones Day Join 2012 Sponsors

With three new sponsors, NAFUSA has received a total of $48,500 towards the success of the 2012 Atlanta conference. They join existing sponsors Greenberg Traurig ($15,000), Perkins Coie ($5,000) and Cooley ($1,000) as 2012 sponsors.

Ernst & Young, a longtime NAFUSA sponsor, has contributed $15,000. Steven J. Kuzma with E&Y’s Fraud Investigation & Dispute Services, will coordinate a two hour panel in Atlanta on corporate internal investigations. Kuzma, shown left, has attended several NAFUSA conferences, and is a long time friend and supporter of the organization.

Kuzma is the Americas Leader for the Corporate Compliance Advisory Services group within Ernst & Young’s Fraud Investigation & Dispute Services practice. He helps companies identify and prioritize compliance risks related to legal, regulatory or business requirements. He assists with the design and implementation of compliance programs and helps make sure those programs are integrated into the company’s processes and controls. He also helps to measure the effectiveness of existing compliance programs and makes recommendations for improvements.

Steve has significant experience across a range of industries, including retail, consumer and industrial products; health care; life sciences; entertainment; real estate; agriculture; utilities; and technology. He advises on commercial disputes, fraud and forensic investigations and economic valuation and damages analysis.

Kuzma is a certified public accountant, certified fraud examiner and certified in financial forensics. Additionally, he is a senior member of the American Society of Appraisers with a focus on business valuation. He is recognized as being accredited in business valuation by the American Institute of Certified Public Accountants.

He holds a BBA from Florida Atlantic University and an MBA from Rollins College, both in finance and accounting. He completed postgraduate studies at Northwestern University’s Kellogg Graduate School and Harvard Business School.

 

Bradley Arant Boult Cummings LLP, one of the largest law firms in the Southeast, with more than 400 attorneys, has joined the list of NAFUSA sponsors with a $7,500 contribution. NAFUSA past president and membership chair Jack Selden, shown right, is a partner in the firm’s Birmingham, Alabama office. Selden served as United States Attorney for the Northern District of Alabama. He practices white collar criminal defense, Federal False Claims Act defense, and complex civil litigation. He is a graduate of the Alabama School of Law.

 

The third new 2012 Atlanta conference sponsor is Jones Day with a $5,000 contribution. With more than 2,400 lawyers, including more than 400 lawyers in Europe and 200 lawyers in Asia, Jones Day ranks among the world’s largest law firms. The firm is also home to three members of NAFUSA’s board of directors: President Richard H. Deane, shown right, (Northern District of Georgia 1988-2001), Secretary Matthew D. Orwig, shown below right, (Eastern District of Texas 2001-2007) and board member Karen P. Hewitt, shown below left, (Southern District of California 2007-2010).

 

 

 

Mary Jo White Retained By N.F.L. in Bounty Case

NAFUSA member Mary Jo White has been retained by the National Football League to review the evidence against four New Orleans Saints players suspended as a result of allegations of a bounty system for payments for inflicting injuries on opposing players. As reported on June 19, 2012, in The New York Times article entitled Ex-Prosecutor Presents N.F.L.’s Findings at Appeals in Bounty Case, White reviewed the evidence and presented the N.F.L.’s case during the appeal hearing for the Saints players before Commissioner Roger Goodell.

White served as United States Attorney for the Southern District of New York 1993-2002. After leaving office, she rejoined Debevoise & Plimpton LLP and became chair of the firm’s litigation department. She is a fellow in the American College of Trial Lawyers and the International College of Trial Lawyers. White has served as a director of The Nasdaq Stock Exchange and is a member of the Council on Foreign Relations.

NAFUSA Board Meets on Mackinac Island

The Spring meeting of the NAFUSA board of directors was held at the Grand Hotel on Mackinac Island, Michigan on June 9, 2012. Pictured above standing on the porch of the Grand: President Elect Jay Stephens, Executive Director Rich Rossman and Patty Rossman, Melissa Orwig and Secretary Matt Orwig, Vice President Don Stern, Chuck Stevens, Paul Coggins, President Rick Deane, Fondation President Mike McKay and Nanci McKay, Tom Maroney, Jim Brady, Hal Hardin, Terry Flynn, Patty Woods and Ron Woods and Bart Daniel.

Seated: Cathy Brady, Ann Stevens, Cindy Daniel, Mary Kay Maroney, Erica Stern and Regina Montoya. Present but not pictured: Jack Selden and Don Foster.

President Rick Deane welcomed the board to Mackinac Island and announced the planning for the annual conference to be held in Atlanta on October 11-13, 2012. The current plans can be viewed on the NAFUSA website  which will be updated regularly. The conferences would not be possible without the sponsors. GreenbergTraurig, Perkins Coie, Jones Day and Cooley have signed up to be 2012 sponsors. Additional sponsors are expected. President Elect Jay Stephens announced that the 2013 conference will be held in on September 26-28 in Washington, DC. Vice President Don Stern advised that the 2014 conference will be in Boston.

Jack Selden reported on membership. NAFUSA currently has 269 active members, including 42 life members and 26 seniors. When a U.S. Attorney leaves office, NAFUSA will extend an invitation to join, and the dues are waived for the first year. Selden also encouraged reaching out to former Department of Justice officials who have served pursuant to a Presidential commission, who are eligible for full membership.

President Deane had appointed a process committee, co-chaired by Don Stern and Ron Woods to review how NAFUSA should handle requests to the organization to take positions on public issues. The board adopted the recommendations outlined by the committee in  NAFUSA Policy Committee Report:

1. NAFUSA was founded as a non-partisan organization, to promote, defend, and further the integrity and the preservation of the litigating authority and independence of the Office of the United States Attorney.

2. Any public position taken by NAFUSA (which would include public statements, letters, or other written or oral expressions on behalf of NAFUSA) should be on an issue which furthers these objectives. Public positions on more general issues of the administration of justice are not likely to be considered.

3. It is expected that public positions will be taken rarely, and only for compelling reasons and when there appears to be general consensus of the membership, having in mind the collegial and non-partisan nature of NAFUSA.

4. Such public positions will be authorized by a super-majority vote of the Board (75% of those eligible to vote). Votes may be taken by phone or email ballot.

5. This policy is not intended to restrict the ability of any individual member of NAFUSA, including officers and directors, to take personal and public positions on any issue, including controversial issues. If necessary, every effort should be made to make clear that the member is not representing or speaking on behalf of NAFUSA.

The board met on Saturday morning. More photos of the Mackinac conference are posted on the website and can be accessed at NAFUSA Spring Board Meeting June 9, 2012

Terry Flynn Confirmed as Trustee of New York Power Authority

On June 5, 2012, New York Governor Andrew M. Cuomo announced that the State Senate unanimously confirmed the nomination of NAFUSA board member Terrance P. Flynn as a trustee of the New York Power Authority (NYPA). Established by Governor Franklin D. Roosevelt in 1931, NYPA is America’s largest state power organization, with 17 generating facilities and more than 1,400 circuit-miles of transmission lines.

“I look forward to the opportunity afforded me by Governor Cuomo and the State Senate to be a member of the Power Authority’s Board of Trustees,” said Flynn. “NYPA is instrumental to the state’s electric power system and economy, and I am honored to be soon working alongside the other trustees and the Power Authority’s senior management. I hope to apply the experiences that I’ve gained over the years in the legal profession in contributing to NYPA’s broad mission for New York State.”

Flynn is a partner at Harris Beach where he is the co-leader of the firm’s 13-office government compliance and investigations practice group. Founded in 1856, Harris Beach and its affiliates provide a full range of legal and professional services for clients across New York state as well as nationally. Harris Beach has more than 200 lawyers and is one of the country’s Top 250 law firms as ranked by The National Law Journal.

As co-leader of this practice group, Flynn advises Fortune 500 or large privately held companies, including Facebook and Continental Airlines, on such matters as corporate compliance, commercial litigation, product liability, or personal injury litigation. Flynn is also a member of the Board of Directors of the Boys & Girls Clubs of Buffalo and the Federal Bar Council Foundation.

Prior to joining Harris Beach, Flynn served as the United States Attorney for the Western District of New York from 2006 to 2009. He received degrees in accounting and law from the University of Notre Dame and the University of Buffalo Law School.

Susan Brooks Wins GOP Nomination for Congress

On May 8, 2012, former U.S. Attorney and NAFUSA member Susan W. Brooks won the Republican nomination to replace retiring Rep. Dan Burton in Indiana’s 5th District Congressional race. Brooks finished first in a field of eight in the GOP primary. She will face her Democratic opponent in November.

For the last four years, Brooks served as senior vice president and general counsel for Ivy Tech Community College.  She serves on the State Workforce Innovation Council, the BioCrossroadsLINX Board, the TechPoint board, the Indiana Chamber of Commerce Ready Indiana Board, and the Indiana University Public Policy Institute.

In 2001, President George W. Bush appointed Susan as U.S. Attorney for the Southern District of Indiana, where she served for six years.

From 1998-99, Brooks served as deputy mayor of Indianapolis, focused on public safety and social issues. In addition to oversight of police, fire, and emergency response activities, she represented the City of Indianapolis on numerous boards related to criminal justice, community corrections, violence reduction, race relations, and programs of the United Way of Central Indiana, among others.

From 1999-2001, Susan practiced law at the Indianapolis law firm of Ice Miller in the Government Services Practice Group.  Brooks has also practiced as a criminal defense attorney at the Indianapolis law firm of McClure, McClure and Kammen.

Susan has devoted countless volunteer hours to numerous civic and community efforts, including service on the following boards:  St. Vincent Hospital, the Children’s Museum, Women’s Fund of Central Indiana, Indiana Youth Institute, Indiana University School of Law-Indianapolis Board of Visitors, Indianapolis Neighborhood Housing Partnership, Junior League of Indianapolis, and Carmel Library Foundation.  She co-chaired the NCAA 2011 Women’s Final Four.

Brooks is a graduate of the Indiana University Indianapolis School of Law. She currently resides in Carmel with her husband, David, and two children.

Magistrate Judge George Lowe Retires From Bench and Rejoins Bond, Schoeneck & King

Long time NAFUSA member George H. Lowe was appointed a United States Magistrate Judge for the Northern District of New York in 2004. Earlier this year he retired from the bench and rejoined Bond, Schoeneck & King as of counsel in its Syracuse office. Judge Lowe had been a partner at Bond for twenty-one years prior to taking the bench. He will concentrate his practice on white collar criminal defense and complex federal civil litigation. He also expects to serve as a mediator and arbitrator, as well as performing service to the bar, including pro bono matters. He is currently co-chair of the New York State Bar Association’s Committee on Access to Justice.

Judge Lowe served as the United States Attorney for the Northern District of New York, 1978-1982, and was an Assistant U.S. Attorney in the district from 1971-1976. He served two terms as a NAFUSA director and was president-elect in 2003, but stepped down when he took the bench.

This fall Judge Lowe will be a visiting professor in Odessa, Ukraine. He is a graduate of the Columbia University School of Law.