Ostrow lunch on Friday

Frank Wohl is receiving the Ostrow Award at the annual NYCDL Ostrow Luncheon on Friday. https://nycdl.org/ostrow-award/ Hope to see a lot of you there.

The Percoco jury is still out. Good luck to alums Barry Bohrer, Dan Gitner and Debbie Landis.

Judge Caproni is still pushing the Silver case to go to trial next month on April 16th. Good luck to Mike Feldberg, who just came in for Silver.

Judge Wood gave Bob Gage a small break setting the other political retrial in the Skelos case for June 18th.

Any other upcoming trials we should know about?

Best, Ed.

Summations in Percoco trial are now set for next Tuesday.

I should have mentioned that two other alums, Dan Gitner and Milt Williams, are also on trial with Barry Bohrer representing other defendants in the Percoco case.

Debbie Landis just let me know that summations are set for next Tuesday.

As you may know, the government’s main witness was blown up on cross when he admitted that, in violation of his plea agreement, he committed at least one further crime when he disavowed an American Express charge for staying at the Waldorf while coming to the City for witness prep with the prosecutors. Can’t make this up. They violated him on his agreement and locked him up for the rest of the trial.

Looking forward to the summations, best, Ed.

Back up and running

Our website has been down due to the proverbial “technical difficulties” but after hours with GoDaddy, we are back up. This was caused by the need to add extra security so the Russian hackers wouldn’t get to you. I wish I could say that’s just a joke.

I am pursuing other alums who have not yet registered and would appreciate hearing from you if you know of some.

Barry Bohrer is still on trial in the Percoco case and I’ll try to let you know when summations are given. They will definitely be worth attending if you have the time.

On that note, please let me know of any other trials scheduled in the SDNY. I know that Sheldon Silver has switched lawyers to Mike Feldberg, and Judge Caproni is holding him to the April 16th trial date originally scheduled.

Cheers, Ed Little.

P.S. You can always email me directly with news to post at little@hugheshubbard.com.

News flash

Trump just appointed Geoffrey Berman of Greenberg Traurig (Rudy’s firm) as interim U.S. Attorney SDNY and is nominating him for the permanent position. He likewise appointed Richard Donoghue, formerly Chief of the Criminal Division in the EDNY, for the top position there.

And a Happy New Year to you all.

Best, Ed.

Memorial Mass for Larry Byrne’s brother, Police Officer Eddie Byrne

Thirty years ago, Larry’s brother, Eddie Byrne, was a police officer sitting in his patrol car protecting a local resident in South Jamaica, Queens when he was assassinated on the order of a jailed drug dealer.

Larry was only in the Office for three weeks when Eddie was killed. He tells me the outpouring of support from the Office and the Alumni network at that time was quite extraordinary and a great comfort to him and his family in the wake of this terrible tragedy.

To commemorate his sacrifice Cardinal Dolan will say a Memorial Mass for Eddie on February 21 at St. Patrick’s Cathedral. February 21 was Eddie’s birthday and he was killed only five days after his 22nd birthday.

Larry is now Deputy Police Commissioner in the New York City Police Department.

Kudos to Paul Shechtman for the hung jury in the Seabrook case

The government’s informant spent half the trial on the stand, thanks no doubt to Paul’s cross attacking his credibility for his changing story as well as his motives. More here: https://www.nytimes.com/2017/11/16/nyregion/mistrial-is-declared-in-corruption-trial-of-ex-jail-officers-union-chief.html

It’s good to hear there are still trials for the defense, and trials that end well.

Paul is now at the Bracewell firm with the Honorable Barbara Jones.

Best, Ed.

Sad news.

We are so sad to learn that Debbie Stavile Bartel (AUSA 1983-89), a truly wonderful person, just recently passed away. Here is her obituary in the New York Times:

It is with great sadness that the Bartel family mourns the passing of Deborah, aged 65, on Monday, November 6. Born in New York, NY, the oldest child of E. Patrick and Barbie Stavile, Deborah distinguished herself early on as an honor student at Bishop Reilly High School and graduated magna cum laude, double major, from Queens College, CUNY (1974). In 1979, Deborah received a J.D. with honors (top one percent of her class) from New York University School of Law, where she held the position of Research Editor for the Law Review, and was awarded the Pomeroy Prize (academic prize for the top ten students). Thereafter, Deborah served as law clerk to the Honorable James Hunter III (United States Court of Appeals for the Third Circuit). From 1980 to 1983, she worked as an associate at Sullivan & Cromwell. In 1983 Deborah became an Assistant United States Attorney, S.D.N.Y. working in federal criminal trial, appellate and grand jury practice, and extradition. In 1987 she joined Rubin Baum Levin Constant & Friedman as partner. Throughout her legal career she volunteered for the NAACP and ACLU. While volunteering for the NAACP Legal Defense Fund, she represented the petitioner in Supreme Court case Ake v. Oklahoma (holding that in a capital case Oklahoma’s refusal to provide a psychiatric examination to assist an indigent with an insanity defense violated due process). For the ACLU she drafted portions of the Respondents’ brief in Supreme Court case City of Akron v. Akron Center for Reproductive Health (on whether Ohio regulations of abortion violated Roe v. Wade.) Deborah transitioned to teaching criminal law at Fordham University School of Law in 1991 and continued her career as a law professor at Benjamin N. Cardozo School of Law and Touro Law School, from 1992 to 1997 as a Visiting Associate Professor of Law. Deborah’s published works include Comparing Federal and State Rape Shield Laws (1994), Drawing Negative Inferences Upon Claims of Attorney-Client Privileges (1995), and The Joint Defense Doctrine and A Fair Trial (1996). She was a devoted mother to her two children, Philip and Katie Bartel and retired to spend more time with her family. During retirement, Deborah continued to volunteer her legal services at Safe Horizons, a not-for-profit providing legal help to immigrants who are victims of crime and abuse. Deborah is survived by her husband Paul Bartel and her two children. Her brilliance and kindness will be greatly missed. In lieu of flowers, contributions to Planned Parenthood may be made in her honor.

What’s up?

We would like to keep the blog going so please post whatever would be interesting to our fellow alums, whether it is news of general interest or developments in your own practices. If posting is technologically challenging, just email me your text at little@hugheshubbard.com.

Also please let me know of any alums (recent or older ones I’ve missed) who should be added to the membership.

Looking forward to hearing from you, best, Ed Little.

Alan Cohen moves to the SEC

Alan just let me know that after thirteen years as Head of Global Compliance at Goldman Sachs, he is joining the executive staff of the new Chairman of the SEC, Jay Clayton, as Senior Policy Advisor. Congratulations, Alan, nice move! The SEC’s press release is below.

Best, Ed Little.

“Alan Cohen
“Senior Policy Advisor to the Chairman

“Alan Cohen will serve as advisor to the Chairman on emerging risks and regulatory developments, including the impact of Brexit, new European Union regulations (e.g. MiFID II), and issues related to domestic and international clearing and settlement of securities and derivatives transactions. Most recently, Mr. Cohen was an advisor to the executive office at Goldman Sachs after joining the firm in 2004 as the Global Head of Compliance and a member of the management committee, where he supervised a global team that was responsible for compliance across all business and financial products, and in every major international market. Additionally, he was the court-appointed receiver of an SEC- and CFTC-regulated firm that engaged in a global securities and commodities fraud scheme and served on FINRA’s Compliance Advisory Committee and International Advisory Working Group. From 1991 to 2003, Mr. Cohen created and co-headed the white collar and regulatory defense practice at O’Melveny & Myers LLP. Mr. Cohen earned his J.D. from Rutgers School of Law – Newark, a Ph.D. in Political Science from Rutgers University, and an undergraduate degree from Temple University.”

You are not a shy lot, are you?

Dear All, it would be great to hear from you. Whether it is a court decision, a DOJ development, an upcoming trial, a cry for help, an alum’s move or even a self-promoting puff piece, please feel free to post. If this website is too challenging, you can always just email me text at little@hugheshubbard.com, and I’ll post it for you. Best regards, Ed.

Rich Albert & Bob Anello on Search Warrants in Digital Age

August 2, 2017
New York Law Journal
by Richard F. Albert, Robert J. Anello
Executing Search Warrants in the Digital Age: ‘United States v. Wey’
Dear Friends and Colleagues,
A recent high-profile Fourth Amendment victory for the defense in Southern District of New York case United States v. Wey provides an occasion to assess how courts are applying search and seizure precedents to today’s “big data.” In our latest New York Law Journal article, “Executing Search Warrants in the Digital Age: ‘United States v. Wey,’” we consider Wey in light of other recent decisions in the Second Circuit. These cases demonstrate that the government’s tendency to use broadly-worded search warrants, combined with uncertainty regarding what meets the Fourth Amendment test of “reasonableness” for off-site reviews of electronic files, continues to raise vexing issues for prosecutors, defense counsel, and courts in white collar criminal cases.
Best Regards,
Rich Albert and Bob Anello

View full article:  www.maglaw.com/publications/articles/2017-08-01-executing-search-warrants-in-the-digital-age-united-states-v-wey

Richard F. Albert
Robert J. Anello


For those of you who were saved by Annie Hayes’ charts when on trial, she’s back in her own firm.

From Annie:

I’m so pleased to re-introduce myself to this select group of former SDNY AUSAs and am grateful to Ed Little for posting this. We enjoy a long friendship from the early years we worked together at SDNY.

Back then my firm (formerly Hayes/Kough Graphics) worked on dozens of cases for over ten years. Every week brought us a new case, and there wasn’t one type of case that I didn’t work on – insider trading, tax evasion, corporate conspiracy, money laundering, RICO, organized crime, drug trafficking, terrorism, bank fraud, qui tam – nor a governmental agency that I didn’t work with – DOJ, SEC, FBI, DEA, AFT, IRS, EPA, Office of Special Prosecutor/Iran-Contra, NYS AG, various DA Offices.

Over the years I’ve continued to work on high-profile cases, such as Enron, WorldCom, 9/11, and smaller but equally important matters. They include white-collar defense, complex commercial litigation, class actions, IP, securities, bankruptcy, employment, breach of contract, accounting irregularities, antitrust, insurance claims, and education issues. And pro bono cases, including ones that dealt with death penalty, reproduction rights, prisoner rights, etc.

While most demonstratives are created in PowerPoint, we have also come up with unusual solutions like: Full-scale floor plans using police video to create a rendition of a space that no longer existed (Wendy’s Massacre case for Queens DA). 3-D models of a remote canyon changed by river flow after an alleged crime. Video animations for a complex pharmaceutical matter. And an elaborate presentation for use by a client in 9/11 litigation.

Please let me know if I can ever be of assistance. Best, Annie.

Annie Hayes
Litigation Graphics Consultation and Design
Site: anniehayesdesign.com
1 Jersey Street, NY NY 10012

Kudos to Michael Shachter of Wilkie Farr for the LIBOR case reversal

Mike won a complete reversal of his LIBOR defendant’s conviction and dismissal of the indictment by convincing the Second Circuit that the government did not sustain its burden of proof at a Kastigar hearing that their main cooperating witness’s review of testimony taken of Mike’s client by the Financial Control Authority (FCA) in the UK did not “shape, alter or affect” testimony he could give in the US trial. In the UK, the FCA can compel a person’s testimony, giving him automatic “use immunity” under UK law, but they share that testimony with others under investigation. In this case, that included another person under investigation who later cut a cooperation deal and became the main and apparently essential witness against the defendants. The Court did not just reverse for a new trial but dismissed the indictment because the taint arguably affected the agent who testified in the grand jury about what the cooperator would have to say.

The case is U.S. v. Allen, 16-00898 (2d Cir. 2017). See the Bloomberg article: https://www.bloomberg.com/news/articles/2017-07-19/ex-rabobank-traders-libor-rigging-conviction-tossed-on-appeal

This may be critical in a US/UK joint investigation because the FCA regularly shares its testimony with the SEC though careful not to do so with DOJ. The testimony may well find its way to witnesses used in a criminal case, as it did here.

Annual Stimson Awards on Tuesday 6-8 pm at NY City Bar Association

This year’s winners are: Edward Newman, E.D.N.Y. Civil Division; Nicole M. Argentieri, E.D.N.Y. Criminal Division; Robert William Yalen, S.D.N.Y. Civil Division; and Andrew D. Goldstein, S.D.N.Y.Criminal Division.

On Tuesday, June 6, most of the former Medal recipients are expected to be in attendance for a ceremony and reception to honor this year’s recipients and the legacy of the Stimson Medal. In addition, many of the former U.S. Attorneys for the Southern and Eastern Districts are expected to attend. These include Preet Bharara, NY State Court of Appeals Justice Michael Garcia, NYC Corporation Counsel Zachary Carter, Benton Campbell, Robert Capers and David N. Kelley.

Mary Jo White, former U.S. Attorney in both Districts, and who until this year served as Chair of the Securities and Exchange Commission, will give a keynote address. City Bar President John S. Kiernan will present the Medals. Mark R. Hellerer, Chair of the City Bar’s Stimson Medal Committee, will moderate.

The awards will be presented 6-8pm at the City Bar, 42 West 44th Street.  Admission is free.