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Lanny A. Breuer

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Lanny Breuer
United States Assistant Attorney General for the Criminal Division
In office
April 20, 2009 – March 1, 2013
PresidentBarack Obama
Preceded byAlice Fisher
Succeeded byMythili Raman (acting)
Special Counsel to the President, Office of Counsel to the President
In office
February 1997 – April 1999
PresidentBill Clinton
Member, United States Holocaust Memorial Council
In office
November 1999 – November 2004
Personal details
Born
Lanny Arthur Breuer

(1958-08-05) August 5, 1958 (age 66)
Queens, New York, U.S.
Political partyDemocratic
SpouseNancy Robinson Breuer
Children
  • Samuel Breuer
  • Benjamin Breuer
EducationColumbia University (BA, JD)

Lanny Arthur Breuer (born August 5, 1958) is an American criminal defense lawyer who currently serves as vice chair of Covington & Burling LLP.[1] From 2009 to 2013, he served as Assistant Attorney General for the Criminal Division of the U.S. Department of Justice under President Barack Obama. From 1997 to 1999, he served as Special Counsel to President Bill Clinton. He is a fellow of the American College of Trial Lawyers.[2]

Early life and education

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Breuer grew up in Elmhurst, Queens, where he attended Newtown High School.[3] Breuer's parents were both Holocaust refugees; his father from Austria and his mother from Germany. His mother's parents were both murdered in the Holocaust. Breuer's father, a journalist in Vienna, came to America after fleeing to England. In the United States, Breuer's father was the music editor of Aufbau, a German language newspaper in New York.[4] Breuer graduated from Columbia College in 1980, and Columbia Law School in 1985.[5]

Career

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Early career

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After graduating from Columbia Law School, Breuer was an assistant district attorney in Manhattan from 1985 to 1989. Asked how his mother reacted to his decision to become a junior D.A. after an expensive Columbia education, he recalled:

My parents just never made any money at all. I called up my mother to break the news that her son was not going to a law firm: "Mom, you've just got to remember that Cy Vance Jr. - who, of course, is now the D.A. — he's in the D.A.'s office. And Dan Rather Jr., he's in the D.A.'s office. And Andrew Cuomo, the son of the governor, he's in the D.A.'s office." There was a long pause. And my mother said: "Them? They should go to the D.A.'s office. You? You should go to a firm."[4]

In fact, some 20 years later, his former boss, the legendary Manhattan D.A. Robert Morgenthau, would still remember Breuer as "a poor Jewish kid from Queens."[6]

As an assistant district attorney, he prosecuted violent crime, such as armed robbery and gang violence, white collar crime, and other offenses.

From 1989 until 1997, Breuer practiced law with the law firm of Covington & Burling LLP in Washington, D.C. In this period, he represented U.S. Marine Sergeant Justin Elzie, one of the first U.S. service members to challenge his dismissal from the military for revealing that he was gay.[7] He also received attention for defending Corey Moore in a first-degree murder trial.[8]

White House Counsel's Office

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In 1997, Breuer joined the White House Counsel's Office as special counsel to President Bill Clinton, working under counsel to the president Charles F.C. Ruff. As special counsel, Breuer defended the White House and President Clinton in the congressional and Justice Department investigations of the Clinton campaign's fundraising.

He also defended the White House and President Clinton in the various independent counsel investigations, including Ken Starr's Lewinsky investigation. During the impeachment proceedings against President Clinton, he defended the President in the impeachment hearings in the House and the impeachment trial in the Senate.

Private practice

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Prior to becoming assistant attorney general, Breuer was a partner in the Washington law firm of Covington & Burling LLP and the co-chairman of its white-collar defense and investigations practice group. Breuer was best known for his work representing the subjects of congressional investigations. He represented the University of California in an investigation of Los Alamos National Laboratory, Moody's Investor Service in the wake of Enron's collapse, Halliburton/KBR in a hearing conducted by the House Committee on Oversight and Government Reform, Roger Clemens,[9] Yahoo!, and the Special Litigation Committee of the Board of Directors of Hewlett Packard.

Breuer made headlines when a former colleague from the White House, Sandy Berger, asked for representation after an investigation disclosed Berger's theft of classified documents from the National Archives.[10]

Assistant attorney general

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On January 22, 2009, President Obama selected Breuer to head the Criminal Division of the Department of Justice.[11] He was confirmed by the Senate on April 20, 2009, by a vote of 88–0.[12] He immediately began recruiting elite lawyers from corporate firms, they later became known as the Breu Crew, in hopes of finding those responsible for culpable actions which eventually contributed to the financial crisis of 2008. The crackdown never took place.[13]

FCPA enforcement and anti-corruption initiatives

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During his tenure as assistant attorney general, Breuer substantially increased enforcement of the Foreign Corrupt Practices Act (FCPA), bringing in billions in penalties and leading prosecutions against numerous individuals.[14]

His team has secured convictions against over three dozen individuals since 2009. Among the most noteworthy corporate resolutions in the FCPA area since Breuer became AAG are those involving BAE Systems ($400 million),[15] JGC Corporation ($218.8 million),[16] Daimler AG ($185 million),[17] and Johnson & Johnson ($70 million).[18]

On November 15, 2012, Breuer announced with the Securities and Exchange Commission the release of long-awaited guidance on the Department of Justice's and SEC's approach to FCPA enforcement. The 120-page guide, A Resource Guide to the U.S. Foreign Corrupt Practices Act — was largely praised by the business and enforcement communities.[19]

Financial fraud and money laundering

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In June 2012, under Breuer's leadership, the Fraud Section resolved an investigation of Barclays Bank into the bank's manipulation of the London Interbank Offered Rate, or LIBOR, the premier benchmark for short-term interest rates. Barclays entered into a non-prosecution agreement with the Justice Department, pursuant to which it agreed to pay $160 million. This was part of an approximately $450 million total resolution with U.S. and British authorities. Shortly after the announcement of the Barclays resolution, the top leadership of the bank was forced to resign.[20]

On December 19, 2012, Attorney General Holder and Breuer announced the second LIBOR resolution, this time with UBS AG and UBS Japan. UBS Japan agreed to plead guilty to wire fraud, and UBS AG entered into a non-prosecution agreement with the government and, together with UBS Japan, agreed to pay $500 million in penalties. This was part of an approximately $1.5 billion total resolution with U.S., British, and Swiss authorities. In addition, two individual former UBS traders were charged by criminal complaint with manipulating LIBOR for their own ends.[21]

On December 11, 2012, Breuer announced that HSBC agreed to forfeit $1.25 billion – the largest forfeiture by a bank in U.S. history – and to pay $665 million in civil penalties for violating the Bank Secrecy Act, the International Emergency Economic Powers Act, and the Trading With the Enemy Act.[22] HSBC would not be criminally prosecuted for alleged terrorist financing. Commentator Glenn Greenwald noted the disparity between that decision and the extremely harsh penalties regularly doled out to powerless American Muslims accused of similar behavior.[23] A New York Times editorial called the decision a "dark day for the rule of law."[24]

The department has also reached resolutions with, among others, ING Bank ($619 million),[25] Standard Chartered ($227 million),[26] and MoneyGram ($100 million).[27]

Under Breuer's tenure, the Criminal Division also secured the conviction and 30-year prison sentence of the former chairman of Taylor, Bean & Whitaker in a $3 billion bank fraud,[28] and the conviction and 110-year prison sentence of R. Allen Stanford for perpetrating a $7 billion Ponzi scheme.[29]

BP oil spill

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On November 15, 2012, Breuer and Attorney General Holder jointly announced the largest criminal resolution in history in connection with the April 20, 2010 Deepwater Horizon oil rig explosion.[30] As part of the resolution, BP agreed to plead guilty to 11 felony manslaughter charges, environmental crimes, and obstruction of Congress, and to pay $4 billion in criminal fines and penalties. In addition to resolving charges against the corporation, the two highest-ranking supervisors on board the Deepwater Horizon were charged with manslaughter, and a former BP executive was charged with obstruction of Congress and making false statements.

Organized and violent crime and cooperation with Mexico

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Breuer coordinated the largest mafia takedown in the U.S. Department of Justice's history, announcing with Attorney General Holder in January 2011 charges against more than 125 members of La Cosa Nostra.[31] The division has also prosecuted the most notorious national and international violent gangs operating in U.S. cities and along the southwest border, such as MS-13 in North Carolina, Maryland, and California,[32] and the Aryan Brotherhood of Texas.[33]

The division also brought the largest U.S. prosecution of an international criminal network organized to sexually exploit children.[34] Along with these efforts, Breuer and his team led the extradition of more than 300 defendants from Mexico since 2009, including over 110 defendants in 2012.[35] He has also overseen the investigations of the murders of U.S. citizens and others in Mexico, including ICE Agent Jaime Zapata.

Fast and Furious

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In December 2011, Senator Chuck Grassley called for Breuer's resignation due to his involvement with Operation Fast and Furious.[36] In October 2011, Breuer stated that he regretted having not done more to raise concerns at the U.S. Justice Department.[37]

In September 2012, the Justice Department's Office of Inspector General released a comprehensive report examining Operation Fast and Furious and related matters.[38] The report exonerated Breuer with respect to the operation, concluding that he did not authorize any of the investigative activities in Operation Fast and Furious, including the wiretap applications, and was unaware in 2009 or 2010 that ATF agents in Operation Fast and Furious were failing to interdict firearms.[39] Grassley stated that the report was wrong, citing evidence that Breuer was fully aware of the operation and had lied to Congress during his testimony.[40]

Additional items

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Breuer was in this position during the prosecution of Thomas Andrews Drake, an NSA whistleblower indicted in 2010 under the Espionage Act of 1917 for "retaining national defense information", which led investigative reporter Jane Mayer to write, "Because reporters often retain unauthorized defense documents, Drake's conviction would establish a legal precedent making it possible to prosecute journalists as spies."[41]

Criticism

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Breuer was criticized by many for failing to pursue criminal cases against major financial institutions, like UBS and HSBC. Author Matt Taibbi, in his book, The Divide, argued that Breuer was "risk averse" and that he and Attorney General Eric Holder were overly concerned about the "collateral damage in the form of bad press and political fallout" should they lose a criminal prosecution and thus pushed for cash settlements over proper criminal procedure.[42]

Departure from DOJ and return to private practice

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On January 23, 2013, the Washington Post reported that Breuer was expected to step down and leave the office after being one of the longest-serving heads of the Criminal Division.[43]

The Washington Post article followed the broadcast of a Frontline program criticizing the paucity of prosecutions arising from Wall Street fraud, given the relative ease with which Frontline investigators located whistleblowers. Breuer explained his reasons in the broadcast, focusing on a perceived lack of evidence sufficient to overcome the evidentiary standard of beyond a reasonable doubt[44] and the economic effect of bringing a case against a systemically important institution.[45]

On January 30, 2013, AAG Breuer's departure was confirmed by the Justice Department, as taking place on March 1, 2013.[46]

Upon leaving the DOJ, Breuer rejoined Covington & Burling as its vice chair.[47][48] The New York Times speculated that he could earn as much as $4 million in private practice.[49]

Media representation

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Breuer features extensively in PBS Frontline's 'Untouchables'.[50]

References

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  1. ^ "Lanny A. Breuer". www.cov.com. Retrieved November 24, 2020.
  2. ^ "LANNY A. BREUER CC'80, LAW'85". Columbia College Alumni Association. December 9, 2019. Retrieved February 15, 2021.
  3. ^ "Assistant Attorney General Lanny A. Breuer Speaks at the New York City Bar Association". U.S. Department of Justice. September 13, 2012. Retrieved March 3, 2021.
  4. ^ a b "Breuer Reflects on Prosecutions That Were, and Weren't". New York Times. March 2013. Retrieved March 3, 2021.
  5. ^ "LANNY A. BREUER CC'80, LAW'85". Columbia College Alumni Association. December 9, 2019. Retrieved November 24, 2020.
  6. ^ Meier, Andrew (2022). Morgantha: Power, Privilege and the Rise of an American Dynasty (First ed.). New York: Random House. p. 857. ISBN 9781400068852.
  7. ^ "Homosexual Marine Decides To Go Back to Active Duty". New York Times. October 20, 1993. Retrieved March 3, 2021.
  8. ^ "For D.C. Prosecutors, It's Try and Try Again". Washington Post. Retrieved March 3, 2021.
  9. ^ Duff Wilson, "New York Times", “Clemens Hires Top Washington Lawyer”, January 18, 2008
  10. ^ Eisler, Kim (April 1, 2008). "Go-To Guy Lanny Breuer Seems a Bargain". washingtonian.com/.
  11. ^ Obama names Varney as to antitrust role at Justice Reuters. January 22, 2009.
  12. ^ "CQ Politics | Republicans May Filibuster OLC Nominee". Archived from the original on May 24, 2009. Retrieved April 21, 2009.
  13. ^ Eisinger, Jesse (April 30, 2014). "Why Only One Top Banker Went to Jail for the Financial Crisis". The New York Times.
  14. ^ Leslie Wayne, "Foreign Firms Most Affected By a U.S. Law Barring Bribes", The New York Times, September 3, 2012
  15. ^ Christopher Drew and Nicola Clark, “BAE Settles Corruption Charges”, The New York Times, February 5, 2010
  16. ^ “JGC Corporation Resolves Foreign Corrupt Practices Act Investigation and Agrees to Pay a $218.8 Million Criminal Penalty”, "U.S. Department of Justice Office of Public Affairs", April 6, 2011
  17. ^ Charlie Savage, “Daimler is Said to Settle Bribing Charges”, The New York Times, March 23, 2010
  18. ^ Gardiner Harris, “Johnson & Johnson Settles Bribery Case for $70 Million in Fines”, The New York Times, April 8, 2011
  19. ^ Charlie Savage, “Justice Dept. Issues Guidance on Overseas Bribes”, The New York Times, November 14, 2012
  20. ^ Ben Protess and Mark Scott, “Barclays Settles Regulators’ Claims Over Manipulation Of Key Rates”, The New York Times, June 27, 2012
  21. ^ Mark Scott and Ben Protess, “As Unit Pleads Guilty, UBS Pays $1.5 Billion Over Rate Rigging”, New York Times, December 19, 2012
  22. ^ Ben Protess and Jessica Silver-Greenberg, “HSBC to Pay $1.92 Billion Settle Charges of Money Laundering”, New York Times, December 10, 2012
  23. ^ Greenwald, Glenn (December 12, 2012). "HSBC, too big to jail, is the new poster child for US two-tiered justice system". The Guardian. London. Retrieved December 12, 2012.
  24. ^ "Too Big to Indict". The New York Times. December 11, 2012. Retrieved December 12, 2012.
  25. ^ Anne Lowrey, “ING Bank to Pay $619 Million to Settle Inquiry Into Sanctions Violations”, The New York Times, June 12, 2012
  26. ^ Jessica Silver-Greenberg, “Standard Chartered Agrees to Settle Iran Money Transfer Claims”, The New York Times, December 10, 2012
  27. ^ Elizabeth Murphy, “MoneyGram Agrees to $100 Million Settlement in Fraud, Money-Laundering Case” Archived December 18, 2012, at the Wayback Machine, "Main Justice", November 9, 2012
  28. ^ Ben Protess, “Leader of Big Mortgage Lender Guilty of $2.9 Billion Fraud”, The New York Times, April 19, 2011
  29. ^ Clifford Krauss, “Stanford Sentenced to 110-Year Term in $7 Billion Ponzi Case”, The New York Times, June 14, 2012
  30. ^ "BP Exploration and Production Inc. Agrees to Plead Guilty to Felony Manslaughter, Environmental Crimes and Obstruction of Congress Surrounding Deepwater Horizon Incident" (Press release). U.S. Department of Justice Office of Public Affairs. November 15, 2012. Retrieved March 18, 2016.
  31. ^ U.S. Department of Justice Office of Public Affairs, “91 Leaders, Members and Associates of La Cosa Nostra Families in Four Districts Charged with Racketeering and Related Crimes, Including Murder and Extortion”, January 11, 2011
  32. ^ U.S. Department of Justice Office of Public Affairs, “MS-13 Leader Sentenced to 60 Years in Federal Prison for Racketeering Conspiracy, Armed Robbery and Gun Violation”, May 4, 2009, “North Carolina MS-13 Gang Member Convicted of Racketeering Charges Related to Murder; First MS-13 Member Sentenced to Death”, April 28, 2010, and “Former Leader of MS-13 Gang in San Francisco Pleads Guilty to Racketeering Charges”, January 10, 2011
  33. ^ U.S. Department of Justice Office of Public Affairs, “Eleven Alleged Aryan Brotherhood of Texas Members Charged for Roles in Assault”, February 18, 2011
  34. ^ U.S. Department of Justice Office of Public Affairs, “Attorney General and DHS Secretary Announce Largest U.S. Prosecution of International Criminal Network Organized to Sexually Exploit Children”, August 3, 2011
  35. ^ E.g., U.S. Department of Justice Office of Public Affairs, “Fifteen Individuals Extradited from Mexico to the United States”, December 14, 2010
  36. ^ "Grassley calls for resignation of Justice Dept. official over guns operation – The Washington Post". The Washington Post. Washington DC: WPC. December 7, 2011. ISSN 0190-8286. Retrieved January 12, 2012.
  37. ^ Perez, Evan (November 1, 2011). "Justice Official Regrets Gun Sting - WSJ.com". The Wall Street Journal. New York: Dow Jones. ISSN 0099-9660. Retrieved January 12, 2012.
  38. ^ U.S. Department of Justice Office of the Inspector General, "A Review of ATF's Operation Fast and Furious and Related Matters", September 2012
  39. ^ Id. at 454–455
  40. ^ "Grassley Gives Floor Speech on Operation Fast and Furious and the Long-Awaited Inspector General's Report". September 21, 2012. Archived from the original on March 1, 2013. Retrieved February 27, 2013.
  41. ^ The Secret Sharer, Jane Mayer, The New Yorker, May 23, 2011, retrieved 2011 May 16
  42. ^ Taibbi, Matt (April 2014), The Divide: American Injustice in the Age of the Wealth Gap (First ed.), Spiegel & Grau, p. 37, ISBN 978-0812993424
  43. ^ "Lanny Breuer, Justice Department criminal division chief, is stepping down". Washington Post.
  44. ^ Id.,nails DOJ’s Lanny Breuer who announces resignation, January 24, 2013 Archived November 8, 2013, at archive.today
  45. ^ "Edited Transcript of Frontline Interview with Lanny Breuer". PBS. November 30, 2012. Retrieved January 27, 2013.
  46. ^ "Assistant Attorney General Lanny A. Breuer Announces Departure from Department of Justice - OPA - Department of Justice". justice.gov. January 30, 2013.
  47. ^ "DOJ Criminal Division Head Lanny A. Breuer Returns to Covington As Vice Chair". www.cov.com.
  48. ^ "Lanny Breuer Returns to Covington & Burling in New Leadership Role - The BLT: The Blog of Legal Times". typepad.com.
  49. ^ Protess, Ben (March 28, 2013). "Once More Through the Revolving Door for Justice's Breuer". The New York Times.
  50. ^ "The Untouchables". FRONTLINE.
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