If - Judiciary.senate.gov

public, in accordance with provisions of the Ill inois Open Meetings Act. I have alsoregularly attended the open session of meetings of the College's Board of Trusteesat which I made occasional comments and for which minutes were prepared. Videorecordings of these meetings are available at the following e log.html. Meeting agenda packets,which generally contain minutes of the previous month 's meeting, are available atthe following link: https://cod.edu/about/board of trustees/index.aspxd. Supply copies, transcripts or recordings of all speeches or talks delivered by you,including commencement speeches, remarks, lectures, panel discussions,conferences, political speeches, and question-and-answer sessions. Include thedate and place where they were delivered, and readily available press reportsabout the speech or talk. If you do not have a copy of the speech or a transcript orrecording of your remarks, give the name and address of the group before whomthe speech was given, the date of the speech, and a summary of its subject matter.If you did not speak from a prepared text, furnish a copy of any outline or notesfrom which you spoke.February 6, 2019: Reader, African-American Read-In, College of DuPage, GlenEllyn, Illinois. Notes and PowerPoint supplied.January 2019: Presenter, College of DuPage In-Service Training, Glen Ellyn,Illinois. PowerPoint supplied.December 2018: Panelist, 2018 College of DuPage Pitch Contest, Glen Ellyn,Illinois. As one of several judges, I served on a panel that awarded prizes tostudent entrepreneurs and made suggestions to the students of how to improvetheir presentations. I have no notes, transcript, or recording. The address of theCollege of DuPage is 425 Fawell Boulevard Glen Ellyn, Illinois 60637. Presscoveragesupplied.November 2018: Reader, 2018 Veteran's Day Read-In, College of DuPage, GlenEllyn, Illinois. Notes supplied.October 10, 2018: Speaker, College of DuPage Paralegal Club, College ofDuPage, Glen Ellyn, Illinois. At the Paralegal Club's regular meeting, I spoke toparalegal students about my role as the College's General Counsel and theeffective use of paralegals in the provision of legal services. I have no notes,transcript, or recording. The address of the event was College of DuPage, 425Fawell Boulevard Glen Ellyn, Illinois 60637.September 21, 2018: Speaker, 200th Anniversary of the Illinois Judicial Branch,College of DuPage, Glen Ellyn, Illinois. Recording available at https: //www.youtube.com/ watch?v uFm5v7rmtzs.7

February 7, 2018: Reader, 2018 African-American Read-In, College of DuPage,Glen Ellyn, Illinois. Recording available at https://dc.cod.edu/aari/2018/schedule/11/.November 2017: Reader, 2017 Veteran's Day Read-In, College of DuPage, GlenEllyn, Illinois. Notes supplied.September 2015: Panelist, "Investigating and Prosecuting Terror-FinancingCrimes," U.S. Department of Justice presentation to the Royal Thai Police,Bangkok, Thailand. I presented a case study concerning a prosecution ofindividuals associated with the Holy Land Foundation. I have no notes, transcript,or recording. The address of the U.S. Department of Justice is 950 PennsylvaniaAvenue NW, Washington, DC 20530.e. List all interviews you have given to newspapers, magazines or otherpublications, or radio or television stations, providing the dates of theseinterviews and copies of the clips or transcripts of these interviews where they areavailable to you.Video, "Chicago Jailbreak," American Greed, September 15, 2016. Copysupplied.13. Judicial Office: State chronologically any judicial offices you have held, includingpositions as an administrative law judge, whether such position was elected or appointed,and a description of the jurisdiction of each such court.I have not held judicial office.a. Approximately how many cases have you presided over that have gone to verdictor judgment?1.Of these, approximately what percent were:jury trials:bench trials:civil proceedings:criminal proceedings:%% [total 100%]%% [total 100%]b. Provide citations for all opinions you have written, including concurrences anddissents.c. For each of the 10 most significant cases over which you presided, provide: (1) acapsule summary of the nature the case; (2) the outcome of the case; (3) the nameand contact information for counsel who had a significant role in the trial of thecase; and (3) the citation of the case (if reported) or the docket number and a copyof the opinion or judgment (if not reported).8

d. For each of the 10 most significant opinions you have written, provide: (1)citations for those decisions that were published; (2) a copy of those decisions thatwere not published; and (3) the names and contact information for the attorneyswho played a significant role in the case.e. Provide a list of all cases in which certiorari was requested or granted.f.Provide a brief summary of and citations for all of your opinions where yourdecisions were reversed by a reviewing court or where your judgment wasaffirmed with significant criticism of your substantive or procedural rulings. Ifany of the opinions listed were not officially reported, provide copies of theop11110ns.g. Provide a description of the number and percentage of your decisions in whichyou issued an unpublished opinion and the manner in which those unpublishedopinions are filed and/or stored.h. Provide citations for significant opinions on federal or state constitutional issues,together with the citation to appellate court rulings on such opinions. If any of theopinions listed were not officially reported, provide copies of the opinions.1.Provide citations to all cases in which you sat by designation on a federal court ofappeals, including a brief summary of any opinions you authored, whethermajority, dissenting, or concurring, and any dissenting opinions you joined.14. Recusal: If you are or have been a judge, identify the basis by which you have assessedthe necessity or propriety ofrecusal (If your court employs an "automatic" recusal systemby which you may be recused without your knowledge, please include a generaldescription of that system.) Provide a list of any cases, motions or matters that have comebefore you in which a litigant or patty has requested that you recuse yourself due to anasserted conflict of interest or in which you have recused yourself sua sponte. Identifyeach such case, and for each provide the following information:I have not held judicial office.a. whether your recusal was requested by a motion or other suggestion by a litigant ora party to the proceeding or by any other person or interested party; or if yourecused yourself sua sponte;b. a brief description of the asserted conflict of interest or other ground for recusal;c. the procedure you followed in determining whether or not to recuse yourself;d. your reason for recusing or declining to recuse yourself, including any action takento remove the real, apparent or asserted conflict of interest or to cure any otherground for recusal.9

15. Public Office, Political Activities and Affiliations:a. List chronologically any public offices you have held, including the terms ofservice and whether such positions were elected or appointed. If appointed, pleaseinclude the name of the individual who appointed you. Also, state chronologicallyany unsuccessful candidacies you have had for elective office or unsuccessfulnominations for appointed office.·I have not held public office. I have had no unsuccessful candidacies for publicoffice or unsuccessful nominations for appointed office.b.List all memberships and offices held in and services rendered, whethercompensated or not, to any political party or election committee. If you have everheld a position or played a role in a political campaign, identify the particulars ofthe campaign, including the candidate, dates of the campaign, your title andresponsibilities.None.16. Legal Career: Answer each part separately.a. Describe chronologically your law practice and legal experience after graduationfrom law school including:1.whether you served as clerk to a judge, and if so, the name of the judge,the court and the dates of the period you were a clerk;From 2004 to 2005, I served as a judicial law clerk to the Hon. William H.Pryor Jr. of the United States Court of Appeals for the Eleventh Circuit.ii. whether you practiced alone, and if so, the addresses and dates;I have not practiced law alone.iii. the dates, names and addresses of law firms or offices, companies orgovernmental agencies with which you have been affiliated, and the natureof your affiliation with each;2003 -2004Jenner & Block LLP353 North Clark StreetChicago, Illinois 60654Associate Attorney10

2006-2007Tabet DiVito & Rothstein LLC209 South LaSalle Street, 7th FloorChicago, Illinois 60604Associate Attorney2005 - 2006; 2007 - 2009Winston & Strawn LLP35 West Wacker DriveChicago, Illinois 60601Associate Attorney2009-2016United States Department of JusticeOffice of the United States Attorney for the Northern District of Illinois219 South Dearborn Street, Suite 500Chicago, Illinois 60604Assistant United States Attorney2016-presentCollege of DuPageCommunity College District No. 502425 Fawell BoulevardGlen Ellyn, Illinois 60637General Counsel1v. whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and, if so, a description of the IO most significantmatters with which you were involved in that capacity.No.b. Describe:1.the general character of your law practice and indicate by date when itscharacter has changed over the years;From 2003 to 2004, and again from 2005 to 2009, I worked as a litigatorin private practice, handling both civil and criminal matters. Myresponsibilities increased over time and included occasional courtappearances, as well as participation in discovery responses and draftingof legal pleadings. Moreover, for approximately 7 months in 2008, I wasseconded to a client as an additional in-house counsel, where myresponsibilities included contract review, consultations with businessunits, and the negotiation and closing of the purchase of a business locatedin New Zealand.11

From 2009 to 2016, I served as a federal prosecutor in the U.S. Attorney'sOffice for the Northern District of Illinois. I was the lead attorney indozens of criminal prosecutions and investigations, including casesrelating to the offenses of terrorism, mail and wire fraud, childexploitation, controlled substance offenses, tax fraud, immigrationoffenses, violent crimes, weapons offenses, public benefit fraud, andhealth care fraud. I was also the principal attorney for the government inover a dozen criminal appeals and post-conviction proceedings.From 2016 to the present, I have served as the General Counsel at thelargest community college in Illinois, and the second-largest institution ofhigher learning in Illinois. In that capacity, my portfolio includes a widerange of legal issues, including such topics as contract drafting, review,and interpretation, internal investigations, labor and employment,procurement, board governance and open-government matters (includingFOIA and Open Meetings Act issues), litigation, student matters,discrimination allegations, education regulations and accreditation, andgeneral counseling, among many others.11.your typical clients and the areas at each period of your legal career, ifany, in which you have specialized.From 2003 to 2004 and again from 2005 to 2009, I represented primarilylarge institutional clients in private practice. My practice ranged across abroad spectrum of legal issues.From 2009 to 2016, I represented the United States as a federal prosecutor.I had a predominantly criminal trial-level and appellate practice.From 2016 to present, I have represented the College of DuPage as itsGeneral Counsel. I represent the College in widely varied matters, and Ialso select and oversee the work of outside legal services providers.c. Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently, occasionally, or not at all. If the frequency ofyour appearances in court varied, describe such variance, providing dates.From 2003 to 2004 and 2005 to 2009, my private practice was almost exclusivelyin litigation. I appeared in court occasionally to argue motions, discuss the statusof cases, support other lawyers on the team, and on two occasions, to argue beforethe United States Court of Appeals. ·From 2009 to 2016, my practice was exclusively in litigation on behalf of theUnited States. I appeared in court very frequently to present and argue motions,discuss the status of cases, present sentencing arguments, conduct evidentiaryhearings and trials, and argue orally before the Court of Appeals.12

From 2016 to present, my practice has shifted toward oversight oflitigation. Itypically do not appear in conrt, but I retain oversight of litigation conducted onbehalf of the College by outside law firms. I participate in devising strategy,preparing pleadings, interviewing witnesses, and addressing discovery matters.1.Indicate the percentage of your practice in:85%10%2. state courts ofrecord:3%3. other courts:4. administrative agencies: 2%I. federal courts:11.Indicate the percentage of your practice in:I. civil proceedings:2. criminal proceedings:45%55%d. State the number of cases in courts of record, including cases beforeadministrative law judges, you tried to verdict, judgment or final decision (ratherthan settled), indicating whether you were sole counsel, chief counsel, or associatecounsel.I have tried eight criminal cases to verdict, judgment, or final decision. I was cocounsel in each of these trials.1.What percentage of these trials were:1. jury:2. non-jury:85%15%e. Describe your practice, if any, before the Supreme Court of the United States.Supply copies of any briefs, amicus or otherwise, and, if applicable, any oralargument transcripts before the Supreme Court in connection with your practice.I was supporting counsel (not counsel of record) for amici in two cases:Amici Curiae Brief for the States of Florida et al., Riley v. Kennedy, 553 U.S. 406(2008). Copy supplied.Amici Curiae Brief for the Alliance for School Choice et al., Anderson v. Town ofDurham, 549 U.S. I 051 (2006). Copy supplied.17. Litigation: Describe the ten (10) most significant litigated matters which you personallyh,mdled, whether or not you were the attorney of record. Give the citations, if the caseswere reported, and the docket number and date if unreported. Give a capsule summary ofthe substance of each case. Identify the party or parties whom you represented; describe13

in detail the nature of your participation in the litigation and the final disposition of thecase. Also state as to each case:a. the date of representation;b. the name of the court and the name of the judge or judges before whom the casewas litigated; andc. the individual names, addresses, and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties.I. United States v. Hasan Edmonds, 15 CR 149 (N.D. Ill.) (Lee, J.) (March 2015 toOctober 2017).I represented the United States in this criminal prosecution arising from thedefendant's provision of material support to a terrorist organization, namely, ISIS.Defendant, a member of the Illinois National Guard, pleaded guilty to a scheme inwhich he plotted for his cousin to attack a National Guard post in Joliet, Illinois, andfor himself to travel to Syria to fight on behalf of ISIS. Following a sentencinghearing in which I participated as the lead attorney for the government, the courtsentenced defendant to 360 months of imprisonment.Co-Counsel:Barry JonasAssistant United States AttorneyOffice of the United States Attorneyfor the Northern District of Illinois219 S. Dearborn StreetSuite 500Chicago, Illinois 60604(312) 886-8027Counsel for Defendant:Paul FlynnFederal Defender Program55 East Monroe Street, Suite 2800Chicago, Illinois 60603(312) 621-83002. Nogoy v. Hospira, Inc., Docket No. 05 L 5915 (Circuit Court of Cook County,Illinois); Hospira, Inc. v. The BOC Group, Inc., Docket No. 05 L 681, Circuit Courtof Lake County, Illinois) (pending in 2005 and 2006) (Hall, J.).These civil cases related to personal and business injuries suffered following anexplosion at a pharmaceutical plant building leased by third-party AbbottLaboratories, which is the entity I helped to represent. In summary, the allegations14

were that an industrial freeze-dryer was defectively designed and maintained,resulting in the explosion that critically injured a security guard. The cases weresettled with no admissions of liability. As an associate attorney, I participatedextensively in briefing contested issues, court hearings, expert witness reportpreparation, depositions, and trial preparation.Co-Counsel:Christopher D. LiguoriTabet DiVito & Rothstein LLCThe Rookery Building209 South LaSalle Street, 7th FloorChicago, Illinois 60604(312) 762-9458Opposing counsel:Martin G. DurkinHolland & Knight, LLP131 South Dearborn Street, Suite 3000Chicago, Illinois 60603(312) 578-65743. O'Ke ffe's v. Technical Glass Products, et al., 07-CV-3535 (N.D. Cal.) (Fogel, J.)(July 2007 to July 2009).I represented third-party defendant Underwriters Laboratories ("UL") in this civilcase presenting various intellectual property and business tort claims. UL moved todismiss the complaint against it for lack of subject matter jurisdiction, impropervenue, and failure to state a claim upon which relief may be granted. The Courtdismissed UL with prejudice from the action. It declined to exercise supplementaljurisdiction over the claims against UL because none was so related to the federalpatent and trademark claims at issue as to form part of the same case or controversy,and it agreed with UL that a forum-selection clause rendered the Northern District ofCalifornia an improper venue for the plaintiff's claims.Co-Counsel:Kimball R. AndersonWinston & Strawn LLP35 West Wacker DriveChicago, Illinois 60601(312) 558-585815

Opposing counsel:Daniel T. BernhardFreeland Cooper & Foreman LLP150 Spear Street, Suite 1800San Francisco, California 94105(415) 541-02004. United States v. Edgar Hernandez, l OCR 143 (N.D. Ill.) (Der-Yeghiayan, J.) (Feb.2010 to May 2016).I represented the United States in this prosecution related to the defendant's allegedmanufacturing and possession of images of child pornography. Following thedefendant's flight to Mexico after his criminal conduct was discovered in December2009, I was the lead attorney in an extradition proceeding on behalf of the UnitedStates. Defendant agreed to proceed by summary extradition and, on April 30, 2014,pleaded guilty to one count of manufacturing child pornography and one count ofpossession of child pornography, based upon the filming of his sexual abuse of theseven-year-old victim. On September 11, 2014, Judge Samuel Der-Yeghiayansentenced the defendant to 480 months of imprisonment. Following an uncontestedappeal relating to the manner of the court's imposition of supervised release terms (anappeal that was based upon a then-recent Seventh Circuit decision that affected manysentencing hearings), the defendant was resentenced to 474 months of imprisonment.Defendant again appealed to the Seventh Circuit, but following a motion by hiscounsel to withdraw, the Court of Appeals dismissed the appeal. No further appellateproceedings were held.Opposing counsel:Paul CamarenaNorth & Sedgwick L.L.C.500 South Clinton, Suite 132Chicago, Illinois 60607(312) 493-74945. United States v. John C. Vastis, No. 14 CR 486 (Tharp, J.) (Aug. 2014 to Oct. 2016).I represented the United States in this prosecution related to the defendant's onlineinducement of a minor child to make pornographic images of himself. HomelandSecurity Investigations identified the defendant in the course of another investigation,and following execution of a search warrant, the defendant was charged withmanufacturing pornography. The defendant pleaded guilty to the charge of accessingwith intent to view child pornography, but I departed the United States Attorney'sOffice before his sentencing. The Court later sentenced the defendant to 156 monthsof imprisonment.16

Opposing counsel:Thomas Anthony DurkinDurkin & Roberts2446 North Clark StreetCh

Member, Board of Directors 2016 - 2017 Elmhurst Symphony Orchestra P.O. Box 345 Elmhurst, Illinois 60126 Member, Board of Directors 2007-2009 Ameriface Post Office Box 7 51112 Las Vegas, Nevada 89136 Member, Board of Directors 2007 - present St. Peter's United Church of Christ 125 West Church Street Elmhurst, Illinois 60126