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JANE F. BARRETT - University of Maryland School of Law

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PROFESSIONAL EXPERIENCE<br />

<strong>University</strong> <strong>of</strong> <strong>Maryland</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />

<strong>JANE</strong> F. <strong>BARRETT</strong><br />

<strong>University</strong> <strong>of</strong> <strong>Maryland</strong> Francis King Carey <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />

500 West Baltimore Street<br />

Baltimore, MD 21201-1786<br />

2007 to Present - Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />

Director, Environmental <strong>Law</strong> Clinic<br />

The Environmental <strong>Law</strong> Clinic at the <strong>University</strong> <strong>of</strong> <strong>Maryland</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> provides pro bono legal<br />

services to environmental organizations, community organizations and other clients concerned about<br />

environmental problems in <strong>Maryland</strong>, as well as issues <strong>of</strong> national significance that affect the State’s<br />

permitting, counseling, and negotiation.<br />

Second and Third Year law students learn civil and administrative procedure, as well as substantive law,<br />

by representing clients on specific cases. Currently, the Clinic’s clients include each <strong>of</strong> the eleven local<br />

Riverkeeper and Waterkeeper organizations operating in <strong>Maryland</strong>, as well as an historic African-<br />

American community in Prince George’s County that is fighting the construction <strong>of</strong> a new industrial<br />

operation in its community.<br />

Blank Rome LLP - Washington, DC<br />

July 2007 to April 2010 - Of Counsel<br />

Partner and Chair, White Collar, Internal & Government Investigations Practice Group (2003–2006)<br />

Chair, Chemical Industry Team (2006–2007)<br />

Dyer Ellis & Joseph - Washington, DC<br />

Shareholder and Head, White Collar & Corporate Defense Practice (1998–2003)<br />

Member, Board <strong>of</strong> Directors (1999–2003)<br />

The firm merged with Blank Rome LLP in January 2003<br />

Upon joining Dyer, Ellis & Joseph in 1998, Ms. Barrett helped develop the firm’s White Collar Practice<br />

Group. The Practice was built on a foundation <strong>of</strong> environmental and maritime cases and grew to<br />

become a comprehensive national white collar practice within three years. As a member <strong>of</strong> the Board<br />

<strong>of</strong> Directors, she was one <strong>of</strong> five shareholders (and the only woman) overseeing the development <strong>of</strong> a<br />

well known and growing international firm that focused on legislative, regulatory and litigation matters,<br />

with a particular emphasis on maritime and environmental matters.<br />

After the merger with Blank Rome in 2003, she continued to build and expand the Practice while<br />

maintaining a full client caseload. As Chair <strong>of</strong> Blank Rome’s White Collar, Internal & Government<br />

Investigations Practice Group, Ms. Barrett coordinated the work <strong>of</strong> over 20 lawyers in New York,<br />

Philadelphia and Washington, D.C. and was responsible for the supervision and mentoring <strong>of</strong> associates.<br />

During this time period she also served as member <strong>of</strong> Blank Rome’s Partner Board.<br />

While in private practice at Dyer Ellis and Blank Rome, her practice focused on complex civil and<br />

criminal litigation, corporate internal investigations and corporate compliance systems. She represented<br />

companies and individuals in a variety <strong>of</strong> criminal investigations, including securities fraud,


Jane F. Barrett<br />

Page 2<br />

environmental crime, bribery, racketeering, kickbacks, health care fraud and government contract and<br />

program fraud. Representative engagements include:<br />

� Represented Executive Vice-President for Purchasing <strong>of</strong> U.S. Foodservices in a federal<br />

prosecution <strong>of</strong> Sarbanes-Oxley violations and securities fraud;<br />

� Represented senior managers <strong>of</strong> Enron during multi-year investigation <strong>of</strong> fraud and securities<br />

violations;<br />

� Represented Gauntanamo Bay detainee, Othman v. Bush, et.al., Civ. Action No. 05-CV-2088<br />

(RWR);<br />

� Represented the CFO <strong>of</strong> Collins & Aikman in connection with securities fraud investigation;<br />

� Represented multinational oil and gas company in criminal case alleging violations <strong>of</strong> the Clean<br />

Air Act, the Clean Water Act and CERCLA, United States v. Koch Industries, Inc., Crim No.<br />

C-00-325, Southern District <strong>of</strong> Texas;<br />

� Represented various maritime clients in connection with civil and criminal violations relating to<br />

violations <strong>of</strong> the Clean Water Act, the Clean Air Act, Oil Pollution Act <strong>of</strong> 1990 and the Act to<br />

Prevent Pollution from Ships (APPS);<br />

� Represented oil and gas pipeline company in connection with alleged civil and criminal<br />

violations <strong>of</strong> the Comprehensive Environmental Response, Compensation and Liability Act and<br />

the Hazardous Liquid Pipeline Act.<br />

In addition to litigation, a substantial portion <strong>of</strong> her practice involved corporate internal investigations<br />

and providing advice and counsel to clients on the development and implementation <strong>of</strong> corporate<br />

compliance programs and the implementation <strong>of</strong> new legislative requirements. This included advising<br />

on the effective use <strong>of</strong> audits, federal and state environmental self-disclosure programs, and maritime<br />

and chemical facility security requirements. She also work closely with Blank Rome’s Government<br />

Relations group to track, analyze and advise clients on proposed and new federal legislation involving<br />

environmental and white collar issues.<br />

Assistant United States Attorney, District <strong>of</strong> <strong>Maryland</strong>, Baltimore, MD<br />

September 1986 - December 1997<br />

Chief, Environmental Litigation (Nov. 1993-Dec. 1997)<br />

Responsible for oversight and supervision <strong>of</strong> environmental litigation within the District <strong>of</strong> <strong>Maryland</strong>.<br />

Included supervision <strong>of</strong> three Assistant United States Attorneys and corresponding support staff while<br />

maintaining an active caseload. Additional responsibilities included the coordination and supervision <strong>of</strong><br />

<strong>University</strong> <strong>of</strong> <strong>Maryland</strong> <strong>Law</strong> <strong>School</strong> students who, as part <strong>of</strong> the <strong>University</strong>’s Environmental <strong>Law</strong> Clinic<br />

and Externship programs, were assigned to work in the United States Attorney’s <strong>of</strong>fice.<br />

Responsible for organization and coordination <strong>of</strong> the activities <strong>of</strong> three Environmental Crimes Task<br />

Forces in various counties in <strong>Maryland</strong>. This involved frequent meetings with federal, state and local<br />

environmental regulators, and with the myriad law enforcement agencies involved in environmental<br />

criminal enforcement, as well as the development <strong>of</strong> various training programs.<br />

Trial Attorney (Sept. 1986 - Dec. 1997)<br />

Responsible for handling all aspects <strong>of</strong> the prosecution <strong>of</strong> criminal cases from the beginning <strong>of</strong><br />

investigations through grand jury, pretrial preparation, trial and sentencing. Criminal cases included a<br />

range <strong>of</strong> cases from bank robberies, narcotics and simple fraud cases to complicated environmental,<br />

public corruption and white collar fraud cases. Civil cases include federal tort actions, Title VII and<br />

civil environmental cases. Successfully briefed and argued numerous cases before the Fourth Circuit<br />

Court <strong>of</strong> Appeals and was trial counsel in approximately 25 criminal jury trials, including ten<br />

environmental criminal trials.


Jane F. Barrett<br />

Page 3<br />

Representative cases for which she was lead counsel while in the United States Attorney’s Office<br />

include:<br />

United States v. Kerry L. Ellis, Sr. et. al. (1997): Lead Counsel in three week criminal jury trial<br />

in which the defendants were convicted <strong>of</strong> felony violations <strong>of</strong> the Clean Air Act, the Clean Water Act<br />

and False Claims Act resulting from shipbreaking <strong>of</strong> the former U.S.S. Coral Sea and other U.S. Navy<br />

vessels.<br />

United States v. Harold Johnson, et. al. (1994): Lead Counsel in five week criminal jury trial in<br />

which all six defendants were convicted <strong>of</strong> conspiracy to commit mail fraud and substantive mail fraud<br />

counts in a sophisticated billing fraud scheme involving the solid waste industry. The conspiracy<br />

encompassed activities at six Division <strong>of</strong>fices <strong>of</strong> Eastern Waste Industries over a six year time period.<br />

Case involved approximately 40 witnesses and over four hundred exhibits.<br />

United States v. James Weston, No. 91-5359, 1992 U.S. App. LEXIS 9061: Lead Counsel in<br />

three week criminal jury trial in which the defendant, a U.S. Navy Captain, was convicted <strong>of</strong><br />

conspiracy, accepting gratuities and obstruction <strong>of</strong> justice in connection with construction contracts he<br />

awarded in exchange for gifts received from contractors while he was the Public Works Officer at the<br />

United States Naval Academy.<br />

United States v. William Ellen, 961 F.2d 462 (4th Cir. 1992): Lead Counsel in five week<br />

criminal jury trial in which the defendant was convicted <strong>of</strong> felony violations <strong>of</strong> the Clean Water Act as a<br />

result <strong>of</strong> the unpermitted filling <strong>of</strong> wetlands.<br />

United States v. George Schnabel, 939 F.2d 197 (4th Cir. 1991): Second chair in three week<br />

criminal jury trial in which the defendant was convicted <strong>of</strong> mail fraud in connection with a sophisticated<br />

massive mortgage fraud scheme involving First American Mortgage Company (FAMCO). I was lead<br />

counsel in the investigation into Clott and FAMCO which resulted in a guilty plea by Michael Clott and<br />

other executives.<br />

United States v. William Dee, et. al., 912 F.2d 741 (4th Cir. 1990): Lead Counsel in seven<br />

week criminal jury trial in which all three defendants, high ranking civilian employees at the United<br />

States Army’s Aberdeen Proving Ground Chemical Weapons Research facility, were convicted <strong>of</strong><br />

felony violations <strong>of</strong> the Resource Conservation and Recovery Act.<br />

United States v. Arthur Strissel, Jr., 920 F.2d 1162 (4th Cir. 1990): Second chair in a six week<br />

criminal jury trial in which the defendant, the former Executive Director <strong>of</strong> the Annapolis Housing<br />

Authority, was convicted <strong>of</strong> RICO and substantive bribery counts in connection with his having<br />

awarded construction contracts in exchange for gifts and cash. The jury also returned a forfeiture<br />

verdict against the defendant.<br />

Assistant Attorney General, Baltimore, MD<br />

July 1981 - September 1986<br />

Hazardous Waste Strike Force / Environmental Crimes Unit<br />

Attorney General’s Office, State <strong>of</strong> <strong>Maryland</strong><br />

Responsible for developing and supervising the prosecution <strong>of</strong> criminal violations <strong>of</strong> State<br />

environmental laws. Trial counsel in four criminal jury trials and numerous evidentiary hearings before<br />

State Hearing Examiners. Reviewed regulations, legislation and administrative orders for legal<br />

sufficiency and provided legal advice to State environmental regulators.


Jane F. Barrett<br />

Page 4<br />

Developed comprehensive training programs for State environmental pr<strong>of</strong>essionals. Topics included<br />

overview <strong>of</strong> environmental laws, chain <strong>of</strong> custody and evidence preservation, report writing, and the<br />

role <strong>of</strong> experts in administrative and court proceedings.<br />

U.S. Environmental Protection Agency, Washington, DC<br />

Attorney-Advisor, Office <strong>of</strong> Water Enforcement<br />

October 1976 - June 1981<br />

Responsible for providing legal guidance and litigation support to EPA Regional <strong>of</strong>fices. Between 1977<br />

and 1981, periodic details as Special Assistant United States Attorney in the Southern District <strong>of</strong> West<br />

Virginia and the Eastern District <strong>of</strong> Pennsylvania as part <strong>of</strong> prosecution team investigating<br />

environmental violations at a major chemical corporation.<br />

BAR ADMISSIONS<br />

Admitted to practice in the State <strong>of</strong> <strong>Maryland</strong> and the District <strong>of</strong> Columbia<br />

Admitted to practice before the Federal District Court for the District <strong>of</strong> <strong>Maryland</strong>, Federal District<br />

Court for the District <strong>of</strong> Columbia, the Fourth Circuit Court <strong>of</strong> Appeals, and the Fifth Circuit Court <strong>of</strong><br />

Appeals<br />

EDUCATION<br />

<strong>University</strong> <strong>of</strong> <strong>Maryland</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>, Baltimore, <strong>Maryland</strong><br />

J.D., May 1976<br />

Loyola College, Baltimore, <strong>Maryland</strong><br />

B.A., Political Science, May 1973<br />

PUBLICATIONS<br />

� When Business Conduct Turns Violent: Bringing BP, Massey and Other Sc<strong>of</strong>flaws to Justice, 48 Am.<br />

Crim. L. Rev. (forthcoming 2011)<br />

� Co-Author, Chapter 2, “Environmental Criminal Enforcement,” Environmental Litigation: <strong>Law</strong> and<br />

Strategy, ABA Section <strong>of</strong> Environment, Energy and Resources, 2009<br />

� Chapter, Challenges in the Post-Sarbanes-Oxley Era, Inside the Minds: The New Perils <strong>of</strong> White<br />

Collar Crime, Leading <strong>Law</strong>yers on Mitigating Liability in a Post-Sarbanes-Oxley Era,” Aspatore<br />

Books, April 2006<br />

� Co-author, Another Federal Court <strong>of</strong> Appeals Finds Simple Negligence Suficient for Criminal Liability<br />

Under the Clean Water Act, December 2005<br />

� Co-author, “Challenging the Government’s Expert Witness, NACDL 2005 Spring Meeting & Seminar –<br />

Warriors for the Defense: Battle Lessons Learned from the Masters <strong>of</strong> Trial, April 2005<br />

� The Environmental Crimes Case – From Pretrial Proceedings to Sentencing Guidelines, ABA’s<br />

Criminal Justice Section, Section <strong>of</strong> Environment, Energy, and Resources (October 2004)<br />

� Co-author, What Can Seafarers Learn from Martha Stewart?: Lessons from the Staten Island Ferry and<br />

Other Recent Incidents, MarineLog Conference, Wash., DC, September 2004<br />

� Traps for the Unwary, Linkage Magazine, Contract Services Association <strong>of</strong> America, June 2004


Jane F. Barrett<br />

Page 5<br />

� Co-author, Criminal Environmental Prosecutions and the Maritime Industry – A World-Wide Trend,<br />

BIMCO Review, 2004<br />

� Co-author, Corporate Probation – What Happens After the Plea, 18 th National Institute on White Collar<br />

Crime, March 2004<br />

� Failure To Train Employees – Now a Federal Crime, Occupational Safety and Health Magazine,<br />

November 2003<br />

� Whistleblowers and Sarbanes-Oxley – A Troubling Combination, American Conference Institute<br />

Internal Investigations Conference, NYC, May 2003<br />

� FATF Gatekeeper Initiative and the Canadian Response , 17 th Annual National Institute on White<br />

Collar Crime, March 6-7, 2003<br />

� Sixteen Mariners Charged with Environmental Crimes During First Eight Months <strong>of</strong> 2002 and More<br />

Charges are Expected: What’s Wrong with this Picture?, MarineLog Maritime Legislation, Regulatio &<br />

Policy Conference, September 2002<br />

� Co-author, Security Initiatives May Have Broader Impact Than Expected, Trends, ABA Section <strong>of</strong><br />

Environment, Energy, and Resources Newsletter, Volume 34, Number 2, November/December 2002<br />

� The Development <strong>of</strong> Environmental Criminal Prosecutions, The Environmental Crimes Case – From<br />

Pretrial Proceedings to Sentencing Guidelines, ABA’s Criminal Justice Section, Section <strong>of</strong><br />

Environment, Energy, and Resources (1999)<br />

� US Environmental Criminal <strong>Law</strong>s & The Maritime Industry, Bimco Bulletin, Volume 93, Number 2,<br />

Pages 48-51, April 1998<br />

� Green Collar’ Criminals: Why Should They Receive Special Treatment?, <strong>Maryland</strong> Journal <strong>of</strong><br />

Contemporary Legal Issues, Environmental Liability, Volume 8, Issue 1, 1996-97<br />

� Sentencing Environmental Crimes Under the United States Sentencing Guidelines – A Sentencing<br />

Lottery, Northwestern <strong>School</strong> <strong>of</strong> <strong>Law</strong> <strong>of</strong> Lewis and Clark College, Environmental <strong>Law</strong>, Volume 22,<br />

1992<br />

� Co-author, Perspectives on the Knowledge Requirement <strong>of</strong> Section 6928(d) <strong>of</strong> RCRA After United States<br />

v. Dee, 59 GW LR 862 (1991)<br />

PROFESSIONAL ACTIVITIES & ORGANIZATIONS<br />

Memberships American Bar Association; Federal Bar Association - District <strong>of</strong><br />

<strong>Maryland</strong>; National Association <strong>of</strong> Woman <strong>Law</strong>yers; Women in<br />

Federal <strong>Law</strong> Enforcement; Center for International Legal Studies;<br />

Women’s International Shipping & Trading Association; American<br />

Association <strong>of</strong> <strong>Law</strong> <strong>School</strong>s<br />

2007 - Present<br />

2007 - Present<br />

2002 - 2005<br />

Member, Advisory Board, BNA White Collar Crime Reporter<br />

Member, <strong>Maryland</strong> Attorney General’s Advisory Council for the<br />

Environment<br />

Federal Bar Association <strong>of</strong> <strong>Maryland</strong>, Board <strong>of</strong> Governors<br />

2002 - 2011 Member, ABA Task Force on Gatekeeper Regulation & The<br />

Pr<strong>of</strong>ession


Jane F. Barrett<br />

Page 6<br />

AWARDS<br />

2001 - 2004 Member, ABA Standing Committee on Environmental <strong>Law</strong><br />

1999 - 2001 Chair, ABA Section <strong>of</strong> Environment, Energy and Resources,<br />

Environmental Crimes & Enforcement Committee<br />

1995 - 1998 Vice-Chair, ABA Section <strong>of</strong> Environment, Energy and Resources,<br />

Environmental Crimes & Enforcement Committee<br />

1998 - 1999 Maritime <strong>Law</strong> Association, Committee on Criminal <strong>Law</strong> an<br />

Procedure, Subcommittee on Environmental Crime<br />

Spring 1996 - 1997 Federal Criminal Practice Working Group, Federal Bar Association,<br />

District <strong>of</strong> <strong>Maryland</strong><br />

January 1995 - 1997 Department <strong>of</strong> Justice Environmental Crimes Policy Committee<br />

March 1992 - November 1993 Member, Advisory Working Group on Environmental Sanctions,<br />

United States Sentencing Commission<br />

August 1990 - 1997 Adjunct faculty member, <strong>University</strong> <strong>of</strong> <strong>Maryland</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />

May 2010 Clinical Legal Education Association Outstanding Advocate Award for<br />

2009-2010<br />

April 1998 U.S. Department <strong>of</strong> Army Commander’s Award for Civilian Service for<br />

Commitment to Enforcement <strong>of</strong> Environmental <strong>Law</strong>s<br />

April 1997 U.S. EPA Bronze Medal for Commendable Service<br />

March 1997 U.S. Attorney’s Office Barney Skolnik Award for Prosecutorial Excellence<br />

July 1992 U.S. Department <strong>of</strong> Justice Director’s Award for Superior Performance<br />

May 1989 U.S. Department <strong>of</strong> Justice Special Achievement Award for the Dee case (first<br />

prosecution <strong>of</strong> Department <strong>of</strong> Defense senior managers for environmental<br />

crimes)<br />

June 1984 Exceptional Service Award, Office <strong>of</strong> the Attorney General, State <strong>of</strong> <strong>Maryland</strong><br />

REPORTED CASES<br />

In re Grand Jury Subpoena, 220 F.3d 406 (5 th Cir. 2000)<br />

United States v. Deblasio, 1998 U.S. App. LEXIS 1691 (4 th Cir. 1998)<br />

United States v. Wilson, 133 F.3d 251 (4 th Cir. 1997)<br />

United States v. Johnson, 1996 U.S. App. LEXIS 14849 (4 th Cir. 1996)<br />

Bellamy v. Dalton, 1996 U.S. App. LEXIS 819 (4 th Cir. 1996)<br />

In re Grand Jury Proceedings, 33 F.3d 342 (4 th Cir. 1994)<br />

United States v. Strandquist, 993 F.2d 395 (4 th Cir. 1993)


Jane F. Barrett<br />

Page 7<br />

Hatford Assoc. v. United States, 981 F.2d 1247 (3 rd Cir. 1992)<br />

United States v. Weston, 1992 U.S. App. LEXIS 9061 (4 th Cir. 1992)<br />

United States v. Ellen, 961 F.2d 462 (4 th Cir. 1992)<br />

United States v. Akinkoutu, 1992 U.S. App. LEXIS 2223 (4 th Cir. 1992)<br />

Hartford Assoc. v. United States, 792 F.Supp. 358 (D. N.J. 1992)<br />

United States v. Schnabel, 939 F.2d 197 (4 th Cir. 1991)<br />

Kuerer v. Sullivan, 1991 U.S. App. LEXIS 5711 (4 th Cir. 1991)<br />

Mulberry Hills Dev. Corp. v. United States, 772 F.Supp. 1553 (D. Md. 1991)<br />

United States v. Dee, 912 F.2d 741 (4 th Cir. 1990)<br />

United States v. Strissel, 920 F.2d 1162 (4 th Cir. 1990)<br />

Kuerer v. Sullivan, 887 F.2d 1080 (4 th Cir. 1989)<br />

United States v. Perra, 842 F.2d 73 (4 th Cir. 1988)<br />

Metz v. USPS, 836 F.2d 1342 (4 th Cir. 1988)<br />

In re Grand Jury Proceedings, 604 F.2d 798 (3rd Cir. 1979)

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