Proposal to Serve as the Independent Monitor of the Cleveland Division of Police July 8, 2015 Martin & Gitner, PLLC 2121 K St. NW Washington, DC 20037 202 331-2121 www.martingitnerlaw.com KROLL 600 Third Avenue, 4th Floor New York, N.Y. 10016 www.kroll.com Table of Contents I. II. III. IV. V. VI. VII. VIII. IX. Executive Summary ……………………………………………... Personnel………………………………………………….………. Qualifications…………………….………………………………. Prior Experiences and References……………………………… Proposed Activities………………………………………………. Potential Conflicts of Interest or Bias…………………………. Estimated Costs…………………………………………………… Core Team Biographies………………………………………….. Appendix A i 1 3 11 21 31 35 37 39 I. Executive Summary This Proposal to serve as the Independent Monitor for the Cleveland Division of Police (“CDP”) is submitted to the United States Department of Justice (“DOJ”) and the City of Cleveland (“the City”) by a committed team of professionals led by the seasoned attorneys of the investigation and litigation law firm of Martin & Gitner, PLLC, and the world renowned intelligence, investigations and advisory services firm Kroll. Both entities and each member of the Monitoring Team have proven experience in, and share a deep commitment to, ensuring the institutional integrity of law enforcement agencies, and promoting the principle of effective partnerships between communities and the police who serve them. In the role of Monitor, this team will seek to serve the interests of the Court, the parties and the public through our commitment to those principles of integrity and partnership. Our Monitoring Team will be led by Billy Martin of Martin & Gitner. Mr. Martin is uniquely qualified to lead the monitorship of the CDP. Mr. Martin began his career as a local prosecutor for the City of Cincinnati before serving as an Assistant U.S. Attorney for the Southern District of Ohio, where he managed the Dayton Branch of that office. He later served as a Senior Trial Attorney for the Department of Justice in San Francisco and Executive Assistant U.S. Attorney in the District of Columbia, where he investigated and supervised numerous allegations of excessive use of force and other misconduct by officers of the D.C. Metropolitan Police Department. After entering private practice, Mr. Martin was retained by the City of Cincinnati to investigate an alleged pattern and practice of excessive use of force by the Cincinnati Police Department and to supervise a comprehensive review of all major police department policies, including use of force and training. Mr. Martin participated in the selection of an Independent Monitor for the Cincinnati Police Department, and worked closely with the Monitor in carrying out necessary reforms. In addition to representing the City of Cincinnati, Mr. Martin’s practice has included working with police unions and representing numerous law enforcement officers accused of misconduct, as well as representing defendants in a wide variety of criminal matters. As an active member of the Ohio state bar, Mr. Martin has also represented clients in Cleveland and throughout the state of Ohio. He is fully familiar with the City and its diverse communities. Mr. Martin’s rich and varied experience as a local and federal prosecutor in Ohio and as a lawyer who has both investigated the conduct of police departments for DOJ, and represented a major Ohio City and Police Department under a federal monitor, uniquely prepares him to appreciate and address the issues 1 that are the subject of this monitorship from the perspectives of all of the various stakeholders, including members of the CDP, Cleveland city officials, the Department of Justice and the Cleveland community. Our proposed team supporting Mr. Martin includes seven other former federal prosecutors with extensive integrity monitoring experience of police departments and other large public and private organizations; four former senior police officials including a Chief, Deputy Chief, Captain and Lieutenant; a law professor whose research and writing has focused on community policing and procedure and who previously served as both a senior police officer and a federal prosecutor; and two former Special Agents of the Federal Bureau of Investigation, one of whom also served as the first ever Inspector General of New York State. Members of this team have served on seven monitorships and operational reviews of Police Departments, as well as eighteen other monitorships across a wide range of industry sectors. In addition, our proposed team includes in-house information technology professionals to advise the CDP on data management and to assist the Monitoring Team in analyzing the CDP’s data to assess its implementation of the requirements of the Consent Decree. We also have in-house language specialists covering every language identified in the most recent census report for the Cleveland population. Finally, our team includes members of the Cleveland community serving as both local counsel and as community survey experts to perform the biennial survey projects required by the Consent Decree. In sum, we are confident that our team has the law enforcement, monitoring and technical experience and expertise to “assess and report” on whether the requirements of the Consent Decree have been implemented, and whether the implementation of those requirements has resulted in constitutional and effective policing, professional treatment of all individuals, and increased trust of the CDP by the diverse communities of Cleveland. 2 II. Personnel We describe below the core members of our Monitoring Team and their respective roles. As will be seen, our core team is comprised of seasoned professionals with deep backgrounds in law enforcement, civil rights investigations and integrity monitoring. Beyond these core team members, Kroll will be able to enlist all of the analytical and logistical support necessary from its nationwide (and global) staff as needed. A. Billy Martin – Monitor Billy Martin’s long and distinguished career is rooted in Ohio. After graduating from the University of Cincinnati School of Law, Mr. Martin enjoyed a lengthy and distinguished career as a state and federal prosecutor, beginning as an assistant city prosecutor with the Cincinnati Law Department, later managing the Dayton office of the U.S. Attorney’s Office for the Southern District of Ohio, and concluding as the third ranking member of the U.S. Attorney’s Office for the District of Columbia. In his final government position in D.C., a unique U.S. Attorney’s office that also serves as the local prosecutor for the District, Mr. Martin worked closely with the D.C. Metropolitan Police Department (“MPD”) in many matters, including establishing the first Homicide unit in the prosecutor’s office. At the same time he was working with the MPD, Mr. Martin oversaw an investigation of numerous allegations of excessive use of force and other misconduct by officers of the MPD. After entering private practice, Mr. Martin was retained by the City of Cincinnati when it faced allegations and concerns similar to those involved in the current matter in Cleveland. As outside counsel to the City, Mr. Martin conducted an internal investigation and review of an alleged pattern and practice of excessive use of force by the Cincinnati Police Department. Mr. Martin’s work mirrored the work of the Independent Monitor in that matter and he was responsible for working with the Monitor on behalf of the City. As part of his responsibility in the matter, Mr. Martin was involved in the design and implementation of a collaborative approach to settling the numerous complaints and concerns of specific litigants and the broader community in Cincinnati. Mr. Martin has also worked with both concerned members of communities and police officers and unions in a variety of other matters and frequently speaks on matters of constitutional policing and community access to justice. Mr. Martin is regularly ranked among the top trial attorneys in the nation and has won awards for his service to the community and to principles of diversity in the law. While based in Washington D.C., 3 Mr. Martin regularly returns to Ohio to represent clients and to appear as an invited speaker on panel discussions before attorneys, judges and the community at large. B. Richard Faughnan – Deputy Monitor Richard Faughnan is a Managing Director at Kroll with more than thirty years of litigation and investigative experience. He has led teams monitoring multi-billion dollar government programs and infrastructure projects, as well as corporations in the construction, transportation, stevedoring, information technology and professional services industries. Before becoming a consultant and integrity monitor, Mr. Faughnan was an Assistant U.S. Attorney in the Eastern District of New York for more than thirteen years where he served as Chief of the Public Integrity Section, supervising investigations and prosecutions of public corruption and government fraud. Among other cases, Mr. Faughnan prosecuted police officers involved in the sexual assault of Haitian immigrant Abner Louima for which he received the Director’s Award from the U.S. Attorney General, supervised the prosecution of ten federal prison guards, including a Captain and two Lieutenants, for civil rights violations involving the excessive use of force against inmates, and investigated and prosecuted a wide variety of other cases involving state and federal law enforcement corruption. Mr. Faughnan began his career as an Assistant District Attorney in Brooklyn, New York, where he served as Deputy Chief of the Appeals Bureau. C. Joseph Spinelli – Deputy Monitor Joseph Spinelli is a Senior Managing Director at Kroll and a leading authority on whitecollar crime with more than thirty years of forensic experience. He joined a “Big Four” accounting firm as a principal in 1994, founding its Forensic Practice. During his 12year tenure there, Mr. Spinelli was Office Coordinating Partner for the Northeast and Public Services Industry Leader. Prior to his “Big Four” experience, Mr. Spinelli served for eight years as New York State’s first ever Inspector General where he led fraud, waste, abuse and corruption investigations for all New York State agencies and authorities. While serving as New York Inspector General, Mr. Spinelli provided assistance and advice to the administration of Ohio Governor Richard F. Celeste, who was then establishing Ohio’s own State Inspector General’s Office. Mr. Spinelli also served as Assistant Director of Criminal Justice for the State of New York, with responsibilities for the investigation of criminal complaints and fraud allegations throughout state government. In 1987, Mr. Spinelli co-authored the New York State Internal Control Act. Mr. Spinelli has led numerous teams responsible for monitoring both public agencies and corporations in a variety of industry sectors, including serving 4 as the independent monitor for the demolition and debris removal at the World Trade Center site in the immediate aftermath of the September 11, 2001 attacks. Until recently, Mr. Spinelli served as a Commissioner and Acting Chair of the New York State Public Integrity Commission. Mr. Spinelli spent ten years as a Special Agent with the FBI, where among other matters, he investigated civil rights complaints. D. Daniel Schwager – Deputy Monitor Daniel Schwager of Martin & Gitner began his career as a local prosecutor in the Manhattan District Attorney’s office, where he focused on the investigation and prosecution of law enforcement corruption and abuse. For two years in that role, Mr. Schwager was responsible for reviewing every allegation received by the Internal Affairs Bureau regarding the Manhattan commands of the New York City Police Department. Mr. Schwager then joined the Public Integrity Section of the Criminal Division of the DOJ, where he prosecuted law enforcement corruption, including prosecutions of other federal prosecutors for misconduct related to various judicial proceedings. While at the DOJ, Mr. Schwager taught classes related to internal investigations at the Federal Law Enforcement Training Center, and spoke to international audiences visiting Washington, and abroad, regarding American investigation and prosecution of public corruption. After leaving the DOJ, Mr. Schwager became counsel to the Ethics Committee for the United States Senate, and was then chosen by unanimous vote to serve as the non-partisan Chief Counsel and Staff Director for the bi-partisan Committee on Ethics in the U.S. House of Representatives. Mr. Schwager has also served as a senior counsel in the Enforcement Department of the Financial Industry Regulatory Authority (FINRA) and as an adjunct associate professor of law, teaching legal ethics. E. William Nugent – Legal Expert William Nugent is a Senior Managing Director with Kroll’s Investigations and Disputes Group and head of the Philadelphia office. Mr. Nugent manages a wide variety of complex assignments on behalf of governments, corporations, law firms and individuals, including serving as the independent monitor of the Pennsylvania State Police in the wake of a scandal involving a former trooper’s conviction for sexual assault, the filing of five related federal civil rights lawsuits alleging a widespread pattern of sexual harassment and sexual misconduct in the state police, and extensive media coverage of the allegations contained in those lawsuits. Mr. Nugent also led a review of the North Carolina State Highway Patrol’s policies for hiring, training and promoting troopers after several troopers resigned or were fired for misconduct in 5 various incidents. Prior to joining Kroll, Mr. Nugent served as an Assistant U.S. Attorney in the Eastern District of Pennsylvania for seven years, three of which were with the Organized Crime Strike Force, where he investigated and prosecuted a wide variety of federal criminal cases including economic and violent crimes, racketeering (RICO), money laundering, narcotics trafficking and civil rights violations. F. Mark Ehlers – Legal Expert Mark Ehlers is a managing director in the Philadelphia office of Kroll’s Business Intelligence and Investigations division. Mr. Ehlers has more than 28 years of combined legal, financial and investigative experience in both the public and private sectors. Prior to joining Kroll, Mr. Ehlers served for 18 years as an Assistant United States Attorney, first in the District of Columbia and later in the Eastern District of Pennsylvania. As a prosecutor, he worked in close cooperation with the Metropolitan Police Department (Washington, D.C,), the Uniformed Secret Service, the U.S. Capitol Police, the Philadelphia Police Department, the Pennsylvania State Police, several local suburban police departments, and virtually every federal law enforcement agency. Since joining Kroll, Mr. Ehlers has conducted numerous investigations, best practice reviews, and risk and threat assessments for a diverse array of public and private sector clients, including operational reviews of four police departments: the Delaware River Port Authority Department of Public Safety, North Carolina State Highway Patrol, Borough of Barrington (NJ) Police Department, and Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority Police. G. Jeffrey Cramer – Legal Expert Jeffrey Cramer is a Senior Managing Director and head of Kroll’s Chicago office. He joined Kroll in October 2009 following a distinguished career as an Assistant U.S. Attorney in the Northern District of Illinois, Eastern Division (2000–09). Mr. Cramer has investigated a broad range of cases, including the investigation and prosecution of a former Chicago Police Department Commander for the systematic torture and abuse of suspects. The defendant was later convicted at trial. Mr. Cramer was appointed a Special Assistant State's Attorney for the prosecution of a police officer convicted of murder. He also led Kroll's efforts for the court appointed Special Prosecutor on the investigation and conviction of a defendant where the Chicago Police Department was alleged to have covered-up the matter. Mr. Cramer is a frequent lecturer at international and domestic law enforcement and academic gatherings as well as several law schools. Mr. Cramer has received numerous awards from law enforcement organizations including the Director's Award from the U.S. Attorney General. He has 6 lectured at the International Law Enforcement Academy in Budapest, FBI Academy, and to agents and attorneys at the Securities and Exchange Commission, Secret Service, Department of Health and Human Services (HHS), Department of Homeland Security, and local law enforcement and bar association groups. H. Robert Huff – Law Enforcement Expert Robert Huff is a Managing Director in Kroll’s Compliance Practice. From 2004 to 2006, Mr. Huff was a member of the Kroll independent monitoring team selected to oversee the Los Angeles Police Department’s compliance with a Consent Decree entered into with the DOJ. As a member of the monitoring team, Mr. Huff was responsible for assessing and reporting on the department’s compliance with the Consent Decree, including those sections mandating reforms related to use of force, training, search and arrest procedure, use of confidential informants, initiation of complaints, internal affairs and programs for responding to mental illness. Before he became a consultant, Mr. Huff was a Special Agent for the FBI, and was involved in a number of high profile investigations, including the investigation leading to the arrest and conviction of Unabomber Theodore Kaczynski. I. Former Chief Rodney Monroe – Law Enforcement Expert Rodney Monroe was appointed Chief of the Charlotte – Mecklenburg Police Department (“CMPD”) in 2008 and has 30 years of experience in law enforcement. He retired from that position June 30, 2015. Under Chief Monroe’s leadership, the department refocused its efforts in crime fighting and prevention through a more accountable organizational structure, advanced technology and enhanced strategy of community policing. Among other innovations, he implemented “Implicit Bias” training to increase officers’ sensitivity to diversity by integrating practical applications into other training modules such as community policing, juvenile law and domestic violence. He established strong partnerships within the community which increased citizen participation in identifying and solving criminal and quality of life issues. He established Leadership Councils to develop community leaders for assisting in developing community-based crime reduction strategies. He established 24 new Neighborhood Watch Programs and eight new Business Watch Programs in 2011 alone, and developed several educational awareness initiatives to improve the community’s understanding of various aspects of law enforcement operations and to increase citizen participation. Prior to joining CMPD, Chief Monroe served as Chief in Macon, Georgia and in Richmond, Virginia. Chief Monroe also worked in a variety of leadership positions with the Washington D.C. Police Department. He serves as an Executive 7 Committee member of the International Association of Police, member of Major Cities Chiefs, and National Organization of Black Law Enforcement Executives. J. Former Deputy Chief Lou Reiter – Law Enforcement Expert Lou Reiter consults for and trains police departments around the country focusing most often on such topics as internal affairs, police discipline and use-of-force investigations, as well as agency management and risk assessment. In addition to police departments, Mr. Reiter has been a consultant in numerous DOJ investigations related to civil rights allegations. Mr. Reiter has also been retained in numerous civil actions concerning police misconduct by both the prosecution and the defense. Before entering private practice, Mr. Reiter served for approximately 20 years in the Los Angeles Police Department, where he rose to the rank of Deputy Chief of Police. Mr. Reiter’s distinguished law enforcement career was spent mostly in uniform, but also included significant time in internal affairs, use-of-force review, training and personnel management. K. Professor and Former Lieutenant Natashia Tidwell – Law Enforcement Expert and Academic Consultant Natashia Tidwell is currently an associate professor of law at New England Law Boston, in Boston, Massachusetts. Professor Tidwell’s expertise in policing began with her long and distinguished career in the Cambridge, Massachusetts Police Department, where she served vital roles in the community policing initiative and the Internal Affairs Division. Professor Tidwell rose to become the first female lieutenant in the history of that Department, and served as the director of the Police Academy. Professor Tidwell left the Cambridge Police Department to become a federal prosecutor in Washington, DC. As a member of the Public Integrity Section of the Criminal Division of the DOJ, she prosecuted matters of public corruption around the country, including law enforcement corruption and perjury. Since leaving government service for her current position, Professor Tidwell has focused her research, writing and speaking engagements on questions of police procedure and community policing, and has served in various advisory roles for the Boston and Cambridge Police Departments. She has also served on the City of Boston’s Community Ombudsman Oversight Panel, which reviews internal affairs investigations and issues recommendations to the police department for improvements in the investigatory process, as well as refinements and clarifications to use-of-force reporting requirements. 8 L. Former Captain Timothy Horner – Law Enforcement Expert Timothy Horner is a Managing Director in Kroll’s New York office and leads Kroll’s Security Risk Management practice. With over three decades of security and law enforcement experience, Mr. Horner specializes in security consulting, crisis management and investigations for Kroll’s individual and corporate clientele. He joined Kroll in 2001 after a distinguished career with the New York City Police Department retiring as a Captain. During his tenure he served in numerous commanding officer level positions within the Intelligence, Detective, Internal Affairs, Community Affairs and Patrol Divisions. Mr. Horner has coordinated a wide variety of criminal investigations, including highly confidential intelligence investigations, homicide and white-collar crimes, involving local, state, federal and international law enforcement agencies. He has implemented proactive crime prevention, community outreach and crisis response strategies for the City of New York. M. Cathleen Peterson – Information Technology Expert Cathleen Peterson is a senior vice president of Kroll Ontrack Consulting. In her role, Ms. Peterson oversees the day-today functions of client services and operations, as well as a full range of consulting services, including collection services, ESI consulting and review services. Prior to joining Kroll Ontrack, Ms. Peterson was of counsel and the legal director of discovery analytics and review services for Orrick, Herrington & Sutcliffe LLP, where she consulted with clients and case teams on technology and all aspects of ediscovery, led the development of the firm's search analytics team and expanded discovery service offerings leveraging advanced technologies. Included in her many accomplishments, she designed, built and grew one of the largest and most successful document review centers on the East Coast, deploying kCura's Relativity platform. Before joining Orrick, Ms. Peterson served as counsel at WilmerHale, with an emphasis on large-scale SEC inquiries, complex litigation and internal investigations. N. Robert Fogarty – Local Counsel Robert J. Fogarty is co-chair of the litigation practice of Cleveland law firm Hahn Loeser and Parks LLP (“Hahn Loesser”). Mr. Fogarty has tried numerous cases in both federal and state courts in Ohio, and has handled appeals in the Ohio Courts of Appeal, the Ohio Supreme Court, and the Fifth and Sixth Circuit Courts of Appeal. He is recognized as one of the top commercial trial lawyers in Ohio and has earned the highest rating for ethics. He has extensive experience representing individuals and Fortune 500 companies in complex matters in federal and state courts, as well as in 9 arbitrations and mediations. That experience includes complex commercial, class action, healthcare, antitrust, employment, and tort litigation, as well as Ohio civil rights laws. Early in his career, Mr. Fogarty served as an Assistant U.S. Attorney for the Southern District of Ohio, and was in charge of civil litigation in the office, including the defense of federal law enforcement and other government agencies. O. Community Research Institute at Baldwin Wallace University – Statistical Expert Our Monitoring Team proposes to utilize The Baldwin Wallace University (“BW”) Community Research Institute (CRI) to provide survey research services in fulfillment of the Biennial Community Survey component of the Consent Decree. The CRI has conducted survey research studies for local nonprofit and government agencies in Northeast Ohio, including pursuant to a DOJ consent decree, since its formation in 2006. The mission of the CRI is to engage BW faculty and students in consulting projects providing high quality survey research for agencies in Northeast Ohio. The CRI includes a 20 station call center. Projects are staffed by BW faculty, as well as drawing in professionals with particular expertise as determined by project requirements. The CRI is led by Director Tom Sutton, Professor of Political Science, and Associate Director Lauren Copeland, Assistant Professor of Political Science. Dr. Sutton has been teaching at BW since 2000; his prior career included twelve years in nonprofit management, with five years designing and coordinating programs for at-risk youth and juvenile offenders at Lutheran Metropolitan Ministry. Dr. Copeland brings expertise in survey design and statistical analysis, as well as analysis of social media data. Recent projects include a survey of the use of the bilingual ballot in Latino communities in Cleveland for the Cuyahoga County Board of Elections (2013); a comparative public awareness study for the Northeast Ohio Regional Sewer District (2012), and a feasibility study analyzing the possible merger of the East Cleveland Public Library with the Cuyahoga County Public Library (2010). 10 III. Qualifications As the biographical descriptions of the core members of our Monitoring Team in the preceding section make clear, the members of our team are distinguished career law enforcement and technical professionals with impeccable credentials who possess all of the qualifications required to perform the duties of the Independent Monitor of the CDP. A. Monitoring the Performance of Organizations Our Monitoring team possesses unsurpassed experience in major integrity monitoring engagements of police departments and other complex organizations. The proposed monitor, former federal prosecutor Billy Martin, represented the City of Cincinnati and its Police Department in negotiations with the DOJ over a consent decree which resulted in the selection of an Independent Monitor for the Cincinnati Police Department. Mr. Martin’s internal investigation and review on behalf of the City mirrored that of the Monitor and included extensive data and statistical analysis. Mr. Martin then cooperated with the Monitor in carrying out mandated reforms of the department. Former federal prosecutor and proposed deputy monitor Richard Faughnan and former FBI Special Agent, New York State Inspector General and proposed deputy monitor Joseph Spinelli, between them, have led a total of sixteen other monitorships of major public and private organizations (listed and described in the next section), including monitoring the demolition and debris removal at the World Trade Center site in the immediate aftermath of the September 11, 2001 attacks, monitoring multi-billion dollar disaster relief and infrastructure projects for the State of New Jersey and the New York Metropolitan Transportation Authority, monitoring two stock exchanges for the Securities and Exchange Commission, monitoring the special education program of the New York City Department of Education pursuant to a federal consent decree, and monitoring major corporations in the construction, transportation, stevedoring, retail, information technology and professional services industries. Finally, former federal prosecutors and legal experts William Nugent and Mark Ehlers, and former FBI Special Agent and law enforcement expert Robert Huff, led or played key roles in the monitorships and operational reviews of six police departments, including the Los Angeles Police Department; the Pennsylvania State Police; the North Carolina State Highway Patrol; the Delaware River Port Authority Department of 11 Public Safety; the Borough of Barrington, New Jersey Police Department; and the New York Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority Police. Our team, therefore, has extensive experience overseeing major, multi-year monitorships of public and private organizations and programs, including police departments. All of these monitorships involved testing organizational change through outcome measures, as well as developing effective quality improvement practices for those entities and programs. Combining all of this experience, including Mr. Martin’s experience representing an Ohio police department being monitored, our team understands what will be involved in monitoring the CDP both from the perspective of the Monitor, and from the perspective of the police department and City, which we believe will serve to make our team a more effective Monitor. B. Law Enforcement Practices Our Monitoring Team’s former senior prosecutors, police officials and academics also have deep experience with and broad understanding of law enforcement practices, including training, community and problem-oriented policing, use of force investigations and constitutional policing. As noted above, our team boasts eight former federal prosecutors, four of whom also served as state prosecutors, with experience monitoring and/or investigating police practices, especially use of force. In particular, in their role as federal prosecutors, Messrs. Martin, Faughnan and Cramer all investigated and prosecuted major use of force cases while with the DOJ. Our four police experts (retired Chief Rodney Monroe, Deputy Chief Lou Reiter, Captain Timothy Horner and Lieutenant Natashia Tidwell) all have experience with community and problem-oriented policing strategies and programs. Former Chief Monroe and former Lieutenant (and now Professor) Tidwell, in particular, spearheaded community policing initiatives in their respective police departments, and Professor Tidwell has made community policing one of her areas of concentration in her academic career. Former Deputy Chief Reiter and Professor Tidwell have both been deeply involved in police training, with Mr. Reiter conducting 24 to 30 training programs per year for police departments nationwide and Professor Tidwell, while a Lieutenant with the Cambridge, Massachusetts Police Department, having served as Director of the Police Academy where she coordinated the department’s training curriculum and participated in the review and re-drafting of numerous policies and procedures. Deputy Chief Reiter, Captain Horner and Professor Tidwell all served in their 12 department’s Internal Affairs divisions for part of their police careers, and were involved in use of force and other police misconduct investigations. Finally, former FBI Special Agent Huff was a key member of the Kroll team monitoring the Los Angeles Police Department for issues relating to use of force, training, search and arrest procedure, use of confidential informants, initiation of complaints, internal affairs and programs for responding to mental illness. C. Evaluating Organizational Change and Improvement Practices Chief Rodney Monroe has led reviews and organizational changes in large police departments for many years. Employing statistical analysis, setting benchmarks, and initiating community outreach have all been hallmarks of Chief Monroe’s efforts to improve the organizations under his command. Billy Martin and many members of our team have participated in numerous monitorships as described below, many of which included metrics of organizational change and improvement. For example, as discussed more fully below, Joseph Spinelli has monitored and measured mandated organizational changes in such agencies as the New York City Department of Education’s system for implementing special education impartial hearing orders, as well as two stock exchanges whose practices were deemed deficient by the Securities and Exchange Commission. D. Mediation and Dispute Resolution Billy Martin has had extensive experience during the course of his career with mediation and dispute resolution. Most pertinent to the monitorship of the CDP, Mr. Martin, while representing the City of Cincinnati and the Cincinnati Police Department, drafted and negotiated the consent decree with the DOJ establishing an Independent Monitor for the Cincinnati Police Department, and then worked closely with the Monitor to ensure that reforms were implemented. In addition, he assisted in coordinating a unique collaborative process to settle a number of civil law suits filed against Cincinnati, which were part of the DOJ’s investigation. Finally, Mr. Martin currently sits on the Board of the American Arbitration Association. Local Counsel Robert Fogarty also has extensive experience in mediation and arbitration. Mr. Fogarty serves as a panel member of the American Arbitration Association. He also served as a member of the Federal Court Panel of Alternative Dispute Resolution Neutrals for the Northern District of Ohio for 22 years. 13 E. Statistical and Data Analysis For the biannual statistical surveys required by the Consent Decree, the Monitoring Team will utilize the services of the CRI at BW University, which has performed numerous community surveys in northeastern Ohio and is led by Professor Tom Sutton and Associate Professor Lauren Copeland of BW University, who serve as Director and Associate Director of the CRI. The CRI’s expertise has been recognized in numerous projects, including a successful survey performed under a prior consent decree in the Northern District of Ohio. F. Information Technology and Data Management Kroll has the knowledge and experience in-house to analyze both complex structured and unstructured data. Our information technology experts can readily extract, process and manage complex data sets pulled from the CDP’s records, reports, filings, recordings, transcripts and other documentation, and organize them into a secure, searchable database, structured to leverage sophisticated analytic tools to support and facilitate the Monitoring Team’s assessments. Using software designed for complex investigations and litigation, our information and technology experts will not only enable our team to organize the diverse media and documentation provided by the CDP into a well-structured database, but will use a suite of tools to classify and sort seemingly disparate data sources based on their linguistic and semantic content. This analysis will help us extract maximum value and understanding from CDP materials, potentially identifying ongoing issues and trends that may otherwise be missed. These tools include concept-based search and document clustering, automated content categorization and other predictive coding features, and enhanced keyword expansion. These tools enable us to move beyond known search constructs to identify previously unknown and unexpected information and patterns within large data sets. Kroll is also expert at collecting and analyzing structured data sets, providing clients further insight into the underlying information. Our information technology experts can collect from a wide range of commercial and proprietary databases, and can quickly provide deep analysis and forecasting based on that data. Through leveraging SQL queries and other tools, we can help assess the impact of various observations and data points, and can provide detailed, evidence-based analyses and reports, including visual documentation such as tables, graphs, scatter plots (with trend lines), and various matrices tailored to the needs of the Monitoring Team. 14 At Kroll, all client data is hosted in our secure, state-of-the-art Data Centers in Eden Prairie, Minnesota. Our control framework is based on the industry standard best practices defined in the ISO 27000 series on information security and risk management, and incorporates other best practices such as OWASP, Cloud Security Alliance and Software Assurance Maturity Model. Kroll also adheres to a formal Information Security Policy that establishes company-wide requirements for secure design, management, and operations of the enterprise computer, networks and information systems. Organizational, Human Capital and Physical Security requirements are all included in the Information Security Policy. G. Working with Government Agencies, Municipalities and Collective Bargaining Units Having held senior positions in various state and federal law enforcement agencies and collectively having performed 25 monitorships for numerous government agencies, departments and courts, the members of our Monitoring Team have vast experience working with government agencies and municipalities. We understand government and how it works, and are adept at working cooperatively with government officials to get things done. While Mr. Martin has overseen major investigations of police misconduct allegations, he has also worked in private practice with police department and city management, as well as officer unions and union members as well. In addition, Kroll has both monitored and performed investigations and compliance work for unions and collective bargaining units. Kroll was the monitor of Local One of the Plumbers Union, and has performed investigations for District Council 37 of the Service Employees International Union, which represents New York City government employees; Service Employees Union Local 100; and the Patrolmen’s Benevolent Association (the bargaining unit for New York City Police Officers). Kroll has performed compliance work for Local 1199 of the Service Employees International Union, which represents New York City hospital workers. H. Language Skills and Experience Working with Limited English Proficient Persons and Communities Kroll is an international intelligence, investigations and advisory firm with offices in nearly 30 countries and with in-house staff fluent in 32 languages, including all of the languages identified in the most recent census report for the Cleveland population. We are accustomed to working with non-English speaking persons, and are very familiar 15 with Spanish speaking populations. Indeed, we have several offices in Spanish speaking countries. There will be no language barriers for our Monitoring Team. I. Familiarity with and Understanding of Local Issues and Conditions Billy Martin and our team’s local counsel, Robert Fogarty, are fully familiar with local issues and conditions in Cleveland, as are our proposed biennial survey partners, the CRI at BW University. First, Mr. Fogarty is a respected leader in the legal community in Cleveland. Mr. Fogarty’s firm, Hahn Loeser, was founded in Cleveland in 1920 and remains committed to Cleveland and other Ohio communities. Hahn Loeser’s commitment to being of service to varied communities in Cleveland and around Ohio include such pro bono efforts as partnering with the Legal Aid Society to provide assistance to low-income tenants in landlord-tenant disputes, participating in community drop-in clinics, and taking a leadership role in the Ohio Wills for Heroes program, providing free estate planning for first responders. Second, Mr. Martin has maintained his ties to Ohio since attending law school and beginning his legal career there. Mr. Martin regularly returns to Ohio, including to Cleveland, to represent clients and speak on various panels regarding issues that include constitutional policing. Mr. Martin maintains good relationships with active members of various communities in Ohio, including in Cleveland. Finally, the work of the CRI is to gauge the attitudes and opinions of citizens of Cleveland and surrounding areas on various issues and conditions. BW University maintains significant involvement with the Cleveland community and recruits and admits students from all over the City and surrounding areas. The University has a sincere and respected commitment to diversity and to supporting the youth of Cleveland, including a partnership with a high school in Cleveland at which the University mentors students from 9th grade through graduation, resulting in a 100% graduation rate. J. Effective Engagement with Diverse Communities Mr. Martin has worked throughout his career to promote effective engagement with diverse communities. From his days managing a branch office of federal prosecutors through the present, Mr. Martin speaks regularly with community groups and on panel discussions about issues related to access to justice, constitutional policing and other matters. Most recently Mr. Martin was asked to speak at the conference of the American Arbitration Association on a panel discussion of access to justice issues and organizational social responsibility. As past president of the Washington Bar 16 Association, Mr. Martin led an organization committed to providing pro bono services and partnerships with disadvantaged communities. While representing the City of Cincinnati and its police department through the implementation of a consent decree, Mr. Martin spent considerable time meeting with community leaders, clergy and individual citizens from communities impacted by the issues relevant to the consent decree and collaborative agreement, as well as police department rank and file and management. Chief Monroe has extensive experience initiating and implementing various community engagement programs during his career. For instance, in his most recent post, Chief Monroe established Leadership Councils to develop community leaders to assist in devising community-based crime reduction strategies. He established 24 new Neighborhood Watch Programs and eight new Business Watch Programs in 2011 alone, and developed several educational awareness initiatives to improve the community’s understanding of various aspects of law enforcement operations and to increase citizen participation. Professor Tidwell’s experience with community engagement began early in her law enforcement career, when she was among the first in her Department to implement the community engagement role of school resource officer. Since entering academia, Professor Tidwell has also written and spoken on the relationship between police departments and diverse communities. Currently, Professor Tidwell advises cities and their police departments in various roles on the engagement between law enforcement and the communities they serve. Another member of our team, former Captain Timothy Horner, led a number of community outreach initiatives while with the New York City Police Department. These included reorganizing the Community Outreach Program for the NYPD, establishing liaisons in every borough of New York City for communities and ethnic groups, initiating the “National Night Out” Program, and beginning the “Work Employment Program” in Brooklyn, which established 300 jobs in local precincts for welfare recipients. Likewise, former New York Inspector General Joseph Spinelli established several community-based programs during his tenure as Inspector General, including the “Adopt-a-School” Program, which has been replicated in 17 cities around the country, and the “Drug-Free School Zone” Program. 17 K. Creation and Evaluation of Meaningful Civilian Oversight One of our Team’s police experts and academic consultants, Professor Natasha Tidwell, for the past four years has served on the City of Boston’s Community Ombudsman Oversight Panel. As an Ombudsman, she has reviewed dozens of internal affairs investigations and issued recommendations to the Boston Police Department for improvements in the investigatory process, as well as refinements and clarifications of the use-of-force reporting requirements. Professor Tidwell is currently working with Boston city officials and the community on an objective feasibility study of expanding the scope of the oversight panel’s duties beyond case review and oversight to include independent investigations, disciplinary recommendations and a mediation component. L. Familiarity with Federal, Ohio, and Local Laws, including Civil Rights Laws and Policies and Rules Governing Police Practices Our Monitoring team boasts eight former federal prosecutors who are well-versed in federal criminal and civil rights laws. Two of our former federal prosecutors have practiced law in Ohio throughout their careers. Our proposed monitor, Billy Martin, served as an Assistant U.S. Attorney and local prosecutor in Cincinnati, Ohio, and managed the Dayton, Ohio branch of the U.S. Attorney’s Office for the Southern District of Ohio. After leaving government service, Mr. Martin represented the City of Cincinnati and the Cincinnati Police Department in the DOJ’s investigation of an alleged pattern and practice of excessive use of force by members of the Cincinnati Police Department. In private practice, Mr. Martin has also tried both criminal and civil cases in the federal courts of Cleveland and the state and federal courts of other Ohio cities. Robert Fogarty, our team’s local counsel, also served as an Assistant U.S. Attorney in the Southern District of Ohio, and is currently co-chair of Cleveland law firm Hahn Loeser's Litigation Practice. He has tried numerous cases in both state and federal courts in Ohio, and has handled appeals in the Ohio Courts of Appeal, the Ohio Supreme Court, and the Fifth and Sixth Circuit Courts of Appeal. Our four police experts have each spent their lengthy and distinguished careers as senior police officials, consultants and academics addressing the policies and rules governing police practices. The recently retired Chief Rodney Monroe has 30 years of experience formulating and implementing policies and rules for the police departments he has led, including enhanced strategies for community policing. Deputy Chief Lou Reiter has trained police departments nationwide focusing on police policies and rules 18 on use of force, internal affairs and police discipline. Professor Natashia Tidwell teaches a course on the relationship between police and inner city communities with particular focus on excessive force, “stop and frisk” and other constitutional issues. She has also researched and published scholarship relating to community policing and procedural justice. Since 2011, Professor Tidwell has served as both an advisor to the Commissioner of the Cambridge Police Department, and as a two-time mayoral appointee to a board tasked with ensuring fairness and thoroughness in the internal affairs process for the Boston Police Department. Earlier in her career, while serving as a Lieutenant with the Cambridge Police Department, Professor Tidwell also served as Police Academy Director, where she coordinated the department’s training curriculum and participated in the review and re-drafting of numerous policies and procedures. Finally, former Captain Timothy Horner served in command positions within the Intelligence, Internal Affairs, Community Affairs and Patrol Divisions of the New York City Police Department. Since retiring from the department, Captain Horner has advised the department on proactive crime prevention policies for community outreach and crisis response strategies. M. Completing Projects within Anticipated Deadlines and Budgets Our team has vast experience with managing deadlines and budgets for multi-year monitorships of the magnitude of the monitorship of the CDP, having performed 25 prior monitorships. Just as a recent example, the monitorship of New Jersey’s Super Storm Sandy $3.3 billion relief programs was similar in that we were working under tight, mandated deadlines and a fixed fee yearly budget for a complex monitoring effort. We met each of our deadlines and hit our budget target to the dollar. Accordingly, we understand the importance of deadlines and budgets, and will meet both. N. Preparing for and Participating in Court Proceedings Every member of our core Monitoring Team has extensive experience in court either as prosecutor, counsel, fact or expert witness, or all of the above. Our core team is comprised of eight former federal prosecutors and five former senior law enforcement officials, all of whom have participated in countless court proceedings and all of whom understand what is involved in effectively preparing for and participating in those proceedings. 19 O. Report Writing for a Broad Variety of Stakeholders Every member of our core Monitoring Team is adept at report writing. Our various team members have written reports for 25 monitorships, as well as sensitive ethics reports to the United States Congress. We understand that our reports will be addressed to multiple stakeholders, including the Court, the DOJ, the City, the CDP and the press and public. We will draft our reports to be clear, concise and thorough, and to transparently address all of the issues under the Monitor’s purview as set forth in the Consent Decree. 20 IV. Prior Experience and References A. Monitorships and Operational Reviews of Police Departments 1. Cincinnati Police Department In 2001, when DOJ initiated an investigation of the Cincinnati Police Department for engaging in a pattern and practice of using excessive force, Billy Martin was retained as lead counsel to represent the City of Cincinnati and the Cincinnati Police Department. During that engagement, Mr. Martin drafted and negotiated a consent decree with the DOJ, and participated in selecting and working with the court-appointed Monitor. Mr. Martin oversaw an internal investigation and a review of the allegations that aimed to mirror the investigation and review of the DOJ and the Independent Monitor in order to assure fair treatment for the City and the police department as well as a successful resolution to the concerns identified by the community and the DOJ. In 2001-02, Mr. Martin assisted in coordinating a unique collaborative process to settle a number of civil lawsuits filed against the City, which were a part of the DOJ investigation. (2001-02) (Reference: U.S. District Court Judge Susan J. Dlott, U.S. District Court, Southern District of Ohio, 513-564-7630) 2. City of Los Angeles Police Department In 2001, pursuant to a consent decree entered into by federal, state and city authorities, Kroll was appointed to monitor the Los Angeles Police Department. Kroll was responsible for instituting a new ethics program, conducting investigations and internal control audits, overseeing management procedures and ensuring compliance with the consent decree, including mandated reforms related to use of force, training, search and arrest procedures, use of confidential informants, initiation of complaints, internal affairs and programs for responding to mental illness. (2001-09) (Reference: Former Chief of Police for the Los Angeles Police Department and current New York City Police Commissioner William Bratton, 21 3. Pennsylvania State Police In 2003, Kroll was selected by the Governor of Pennsylvania to monitor the Pennsylvania State Police over allegations of sexual misconduct and harassment. Kroll reviewed State Police policies and practices against best practices and standards across the United States. (2003-05) (Reference: John H. Estey, former Chief of Staff to Pennsylvania Governor Ed Rendell, currently Executive Vice-President for Administration, Hershey Trust Company; 717-520-1100; jestey@hersheytrust.com) 4. North Carolina State Highway Patrol In 2007, Kroll was retained to review the North Carolina State Highway Patrol’s policies for hiring, training and promoting troopers after several troopers resigned or were fired for misconduct in various incidents. Many of Kroll’s findings and recommendations were successfully implemented by the North Carolina Department of Crime Control and Public Safety. (2007-08) (Reference: Bryan E. Beatty, former Secretary of the North Carolina Department of Crime Control and Public Safety, current Commissioner of the North Carolina Utilities Commission; 919733-0825; bbeatty@ncuc.net) 5. Triborough Bridge and Tunnel Authority Police Department In 2012, Kroll was retained to perform a comprehensive assessment of the management and security operations of the Triborough Bridge and Tunnel Authority Police Department and make recommendations regarding improvements to efficiently and effectively address the security, operational and law enforcement needs of the department. (2012) (Reference: Michael Coan, Chief of Police, MTA Police Department, 464996-0010, mcoan@mtapd.org) 6. Barrington New Jersey Police Department In 2010, Kroll was retained to do to a comprehensive operational and management review of the Barrington Police Department. The primary objective of the review was to independently assess the efficiency of the police department’s operations, including budgetary expenditures, staffing, scheduling, management of overtime, and other operational benchmarks. Kroll’s review was conducted with an eye toward 22 determining where gaps existed between the department’s current operational efficiencies and best practices, balancing officer safety and protection of the community. (2010) (Reference: Timothy Higgins, Former Borough Solicitor, 7. Delaware River Port Authority Public Safety Department In 2006 and again in 2008, Kroll was retained by the Delaware River Port Authority to conduct operational and management audits of the Port Authority’s Public Safety Department. (2006, 2008) (Reference: Hon. John J. Matheussen, former Chief Executive Officer of the Delaware River Port Authority, currently Judge on the Vicinage XV New Jersey Superior Court; 856-686-7414; John H. Estey, former Chairman of the Board of Commissioners for the Delaware River Port Authority, currently Executive Vice-President for Administration, Hershey Trust Company; 717-520- 1100; jestey@hersheytrust.com) B. Monitorships in Other Industry Sectors 1. New Jersey Superstorm Sandy Disaster Recovery Program Kroll professionals (Richard Faughnan and Joseph Spinelli) were selected by the Department of the Treasury for the State of New Jersey to monitor the $3.3 billion, HUD-funded Superstorm Sandy Disaster Recovery Program administered by the New Jersey Department of Community Affairs (“DCA”). They monitored the contractors managing the primary housing reconstruction and rehabilitation programs, as well as the contractor charged with creating the information technology infrastructure for the programs, a staffing augmentation contractor, and the public accounting firm serving as the DCA’s internal monitor. (201415) (Reference: David Ridolfino, Associate Deputy State Treasurer, 609633-8185, david.ridolfino@treas.state.nj.us) 2. New York City Second Avenue Subway Kroll professionals (Messrs. Faughnan and Spinelli) were selected by the Chief Compliance Officer of the New York City Metropolitan Transportation Authority (“MTA”) to serve as the integrity monitor over the Second Avenue Subway project valued at approximately $3 billion. Their team monitored the five prime contractors and numerous 23 subcontractors on the project for labor compliance issues, fraudulent billing schemes, organized crime infiltration and project safety. (2012-15) (References: Daniel Worrell, MTA Director of Internal Controls, 646-2521303, dworrell@mtahq.org; Lamond W. Kearse, MTA Chief Compliance Officer, 646-252-1330, lkearse@mtahq.org) 3. New York City Fulton Street Transit Center Kroll professionals (Messrs. Faughnan and Spinelli) were selected by the Chief Compliance Officer of the MTA to serve as the integrity monitor over the Fulton Street Transit Center project valued at approximately $1.4 billion. Their team monitored three prime contractors and numerous subcontractors on the project for labor compliance issues, fraudulent billing schemes, organized crime infiltration and project safety. (2012-15) (References: Daniel Worrell, MTA Director of Internal Controls, 646-2521303, dworrell@mtahq.org; Lamond W. Kearse, MTA Chief Compliance Officer, 646-252-1330, lkearse@mtahq.org) 4. International Financial Institution Compliance Consultancy Kroll was selected by the New York State Department of Financial Services (“DFS”) to serve as the independent consultant of an international financial institution under the terms of a consent order. Kroll’s work at the Bank has included, among other things, undertaking a comprehensive review of the Bank’s BSA/AML Sanctions compliance program; assessing the organization from a governance, reporting and accountability standpoint; overseeing a complete overhaul of the Bank’s OFAC risk assessment; revising the investigations process for deliberating false positives from the Bank’s transaction monitoring system; recommending a case management system to allow the Bank to collect and mine its own sanctions data; developing an industry-leading proactive approach to OFAC and sanctions compliance with the implementation of an internal advisory group to identify and mitigate sanctions-related issues; and overseeing the relocation of the Bank’s sanctions compliance center to the New York branch. (2013-16) (References: Jean Walsh, Deputy Superintendent of Banks, DFS, 212-7095586, jean.walsh@dfs.ny.gov; Robert Donovan, Deputy Superintendent of Banks, DFS, 212-709-5404, Robert.donovan@dfs.ny.gov;) 24 5. New York Superstorm Sandy Rapid Repairs Program Kroll professionals (Messrs. Faughnan and Spinelli) were selected by the New York City Department of Investigation (DOI) to serve as one of the integrity monitors for New York City’s FEMA-funded Rapid Repairs program, which provided emergency repairs to thousands of homes damaged by Superstorm Sandy. Their team was in the field monitoring construction crews seven days a week during this intensive program to provide heat, electrical service and hot water to New York City residences that lost those services as a result of the hurricane. The team identified improper contractor charges of more than $10 million. (2012-13) (Reference: Michael Carroll, Assistant Commissioner, DOI, 212-825-3338; mcarroll@doi.nyc.gov) 6. John F. Kennedy International Airport / World Trade Center A Kroll professional (Mr. Faughnan) was selected by the Port Authority of New York and New Jersey Inspector General’s Office (PAOIG) to be the integrity monitor of a major construction company (“the Company”) following the federal fraud indictment of the Company’s former President and Director of Purchasing. Mr. Faughnan’s team was responsible for monitoring the Company’s performance of a $220 million contract to rehabilitate the main runway at John F. Kennedy International Airport, and its $177.6 million contract to brace the box that encloses the MTA’s Number 1 subway line in lower Manhattan, which bisects the World Trade Center (“WTC”) site. The monitoring team’s duties included, among other things, designing and monitoring the implementation of a corruption prevention program for the Company, which included a corporate compliance program, code of business ethics and system of internal accounting controls; conducting investigations and forensic audits to ensure the Company’s compliance with all criminal and civil laws, and with the terms of the monitoring agreement and the Company’s two contracts with the Port Authority; and establishing and monitoring a 24hour “Hot-Line” to facilitate the reporting of suspected improper or illegal conduct by the Company’s employees. (2009-12) (References: Steven A. Pasichow, Port Authority Inspector General’s Office, 973-565-4366, spasichow@panynj.gov; Robert Joyce, Port Authority Inspector General’s Office, 973-565-4366, rjoyce@panynj.gov) 25 7. World Trade Center A Kroll professional (Mr. Faughnan) was selected by the PAOIG to be the integrity monitor of a tile and marble company (“the Company”) in its performance of approximately $45 million in contracts at the WTC site following the federal fraud indictment of the Company’s principal owner and Chief Executive Officer. The monitoring team’s duties included, among other things, designing and monitoring the implementation of a corruption prevention program for the Company, conducting investigations and forensic audits to ensure the Company’s compliance with all criminal and civil laws, and with the terms of the monitoring agreement and the Company’s contracts with the Port Authority; and establishing and monitoring a 24-hour “Hot-Line” to facilitate the reporting of suspected improper or illegal conduct by the Company’s employees. (2009-13) (References: Steven A. Pasichow, Port Authority Inspector General’s Office, 973-565-4366, spasichow@panynj.gov; Robert Joyce, Port Authority Inspector General’s Office, 973-565-4366, rjoyce@panynj.gov) 8. Miami-Dade County Performing Arts Center A Kroll professional (Mr. Spinelli) was selected by Miami-Dade County as an independent monitor to oversee construction of their performing arts center, built at a cost in excess of $220 million. The engagement focused on all aspects of the project from design to occupancy. Mr. Spinelli ensured compliance with contract terms as well as Miami-Dade and Florida laws and regulations. An assessment of the procurement policies was performed and recommendations for improvement were made. (2005) (Reference: Cathy Jackson, Director of Audit and Management Services 305-349-6100, CJ5680@miamidade) 9. World Trade Center Demolition and Debris Removal A Kroll professional (Mr. Spinelli) led the financial oversight of the demolition and debris removal at the WTC following the September 11, 2001 attacks. This project involved the review of over $500 million in contractor and subcontractor invoices on behalf of the New York City Department of Design and Construction (“DDC”) and the New York City Office of Management and Budget (“OMB”). This assignment included daily interaction with leaders from all trades and unions. The review and 26 monitoring of invoices was designed to prevent any and all types of fraudulent billings, payroll schemes, violations of New York Labor Law and payments to organized crime. A system of internal controls was established to ensure compliance with all relevant city, state and federal laws, rules and regulations. (2001-03) (References: Steven A. Pasichow, formerly DOI, now Port Authority Inspector General’s Office, 973-5654366, spasichow@panynj.gov; Eric MacFarlane, Deputy Commissioner, Infrastructure Division, DDC, 718-391-2251, Macfarla@ddc.nyc.gov; Bud Larson, Associate Director, OMB, 212-788-5801, LarsonB@omb.nyc.gov) 10. Local One Plumber’s Union Kroll was selected as the Integrity Monitor for Local One of the Plumbers Union pursuant to an agreement finalized in 2003 between Local One and various law enforcement agencies, including the New York State Organized Crime Task Force and the U.S. Department of Labor. Kroll was responsible for ensuring Local One’s compliance with the agreement, which was intended to promote the integrity of the union’s operations. (2003) 11. Central Artery/Third Avenue Tunnel Project (aka “The Big Dig”) A Kroll professional (Mr. Spinelli) was selected by the Massachusetts Office of the Attorney General to be the monitor of a manufacturing company (“the Company”) that supplied adhesives used to hold bolts in place on the $15 billion Central Artery/Third Avenue Tunnel Project, also known as “The Big Dig.” The failure of the company’s adhesives led to a fatality that resulted in a deferred prosecution agreement for the company. The monitoring team’s responsibilities included reviewing and revising the company’s corporate compliance agreement, monitoring its adherence to the terms of the deferred prosecution agreement, and submitting an annual report of the reviews the team conducted to all parties, including the Federal Highway Administration. (2009-12) (Reference: Edward Bedrosian Jr., Deputy First Assistant Attorney General, 617-963-2028, ed.bedrosian@state.ma.us) 12. New York City Department of Education A Kroll professional (Mr. Spinelli) led a team serving as the independent auditor, appointed by the United States District Court, Southern District of 27 New York, to monitor the timely implementation of special education impartial hearing orders. This monitorship was the result of a class action suit brought on behalf of special education students in New York City. A Stipulation and Agreement of Settlement reached between the plaintiffs and the New York City Department of Education (“DOE”) granted both compensatory and injunctive relief. The monitoring team’s responsibilities related to compensatory relief involved the review of claims for the purpose of either approving or disapproving the claims and determining the specific dollar value each claimant would receive. The team’s responsibilities related to injunctive relief involved reviewing all the impartial hearing orders and their related action items on a quarterly basis and investigating whether those orders and related action items were timely implemented. The team developed the review processes, procedures and protocols for both the compensatory and injunctive relief audits, and developed the case management system to record findings and evidentiary documentation. (2008-15) (Reference: Judith Nathan, First Deputy Counsel, 212-374-2993, jnathan@schools.nyc.gov) 13. School Bus Companies Kroll professionals (Messrs. Faughnan and Spinelli) were selected by the Special Commissioner of Investigation for the New York City School District (“SCI”) to be the integrity monitor of nine school bus companies related by common ownership (“the Companies”) as a result of the owner’s involvement in a kickback scheme with union officials with organized crime ties and city bus inspectors. The monitoring team was responsible for monitoring the Companies’ performance of approximately $618 million in contracts to provide school bus service. The team’s monitoring duties included, among other things, designing and monitoring the implementation of a corruption prevention program for the Companies, conducting investigations and forensic audits to ensure compliance with all criminal and civil laws, and with the terms of the monitoring agreement and the Companies’ school bus contracts; and establishing and monitoring a 24-hour “Hot-Line” to facilitate the reporting of suspected improper or illegal conduct by employees of the Companies. (2010-14) (Reference: Daniel Schlachet, Special Counsel, 212510-1418, dschlachet@nycsci.org) 28 14. Waterfront Commission of New York Harbor Kroll professionals (Messrs. Faughnan and Spinelli) were selected by the Waterfront Commission of New York Harbor to serve as the integrity monitor of one of the major stevedore companies (“the Company”). The monitoring team was responsible for monitoring the company for financial issues, labor compliance issues, and organized crime associations. (2013-15) (Reference: Walter M. Arsenault, Executive Director, 212-742-9280) 15. American Stock Exchange and Philadelphia Stock Exchange A Kroll professional (Mr. Spinelli) served as the integrity monitor of two stock exchanges pursuant to administrative orders issued by the United States Securities and Exchange Commission (“SEC”) as a result of findings that both exchanges had numerous regulatory violations of trading, investigations and surveillance rules. The monitorship involved regular audits and reports to the exchanges and the SEC. (2008-10) (References: Claudia Crowley, Chief Executive Officer and Chief Regulatory Officer for NYSE Regulation, Inc., 212-656-4631, ccrowley@nyx.com; Meyer S. Frucher, formerly President and Chief Executive Officer of the Philadelphia Stock Exchange, now Vice Chairman of NASDAQ) 16. New York City Housing Development Corporation and Department of Housing Preservation and Development Kroll has been providing labor and construction monitoring services for the New York City Housing Development Corporation (“HDC”) and the Department of Housing Preservation and Development (“HPD”) on several construction projects located in the Bronx, Queens and Brooklyn. During these monitorships, Kroll professionals have worked closely with HDC and HPD personnel, as well as with the New York City Department of Investigation regarding potential illegalities uncovered by Kroll during these monitorships. (2012-15) (Reference: Hammad Graham, HDC, 212227-2898, hgraham@nychdc.com) 17. The Children’s Place A Kroll professional (Mr. Spinelli) served as monitor on behalf of the Massachusetts Office of the Attorney General regarding a consent decree 29 that was imposed on The Children’s Place clothing stores in Massachusetts and New Hampshire as a result of its discriminatory sales and hiring practices. The monitoring team oversaw the design and implementation of a compliance program to ensure there was no further discrimination in the company’s sales, hiring and customer relationship efforts. The project involved visiting innumerable stores in Massachusetts and New Hampshire to ensure compliance. (2001) 18. Diocese of New Hampshire A Kroll professional (Mr. Spinelli) assisted the New Hampshire Attorney General’s Office in effectuating their consent decree imposed on the Diocese of Manchester, New Hampshire. Mr. Spinelli’s team monitored compliance with the consent decree, which related to alleged acts of sexual abuse committed by members of the Diocese of Manchester. The monitoring team also made numerous recommendations regarding proactive due diligence to be conducted by the Diocese for its members prospectively. (2000) 30 V. Proposed Activities Under the terms of the Consent Decree, the core responsibility of the Independent Monitor is to “assess and report” on whether the requirements of the Consent Decree have been implemented, and whether the implementation of those requirements has resulted in constitutional and effective policing, professional treatment of all individuals, and increased trust of the CDP by the diverse communities of Cleveland. Consent Decree, at p. 80, para. 350. Our Monitoring Team will design and execute all of our activities to fulfill that responsibility. The Monitor’s primary tasks under the Consent Decree are: (1) compliance reviews to determine whether the City and the CDP have incorporated the requirements of the Consent Decree into policy, have trained all relevant personnel on the requirements, and are carrying out the requirements in practice; (2) biennial community surveys of the members of the Cleveland community regarding their experiences with and perceptions of the CDP and of public safety; (3) outcome measurements, including qualitative and quantitative assessments to measure whether implementing the Consent Decree has resulted in constitutional policing; and biannual public reports on the Monitors work and the progress of the City and the CDP in implementing the requirements of the Consent Decree and achieving the goals of constitutional policing, professional treatment of all individuals and increased public trust. These tasks will require the Monitoring Team to, among other activities, interview City and CDP officials and employees; review CDP records and data maintained on police stops, arrests, use of force and crisis intervention; review Internal Affairs reports; attend regular meetings with the City, CDP, DOJ and the community; attend police training sessions; accompany CDP patrols on ride-a-longs; perform data analytics on outcome measurements to assess whether the implementation of the Consent Decree has resulted in constitutional policing; design and execute community surveys; and prepare biannual reports on our work and on the CDP’s progress. Kroll’s in-house information technology professionals will greatly facilitate our ability to access and analyze the CDP’s records and data, and will also be in a position to make recommendations to the CDP on its data collection and management system and processes. Regarding the biennial community surveys, we will utilize the services of the CRI at BW University. The CRI will gather data from representative samples of the residents of the Cleveland community to determine perceptions and experiences of the CDP and 31 of general public safety. In addition, interviews will be conducted with representative samples of members of the CDP, CDP leadership and arrestees, based on more specific parameters provided by the City and DOJ during the design phase of the survey. For each group, samples will be drawn based on representative demographics (e.g., race, age, family status, city neighborhood), using the most recent available U.S. Census data. Community leaders will also be interviewed as part of the project (e.g., city councilpersons, clergy, community organization leaders, staff at city recreation centers, staff of the Cleveland Municipal School District). Subject to consultation with the DOJ, the City and the CDP, the CRI proposes using multiple data collection methods to develop a comprehensive, accurate depiction of community perceptions and experiences of the CDP. The CRI proposes conducting a phone survey, neighborhood walking surveys, focus groups, one-on-one interviews, and analysis of social media as approaches for effective, comprehensive data gathering. Phone Survey A randomized sample phone survey (cell and landline) will capture baseline data of community perceptions and experiences. Community surveys conducted in areas of public gathering, such as local shopping areas, parks, and recreation centers help to capture residents who may not be able to be reached by phone. The survey instrument will be designed by Drs. Sutton and Copeland, drawing from best practice surveys that focus on perceptions and experience with safety and local police in urban neighborhoods. The survey instrument will be available to the Monitoring team and all parties for review and revision as required. A core set of questions will be used for each of the three surveys to be administered (2015, 2017, 2019), to provide data that can be subjected to longitudinal analysis to determine attitudinal changes over time. Walking Surveys CRI will conduct walking surveys of communities in targeted areas of Cleveland, using a survey instrument similar to the phone survey instrument. The purpose of the walking survey is to supplement the data gathered in the phone survey, capturing information from residents who may not be as accessible by phone. The walking survey will focus on gathering data from residents in areas of high public traffic (e.g., shopping areas, parks, recreation and community centers, food pantries). 32 Focus Groups The CRI will conduct focus groups in each neighborhood cluster in the City to gather qualitative data concerning experiences and perceptions of the CDP. The focus groups will each consist of 10-15 invited residents of target neighborhoods, hosted at a neighborhood church or community center. Residents will be recruited through a question on the phone survey asking if they would like to participate in a focus group and/or follow up interview. Recruitment will also occur through neighborhood organizations and religious entities. Each focus group will be audio-recorded and transcribed. Content analytics software (e.g., Provalis Wordstat) will be used to determine primary themes across the focus groups, as well as analyze similarities and differences based on focus group demographics. Face-to-face Interviews CRI staff will conduct face-to-face interviews with a sample of officers and leadership of the CDP, using an interview instrument designed to gather information about their views of community perceptions of public safety and experience with the CDP. The CRI will also conduct interviews with a sample of detained arrestees to gather information about their experience with the CDP. Interview protocols will be designed to ensure that reliable data is collected while providing protection of subject confidentiality. Interviewers will be drawn from the BW faculty and external agencies with staff with requisite experience, supervised by the CRI Director and Associate Director. Continual Communication Ongoing data will also be gathered through periodic contact with neighborhood residents, community leaders, elected officials, CDP officers and command staff, DOJ representatives, and others as identified by the Monitor, the City and DOJ. This will include observation of community meetings, CDP staff meetings and other gatherings as needed. Relationships developed with residents, community leaders and CDP staff during the initial period of focus groups and interviews will be used as a baseline for developing ongoing communication and relationships. The CRI is committed to maintaining active and open communication and relationships with all parties involved in the monitoring process. Social Media Analysis The CRI will conduct periodic analysis of social media usage by residents of the Cleveland community to determine trends in discussion of issues of public safety and 33 perceptions of the CDP. The CRI will use Crimson Hexagon, a service that gathers communications from social media (e.g., Facebook, Twitter, Instagram), and compiles information by city and topic. While not considered scientific sampling, this is a form of qualitative data that can be useful in determining trends in social media communication about public safety across the Cleveland community. Data from each of these methods will be compiled in a report to the Monitor and the parties. The report will include presentation of data, analysis of each dataset, and comparative analysis across datasets. Subsequent surveys (2017 and 2019) will include longitudinal analysis of data gathered in each cycle to determine changes in attitudes, perceptions and experience of interview subjects and the community concerning public safety and the CDP. Staffing All aspects of the survey project will be coordinated by the CRI Director, with support and analytical work conducted by the CRI Associate Director. BW students will be recruited, trained, and supervised by the CRI leadership and/or affiliated BW faculty and staff to conduct the phone and walking surveys. The focus groups and one-on-one interviews will be conducted by the CRI leadership and project affiliated BW faculty and staff. The one-on-one interviews will likely also include external staffing provided by individuals with requisite expertise, coordinated by the CRI. Data analysis and report development will be conducted by the CRI Director and Associate Director and affiliated BW faculty. BW staffing for the project will be coordinated with the Monitor. The CRI Director will be responsible for developing and maintaining communication with the Monitor, the City and DOJ regarding all aspects of the biennial community survey component. To perform all of the tasks assigned to the Independent Monitor by the Consent Decree efficiently and effectively, our Monitoring Team will establish clear lines of communication with key members of the City and the CDP who will be responsible for arranging access to department records and data, and arranging meetings with members of the CDP. We will establish clear lines of communication with DOJ to facilitate regular informal communications as needed in addition to more formal meetings. We will also establish lines of communication with the Cleveland community throughout the performance of the monitorship. 34 VI. Potential Conflicts of Interest or Bias With one exception, none of the members of our core team have any conflicts or potential conflicts to report. We bring to the parties’ attention a potential conflict for our local counsel, Robert Fogarty of Hahn Loeser, which we describe in detail below. If DOJ or the City is of the view that this issue presents an actual or potential conflict that precludes Mr. Fogarty’s participation in the monitorship, Mr. Fogarty will withdraw from our team’s proposal. Hahn Loeser currently represents the Cleveland Botanical Garden (“CBG”) in Cleveland Botanical Garden v. Staci K. Worthington Drewien, et al., Cuyahoga County Court of Common Pleas, Case No. CV-13-781390 (the “Declaratory Judgment Action”). Mr. Fogarty is not personally involved in the matter. In the Declaratory Judgment Action, CBG has joined as defendants 39 parties and seeks declaratory relief as to three issues: (i) whether CBG’s use and operation of the current CBG Property in Wade Park is consistent with a certain public park use restriction imposed on the CBG Property by virtue of the original grant of Wade Park by Jeptha H. Wade to the City of Cleveland (the “City”); (ii) whether a certain fencing restriction applicable to the CBG Property constitutes a fee simple subject to a condition subsequent or a restrictive covenant; and (iii) whether all proper parties have been joined as defendants in the Declaratory Judgment Action. The City is a defendant in the Declaratory Judgment Action to the extent that the CBG Property is comprised of two sets of parcels: (i) a series of parcels leased directly from the City to CBG; and (ii) a set of parcels leased from the City to University Circle, Inc. (“UCI”), and subleased to CBG. In addition to CBG’s claims for declaratory relief, the City has asserted a Counterclaim against CBG (and Cross-claim against UCI) for declaratory judgment only requesting that in the event that the Court determines CBG to be in violation of the underlying Wade Park deed restrictions, that CBG and UCI be ordered to and afforded an opportunity to cure any such restrictions. CBG also named the United States was as a defendant, but only because it has a medical facility on property adjacent to Wade Park “that might arguably claim some benefit through continued enforcement” of the fence restriction. The United States, however, signed a Release and Modification of Certain Deed Rights that was recorded with the Cuyahoga County Recorded Documents Office on March 5, 2015. CBG voluntarily dismissed its claims against the United States on March 10, 2015. 35 The Declaratory Judgment Action and all claims related thereto have been temporarily stayed pending the parties’ ongoing mediation efforts with former Judge James McMonagle. Related to the Declaratory Judgment Action, CBG was named as a defendant in two lawsuits brought by a taxpayer on behalf of the City. See City of Cleveland ex rel. William G. Wade v. Cleveland Botanical Garden, Cuyahoga County Common Pleas Court, Case No. CV-14-827728 (the “State Taxpayer Action”); City of Cleveland ex rel. William G. Wade v. Cleveland Botanical Garden, United States District Court for the Northern District of Ohio, Eastern Division, Case No. 1:13-cv-02297-CAB (the “Federal Taxpayer Action”). The court in the Federal Taxpayer Action dismissed that case as a result of CBG’s motion to dismiss. The State Taxpayer Action has been formally stayed pending the outcome of the Declaratory Judgment Action. Hahn Loeser does not consider these matters to bar Mr. Fogarty’s participation with the Monitoring Team. The City’s involvement in this litigation is only as the lessor of the property to CBG. The City and CBG continue to negotiate with the Wade heirs to resolve these disputes. None of these claims has any relationship whatsoever with the issues that the Monitoring Team will be addressing. Further, CBG’s claims against the United States have been dismissed. And here too, these claims do not have any relationship whatsoever with the issues that the Monitoring Team will be addressing. Finally, Hahn Loeser will not be representing the City while serving on the Monitoring Team. Thus, Ohio Rule of Professional Conduct 1.7 does not apply. As we noted above, however, if either the DOJ or the City are uncomfortable with the facts associated with this matter and conclude that the facts preclude Mr. Fogarty’s participation in the monitorship, Mr. Fogarty will withdraw from this monitoring proposal. 36 VII. Estimated Costs Our monitoring team will offer its services at significantly discounted hourly rates for the duration of the project as set forth in Appendix A. The monitor, deputy monitor, local counsel and senior legal experts (“Senior Professionals” in Appendix A) will charge their services at a blended rate of per hour, which is well below their standard rates of per hour. Our junior professionals will charge er hour, and our information technology experts will charge per hour. Our senior police and academic experts will charge per hour. We will keep these rates the same for the five years of the monitorship. We will bill travel and lodging expenses at cost, and we will not bill for travel time. We include an estimate for travel and lodging for each year in Appendix A. Our estimate for “Data Fees” includes fees for data processing, hosting and analytics. These estimates may vary from the actual fees depending on the volume of data by gigabyte processed and hosted. We assume that the total data hosted will increase over the life of the monitorship, and account for that in our estimate. The analytics fees depend on the volume of data the analytics are applied to. We do not anticipate any expenses for the leasing of office space. Our estimate of fees and expenses is summarized in the following table: Fees Expenses Year 1 Year 2 Year 3 Year 4 Year 5 Total 37 Total We will agree to a cost-cap above which fees and costs will not be billed of for the five years. We plan to be on site in Cleveland every month during the term of the monitorship, but the precise number of days per month will be determined by the activities underway at the time. In Appendix A we include an excel spread sheet detailing our projections of the number of hours and the corresponding fees we anticipate devoting to the various tasks outlined in the Consent Decree by category of professionals. These projections are estimates and may ultimately vary as we develop our work plan in coordination with the DOJ, the City and the CDP, and perform out duties. It is difficult to project precisely how many hours will be spent on-site and off-site, but we expect to maintain a presence in Cleveland each month during the term of the monitorship. We have not included an estimate for the biennial surveys in light of the Consent Decree’s statement that the City and DOJ “will endeavor to secure private funding for the biennial community survey.” Consent Decree, p. 83, para. 362. 38 VIII. Core Team Biographies Throughout his career Billy Martin has served in numerous roles focused on oversight, investigations, management and litigation related to policing and other sensitive public integrity matters. He has worked with police as a partner, advisor, overseer, and facilitator and as a check on alleged excesses and abuses. Mr. Martin’s career in law enforcement began as a city prosecutor in Cincinnati in 1976, where he served as a partner and advisor on the legal principles that guide police work and the criminal justice system. Mr. Martin was later assigned to manage the Dayton branch of the United States Attorney’s office for the Southern District of Ohio and served as a resource for federal and local law enforcement agents in the Dayton area. While serving as a senior counsel on the Organized Crime Strike Force in San Francisco, Mr. Martin was assigned by the Department of Justice to serve as a special prosecutor in Anchorage, Alaska, leading a sensitive investigation and prosecution from which the United States Attorney for Alaska had been recused. In 1984 Mr. Martin moved to Washington D.C. where he became the Deputy Director of DC Superior Court Operations, the “local prosecutor” function of the District of Columbia, for the United States Attorney’s office. In that role he was responsible for oversight of all allegations of police abuse and wrongdoing, as well as review of all police shootings, and all homicide cases. While serving in that position in the mid to late 80’s, Mr. Martin oversaw numerous investigations of allegations of excessive use of force and other alleged misconduct. Mr. Martin was then appointed to be Executive Assistant United States Attorney for the District of Columbia, the third ranking law enforcement official in that office. In 1990 Mr. Martin left full time government service. However, he has maintained significant involvement in policing and integrity issues, representing government entities, police agencies and officers, and members of the community, in a variety of matters. Since entering private practice, in the District of Columbia, he has worked with Police Unions and individual officers in numerous instances of alleged misconduct. In 2001 Mr. Martin was retained by the City of Cincinnati for the Department of Justice’s investigation of the Cincinnati Police Department, concerning an alleged pattern and practice of excessive force. On behalf of the City, Mr. Martin monitored the drafting and implementation of new use-of-force and training policies and procedures. In addition, he negotiated a consent decree with the Department of Justice and worked with the Court appointed monitor of that consent decree, and assisted in coordinating a unique collaborative process to settle a number of civil lawsuits filed against the city which were a part of the justice Department’s investigation. 39 In addition to his extensive work with policing and police oversight, Mr. Martin has significant experience with highly sensitive matters concerning public integrity and public corruption. This experience includes representing elected officials and others involved in matters with high levels of public interest, including impeachment proceedings, ethics reviews, and criminal allegations. Most recently, in 2011, he was retained by a unanimous vote of the Committee on Ethics for the United States House of Representatives, as an outside counsel, to complete and resolve the investigation of a senior Member of Congress. That matter involved a review of substantive allegations of ethical violations, as well as allegations that the Committee itself had violated due process rights of the Congresswoman prior to his retention. While the matter had caused bitter partisan divisions prior to seeking outside counsel, Mr. Martin established excellent relations with all of the Members of the evenly divided Committee, and was able to work with the Committee towards their unanimously decided conclusion of the matter. Mr. Martin currently sits on the Board of the American Arbitration Association, and on the District of Columbia Sentencing Commission. Mr. Martin is also a recent past president of the Washington Bar Association and was recently selected as a fellow of the American Bar Foundation. In addition, Mr. Martin remains actively engaged in various associations, organizations and institutions promoting excellence, integrity and diversity in the legal community. Bar Admissions Ohio, 1976 U.S. Court of Appeals for the 9th Circuit District of Columbia, 1999 U.S. Court of Appeals for the DC Circuit U.S. Supreme Court U.S. District Court for the District of Columbia U.S. Court of Appeals for the 3rd Circuit U.S. Court of Appeals for the 4th Circuit U.S. Court of Appeals for the 6th Circuit U.S. District Court for the District of Maryland U.S. District Court for the Northern District of Ohio U.S. District Court for the Southern District of Ohio Honors and Awards Dr. Martin Luther King, Jr. Legacy Award for Advocacy and Justice – presented by the MLK International Salute Committee Recognized as a “Legend of the Bar” by the DC Bar Association American Trial Lawyers Association’s Top 100 Trial Lawyers National Law Journal’s 50 Most Influential Minority Attorneys Ebony Magazine’s Top Lawyers Black Enterprise Magazine’s Top Lawyers Washingtonian Magazine’s Top Lawyers Honorary Doctorate Degree from The University of Cincinnati Distinguished Alumni Award from Howard University Distinguished Alumni Award from the University of Cincinnati College of Law Inducted into the Martin Luther King International Board of Renaissance Leaders by Morehouse College Articles About Billy Martin “Billy Martin: Washington’s go-to lawyer when you’re in trouble. Real Trouble.” Washington Post, March 2015 (Sunday Magazine Cover Story). “Billy Martin: Washington’s Celebrity Lawyer” Washington Post, November 2013. “Follow-Up Interview with Billy Martin” Diversity and the Bar CLE Expo, June 2013. “Catching up with Billy Martin: One of the Top Criminal and Civil Trial Lawyers in the Country” Law Crossing.Com, May 2013. “DC Lawyer Known for High Profile Cases” USA Today, September 2007. “Billy Martin: Monica’s Minister of Defense” Time Magazine, August 1998. Professional Associations Washington Bar Association (Past President) National Bar Association American Arbitration Association American Bar Association Education J.D., University of Cincinnati College of Law, 1976 B.A., Howard University, 1973 USA Richard T. Faughnan Managing Director Investigations and Disputes richard.faughnan@kroll.com T +1 212.833.3274 EDUCATION & CERTIFICATIONS ■■ ■■ ■■ George Washington University, National Law Center, J.D., cum laude Rutgers College, B.A., magna cum laude Admitted to the Bar in New York and New Jersey PROFESSIONAL AFFILIATIONS ■■ ■■ ■■ American Bar Association Association of the Bar for the City of New York Federal Bar Council 600 Third Avenue 4th Floor New York, NY 10016 Richard T. Faughnan is a managing director with Kroll’s Investigations and Disputes practice, based in the New York office. Richard focuses on corporate investigations, monitorships and compliance matters. Richard joined Kroll from an international consulting company where he was co-leader of that firm’s Public Sector and Monitoring practice. Prior to this, Richard was an Assistant U.S. Attorney for the Eastern District of New York for more than thirteen years, where he served as Chief of the Public Integrity Section. During his time with the Eastern District, he directed numerous investigations and prosecutions into an array of criminal activity committed by corporations and individuals, including bank and securities fraud, mail and wire fraud, money laundering, bribery and federal tax offenses. Richard began his career as an Assistant District Attorney in Kings County, New York, where he served as Deputy Chief of the Appeals Bureau. Richard’s extensive experience as a federal and state prosecutor gives him a thorough understanding of investigations into a wide range of fraudulent conduct across industry sectors. PROFESSIONAL EXPERIENCE The following is a brief list of representative consulting engagements: ■■ ■■ ■■ ■■ ■■ ■■ Led integrity monitoring engagements overseeing multi-billion dollar government programs and infrastructure projects, as well as corporations in the construction, transportation, stevedoring, information technology and professional services industries. Co-led two internal investigations for foreign financial institutions into off-shore tax evasion. Led an internal fraud investigation for an international not-for-profit healthcare corporation in Africa. Led an internal fraud investigation for an international corporation into violations of the internal revenue code by former management. Led the financial investigation on behalf of a bankruptcy trustee of a commercial lending institution that defrauded its investors, as part of a Ponzi scheme, of more than $400 million. Led the financial investigation on behalf of a bankruptcy trustee of a commercial mortgage lending institution that defrauded other lenders, title companies and borrowers of more than $80 million. continued USA Richard T. Faughnan Managing Director Investigations and Disputes ■■ ■■ ■■ Led a construction fraud audit of dozens of construction projects for a major corporation. Co-led the team that assisted the New York City Department of Investigation in an investigation into a $500 million fraud scheme perpetrated by consultants working for the City to develop an automated timekeeping system for municipal employees. Co-led the team retained by counsel to the Audit Committee of a major public utility to conduct a company-wide review of their anti-fraud and other internal control and compliance functions following the indictment of a managerial-level employee by the Justice Department in a multi-million dollar kickback scheme. The following is a brief list of representative federal prosecutions: ■■ ■■ ■■ ■■ ■■ ■■ Directed the investigation and prosecution of the top executives of Allou Healthcare, Inc., for a $177 million bank fraud, securities fraud and insurance fraud, as well as for bribery, money laundering and obstruction of justice. Obtained guilty pleas from the Chief Executive Officer, the Chief Financial Officer, the Vice President and five other co-conspirators to charges ranging from conspiracy to commit bank fraud, securities fraud, honest services mail fraud and obstruction of justice, to securities fraud and money laundering. Directed the investigation and prosecution of a member of the New York City Council for demanding a $1.5 million bribe from a developer in exchange for the councilman’s political support for the developer’s multi-million dollar construction project. Obtained guilty pleas from the councilman and his co-conspirator to extortion. Directed the bribery investigation and prosecution of a federal contracting officer, and executives of the general contractor, a subcontractor, and the construction quality management firm on a $500 million federal construction project. Obtained guilty pleas from all defendants to bribery. Directed the investigation and prosecution of 20 New York City Plumbing and Boiler Inspectors, including the Chief Inspectors for Manhattan, Brooklyn, Queens and the Bronx, for extortion. Obtained guilty pleas from all defendants to extortion. Oversaw the investigation of eleven construction supervisors from a major public utility for receiving more than $1 million in bribes from a contractor on utility construction projects throughout New York City. Directed a series of investigations and prosecutions of construction companies, accountants and a labor lawyer for systematically evading their obligation to pay the prevailing wage to their workers pursuant to the Federal Davis Bacon Act and New York Labor law section 220. page 2 USA Richard T. Faughnan Managing Director Investigations and Disputes ■■ ■■ ■■ Conducted a series of investigations and prosecutions of construction companies for negligently causing the death of workers by willfully violating safety standards established by the Occupational Safety and Health Administration. Obtained guilty pleas from all defendants charged. Directed the investigation and prosecution of the principals of a foreign currency trading firm for a decade-long Ponzi scheme that defrauded investors of $100 million. Obtained guilty pleas from both principals to conspiracy to commit mail and wire fraud, and recovered nearly $30 million in forfeited assets. Participated in the investigations and prosecutions arising out of the assault of Abner Louima by officers of the 70th Police Precinct in Brooklyn. page 3 USA Joseph A. Spinelli Senior Managing Director Investigations and Disputes joseph.spinelli@kroll.com T +1 212.833.3334 EDUCATION & CERTIFICATIONS ■■ John Marshall Law School, J.D. ■■ Certified Fraud Examiner 600 Third Avenue 4th Floor New York, NY 10016 Joseph Spinelli is a senior managing director with Kroll’s Investigations and Disputes practice, based in New York. In a career spanning more than 30 years across both the private and public sectors, Joe has been a pre-eminent leader in multiple fields, including white collar investigations, anti-bribery and corruption, risk management, monitorships, criminal investigations and forensic accounting. Prior to joining Kroll, Joe was a managing director with an international consulting firm’s Global Investigations and Compliance Practice and its FCPA Anti-Bribery and Corruption practice leader. Formerly, Joe held numerous leadership roles with a Big Four accounting firm, where his contributions included founding the firm’s forensic practice in 1994; serving as Office Coordinating Partner for the Northeast, Public Services industry leader, and Healthcare Compliance National Partner-in-Charge; and leading monitorship engagements that included the post September 11th-Ground Zero recovery efforts at the World Trade Center and for the Diocese of Manchester, New Hampshire, child abuse case. In his 12 years with that firm, Joe also conducted numerous FCPA investigations in China, Korea, The Philippines and Vietnam. Joe’s earlier career in public service included eight years in the groundbreaking role of Inspector General for New York State. The first to ever hold this position, Joe led fraud and corruption investigations for state government agencies and authorities. During this time, he co-authored the N.Y. State Internal Control Act of 1987, which required state agencies to conduct risk assessments as part of a proactive approach to fraud prevention. Joe also served as Assistant Director of Criminal Justice for the State of New York, responsible for investigating criminal complaints and fraud allegations throughout state government. Joe started his career as a Special Agent for the Federal Bureau of Investigation. Based in both the New York and New Haven field offices, he was involved in several high-profile cases. Additionally, Joe has been an Independent Private Sector Inspector General for Miami-Dade County and an independent auditor for the Securities and Exchange Commission for two stock exchanges. In recognition of his exemplary achievements as a practitioner in the field of anti-bribery and corruption investigations, Joe has been selected to serve on numerous boards and commissions. These have included the Board of Regents of the Association of Certified Fraud Examiners, the world’s largest anti-fraud organization; Chairman of the New York State Commission on Public Integrity; and Chairman of the Audit and Compensation Committees for the New York Racing Association Board. Prior to Joining Martin & Gitner, Dan Schwager’s career has focused on corruption and ethics matters at the highest levels of government and in the securities industry and legal profession. Mr. Schwager has had a long and distinguished career in public integrity and ethics enforcement, with a particular focus on allegations concerning law enforcement officials and internal investigations. Mr. Schwager began his career in the New York County District Attorney’s office, where he was recruited to serve in the Official Corruption Unit, which focused solely on allegations of police misconduct in the NYPD and other local and state law enforcement agencies operating in Manhattan. In that time Mr. Schwager was responsible for reviewing and assessing every complaint filed with the Internal Affairs Bureau for the NYPD. He worked closely with the Internal Affairs Bureau on a variety of allegations, investigations, and prosecutions. Mr. Schwager was also a liaison to the Civilian Complaint Review Board. Mr. Schwager later served as a trial attorney in the Public Integrity Section of the Criminal Division of the Department of Justice, where he led task forces and investigations focusing on allegations against law enforcement officials, including criminal prosecutions of other federal prosecutors. In one instance, Mr. Schwager and his team were awarded the Attorney General’s award for Fraud Prevention for an investigation which discovered that serious allegations and evidence against a very senior federal law enforcement official had been fabricated in a sophisticated fraud perpetrated by a government informant. After the Justice Department, Mr. Schwager became counsel to the US Senate Select Committee on Ethics, where he provided ethics and compliance advice to Senators and their staff, and investigated allegations of misconduct. He was then chosen to be the Chief Counsel and Staff Director of the U.S. House of Representatives Committee on Ethics. As the only non-partisan staff director in the House, Mr. Schwager was hired by and advised both the Chairman and Ranking Member, and the other eight members of the bi-partisan (evenly divided) committee. During Mr. Schwager’s tenure as Chief Counsel every Committee vote was unanimous. Mr. Schwager has also served as a senior counsel in the Enforcement Department of the Financial Industry Regulatory Authority (FINRA) and as an adjunct associate professor of law at American University’s Washington College of Law, where he taught Legal Ethics. He has spoken at numerous forums on congressional ethics, corruption enforcement, and political law and has instructed federal law enforcement officers on law and best practices surrounding internal investigations. Throughout his career Mr. Schwager has earned a reputation for taking on the toughest matters and applying rigorous standards of diligence, integrity and professionalism. Speaking Engagements Panels: Government Ethics and Political Law, George Washington University School of Law, September, 2013 Compliance for Businesses and Congressional Staffers, McGuireWoods LLP, June, 2013 and May, 2012 Keeping Them Honest - In Government and Business, NYU School of Law, May, 2013 Implementation of the Stock Act, Ethics and Compliance Officers Association, May, 2011 Congressional Investigations, DC Bar Administrative and Regulatory Law Section, January, 2012 Congressional Ethics: Rules, Process and Enforcement, ABA Administrative Law and Regulatory Practice Conference – November, 2011 Congressional Ethics and Lobbying Compliance, McGuireWoods LLPJune, 201 Combating Public Corruption, the U.S. Experience, International Conference on Money Laundering and Organized Crime, Sao Paulo, BR – June, 2007 Combating Public Corruption, the U.S. Experience, Numerous Business, Student and Police Groups in Recife, BR - June, 2007 Individual Presentations: House Ethics and Spouses, Congressional Research Service New Members Conference January, 2013 Corruption and Ethics Enforcement in the U.S., Presentations to Foreign Delegations20052012 (numerous) Investigating Internal Agency Corruption Federal Law Enforcement Training Center 20052008 (numerous) Publications “Ethics Committees Take Their Missions Seriously, So Should Members of Congress and Their Staff” Roll Call, March 26, 2015 Bar Admissions New York, 1999 Education J.D., New York University School of Law, 1998 B.A., Bates College, 1993 William C. Nugent Senior Managing Director, Philadelphia Office Head +1 215 568 8090 bnugent@kroll.com 1835 Market Street, Suite 2950 Philadelphia, PA 19103 United States Bill Nugent is a Senior Managing Director with Kroll’s Investigations and Disputes Group and Head of the Philadelphia office. A former federal prosecutor, Bill manages a wide variety of complex assignments on behalf of governments, corporations, law firms and individuals. With more than 20 years of investigative and law enforcement experience, Bill is an expert in conducting major fraud-related investigations. Prior to joining Kroll, Bill served as an Assistant United States Attorney in the Eastern District of Pennsylvania for seven years, three of which were with the Organized Crime Strike Force, where he investigated and prosecuted a wide variety of federal criminal cases including economic and violent crimes, racketeering (RICO), money laundering, narcotics trafficking, and civil rights violations. Bill previously was a litigation attorney in the Philadelphia office of Wolf, Block, Schorr and Solis-Cohen where he handled white collar crime and civil fraud cases. Professional Experience ■■Fraud Investigations. After complaints of an alleged Ponzi scheme, Kroll was retained by a court-appointed receiver to conduct an extensive forensic analysis and investigation into a $100 million hedge fund. Bill and his team undertook an exhaustive effort to compile and analyze over 1,000,000 records relating to the defendants’ business dealings. This investigation included the reconstruction and analyses of transactional activity in excess of $825 million spanning a 10 year period. Kroll’s work assisted in the conviction and sentencing of the manager to 17.5 years in prison. ■■Corporate Internal Investigations. Bill has conducted complex internal investigations on behalf of numerous corporate clients on a wide variety of issues, including internal fraud, employee misconduct, theft of trade secrets, loss of proprietary data, network intrusion, and the misuse of company technology. In one case, Bill conducted an internal investigation for an international pharmaceutical company, investigating allegations of kickbacks, fraud and embezzlement. This investigation resulted in findings of fraud in excess of one million dollars and the termination of numerous employees. ■■Government Monitorships. The governor of Pennsylvania appointed Kroll, with Bill as the lead, to be the independent monitor of the Pennsylvania State Police. Bill’s team assisted in restoring public trust and confidence in the state police in the wake of a scandal involving a former trooper’s conviction for sexual assault, the filing of five related federal civil rights lawsuits alleging a widespread pattern of sexual harassment and sexual misconduct in the state police, and extensive media coverage — in all the major newspapers, television www.kroll.com William C. Nugent and radio stations in Pennsylvania, and on such national news outlets as CNN, MSNBC and Fox News — of the allegations contained in the lawsuits. www.kroll.com Mark J. Ehlers Managing Director +1 215 568 8305 mehlers@kroll.com 1835 Market Street, Suite 2950 Philadelphia, PA 19103 United States of America Mark Ehlers is a managing director in Kroll’s Philadelphia office. He manages a full range of Kroll’s services including corporate internal investigations, due diligence and fraud investigations, and corporate ethics and compliance monitoring. Mark has more than 28 years of combined legal, financial and investigative experience in the public and private sectors. Prior to joining Kroll, Mark served for 18 years as an Assistant United States Attorney, first in the District of Columbia, where he was part of a select group of prosecutors in the homicide and sex offense units, and later in the Eastern District of Pennsylvania, where he investigated and prosecuted a wide range of criminal offenses, including narcotics trafficking, racketeering (RICO), money laundering, corporate fraud, identity theft, tax violations, and numerous other economic and violent crimes. For eight years, Mark was part of the Organized Crime Strike Force in Philadelphia, where he oversaw the investigation and prosecution of affiliates of Russian, Asian and Italian criminal organizations. He previously was a private attorney in Washington, D.C., where he handled cases involving commercial, antitrust, trademark infringement, securities fraud and environmental disputes. Professional Experience » Corporate Internal Investigations. Mark has managed and conducted numerous internal investigations for corporations, governments, universities, and non-profit organizations, investigating legal and ethical violations, financial improprieties, thefts of company assets, damage to company property, corporate misconduct, and complex financial fraud. » Public Sector Investigations and Reviews. Mark has conducted and managed independent reviews of public sector clients ranging from state and local police departments, regulatory agencies, and public universities. In 2008, Mark managed a high-profile review of the North Carolina Highway Patrol’s hiring and selection process, ethical training and supervisory training protocols at the request of Governor Mike Easley, following media reports of trooper misconduct. Many of Kroll’s findings and recommendations were successfully implemented by the North Carolina Department of Crime Control and Public Safety. » Workplace Investigations. Mark has conducted numerous investigations involving allegations of discrimination and harassment in the workplace, and he has lectured on how to properly investigate claims alleging discrimination and a hostile work environment. He also has investigated death threats against company executives, bomb threats against company facilities, and conducted risk assessments for workplace violence and crisis management situations. » Due Diligence Investigations. Mark has provided numerous corporate clients with critical intelligence in support of financial transactions and executive hiring decisions » Litigation Support and Asset Searches. Mark has provided critical fact-finding in support of legal action and assisted in identifying hidden assets to satisfy judgments. Education & Certification » » » » » » » An Altegrity Company George Washington University, J.D., graduated with Honors Wittenberg University, B.A., graduated magna cum laude Department of Justice Special Achievement Awards (1992, 1993, 1995) DEA Special Recognition Awards (2000, 2002) FBI Special Recognition Awards (2003, 2006) IRS Special Recognition and Exceptional Service Awards (2006) Letter of Commendation from FBI Director Robert S. Mueller III ( July 20, 2006) www.krolladvisory.com Mark J. Ehlers MAJOR ACHIEVEMENTS, PUBLICATIONS AND PRESENTATIONS KROLL: CORPORATE INVESTIGATIONS / RISK MANAGEMENT Conducted six-month investigation into admissions practices and allegations of undue influence at The University of Texas at Austin on behalf of the Chancellor of The University of Texas System. Authored 101-page report of findings and recommendations, released to public on February 6, 2015. Lead investigator in a high-profile internal investigation of a University Advancement Office of a state university in the eastern United States concerning allegations of inappropriate sexual conduct and financial improprieties. Authored 25-page report of factual findings which included assessment of corroborating evidence and witness credibility. Managed and conducted investigation into security vulnerabilities and organizational deficiencies of a large police unit within a major metropolitan police department in the northeastern United States; authored 63-page report of findings and recommendations. Managed high-profile review of North Carolina Highway Patrol’s hiring and selection process, ethical training, and supervisory training protocols at the request of Governor Mike Easley following media reports of trooper misconduct in the summer of 2007; authored 45page report of findings and recommendations, many of which were successfully implemented by the North Carolina Department of Crime Control and Public Safety following issuance of the report on April 30, 2008. Conducted dozens of internal workplace investigations into allegations of fraud, theft, arson, sexual and racial harassment, and hostile work environment; drafted individual reports of investigation and advised organizations on appropriate resolutions. When requested, referred investigations to federal, state, and local law enforcement. Managed and successfully conducted numerous workplace threat investigations, including death threats against company executives, bomb threats against company facilities, and other workplace violence and crisis management situations; coordinated with law enforcement, and advised company management and counsel on appropriate responses. Managed review, development, and successful implementation of major aerospace company’s records management and electronic document retention program. Supervised independent security reviews, including updating crisis management and incident response plans for Philadelphia-based college and area companies. Managed multiple confidential internal and external investigations for corporate clients into alleged intellectual property theft. Managed and conducted internal organizational review and efficiency study of a local, South Jersey police department; authored 38-page report of findings, which were presented at public Council meeting on June 3, 2010. Managed and supervised numerous international due diligence investigations into potential acquisition targets and joint venture partners, with a particular focus on FCPA-related issues and red flags. Page 2 of 3 Mark J. Ehlers U.S. ATTORNEY’S OFFICE: MAJOR FEDERAL PROSECUTIONS Successfully prosecuted 25 members of a violent North Philadelphia drug gang, including guilty verdicts on 24-count indictment after eight week jury trial (Fall 2005) (U.S. v. Kaboni Savage, et al.). Successfully prosecuted 12 members of a Russian organized crime gang operating in Northeast Philadelphia and lower Bucks County of RICO conspiracy, extortion, drug trafficking, and insurance fraud; convicted lead enforcer following two-week jury trial (Summer 2003) (U.S. v. Leonid Chernyak, et al.). Successfully prosecuted and dismembered nationwide marijuana smuggling operation; convicted two hold-out co-conspirators following ten-day trial (Winter 2001) (U.S. v. Clifton Cato; U.S. v. Miguel Sosa-Rodriguez, et al.). Successfully prosecuted the principal officers of a management consulting company in a $1.1 million fraud/embezzlement scheme (Spring 2000) (U.S. v. Salvatore Pelullo, et al.). Successfully investigated and convicted at trial the mastermind of a $2.1 million, 23-count financial institution fraud scheme (Fall 1999) (U.S. v. James Simmons). Successfully prosecuted the owner and manager of nine illegal businesses resulting in payment of forfeiture of over $900,000 in unpaid taxes (Fall 1999) (U.S. v. Barnes, et al.). Successfully prosecuted and dismantled major cellular telephone cloning operation (U.S. v. Kevin Graves, et al.). Successfully prosecuted multi-million dollar food stamp fraud operation involving owners and managers of several area retail food stores (U.S. v. Nabih Matan, et al.). SPEAKING ENGAGEMENTS Witness Intimidation: Issues, Problems, Solutions, at U.S. Attorney’s Office, Eastern District of Pennsylvania, In-house Training Seminar, Philadelphia, Pennsylvania (June 2, 2006). Campus Security in a Post-Virginia Tech World, at Association of Community College Trustees, San Diego, California (September 28, 2007). How to Conduct a Proper Workplace Investigation, at Pennsylvania Chamber of Business and Industry, Valley Forge, Pennsylvania (April 24, 2009). How to Conduct a Proper Discrimination and Harassment Investigation, at Pennsylvania Chamber of Business and Industry, Harrisburg, Pennsylvania (September 24, 2009); Pittsburgh, Pennsylvania (September 30, 2009). Workplace Investigations: Basic Principles and Strategies, University of Cincinnati (March 28, 2014). PUBLICATIONS Note: The Marc Rich Case: Extension of Grand Jury Subpoena Power to Non-Resident Alien Corporations, 18 Geo. Wash. J. Int'l L. & Econ. 97 (1984). “The Chief Compliance Officer: The Need for Authority and Independence,” The Philadelphia Monitor (Kroll-Philadelphia Newsletter, Summer 2008). “Keeping Up with the Clery Act: Staying Ahead of Campus Security and Safety,” http://blog.kroll.com/2014/keeping-clery-act/ (Kroll Blog, November 3, 2014). Page 3 of 3 USA Jeffrey H. Cramer Senior Managing Director, Chicago Office Head Investigations and Disputes jcramer@kroll.com T +1 312.345.2755 0 +1 312.345.2750 F +1 312.345.2751 EDUCATION & CERTIFICATIONS ■■ Temple University Law School, J.D. ■■ Northeastern University, MBA ■■ ■■ State University of New York at Geneseo, B.A. Admitted to the Bar in Massachusetts and New York 311 South Wacker Drive Suite 6450 Chicago, IL 60606 Jeffrey Cramer is a senior managing director and head of Kroll’s Chicago office. Jeff joined Kroll in October 2009 following a distinguished career as an Assistant United States Attorney in the Northern District of Illinois, Eastern Division (2000 - 2009). While at the U.S. Attorney’s office, he served as senior litigation counsel where he was responsible for trial strategy and jury arguments in all criminal trials. Jeff has investigated a broad range of cases, including corporate fraud, organized crime, money laundering, RICO, foreign terrorist organizations, public corruption, securities fraud and regulatory and export violations. A 13-year veteran of the criminal justice system, Jeff began his career as a prosecutor in New York City from 1993-1997. In this capacity, he prosecuted federal and state trials, leading complex investigations into violent and white collar crimes, including homicides, public corruption, fraud and money laundering. After his tenure in New York, Jeff worked for three years at a major international law firm where he gained experience in litigation and real estate. Jeff has been an adjunct professor at law schools in New York, Boston and Chicago. Jeff has lectured on fraud investigations and related topics at the FBI Academy, and to agents/attorneys at the Securities and Exchange Commission, Secret Service, Department of Health and Human Services (HHS), Homeland Security, local law enforcement, and bar groups. Over the course of his career, he has earned commendations from the Director of the FBI, the Inspector General for HHS, and the United States Secret Service. He has led cases that were awarded the Federal Law Enforcement Investigation of the Year and National Health Care Anti-Fraud Association Investigation of the Year. Jeff has also received numerous awards from the Department of Justice, including the Director’s Award for Superior Performance by a Litigative Team, as well as the HHS Inspector General Integrity Award and the HHS Award for Excellence. Jeff was appointed a Special State’s Attorney for the prosecution of Drew Peterson. Peterson, a former police officer, was convicted of killing his wife. PROFESSIONAL EXPERIENCE ■■ Corporate Investigations Jeff has conducted and managed numerous cases for Kroll’s corporate clients, including complex fraud and embezzlement investigations, due diligence research, Foreign Corrupt Practices Act violations, securitiesrelated issues, theft of intellectual property, proxy fights and other discreet work. continued USA Jeffrey H. Cramer Senior Managing Director, Chicago Office Head Investigations and Disputes ■■ ■■ ■■ ■■ ■■ Cyber Crime Investigations Jeff has led numerous worldwide investigations involving data breaches. Jeff has worked with general counsel, boards of directors, outside counsel and law enforcement to determine the appropriate corporate response. Foreign Corrupt Practices Act As a prosecutor, Jeff investigated and prosecuted multiple defendants under the Foreign Corrupt Practices Act for paying bribes and kickbacks. One such case stemmed from bribes being paid to a foreign government worker by a U.S. software company. Jeff currently assists companies in establishing risk analysis on FCPA and other compliance topics. Jeff coordinates due diligence on foreign and domestic vendors to ensure his clients are aware of any issues. White Collar Crime Prosecutions Jeff was a member of the trial team that prosecuted fraudulent activity at Hollinger International leading to the conviction of Conrad Black and other top company executives and a foreign corporation in United States v. Conrad Black, et al. Jeff has also directed multiple investigations involving multimillion-dollar fraud schemes and securities violations in a variety of industries. Lottery and Gaming Jeff led Kroll’s engagements with the Illinois, Indiana, New Jersey and Pennsylvania State Lotteries that resulted in the hiring of private lottery managers in transactions valued at over $5 billion for the states. Jeff was responsible for ensuring transparency throughout the procurement process in Illinois and Indiana. He and his team coordinated a rigorous, international investigation of the corporate entities and individuals bidding for all four Lotteries. Jeff also participated in all public meetings for the contract bid and reported key findings in Illinois. Illinois Governor Pat Quinn announced, “Having a team of independent advisors was very important, especially knowing that it was led by a former federal prosecutor [Jeff Cramer] who examined the background of every bidder and ensured a fair process. This open process has allowed us to select the right organization to lead Illinois’ lottery into the future.” Healthcare, Hospitals and Biotechnology Fraud Prosecutions As a prosecutor, Jeff supervised the Department of Justice investigation and conviction at trial of Ronald Mikos in United States v. Mikos. The jury convicted the defendant of healthcare fraud, obstruction of justice and murder, resulting in the death penalty. Jeff has also investigated and prosecuted other healthcare and biotechnology matters, including medical kickback schemes and an international fraud related to synthetic humanized insulin. page 2 USA Jeffrey H. Cramer Senior Managing Director, Chicago Office Head Investigations and Disputes ■■ ■■ Regulatory Matters Jeff has investigated numerous regulatory matters, including illegal shipments of materials on the U.S. Munitions List which were being sent to prohibited countries in violation of export laws. Jeff prosecuted several individuals who were shipping unmanned aerial vehicle (predator drone) parts to Pakistan. Police Corruption Jeff led the team, through indictment, that prosecuted a former Chicago Police Department commander for actions related to the systematic torture and abuse of suspects. The defendant was later convicted at trial. page 3 USA Bob Huff Managing Director Compliance robert.huff@kroll.com T +1 949.383.0809 EDUCATION & CERTIFICATIONS ■■ ■■ Vanderbilt University School of Law, Juris Doctor University of Wisconsin – Madison, Bachelor of Business Administration, Finance EXPERTISE 555 South Flower Street Suite 610 Los Angeles, CA 90071 Bob Huff is a managing director in Kroll’s Compliance practice. Based in California, Bob focuses on serving as a subject matter expert as well as broadening Kroll’s presence in the western United States. He has more than 20 years of business development and practitioner expertise within compliance and investigations. He returned to Kroll in 2015, following senior leadership positions with Navigant and Aon. Bob was a managing director with Kroll’s Investigations and Disputes practice from 2001-2006, where he was responsible for leading engagements related to corporate investigations, business intelligence and investigative research. Following his departure, he was appointed managing director/global practice leader for the Corporate Investigative & Security Services Group of Aon Consulting. While with Aon, Bob built the firm’s global due diligence, investigations and security consulting services practices from the ground up. Most recently, he was a director with Navigant’s Compliance & Investigations Practice, where he helped clients address their anti-corruption technology and due diligence needs. Earlier in his career, Bob was a senior manager within E&Y’s Litigation Consulting Practice, a Special Agent with the FBI, and a practicing litigation attorney. ■■ Due Diligence ■■ Third Party and Vendor Screening ■■ Corporate Investigations ■■ Business Intelligence ■■ Foreign Corrupt Practices Act (FCPA) ■■ Anti-Money Laundering ■■ Corporate Transaction Due Diligence PROFESSIONAL EXPERIENCE ■■ Managed hundreds of civil and criminal investigations, including due diligence matters, both domestically and internationally. ■■ M&A Advisory Services ■■ ■■ ■■ ■■ ■■ Originated and led numerous complex internal investigations involving embezzlement, kickbacks, intellectual property theft, commercial bribery, harassment, threats and litigation support matters. Managed a team of forensic accountants on a large purchase price dispute litigation matter. Led investigations on numerous white collar criminal cases, including securities fraud, mail and wire fraud, money laundering, embezzlement, telemarketing and Internet fraud matters. Frequently speaks on topics involving anti-bribery and corruption, due diligence, investigations and security. Delivers expert testimony in court and before grand juries. Rodney David Monroe 2514 Arden Gate Lane Charlotte North Carolina 28262 Phone: 704-717-3080 E-Mail: rmonroe515@gmail.com OBJECTIVE: To provide professional and visionary leadership in law enforcement, while fostering trust and respect among the community and police to influence a reduction of crime and citizen fear. SKILLS: Over thirty-six years of overall law enforcement experience serving in various positions and overseeing a vast array of specialized commands, eventually serving as Chief of Police in several major cities. Over fourteen years’ experience as the Chief of Police for the Cities of Macon, Georgia; Richmond, Virginia; and Charlotte, North Carolina. For twenty-five years served as a seasoned manager with senior executive level experience for the District of Columbia Metropolitan Police Department, in law enforcement, financial planning, personnel logistics, major criminal investigations, planning and managing initiatives to implement Community Policing strategies and special events within three major police agencies. Planning, organizing, and managing major special events and criminal investigations involving multiple federal and local law enforcement agencies including, FBI, United States Secret Service, DEA, ATF, and United States Capitol Police. Coordinated and managed the 1995 Million-Man March and the 1997 Presidential Inauguration. Extensive experience in organizing communities and developing meaningful partnerships with residents, businesses, and faith-based organizations with a goal towards increasing citizen’s trust and respect, while reducing crime, improving the quality of life and reducing citizen’s fear level. EDUCATION: Bachelor of Science Degree, Criminal Justice, University of Phoenix Bachelor Degree, Interdisciplinary Studies, Virginia Commonwealth University Post Bachelor Certificate in Public Safety, Virginia Commonwealth University Graduate – George Washington University Center for Municipal Management Graduate – Federal Bureau of Investigation National Academy, Quantico, Virginia Graduate – Federal Bureau of Investigation National Executive Institute EXPERIENCE: 2008-2015 Charlotte-Mecklenburg Police Department Served as the Chief of Police for the city and county of Charlotte, Mecklenburg County, North Carolina with a population of over 800,000. Provided executive supervision of over 1,700, sworn officers along with a civilian support staff of 50. 2012 Democratic National Convention Oversaw the implementation and execution of strategic planning which involved dignitary escorts and security, special events, and protests while managing over 4,000 officers from around the country. Enhancement of Technology Established a Real Time Crime Center which capitalized on the ability to monitor over 900 surveillance cameras, both publically and privately owned. Launched a social media network to serve as a critical resource which enabled the department to broadcast important information directly affecting the safety of the community. Implicit Bias Training Implemented Implicit Bias training to increase officers’ sensitivity to diversity by integrating practical applications into other training modules such as community policing, juvenile law, and domestic violence. Achieved an average crime reduction of over 10% each year in both violent and property crimes. In 2011, achieved the largest homicide reduction in over twenty-five years with an average closure rate above 80%. Major Achievements Established strong partnerships within the community which increased citizen participation in problem identification and solutions of quality of life issues. Increased participation in the Citizens Academy and community volunteers programs. Established Leadership Councils to develop community leaders for assisting in developing community based crime reduction strategies. Established 24 new Neighborhood Watch Programs and 8 new Business Watch Programs in FY 2011. And developed several educational awareness initiative to improve the communities understanding of various aspects of law enforcement operations and increase citizen participation. These efforts ultimately supported and drove our crime reduction efforts. They were also essential in the Department achieving the highest rankings ever in the annual Citizen Survey. Realigned critical services to correspond with the community needs and service delivery. Successfully, solicited funding for numerous community and departmental initiatives to support crime reduction efforts. Continued to support and fund various technology projects to enhance our abilities to identify, monitor, and deploy resources to maximize our officer’s time and efforts. Predictive analytics, mapping systems, in car dashboard systems that allowed for immediate information on crime, wanted persons, and trends to be seen instantly. Achieved a reduction in crime for seven straight fiscal years which included: • 5.2% reduction in rate of Part One crimes per 100,000 population • 97.37% of DNA evidence in priority cases analyzed in 10 days or less • Dismantling of 730 Murder Mob Gangs. • 92.5% of 911 calls answered in 10 seconds or less • 74.2 reduction in recruit training accidents (reduced from 31 to 8) 2005 -2008 Richmond Police Department Served as Chief of Police for the city of Richmond, Virginia, serving a population of approximately 200,000 residents that swells to over 400,000 during work week, with over 750 sworn and 250 civilian personnel. Major Achievements Created greater accountability for delivery of services by structuring the department into smaller police sectors. Created a dedicated homicide unit to focus primarily in the investigations of homicides, which has led to a 72%-82% closure rate for 2005, 2006, and 2007. Reduced violent crime by over 22%, lowest crime rate in twenty-five years. Reduced homicides in each of my three years as Chief, 2007 by 33%. Created a “Cooperative Violence Reduction Partnership” (CVRP) involving federal, state, and local law enforcement, prosecutorial and correctional agencies, working towards reduction of violent crime within the city, CVRP initiative selected as a finalist for the prestigious IACP Webber-Seavy Award in 2007. Conducted problem solving sessions across the entire city, bringing residents, businesses, schools, and other agencies together to identify and develop action plans for addressing neighborhood crime and quality of life problems. Instituted a Police Cadet Program in partnership with Virginia Commonwealth University, which has reduced vacancies within organization and fostered relationships with youth within the city. Created strong emphasis towards violence reduction among youth and young adults. Created a Force Investigation Team along with enhanced Use of Force Training (60% reduction in police uses of force). Instituted various new technology initiatives within the department. • Law Enforcement Analytics (Received prestigious Gartner BI Excellence Award) • Implementing a regional Records Management System (LINX) • Implemented new Computer Aided Dispatch system. 2001-2005 Macon Police Department Served as the Chief of Police for the City of Macon, Georgia serving a population of approximately 100,000 citizens. Managing a force of 400 members divided amongst six areas, Support Services Division, Management Services Division, Patrol Services Division, Youth and Intervention Services Division, Communications and Office of Internal Affairs. Major Achievements Re-deployed an additional 22% of personnel back into the community to enhance our ability to work in closer partnership with residents and businesses to address their neighborhood problems and concerns. Twenty-two additional Neighborhood Watch and Business Associations were established. The efforts led to a 4% and 5% reduction in part one crimes and a 17% reduction in calls for service. Secured over five million dollars in Federal grants youth intervention programs. Established a Nuisance Abatement Task Force to address quality of life issues facing many neighborhoods. The efforts led to the enhancement of abating properties used for illegal drug activity, removal of abandon vehicles, increased street lighting and greater conformance with city ordinances and codes regarding nuisance properties. The efforts of the Task Force resulted in significant crime reductions and a reduction in repeat calls for service. Enhanced our technology abilities by upgrading our Computer Aided Dispatch system, implementing a Records Management System, and creating a state of the art Tactical and Crime Analysis system. Instituted legislation to create a False Burglar Alarm ordinance to reduce Department’s calls for service. Obtained a federal grant to institute a faith-based initiative that involved over 65 local churches and other social service providers. Created partnerships with Probation and Parole Agencies to better manage persons on various forms of conditional release. 1979-2001 Metropolitan Police Department 2000-2001 Assistant Chief of Police –Office of Youth Violence Assistant Chief in charge of citywide coordination for developing and implementing strategies for the reduction of violence among youth, gangs, and crews within neighborhoods and schools. Extensive experience in organizing and developing partnerships with various faith- based and community organizations and other local and federal agencies, coordinating efforts to stem the tide of youth violence. 1999-2000 Regional Operations Command East District Commander in charge of the Sixth District Police Headquarters located within the southeast section of the city. Responsible for the management, supervision and oversight of police operations for over 87,000 residents served by 386 police personnel. In partnership with the community, we were responsible for developing and implementing strategies, programs and various initiatives to address crime and disorder to include: - Homicides Major Crimes Community Partnership Building Problem Solving Training - Sex Offenses Crime Scenes Prisoner Processing Major Achievements Developed police and community initiatives to obtain a 23% reduction in crime in the worst police district within the city. Established numerous youth and senior citizen programs. Maintained an optimal level of morale among officers and citizens, which achieved the highest crime reduction rate citywide during 1999. 1998-1999 Assistant Chief of Police- Support Services Bureau Assistant Chief in charge of all major criminal investigations, special operations, Mayor’s Executive Protection, and Youth and Family Services department-wide, to include: - Homicides - Sex Offenses Armed Robberies - Kidnapping Child Abuse - Witness Protection Check and Fraud - Harbor Patrol Explosive Ordinance Unit - Evidence Technicians Emergency Response Team Protection of President and Foreign Dignitaries Major Achievements Managed the implementation of a new Operating Model for the Homicide Branch, developed procedure for Mayor’s Executive Security Detail. 1997-1998 Assistant Chief of Police-Patrol Services Assistant Chief in charge of all seven Patrol Districts. Oversaw day-to-day operations of 2,600 officers and detectives in providing superior police service to the community. Additionally, established and implemented policies and directions governing Vice Operations, Community Outreach efforts, affecting atrisk youth, senior citizens and business. Major Achievements Lead the development and implementation of a new Operating Model for Patrol Districts. A model that totally revolutionized the way patrol officers interacted with the community, as well as addressed crime problems and citizens’ concerns. Developed and department-wide evaluation system to measure the effectiveness of police operations. Worked extensively with community leaders in drafting and implementing initiatives in response to community concerns. As Bureau Head, while administering and managing the new model, the department achieved an unprecedented 24% reduction in overall crime, as well as 24% reduction in homicides. Responsible for developing and administering an operating budget of $200 million dollars. 1995-1997 Commanding Officer – Special Operations Division (Inspector) Commanding Officer in charge of all Specialized Units to include: - Traffic Division Special Events Warrant Unit - Emergency Response Team - Explosive Ordinance Unit - Harbor Unit Major Achievements Planned, organized and managed all facets of the 1995 Million-Man March; an event that required coordination between 20 law enforcement agencies and a host of other private and quasi-government entities. The event necessitated the deployment of the entire 3,600-emember department. Security Commander for the 1997 Presidential Inauguration. Planned, organized and coordinated security arrangements for all events surrounding the 532rd Presidential Inauguration. Facilitated the coordination of activities with United States Secret Service, Capitol Police, United States Park Police and several other local and national law enforcement agencies. Testified before Congress on the Departments’ handling of major and critical events. 1992-1995 Captain – Branch Commander Special Tactics Branch Captain responsible for managing hundreds of critical incidents, many involving hostage and barricaded individuals. Lectured nationally on Hostage Negotiations. 1989-1992 Executive Assistant to the Chief of Police responsible for providing technical assistance and administrative management of the day-to day departmental operations and special projects. 1986-1989 Administrative Lieutenant for the Patrol Services Assistant Chief of Police 1984-1986 Sergeant-Special Events and Helicopter Branch 1982-1984 Detective-Second Patrol District 1980-1982 Officer-Plain Clothes Unit-Second Patrol District 1979-1980 Patrol Officer-Uniformed Patrol-Second Patrol District MEMBERSHIPS: Board Member Board Member Board Member Member Member Member Member Member AWARDS: – Juvenile Justice Coordinating Committee – Catholic Youth Organization – YMCA - Juvenile Drug Court Team - National Organization of Black Law - Enforcement Executives - N. C. Association of Chiefs of Police - International Association of Chiefs of Police - N.C. Governor’s Crime Commission Recognition from several community and faith-based organizations: 2015 Hornet’s Community Hero Award 2014 Man of the Year Award - National Association of Negro Business and Professional Women's Club 2014 President’s Award – Johnson C. Smith University Recipient of IACP Webber-Seavy Award for outstanding crime reduction efforts for 2006 and 2007 Lou Reiter currently is a police consultant. He offers three separate professional services to the law enforcement community. He provides training to police groups in the high liability areas of use of force, emergency vehicle operations, high risk operations, investigations of citizen complaints, Internal Affairs procedures, investigation of critical incidents, and liability management. He will normally conduct 24-30 of these programs per year ranging from 2.5 to 5 days in length. The primary seminars are a 2.5 day program on Internal Affairs and Police Discipline and a 5 day program on investigation of police use of force incidents for the Public Agency Training Council, Indianapolis. Mr. Reiter has been a national instructor for PATC for nearly 20 years. Each year nearly 1,000 police practitioners will attend these training programs. He is Director, Internal Affairs Institute, and Co-Director, Legal and Liability Risk Management Institute. Each year, Mr. Reiter also conducts an average of 3-5 agency management audits and liability assessments. These have been for state, county and municipal police operations. The size of these agencies has been from 3 to 39,000 employees. These audits allow him to be in police cars up to 100 hours each year. He has been a consultant on 8 U.S. Department of Justice, Civil Rights Division, Special Litigation Section, investigations of agencies involving patterns and practices of Constitutional violations. He was selected in 2003 as the Federal Court monitor for the Consent Decree of Collin v. Ventura County Sheriff’s Department, CA. Mr. Reiter provides litigation consultation to law firms involved in police civil actions. Since 1983, Mr. Reiter has been retained in over 1,100 such cases in nearly every state plus the District of Columbia and Puerto Rico. This has been in both federal and state courts on both sides of disputes with approximately 60 percent being for plaintiffs. Mr. Reiter was a member of the Los Angeles Police Department from 1961 to 1981. During that tenure he had 22 different assignments and rose through to ranks to retire as Deputy Chief of Police. About 70 percent of his time was spent in uniformed operations while the bulk of the remainder was in Internal Affairs, use of force review, training and personnel administration. Mr. Reiter has been published throughout his professional career. He was one of the principle researchers and authors of the 1973 Police Task Force Report of the National Advisory Commission on Criminal Standards and Goals, where he authored the chapters on Internal Discipline, Training and Management-Employee Relations. In 1993 he authored and published the Law Enforcement Administrative Investigations: a manual guide; the second edition was dramatically expanded and published by the Public Agency Training Council in 1998; and the third edition in 2006. In 2013, Mr. Reiter published his first fiction novel about a police consultant and cases of police misconduct: Broken Badges: Cases from Police Internal Affairs Files. Publications Law Enforcement Administrative Investigations, a manual/guide. This comprehensive 120 page manual was first published by Lou Reiter & Associates in 1993. The 2nd edition was published in 1998 and is an expanded version with several guest author chapters and contains over 300 pages in a ‘nuts and bolts’ method of presentation for practitioners. The Third Edition was published in November, 2006, by the Public Agency Training Council. Broken Badges: Cases from Police Internal Affairs Files, a fiction novel, Lou Reiter, Deeds Publishing, November 2013 “Five Issues that Might Protect Your Agency from a ‘Ferguson’” LLRMI/PATC Legal Update, December 2014 “What’s the best way for cops to report and monitor ‘stop, question and frisk’ citizen encounters?” LLRMI/PATC Newsletter, September, 2014 “Conducting Covert Investigations, Integrity Tests, and Financial Investigations on Law Enforcement Employees – Part 1 and 2,” Rothlein/Reiter, LLRMI publication, March/May, 2014 “Off Duty Officers Arrested for DUI/OWI: An Employment Decision,” LLRMI/PATC Newsletter, January, 2014 “Chemical Testing of NYPD Officers Involved in Shooting Incidents: Lynch v. City of New York,” LLRMI/PATC Newsletter, December, 2013 “The cop who’s a sexual predator,” co-authored with Steve Rothlein, LLRMI/PATC newsletter, October, 2012 “US Supreme Court: Private actor hired by governmental entity for Internal Affairs investigation gets treated as government official for purposes of Qualified Immunity: Filarsky v. Delia 2012,” The Local Government Liability Beat, Local Government Risk Management Services, Inc., GA, June, 2012 “REESTABLISHING SCHEDULED INSPECTIONS/AUDITS OF POLICE HIGH RISK, HIGH LIABILITY TASKS,” LLRMI/PATC newsletter, April, 2012 “The Search for Witnesses in Law Enforcement Administrative Investigations,” LLRMI/PATC newsletter, April, 2012 “The Need for an IA/OPS Audit,” LLRMI/PATC newsletter, March, 2012 “Employees Posting Material or Comments that Adversely Affect Agency – Legal Question Answer,” LLRMI/PATC newsletter, March, 2012 “Occupy and Beyond: Practical steps for reasonable police crowd control,” LLRMI/PATC newsletter, December, 2011 “The Social Network and public safety employees: the good; the bad; and the ugly,” LLRMI/PATC newsletter, March, 2011 “Narcotic/Special Enforcement Unit Control and Audit,” Lou Reiter, Stephen Campbell and Steve Rothlein, LLRMI/PATC newsletter, August, 2010 “From the United States Supreme Court Search of Officer’s Text Messages from Department Issued Pager was Reasonable,” Lou Reiter/Jack Ryan City of Ontario v. Quon, 560 U.S.___ Slip op. 08-1332 (2010), LLRMI/PATC newsletter, July, 2010 “Nepotism and Fraternization in Public Safety Agencies,” LLRMI/PATC newsletter, July, 2010 “Brady: The Next Step for Law Enforcement Agencies,” LLRMI/PATC newsletter, January, 2010 “Garrity and the Civilian Review Board,” LLRMI/PATC newsletter, August, 2009 “Must you tape and transcribe interviews in administrative investigations?” LLRMI/PATC newsletter, August, 2009 “The Economy and Unexpected Employee Problems,” LLRMI/PATC newsletter, June, 2009 “Are Your Internal Affairs Reports Confidential?” LLRMI/PATC newsletter, December, 2007 “Domestic Misconduct Involving Public Safety Employees,” LLRMI/PATC newsletter, 3 Parts, June, 2007 “Handling Sexual Misconduct by Public Safety Officers is a Job for Us, Not the Courts,” LLRMI/PATC newsletter, August, 2007 “Conduct Unbecoming: Sex, videotapes, the Internet and police misconduct,” Public Agency Training Council Information, April, 2007 “Procedural Time Limits in Administrative Investigations - Absolutes,” The Local Government Liability Beat, Georgia Risk Management, March, 2007 “Sex, Videotapes, the Internet, and Police Misconduct,” Law Enforcement Executive Forum, Illinois Law Enforcement Training and Standards Board of Executive Institute, Western Illinois University, 2007 “Are You Providing Reasonable Training and Policy Direction on the Handling of the Mentally Ill and Emotionally Disturbed Persons,” LLRMI/PATC newsletter, September, 2006 “Preparing a Defense in Law Enforcement Litigation: A Formula for Law Enforcement,” LLRMI/PATC newsletter, August, 2006 “Conduct Unbecoming: Still a Viable Discipline Charge,” LLRMI/PATC newsletter, June, 2006 “Common Questions About Law Enforcement Administrative Investigations,” LLRMI/PATC newsletter, March, 2007 “Administrative Insight: A Key to Defending Your Decisions for Administrative Investigations,” Law Enforcement Risk Management Legal Update, Summer, 2006, LLRMI/PATC “Preparing a Defense in Law Enforcement Litigation: A Formula for Law Enforcement,” Public Agency Training Council Information, August, 2006 “The Search for Witnesses in Law Enforcement Administrative Investigations,” LLRMI/PATC newsletter, September, 2005 “Rhode Island’s Law Enforcement Officers Bill of Rights Needs a Fresh Look,” Providence Journal OpEd article, July, 2005 “The Need for an IA/OPS Audit,” LLRMI/PATC newsletter, March, 2005 “Creating Reasonable and Defensible Discipline,” Commission on Accreditation for Law Enforcement Agencies, Inc., Newsletter, November, 1996. “Timesharing With Your Subordinates,” Florida Police Chief, April, 1984. “Police Agencies Need Shooting Policy,” Tallahassee Democrat, September 27, 1982. “Truth About Miami Is Down in the Streets,” Tallahassee Democrat, December 27, 1982. “Police Recruitment in the 80's - Crisis or Opportunity?” Western City, May, 1981. “Civil Detoxification in Los Angeles,” Police Chief, August, 1981 “Professional Police,” California Peace Officer, 1980. “The Elected Public Official Views Police Professionalism,” California Peace Officer, 1980. “A Footbeat Officer’s View of Police Work,” Journal of California Law Enforcement, October, 1979. “A Day With Sergeant Maynard Jones,” Police Chief, April, 1979. “Field Sergeants’ Administrative Time Utilization,” Journal of California Law Enforcement, unknown date. “Make Your Meetings Successful,” Journal of California Law Enforcement, April, 1979. “Ways To Get That Paper Out Now, Faster and Better,” Journal of California Law Enforcement, October, 1978. “Internal Discipline,” “Training,” and “ Management-Employee Relations,” Police Task Force Report, National Advisory Commission on Criminal Justice Standards and Goals, United States Department of Justice, U.S. Printing Office, 1973. Webinar Presentations Beyond Occupy: Reasonable demonstration control methods 2012 Brady/Giglio and its implications for law enforcement 2012 Garrity and compelled statements of public employees 2012 Sexual misconduct: 3 essential control and defense elements 2013 How to audit your IA/OPS operations 2013 Making defensible employee discipline 2013 Discipline matrix vs. individualized employee discipline 2013 Social media use by public safety employees 2013 Administrative interviews of public safety employees 2013 Domestic misconduct involving public safety employees 2013 Brady/Giglio update 2014 Compelled statements: the plain truth 2014 Legal Update: Internal Affairs and Officer Misconduct 2014 For more than 20 years, Natashia Tidwell has developed and honed extensive expertise in law enforcement practices as a police officer, federal prosecutor, and as an academic. Since 2011, Professor Tidwell has served as both an advisor to the Commissioner of the Cambridge Police Department as well as a two-time mayoral appointee to a board tasked with ensuring fairness and thoroughness in the internal affairs process for the Boston Police Department. Professor Tidwell began her career in law enforcement in 1993 when, as a newly-minted police officer in Cambridge, Massachusetts, she joined the burgeoning community policing movement as the first school resource officer in the city’s only public high school. Upon her promotion to sergeant, Professor Tidwell was assigned as a detective in the Internal Affairs Division. Whereas her work as a school resource officer relied on fostering trusting relationships directly with the community, her tenure in internal affairs focused on the critical role internal accountability and a fair and equitable disciplinary process have in the perceived legitimacy of a police department in its community. As a member of the Internal Affairs Division, Professor Tidwell managed a caseload that included the investigation of a fatal police-involved shooting and allegations of excessive force. While navigating constitutional safeguards and collective bargaining agreements, she interviewed countless sworn officers and assisted in the development and implementation of the department’s progressive discipline and early intervention policies. In addition to her investigative and development roles in the Internal Affairs Division, Professor Tidwell conducted periodic audits to ensure compliance with existing rules for the use and reporting of deadly and non-lethal force. After several years in the Division, Professor Tidwell rose to become the first female lieutenant in the history of the Cambridge Police Department. As a lieutenant, she served as Police Academy Director, where she coordinated the department’s training curriculum and participated in the review and re-drafting of numerous policies and procedures. After earning a law degree, summa cum laude, while serving as a sergeant and lieutenant in the Cambridge Police Department, Professor Tidwell was selected as one of seven applicants nationwide to serve in the Criminal Division of the Department of Justice as a member of the prestigious Attorney General’s Honors Program. As a trial attorney in the Public Integrity Section, Professor Tidwell supervised investigations and litigated public corruption matters throughout the Country on behalf of the United States, including cases of bribery and police perjury. In 2010 Professor Tidwell left government service to accept a full time position as an Associate Professor of Law at New England Law Boston. Her teaching and research interests reflect an avid interest and expertise in law enforcement and policing. In addition to doctrinal courses in Criminal Procedure and Evidence, she developed and teaches a seminar course that explores the relationship between police and inner-city communities with particular focus on excessive force, “stop and frisk,” and other constitutional issues. She has also researched and published scholarship relating to community policing and procedural justice. In addition to her teaching duties, for the past four years, Professor Tidwell has served on the City of Boston’s Community Ombudsman Oversight Panel. As an Ombudsman, she has reviewed dozens of internal affairs investigations and issued recommendations to the police department for improvements in the investigatory process as well as refinement and clarification of its use-of-force reporting requirements. Professor Tidwell is currently working with Boston city officials and the community on an objective feasibility study of expanding the scope of the oversight panel’s duties beyond case review and oversight to include independent investigations, disciplinary recommendations, and a mediation component. Recent Speaking Engagements Panelist, “Black and Blue: The Relationship between the Boston Police Department & Communities of Color,” Boston, MA (April 2015) Panelist, “Town Hall Forum: Police Oversight in the City of Boston,” Boston, MA (January 2015) Panelist, “Ferguson Reality Check: Know Your Rights,” Harvard Law School, Cambridge, MA (October 2014) Panelist, “Federalist Society: Supreme Court Review,” New England Law Boston, Boston, MA (September 2014) Publications Fragmenting the Community: Immigration Enforcement and the Unintended Consequences of Local Police Non-Cooperation Policies, 88 St. John’s L. Rev. 105 (2014) Bar Admissions Massachusetts, 2003 Education J.D., New England School of Law, summa cum laude, 2003 B.A., University of Massachusetts (Boston), 1999 USA Timothy V. Horner Managing Director and Security Risk Management Practice Leader thorner@kroll.com T +1 212.833.3366 F +1 212.593.2631 EDUCATION & CERTIFICATIONS ■■ ■■ ■■ ■■ Long Island University, MBA, Finance Adelphi University, BA, Business Administration and Management FBI National Academy, Virginia Secret Service Law Enforcement Training Program, Washington, D.C. 600 Third Avenue 4th Floor New York, NY 10016 Tim Horner is a managing director in Kroll’s New York office and leads the Security Risk Management practice. Kroll’s Security Risk Management practice provides clients with comprehensive coverage for myriad security risks through the resources and services of our Security Design & Engineering, Security Consulting, Operational Security Services, and Resilience Consulting teams. With over three decades of security and law enforcement experience, Tim specializes in security consulting, crisis management and investigations for Kroll’s individual and corporate clientele. Tim brings to his clients a deep knowledge of the development, implementation and conduct of investigations, compliance programs, threat management, travel security and executive protection. Tim joined Kroll in 2001 after a distinguished career with the New York City Police Department retiring as a Captain. During his tenure he served in numerous commanding officer level positions within the Intelligence, Detective, Internal Affairs, Community Affairs and Patrol Divisions. In these positions he implemented security measures in response to credible threats against public officials, dignitaries and government properties, and coordinated protection details for high-profile dignitaries and New York City events. Tim coordinated a wide variety of criminal investigations, including highly confidential intelligence investigations, homicide and white-collar crimes, involving local, state, federal and international law enforcement agencies. He has implemented proactive crime prevention, community outreach and crisis response strategies for the City of New York. In addition, he managed the NYPD’s security consulting division that provided expert security advice to government agencies, corporations and private individuals. PROFESSIONAL EXPERIENCE ■■ Security Consulting Tim has provided security consulting for hundreds of Kroll’s clients, ranging from large multinational corporations to private individuals. Tim has provided consulting services ranging from corporate master security plans to executive threat assessments for the CEOs of Fortune 100 companies. Additionally, he has an extensive private client practice in which he handles security issues for individuals and families. continued USA Timothy V. Horner Managing Director and Security Risk Management Practice Leader ■■ ■■ ■■ Crisis Management Tim has responded to corporations’ crisis management needs around the world. These crises have included employee extractions in Lebanon and an emergency extraction of employees in São Paulo after a major demonstration. Tim also handled Kroll’s corporate response to hurricanes Katrina and Ivan by placing security and emergency response personnel on the ground within days of the destruction from these natural disasters. Threat Management Tim has handled myriad threats to clients in a systematic, controlled, confidential and secure manner. He investigates the source of the threat and advises the client on the most appropriate and effective form of response and resolution. Executive Protection Tim provided Kroll’s immediate emergency response service to a major corporate client. Contacted on a Saturday afternoon after three employees’ homes were fire-bombed the night before by activists, Tim coordinated a response consisting of crisis consulting, threat management, security consulting and executive protection. These same executive protection measures were provided the next day at over a dozen other corporate locations and continued 24 hours a day for over three months. page 2 Cathleen P. Peterson Cathleen Peterson Senior Vice President, Consulting, Client Services and Operations Cathleen Peterson is senior vice president of Kroll Ontrack Consulting, Client Services and Operations. In her role, Peterson is responsible for the strategy, growth and delivery of the client experience, and overseeing the day-today functions of client services and operations, as well as a full range of consulting services, including collection services, ESI consulting and review services. Prior to joining Kroll Ontrack, Peterson was of counsel and the legal director of discovery analytics and review services for Orrick, Herrington & Sutcliffe LLP, Cathleen P. Peterson Senior Vice President where she consulted with clients and case teams on technology and all aspects of ediscovery, led the development of the firm's search analytics team and Consulting, Client Services and Operations expanded discovery service offerings leveraging advanced technologies. Included in her many accomplishments, she designed, built and grew one of 952.906.4904 cathleen.peterson@krollontrack.com largest and most successful document review centers on the East Coast, deploying kCura's Relativity platform. Before joining Orrick, Peterson served as Counsel at WilmerHale, with an emphasis on large-scale SEC inquiries, complex litigation and internal investigations. Peterson earned a Bachelor of Arts in Political Science from the University of Utah and a Juris Doctor from the University of Pennsylvania. www.krollontrack.com Robert J. “Bob” Fogarty Bob Fogarty’s distinguished 33 year legal career in the Cleveland community qualifies him as a valuable team member in overseeing the Consent Decree. He has earned the trust and respect of Fortune 500 companies, the courts, and the legal community for his litigation skills in gathering and analyzing complex facts and data and presenting them in clear and concise written and oral reports. As a leader and manager of one of Cleveland’s oldest and most respected law firms, he is knowledgeable of Cleveland issues and conditions. Mr. Fogarty’s litigation career and experience in working with governmental agencies began in 1979 when he was appointed as an Assistant United States Attorney for the Southern District of Ohio. As an AUSA, he worked with federal law enforcement investigators and agencies in prosecuting numerous federal crimes. He also served as the chief civil trial lawyer in his office defending federal officers and agencies and earned commendations for his work. In 1982, Mr. Fogarty joined the now-95 year old Cleveland law firm of Hahn Loeser & Parks LLP—a firm founded on principles of diversity. Since 1990, he has lead and co-managed the litigation area of the firm, its largest practice group. For 16 years, he served on its Board of Directors. Over the course of his 33 years with Hahn Loeser, he has become recognized as one of the top commercial trial lawyers in Ohio and earned the highest rating for ethics. He has extensive experience representing individuals and Fortune 500 companies in complex matters in federal and state courts throughout the United States, as well as in arbitrations and mediations. That experience includes complex commercial, class action, healthcare, antitrust, employment, and tort litigation, as well as Ohio civil rights laws. He is skilled in rooting out key facts, reviewing and analyzing voluminous documents and electronically-stored data, and synthesizing that information into clear and concise reports to both his clients and courts, as well as other stakeholders. He routinely leads internal and external investigations for his clients and supervises experts and litigation teams. He is a proven effective communicator to both the public and courts and has extensive experience representing clients in federal courts in Cleveland. Mr. Fogarty’s legal practice has given him a deep understanding of both the federal and Ohio rules of civil procedure and evidence. His clients rely on him to lead and manage multi-million dollar litigation budgets effectively and efficiently and ensure that all deadlines are met. As just one example of his experience, Mr. Fogarty recently defended a class action lawsuit brought against his Fortune 500 client in which the plaintiffs sought $1 billion in damages. The case involved thousands of documents and multiple expert and lay witnesses. Over twenty Hahn Loeser attorneys and paralegals assisted in the defense as part of a multi-million dollar litigation budget. Following a week-long bench trial, the court entered a defense verdict. Mr. Fogarty is also well-respected by his peers in the Cleveland legal community. Cleveland law firms have asked him to provide counsel and representation in sensitive litigation involving those firms. Mr. Fogarty regularly advises his clients on court orders and opinions and compliance with those orders. Finally, his clients often ask him to review their practices and procedures and assess their compliance with those practices and procedures, as well as with federal and state laws. Mr. Fogarty currently lives in Pepper Pike, Ohio, with his wife, Laura. He has three children and three grandchildren. Bar Admissions Ohio, 1977 Florida, 1979 U.S. Supreme Court U.S. Court of Appeals for the 5th Circuit U.S. Court of Appeals for the 6th Circuit U.S. Court of Appeals for the 9th Circuit U.S. Court of Appeals for the 11th Circuit U.S. District Court for the Northern District of Ohio U.S. District Court for the Southern District of Ohio Honors and Awards Chambers USA: America’s Leading Lawyers for Business, Commercial Litigation, 2009-2015 BTI Client Service All-Stars, 2011 The Best Lawyers in America, Commercial Litigation, Mass Tort Litigation/Class Actions, Antitrust Litigation, Real Estate Litigation, 2006-15 The Best Lawyers in America, “The Top 50 Lawyers in Cleveland,” 2005 Ohio Super Lawyers, Litigation, 2004-15 The Best Commercial Lawyers in America AV® Preeminent Rated, Martindale-Hubbell [highest available rating for legal ability and professional ethics] The Irish Legal 100, 2014 Professional Associations Cleveland Metropolitan Bar Association Ohio State Bar Association Florida Bar Association Panel Member of the American Arbitration Association (2015) Member of the Federal Court Panel of Alternative Dispute Resolution Neutrals for the Northern District of Ohio (1992 to 2014) Life Member of the Judicial Conference of the Eighth Judicial District Cleveland Metropolitan Bar Association Fellow Founding Member of the Irish American Law Society of Cleveland Education J.D., University of Cincinnati College of Law, 1977 B.A., University of Cincinnati, 1974 (Phi Beta Kappa, Student Body President) 7679303.2 Thomas C. Sutton, Ph.D. 2 Malicky Center Political Science Department Baldwin Wallace University 275 Eastland Road, Berea, Ohio 44017 440-826-2460 tsutton@bw.edu EXPERIENCE Director, The Community Research Institute, Baldwin Wallace University (2010 – present) Engage BW students to develop and deliver public opinion polling, focus group, and organizational analysis consulting services to local government and nonprofit agencies. Burton D. Morgan Chair in Entrepreneurial Studies (August 2014 – present) Work with the Baldwin Wallace University Center for Innovation and Growth (CIG) to infuse the mindset and values of innovation and entrepreneurship among faculty, staff, and students at Baldwin Wallace University. Professor of Political Science, Baldwin Wallace University (May 2012 – present) Teach introductory, major required, and advanced undergraduate courses in American government, politics and institutions; political analysis; public policy; social issues; political theory. Political Analyst (2006 – present) Provide political analysis of national, state and local election campaigns, political party activity, and public policy questions for local and national media. Regular political analyst for WEWS Newschannel 5 (Cleveland ABC affiliate); provide periodic analysis for local radio (WCPN 90.3, WKSU 89.7, WTAM 1100, WAKR 1590), print and online media (The Plain Dealer; Cleveland.com; Toledo Blade; Associated Press) Associate Professor of Political Science, Baldwin-Wallace College, May, 2006 – May 2012 Assistant Professor of Political Science, Baldwin-Wallace College August, 2000 – May, 2006 Adjunct Professor of Political Science, Baldwin-Wallace College September, 1998 - May, 2000 Taught undergraduate introductory courses in political science and major courses in political theory and political analysis Teaching Fellow, Kent State University September, 1998 - May, 2000 Taught undergraduate introductory courses in American National Government and Public Policy, as well as advanced course on the Judicial Process Teaching Assistant, Kent State University September, 1997 - May, 1998 Assisted with teaching courses in Judicial Process and Political Parties and Interest Groups Graduate Assistant, Kent State University September, 1995 - May, 1997 2 Provided research assistance to faculty in the areas of institutional theory, political parties, municipal strategic management, public risk assessment, and state and local government budgeting and employment; served as student representative to Faculty Advisory and Chair Search committees PUBLICATIONS ‘James A. Garfield’; ‘Chester Arthur’; ‘William McKinley’; entries for U.S. Presidents and the Constitution, edited by Ken Gormley (NYU Press: forthcoming in 2015). “Education Policy” and “Liberation Theology” entries for the International Encyclopedia of Political Science. (2010). Washington, D.C.: CQ Press. “Primary and Secondary Education Policy” entry for Governing America: Major Policies and Decisions of Federal, State, and Local Government. (2010). Facts on File. Vice Presidents of the Last Half of the Nineteenth Century: A Documentary History. Co-authored with Leonard Schlup. (2007). Lewiston, NY: The Edwin Mellen Press. “The Impact of DeRolph v. State of Ohio on state school funding policy.” Government, Politics, and Public Policy in Ohio, 2nd edition. Carl Lieberman, editor. (2006). Akron, Ohio: Midwest Press. Book review of The White Welfare State: The Racialization of U.S. Welfare Policy, by Deborah E. Ward (2005) in the Fall 2006 edition of the New Political Science Journal. Book review of Social Capital: Critical Perspectives on Community and ‘Bowling Alone,’ edited by Scott McLean, David Schultz, and Manfred Steger (2002), in the Fall 2003 edition of the New Political Science Journal. "Strategic Management in City Government," co-authored with John J. Gargan, Handbook of Local Government, 2nd edition (2000). New York: Marcel Dekker. "Important Supreme Court Cases of the Gilded Age," The Historical Dictionary of the Gilded Age, edited by Leonard Schlup and James G. Ryan (2003). Armonk, NY: M.E. Sharpe. “State Administration of Primary and Secondary Education,” The Encyclopedia of Public Administration and Public Policy, edited by Jack Rabin (2003). New York, NY: Marcel Dekker. CURRICULUM AND EDUCATIONAL PROJECT DEVELOPMENT Co-coordinated with Dr. Judy Krutky the development of a minor in Africana Studies, including an experiential learning component in either urban studies or study abroad in Africa (2014-2015). Consulted with faculty in Departments of History and African Studies in development of a new Center for African and International Studies that will offer undergraduate and graduate degree programs and supported research in international studies with a focus on Africa (spring 2014). Development of Public Service Leadership major and minor for students interested in public policy and working in the public and nonprofit sectors (2012-2013). 3 Coordination with Dr. Jack Winget (Theater) of Faculty Student Collaborative, ‘Second Chances,’ a research initiative exploring the lives of at-risk youth and juvenile offenders that will produce a research paper and stage production (spring – fall 2013). Facilitate Political Science Department assumption of responsibility for Leadership Studies minor in tandem with Trina Dobberstein, VP for Student Affairs. Coordination, development, and staging of ‘Violence of One,’ a script written by students in a Faculty Student Collaborative exploring the effects of the crimes of serial killers Jeffrey Dahmer and Anthony Sowell on their victims, families and communities. A Faculty Student Collaborative project with colleague Dr. Jack Winget (Theater) that was staged at the Brecksville Theater-On-The-Square, BW, and Tri-C East (spring 2011-fall 2013). Coordinated approvals and implementation of Legal Studies Minor (2009-2010). Chaired interdisciplinary faculty committee that created the Innovation and Entrepreneurship major; facilitated proposal through the faculty approval process (2009-2011). Member of interdisciplinary team that developed the Urban Studies minor and Urban Semester program (20082012). CONSULTING AND APPLIED RESEARCH PROJECTS Conducted survey research project for the Cuyahoga County Board of Elections to determine public perceptions and usage of the bilingual Spanish-English ballot (fall 2013). Serve as independent political analyst for WEWS Channel 5, providing periodic analysis of local and national political developments and events (2008 – present). Provided weekly analysis of 2012 national elections, including the Republican primaries, Ohio Senate race, and Ohio swing state status in the presidential race. Provided political analysis through variety of media: served as a guest panelist on three sessions of the WCPN ‘Sound of Ideas’ program; provided interviews related to the 2012 elections for CNN, WTAM radio, The Plain Dealer, National Journal, AP News, and French documentary producer Gerald Holubowicz. Conducted survey of residents and patrons of Cleveland Heights-University Heights Public Library to determine perceptions of quality of services and frequency of usage (spring 2013). Completed $75,000 market survey project for Northeast Ohio Regional Sewer District that included phone surveys of 800 customers, 300 users of the NEORSD Call Center, and 200 surveys of residents of sewer districts in Buffalo, NY, Milwaukee, WI, and Philadelphia, PA. The project included coordinating and conducting eight focus groups of NEORSD residential and business customers, and interviews with local elected officials and staff of eight sewer districts across the U.S. (summer 2012 – winter 2013). Results used to design community relations and marketing strategic plan for NEORSD. Wrote analysis report of phone survey interviews of auto dealers and installers of paint protection film for Lubrizol CIG Growth Project (January – February, 2013). Conducted phone survey of small businesses in downtown Cleveland and surrounding Cuyahoga County to collect data about reasons for locating in the downtown area for the Downtown Cleveland Alliance (summer 2012). 4 Conducted third annual survey of customer households to gauge awareness of new marketing campaign for the Northeast Ohio Regional Sewer District with partner Professor Pierre David of the B-W Division of Business Administration (fall 2011). Report resulted in shifted focus of campaign to role of NEORSD as a partner in keeping Lake Erie clean. Provided regression analysis of donor data for United Way of Greater Cleveland (fall 2011). Conducted community survey of South Euclid, Ohio residents to determine perceptions about a proposed retail development for First Interstate Properties (May, 2011). Developed and implemented public opinion poll of Northeast Ohio residents gauging awareness of new business marketing campaign for the Downtown Cleveland Alliance (March 2011). Conducted public opinion poll gauging voter preferences in Cuyahoga County for candidates for county and state legislative office, as part of class project for POL 240: Introduction to Political Analysis (September 2010). Conducted second annual survey of customer households to gauge awareness of new marketing campaign for the Northeast Ohio Regional Sewer District with partner Professor Pierre David of the B-W Division of Business Administration (summer 2010). Report resulted in shifted focus of campaign to role of NEORSD as a partner in keeping Lake Erie clean. Revision of 14th edition of Teaching Manual/Test Bank for Basics of American Politics (2010) by Gary Wasserman. (New York: Pearson Publishing.) Co-directed survey of ‘green jobs’ status and future growth in Ohio as a CRI contract with the Center for Community Solutions (fall 2009). Led consulting team for Community Research Institute in feasibility study of merger of East Cleveland Public Library and Cuyahoga County Public Library (spring 2010). Revised and wrote Full and Brief editions of the 2009 Instructor’s Manual for Government by the People (Magleby & Light 2009, New York: Pearson Longman Publishing.) Served with Dr. Melanie Blumberg (California University of Pennsylvania) as outside reviewer for the Department of Political Science at John Carroll University (spring 2009). Conducted review of district social studies curriculum for the Cuyahoga Heights Schools (spring 2009). Conducted survey of customer households for the Northeast Ohio Regional Sewer District with partner Professor Pierre David of the B-W Division of Business Administration (spring 2009). Conducted regional survey and focus groups to measure attitudes about living in downtown Cleveland for the Downtown Cleveland Alliance with Community Research Institute (formerly the PIRC) co-director Dr. Mark Mattern (summer 2008). Content editing of AP government review text, Government in America (Edwards 2008, New York: Pearson Longman Publishing.) 5 Evaluation of Emerging Entrepreneurs Program of the Presidents’ Council Foundation (Cleveland, Ohio), September, 2007 (PIRC project with co-director Mark Mattern). State-wide poll of Ohio residents measuring opinions about school funding and education policy in Ohio (May 16, 2007). Revision of 13th edition of Teaching Manual/Test Bank for Basics of American Politics (2007) by Gary Wasserman. (New York: Longman Publishing.) Revision of Test Bank for New American Democracy, 5th edition (2007) by Morris Fiorina et al. (New York: Longman Publishing.) PRESENTATIONS ‘Comparing election systems in Ghana and the U.S.’ – faculty and graduate student seminar, History Department, University of Cape Coast, March 11th, 2014. ‘Analyzing the crisis in Ukraine’ – panel seminar, Faculty of Arts, University of Cape Coast, March 19th, 2014. ‘Constitutional Foundations of U.S. Federalism in the Courts’ – guest lecture, Constitutional Law class, University of Cape Coast Faculty of Law, April 2nd, 2014. “Elections in Ghana” – presentation for BW international student lunch speaker series, November 3rd, 2013. “Analyzing the 2012 Presidential Elections” – Institute for Learning in Retirement, October 9th, 2012. Participation in performances of ‘Violence of One,’ written by BW students in Faculty Student Collaborative with Dr. Jack Winget: April 13-14, 2012 at Brecksville Theater-On-The-Square; October 6th, 2012 at the BW Student Activities Center; and October 11th, 2012 at Cuyahoga Community College, East Campus. “The Future of Social Security.” Panelist; sponsored by the Baldwin-Wallace College Business Student Advisory Council, March 23, 2011. “Analyzing the Great Recession of 2008.” Panelist; sponsored by the Baldwin-Wallace College Business Student Advisory Council, November 3, 2010. “American Elections and Citizen Engagement.” Moderated panel of members of Cleveland City Council and representatives of Ohio Democratic and Republican Parties for delegation of political activists and journalists from Central and South Asia hosted by the Cleveland Council on World Affairs, October 25, 2010. “Cuyahoga County Reform and Electing a New County Council and County Executive.” Panelist; sponsored by the Westlake Democratic Club, September 16, 2010. “Civic and Campaign Involvement: Making Campaigns Come Alive for Students.: Panel presentation at the 2010 annual meeting of the Midwest Political Science Association, Chicago, Illinois, April 23-24, 2010. “Engaging Students in Campaigns on and off Campus.” Panel presentation at “Civic Engagement” conference at California University of Pennsylvania, November 13, 2009. 6 “Learning and 'Usefulness': Tensions in Assessing Departmental Objectives and Student Performance.” Paper presented at the 2007 Teaching and Learning Conference of the American Political Science Association, Charlotte, North Carolina. “Analyzing the 2006 Midterm Elections.” Roundtable discussion at the 2006 Annual Meeting of the Ohio Association of Economists and Political Scientists, University Heights, Ohio. “Using Simulations in Political Science Classes.” Paper presented at the 2005 Annual Meeting of the Ohio Association of Economists and Political Scientists, Columbus, Ohio. “Are We Bowling Alone? An Experiential Analysis of Social Capital and Civic Engagement ‘On the Road.’” Paper presented at the 2004 Annual Meeting of the Midwest Political Science Association, Chicago, Illinois. “A Model for Analyzing Institutional Dynamics in Public Policy Development.” Paper presented at the 2002 Annual Meeting of the Midwest Political Science Association, Chicago, Illinois. "Holding Schools Accountable: The Effects of Top-Down Testing and Management Mandates on Ohio Schools." Paper co-authored with three undergraduate students at Baldwin-Wallace College, presented at the 2001 Annual Meeting of the Midwest Political Science Association, Chicago, Illinois. "The Accidental State: New Concepts of State Formation in a Post-Cold War World." Paper presented at the 1997 Annual Conference of the Midwest International Studies Association, Cleveland, Ohio. "Governing Capacity in Public Schools: Steps Towards a Definition." Paper presented at the 1997 National conference of the American Society for Public Administration, Philadelphia, PA. ADDITIONAL PROFESSIONAL EXPERIENCE Founding Director, START - Support To At-Risk Teens Programs, Lutheran Metropolitan Ministry Association September, 1990 - July, 1995 Responsible for implementation and management of programs for at-risk youth, including the STEEP - Student Transition to Education and Employment Program; the Westhaven Youth Shelter; and the Community Alternatives Program. STEEP provided carpentry training and education through housing construction to juvenile felony offenders committed to the Ohio Dept. of Youth Services. Westhaven is an emergency shelter for runaway and homeless youth ages 13-17. Community Alternatives provided intensive educational and recreational programming to delinquent youth who would otherwise be sent to an Ohio Dept. of Youth Services institution. Responsibilities included grant writing, management, and reporting for federal, state, county, city, foundation, and corporate funding; financial planning and management of $1.2 million budget; hiring and supervision of seven direct staff and overall supervision of thirty program staff; program design and quality control; maintaining positive working relationships with state, county, and city governments, area foundations, and other social service providers. Operations Manager, Cleveland Health Care for the Homeless Project, Federation for Community Planning July, 1989 - August, 1990 Responsible for development of quarterly newsletter, oversight of the Drop-In Center, implementation of fundraising events, assisting the Director in writing grants and program reports. 7 Consultant, Grant and Program Development April - June, 1989 Provided grant proposal development, program development, research assistance, and program implementation services to Cleveland area church social action efforts Seminarian, Paulist Fathers August, 1987 - March, 1989 Spent 1 1/2 years as a novice and seminarian with the Paulist Fathers. Completed AIDS ward ministry and 15 credits in graduate philosophy studies Program Director and Curriculum Specialist, The Close Up Foundation December, 1982 - August, 1987: "Close Up" provides experiential citizenship programming for high school students, teachers, international students, and senior citizens from program sites in Washington, D.C., and around the country Curriculum Specialist (9/85 - 8/87): Supervised development and implementation of training and ongoing curricular support for staff of 80 Instructors. Supervised three Resource Instructors; developed and implemented programming in New York, San Francisco, Dallas, and the Netherlands. Program Administrator (7/83 - 8/85): Supervised program implementation at one of six sites. Supervised staff of 12 instructors and nurse; oversaw weekly program for average of 225 student and teacher participants per week. Senior Program Instructor (12/82 - 6/83): Provided instruction to 20 student participants/week, and assisted Program Administrator with daily program management. EDUCATION Ph.D., Political Science and Public Policy, Kent State University, December 2001. Dissertation Title: “DeRolph v. Ohio: An Institutional Analysis of School Funding Policy.” Graduate studies in philosophy and religion, Washington Theological Union, Washington, D.C., Fall, 1988. BA, Political and Social Thought, University of Virginia, May, 1982. Interdisciplinary thesis, "Liberation Theology: the Praxis of Faith in Latin America." PROFESSIONAL AFFILIATIONS AND SERVICE Chair, Political Science Department, Baldwin Wallace University, 2009-2013 Director, The BW Community Research Institute (2010 – present) Coordinator, the BW Center for Innovation and Growth Faculty Fellows program (2010-2013) Chair, Faculty Salary and Budget Committee (2012-2013) Member, SPROUT Advisory Board (2012-present) Member, Urban Studies Minor/Urban Semester Program Advisory Board (2011-present) Social Science Division representative to the Leadership Council strategic planning process (2012-2013) Advisor, BW College Democrats and College Republicans (2010-present) 8 Political Science Department representative, Criminal Justice Studies program advisory committee (2001-2013) Political Science Department representative, Teacher Education Committee (2002-present) Political Science editor, The Journal of Economics and Politics (2011-2013) Chair, Social Sciences Division, Baldwin-Wallace College, 2009-2010; Fall, 2013 Chair, The B-W Center for Innovation and Growth Innovation and Entrepreneurship major Faculty Learning Community, 2009-2010 Chair, Senate Revision Task Force, 2008-2009 President, B-W Faculty Senate, 2007-2008 Co-Director, The B-W Community Research Institute (2006-2010) President, Ohio Association of Economists and Political Scientists (OAEPS) (2004-2005);Vice President (20032004); Treasurer (2002-2004); member, OAEPS Executive Committee (2002 – 2008) Member, Ohio Association of Economists and Political Scientists Member, American Political Science Association Member, Midwest Political Science Association City of Lakewood Planning Commission (1995 - 2001) President, Ohio Youth Services Network (1/94 - 4/95) Chair, Committee on Homeless Youth, Federation for Community Planning (4/92 - 12/93) Member, Community Re-Integration and Juvenile Justice Committees, Federation for Community Planning (10/90 - 7/95) AWARDS AND GRANTS 2013 Exemplary Teacher Award, United Methodist Church & Baldwin Wallace University 2013-2014 Fulbright Scholar Award to teach and conduct research at University of Cape Coast, Ghana during spring 2014 semester 2012 Faculty Excellence Award, Baldwin-Wallace College Student Senate 2011 Volunteer Leadership Award, Baldwin-Wallace College Office of Annual Giving 2009 Faculty Excellence Award, Baldwin-Wallace College Student Senate 2009 Faculty Excellence Award, Alpha Sigma Lambda Adult and Continuing Education Honor Society 2007 Gund Student-Faculty research grant to support statewide poll measuring Ohioan’s opinions about school funding policy 2005 Gigax summer research grant to support publication of book chapter on DeRolph v. Ohio 2004 Faculty Excellence Award, Baldwin-Wallace College Student Senate 2000 Gund Student-Faculty research grant to support mail survey of school superintendents concerning education administration and proficiency testing reforms in Ohio Lauren Copeland Curriculum Vitae Department of Political Science Baldwin Wallace University 275 Eastland Road Berea, OH 44017 Phone: (440) 826-3846 Fax: (440) 826-3396 Email: lcopelan@bw.edu Website: www.laurencopeland.com EDUCATION 2013 Ph.D., Political Science, University of California, Santa Barbara 2009 M.A., Political Science, University of California, Santa Barbara 2003 B.A., Political Science, DePaul University, Chicago ACADEMIC APPOINTMENTS 2015- Assistant Professor of Political Science and Associate Director of the Community Research Institute (CRI), Baldwin Wallace University 2013- Survey Research Manager (remote), Center for Nanotechnology in Society, University of California, Santa Barbara. PUBLICATIONS Journal Articles 2015 Cleveland, D.A., Copeland, L., Glasgow, G., McGinnis, M.V., & Smith, E.R.A.N. (forthcoming). The Influence of Environmentalism on Attitudes towards Local Agriculture and Urban Expansion. Society and Natural Resources. 2015 Copeland, L. & Bimber, B. (2015). Research Note on Variation in the Relationship between Digital Media Use and Political Participation in U.S. Elections over Time, 19962012: Does Obama’s Re-election Change the Picture? Journal of Information Technology & Politics, 12(1): 74-87. 2014 Bimber, B., Cantijoch, M., Copeland, L., & Gibson, R. (2015). Digital Media and Political Participation: The Moderating Role of Political Interest across Acts and over Time. Social Science Computer Review, 33(1): 21-42. 2014 Copeland, L. & Römmele, A. (2014). Beyond the Base? Political Parties, Citizen Activists, and Digital Media Use in the 2009 German Federal Election Campaign. Journal of Information Technology & Politics, 11(2): 169-185. 2014 Copeland, L. (2014). Value Change and Political Action: Postmaterialism, Political Consumerism, and Political Participation. American Politics Research, 42(2): 257-282. 2014 Gil de Zúñiga, H., Copeland, L., & Bimber, B. (2014). Political Consumerism: Civic Engagement and the Social Media Connection. New Media & Society, 16(3): 488-506. 2014 Copeland, L. (2014). Conceptualizing Political Consumerism: How Citizenship Norms Differentiate Boycotting from Buycotting. Political Studies, 62: 172-186. 2013 Bimber, B. & Copeland, L. (2013). Digital Media and Traditional Political Participation over Time in the U.S. Journal of Information Technology & Politics, 10(2): 125-137. Chapters in Edited Volumes 2015 Copeland, L. & Atkinson, L. (forthcoming). Political and Ethical Considerations in the Evolution of Consumer Activism as a Form of Political Participation and Civic Engagement. In T. Newholm, A. Chatzidakis, M. Carrington & D. Shaw (Eds.), Ethics and Morality in Consumption: Interdisciplinary Perspectives. New York: Routledge. 2014 Copeland, L. & Hasell, A. (2014). Framing Effects on People’s Willingness to Purchase Nanotechnology Applications in the U.S. In C. Coenen, A. Dijkstra, C. Fautz, J. Guivant, K. Konrad, C. Milburn & H. Van Lente (Eds.), Studies of New and Emerging Technologies. Berlin: IOS Press, p. 87-106. 2014 Copeland, L. & Smith, E.R.A.N. (2014). Consumer Political Action on Climate Change. In Y. Wolinsky-Nahmias (Ed.), Changing climate politics: U.S. policies and civic action. Washington, D.C.: CQ Press, p. 197-217. Article Manuscripts under Review “Networked Publics: Social Media Use as a Conduit for Consumer Activism among LGBTs,” with Amy B. Becker. “Contentious Consumers: Political Consumerism, Movement Societies and Self-Directed Political Action,” with Jenn Earl & Bruce Bimber. “Citizenship Norms and Political Participation: The Mediating Role of Digital Media Use,” with Jessica T. Feezell. Working Papers “Crowding In or Crowding Out? The Relationship between Political Consumerism and other Forms of Civic and Political Behavior among Youth,” with Lucy Atkinson. “Intuition, Resilience, and Cultural Politics in Emerging Risk Debates,” with Mary Collins, Barbara Herr Harthorn & Terre Satterfield. “Postmaterialism vs. Engaged Citizenship Norms as Predictors of Non-Electoral Forms of Political Participation.” 2 “Putting the ‘Political’ in Political Consumerism: Towards a Theory of Motivations.” “Social Networking for Social Justice? How Consumers Learn about Political Consumption Campaigns,” with Lucy Atkinson. “Twitter Use among Political Consumers,” with Ariel Hasell and Bruce Bimber. AWARDS AND HONORS Research and Teaching Awards 2013 Graduate Division Dissertation Fellowship, Graduate Division, University of California, Santa Barbara ($7,500). 2013 Colin Reed Manzer—Robert G. Wesson Award for Best Paper Presented at a Professional Meeting, Department of Political Science, University of California, Santa Barbara. 2012 Award for Excellence in Teaching, Graduate Student Association, University of California, Santa Barbara. 2011 Graduate Research Award for Social Science Surveys, Social Science Survey Center, University of California, Santa Barbara ($1,544.00). 2010 Distinguished Teaching Assistant Award, Department of Political Science, University of California, Santa Barbara. Teaching Certificates & Development 2013 Certificate in College and University Teaching, Office of Instructional Development, University of California, Santa Barbara. 2011 Certificate, Summer Teaching Institute for Associates, Office of Instructional Development, University of California, Santa Barbara. 2010 Lead Teaching Assistant Institute, Office of Instructional Development, University of California, Santa Barbara. INVITED TALKS 2015 “Networked Publics: How Connective Social Media Use Facilitates Political Consumerism among LGBT Americans,” with Amy B. Becker. Workshop on Social Media and the Prospects for Expanded Democratic Participation in National Policy-Setting. Boston University, Boston, MA, 9 April. 3 2013 “Beyond the Base? Political Parties, Citizen Activists, and Digital Media Use in the 2009 German Federal Election Campaign,” with Andrea Roemmele. Hertie School of Governance, Berlin, Germany, 26 September. 2013 “Political Consumerism and the Changing Citizen” Mannheim Centre for European Social Research, University of Mannheim, Mannheim, Germany, 23 September. 2011 “Conceptualizing Political Consumerism.” Communication, Consumers and Citizens: Revisiting the Politics of Consumption Conference, Madison, WI, 4 March. SELECT CONFERENCE ACTIVITY Panels Organized 2014 “The Changing Citizen: Creative Participation and Contentious Politics,” with E. Lekakis. Annual meeting of the Midwest Political Science Association, Chicago, IL, 3-5 April, 2014. 2014 “The Changing Citizen: Creative Participation and Contentious Politics from a Comparative Perspective,” with E. Lekakis. Annual meeting of the Midwest Political Science Association, Chicago, IL, 3-5 April, 2014. 2013 “A Matter of Trust: Perceptions of Nanotechnology Risk and Responsibility,” with Casandra Engeman and Barbara Herr Harthorn. Annual meeting of the Society for the Study of Nanoscience and Emerging Technologies, Boston, MA, 27-30 October 2013. Papers Presented 2015 “Intuition, Resilience, and Cultural Politics in Emerging Risk Debates,” with Mary Collins, Barbara Herr Harthorn, & Terre Satterfield. Annual meeting of the Society for Applied Anthropology, Pittsburgh, PA, 24-28 March. 2014 “Putting the ‘Political’ in Political Consumerism: Towards a Theory of Motivations.” Annual meeting of the Midwest Political Science Association, Chicago, IL, 3-5 April. 2013 “Framing Effects on U.S. Consumers’ Expressed Willingness to Purchase Nano-enabled Consumer Products,” with Ariel Hasell. Annual meeting of the Society for Social Studies of Science (4S), San Diego, CA, 9-12 October. 2013 “Political Consumerism and the Expansion of Political Participation in the U.S.” European Consortium for Political Research and the Center for the Study of Democracy at Leuphana University, Lüneburg, Germany, 18 September. 2013 “Risky Business? How Risk vs. Benefit Frames Influence Consumer Attitudes toward Nanotechnology Applications,” with Ariel Hasell. Annual conference on Environmental Politics and Policy, Santa Barbara, CA, 31 May. 4 2013 “Political Consumerism: Boycotting, Buycotting, and the Expansion of Political Participation in the United States.” Annual meeting of the Midwest Political Science Association, Chicago, IL, 11-14 April. 2013 “Value Change and Political Action: Postmaterialism, Environmentalism, and Political Consumerism.” Annual meeting of the Western Political Science Association, Hollywood, CA, 28-30 March. 2012 “Conceptualizing Political Consumerism: How Citizenship Norms and Values Shape Boycotting and Buycotting.” Annual meeting of the Midwest Association of Public Opinion Research, Chicago, IL, 16-17 November. 2012 “Political Consumerism and Political Communication: The Social Media Connection,” with Homero Gil de Zuñiga, Bruce Bimber. Annual meeting of the International Communication Association, Phoenix, AZ, 24-28 May. 2011 “The Influence of Environmentalism on Support for Local Agriculture and Land Use Attitudes,” with D.A. Cleveland, G. Glasgow, M.V. McGinnis and E.R.A.N. Smith. Annual meeting of the Western Political Science Association, San Antonio, TX, 21-23 April. 2010 “The Electoral Fortunes of Women and Minority Candidates for Congress,” with R. Fox, J. Harvie, E. Patlan and E.R.A.N. Smith. Annual meeting of the Midwestern Political Science Association, Chicago, IL, 22-25 April. Travel Grants 2015 Annual Meeting Travel Grant, American Political Science Association, September ($250.00). 2013 National Science Foundation Workshop Support Grant (SES 1343126), September ($1250.00). 2013 German Academic Exchange Service (DAAD), German Federal Foreign Office, Germany ($1300). 2013 Doctoral Student Travel Grant, Academic Senate, University of California, Santa Barbara, April ($685.00). 2013 Prestage-Cook Travel Award, Southern Political Science Association, January ($150.00). 2011 Conference Travel Grant, Department of Political Science, University of California, Santa Barbara, May ($375.00). 2011 Conference Travel Grant, Department of Political Science, University of California, Santa Barbara, November ($500.00). 5 2011 Conference Travel Grant, Department of Political Science, University of California, Santa Barbara, April ($500.00). 2011 Conference Travel Grant, European Union Center of Excellence, University of Madison, Wisconsin, March ($824.51). 2010 Conference Travel Grant, Department of Political Science, University of California, Santa Barbara, April ($500.00). Fellowships 2013 Graduate Division Dissertation Award, Graduate Division, University of California, Santa Barbara ($7500.00). 2013 Doctoral Fee Fellowship, Department of Political Science, University of California, Santa Barbara, 2008-2013. 2011 Department of Political Science Graduate Fellowship, Department of Political Science, University of California, Santa Barbara. 2008 Department of Political Science Graduate Fellowship, Department of Political Science, University of California, Santa Barbara. TEACHING EXPERIENCE Instructor of Record Introduction to American Politics Digital Media in Public Life Digital Advocacy and Persuasion (online) Teaching Assistant Training (two-quarter sequence/year) Voting and Elections Teaching Assistant Campaigns and Elections Voting and Elections American Government and Politics Congress and Congress Simulation Lab American Presidency Politics of the Environment Courts, Judges, and Politics Introduction to Communication 6 RESEARCH EXPERIENCE 2013- Survey Research Manager, Center for Nanotechnology in Society, University of California, Santa Barbara, 2013-present. 2012 Research Assistant for Andrea Römmele, Professor for Communication in Politics and Civil Society, Hertie School of Governance, Berlin, Germany, 2012-2014. 2011 Research Assistant for Barbara Herr Harthorn, PI and Director for the Center for Nanotechnology in Society, University of California, Santa Barbara, 2011-2013. 2011 Research Assistant for Bruce Bimber, Professor of Political Science, University of California, Santa Barbara. PROFESSIONAL SERVICE 2015 Guest editor, Journal of Economics and Politics, SAGE Open 2013- Manuscript reviewer, American Politics Research, Cyberpsychology: Journal of Psychosocial Research on Cyberspace, European Journal of Communication Research, International Journal of Communication, International Journal of Psychology, Journal of Civil Society, Journal of Cleaner Production, Journal of Computer-Mediated Communication, Journal of Information Technology & Politics, Open Access Library Journal, Political Behavior, Political Communication, Political Research Quarterly, Social Problems. 2014 Book proposal reviewer, Rowman & Littlefield Publishers 2014 WCPN media commentator, “Funny Politics,” The Sound of Ideas, 18 March 2014. PROFESSIONAL ORGANIZATIONS American Political Science Association Elections, Public Opinion, and Voting Behavior Section Information Technology and Politics Section Political Communication Section Women’s Caucus for Political Science Midwest Political Science Association Midwest Women’s Caucus for Political Science 7 IX. Appendix A YEAR 1 OF 5 Rate Senior Professionals Junior Professionals Police Experts Academic Experts IT Experts Total Hours Total Fees Data-Related Fees Travel & Lodging Total Fees & Expenses Policy Review Hours Total 350 100 500 300 200 1450 Technical Assistance Rate Hours Total 350 100 200 200 150 1000 Training Assessment Rate Hours Total 350 100 300 250 0 1000 Rate Report Writing Hours Total 250 75 25 25 25 400 Rate Incident Review Hours Total 350 200 275 150 175 1150 Year Total Total Hours Total Fees 1,650 575 1,300 925 550 5000 YEAR 2 OF 5 Rate Senior Professionals Junior Professionals PoliceExperts Academic Experts IT Experts Total Hours Total Fees Data-Related Fees Travel & Lodging Total Fees & Expenses Policy Review Hours Total 350 175 400 200 100 1225 Technical Assistance Rate Hours Total 300 200 200 200 100 1000 Training Assessment Rate Hours Total 300 200 300 200 0 1000 Rate Report Writing Hours Total 200 100 25 25 50 400 Rate Incident Review Hours Total 350 150 350 125 110 1085 Year Total Total Hours Total Fees 1,500 825 1,275 750 360 4710 YEAR 3 OF 5 Rate Senior Professionals Junior Professionals Police Experts Academic Experts IT Experts Total Hours Total Fees Data-Related Fees Travel & Lodging Total Fees & Expenses Policy Review Hours Total 300 175 300 125 100 1000 Technical Assistance Rate Hours Total 300 200 200 200 100 1000 Training Assessment Rate Hours Total 350 250 200 200 0 1000 Rate Report Writing Hours Total 200 100 25 25 50 400 Rate Incident Review Hours Total 300 300 300 100 110 1110 Year Total Total Hours Total Fees 1,450 1,025 1,025 650 360 4510 YEAR 4 OF 5 Rate Senior Professionals Junior Professionals Police Experts Academic Experts IT Experts Total Hours Total Fees Data-Related Fees Travel & Lodging Total Fees & Expenses Policy Review Hours Total 350 200 250 100 100 1000 Technical Assistance Rate Hours Total 300 200 200 150 100 950 Training Assessment Rate Hours Total 300 250 200 200 0 950 Rate Report Writing Hours Total 200 100 25 25 50 400 Rate Incident Review Hours Total 300 250 200 150 110 1010 Year Total Total Hours Total Fees 1,450 1,000 875 625 360 4310 YEAR 5 OF 5 Rate Senior Professionals Junior Professionals Police Experts Academic Experts IT Experts Total Hours Total Fees Data-Related Fees Travel & Lodging Total Fees & Expenses Policy Review Hours Total 300 200 250 150 100 1000 Technical Assistance Rate Hours Total 300 200 150 150 100 900 Training Assessment Rate Hours Total 300 200 200 200 0 900 Rate Report Writing Hours Total 200 100 25 25 50 400 Rate Incident Review Hours Total 350 200 150 175 110 985 Year Total Total Hours Total Fees 1,450 900 775 700 360 4185