A lawyer for Google Inc. has accused Rhode Island U.S. Attorney Peter Neronha of going “off the reservation” for asserting in an interview last year that Google CEO Larry Page knew about illegal conduct at the Internet search giant.
Neronha made his comments in a Wall Street Journal article last year after Google agreed to pay $500 million to avoid prosecution on charges it had run illegal online pharmacy ads. Neronha’s office had investigated the matter.
“The U.S. attorney in Rhode Island went off the reservation and gave a long interview about all the evidence and why it was he was so excited about the case,” Google lawyer Boris Feldman said at a Feb. 29 pretrial hearing in a shareholder lawsuit in Delaware state court, the Wall Street Journal’s antitrust reporter Tom Catan reported. “It ended up being so far off the reservation that the Justice Department apologized to Google for it and muzzled him.”
A spokesman for Neronha told the journal that the “The U.S. attorney has never issued apologies to anyone in this matter” and questioned how the Google lawyer could describe him as “muzzled” when he held a press conference to announce the settlement last year.
But Catan wrote that the”exchange highlights lingering questions about the way the criminal case was handled,” notably why no top Justice Department officials in Washington were at Neronha’s news conference (they usually like to share in the glory). Catan also found it unusual that such a major announcement was made in relatively backwoods Providence, R.I., with no national reporters alerted, and no call-in number for reporters, transcript or video of the event.
A Rhode Island Assistant U.S. Attorney who was charged with refusing to submit to a breathalyzer test and driving under the influence surrendered his driver’s license on Tuesday as his case proceeds in traffic court, The Associated Press reports.
On Thanksgiving morning, Gerard B. Sullivan was stopped by police in Warwick, R.I., after two motorists contacted police about the driver of a BMW — identified as Sullivan — who they said was driving erratically. Sullivan was charged with failing to take a breathalyzer test, but he was not initially charged with driving under the influence. The police report said Sullivan informed the officers of his prosecutorial job numerous times, told the officers he knew the police chief and asked if there was “anything he could do.”
The incident is being investigated by the Justice Department.
Sullivan was ordered by a Traffic Tribunal judge to give up his license as the case proceeds in traffic court, the AP reports.
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The Justice Department is conducting an investigation into a Rhode Island Assistant U.S. Attorney who was charged with refusing a breathalyzer test and driving under the influence, according to Warwick Police Chief Col. Stephen M. McCartney. The Providence Journal reports.
On Thanksgiving morning, Gerard B. Sullivan was stopped by police after two motorists contacted police about the driver of a BMW — identified as Sullivan — who they said was driving erratically. Sullivan was charged with failing to take a breathalyzer test, but he was not initially charged with driving under the influence. The police report said Sullivan informed the officers of his prosecutorial job numerous times, told the officers he knew the police chief and asked if there was “anything he could do.”
Of the five people in Warwick, R.I., who were charged with refusing to take a breath test over the long holiday weekend, Sullivan was the only one also not charged with the more serious offense, driving under the influence. The prosecutor claimed he didn’t attempt to use his position to avoid the DUI charge, which is more serious than the breath-test violation. Following news reports that suggested Sullivan had received lenient treatment because of his job, he was charged with a DUI.
Although a spokeswoman for DOJ’s Office of the Inspector General last week would not confirm or deny that Sullivan was under review for possibly attempting to use his position to avoid the charge, on Monday Warwick’s Chief McCartney said an employee from the Inspector General’s Office contacted him last week, The Providence Journal reports.
McCartney told the newspaper, “They’re doing their own independent investigation, but they did ask for everything regarding the Sullivan investigation, to include the internal review,” adding, “I promised them I’d give them 300 percent cooperation, and I think it’s wholly appropriate.”
The police chief told the newspaper the department will turn over its information regarding why Sullivan was not initially charged with a DUI. “We’ve got other areas of evidence that have to be looked at, and all I want is a thorough investigation.”
He also welcomed an out-of-state external investigation as to why Sullivan wasn’t initially charged. McCartney told The Providence Journal, “I just think it would be very difficult to have any outside agency in the state of Rhode Island review this case, so I’m glad the Department of Justice is reviewing.”
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A Rhode Island Assistant U.S. Attorney was charged today with driving under the influence, after initially being accused of a lesser violation, the Warwick Police Department announced Friday. Read The Associated Press report here.
The DUI charge comes after a drumbeat of local news reports in recent days suggested the federal prosecutor had received lenient treatment because of his job. “I think we’ve got a public confidence problem right now, and we’ve got to deal with it,” Warwick, R.I., Police Chief Stephen McCartney told the local ABC television affiliate.
On Thanksgiving, Gerard B. Sullivan was pulled over after two motorists contacted police about the driver of a BMW — identified as Sullivan — who they said was driving erratically. Sullivan was charged with failing to take a breathalyzer test, but he was not initially charged with driving under the influence.
The police report said Sullivan informed the officers of his prosecutorial job numerous times, told the officers he knew the police chief and asked if there was “anything he could do.”
Of the five people in Warwick, R.I., who were charged with refusing to take a breath test over the long holiday weekend, Sullivan was the only one also not charged with the more serious parallel offense, driving under the influence. The prosecutor claimed he didn’t attempt to use his position to avoid the DUI charge, which is more serious than the breath-test violation.
The local Rhode Island ABC affiliate also reported that Sullivan was arrested Nov. 1 about 12:30 a.m. in Myrtle Beach, S.C., outside the Senor Frog’s, a restaurant and bar. The TV station said there is no police report of the incident, but that Sullivan paid a $150 fine.
Here is a local Rhode Island TV news report about Sullivan:
UPDATE: Sullivan earlier today pleaded not guilty to his DUI charge, The AP reports. He was released after promising to appear at his Dec. 15 hearing.
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Police are investigating whether a Rhode Island Assistant U.S. Attorney used his position to avoid a driving-under-the-influence charge, the Associated Press reports.
Two motorists on Thanksgiving morning contacted police in Warwick, R.I., about the driver of a BMW — identified as Gerard B. Sullivan — who they said was driving erratically. After Sullivan was pulled over, he allegedly informed the officers multiple times about his job. According to AP, Sullivan also told the officers he knew the police chief and asked if there was “anything he could do.” He failed a field sobriety test but was not charged with driving under the influence, according to the AP story.
Warwick Police Chief Stephen McCartney on Wednesday told AP that police are investigating whether Sullivan attempted to avoid being charged with a DUI after failing field sobriety tests and refusing a breathalyzer. Kevin Bristow, Sullivan’s attorney, told the AP that although the Assistant U.S. Attorney made a mistake and is embarrassed, he did not attempt to use his job to influence police.
Bristow told the AP, “Does he regret driving the vehicle? Yeah, very much so. It’s a mistake that he made, and you know, he’s paying an extraordinary price,” adding, “You can read the paper, listen to the airwaves. It could take a professional toll, and certainly it’s taking a personal toll.”
Although it is the Warwick Police Department’s policy to charge people who refuse to submit to a breathalizyer test with DUI “if the circumstances are corroborated,” Sullivan was charged only with refusing to take the breath test, The AP reports. As to the question of his attempt to influence the officers, McCartney told AP, “The fact that he did even mention my name casts questions here.”
Bristow told AP that Sullivan will not contest the charge of refusing the breathalyzer test.
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A Rhode Island Assistant U.S. Attorney last week was charged with refusing to take a chemical breath test after driving erratically, The Providence Journal reports.
Two drivers on Thanksgiving morning contacted police about the driver of a BMW — identified as Gerard B. Sullivan — who they said appeared “out of it,” and was “driving all over the road,” the newspaper said.
After Sullivan was pulled over, he informed the officers multiple times of his job, according to a police report, the newspaper said.
Sullivan also told the officers he knew the police chief and asked if there was “anything he could do,” The Providence Journal reported. Of the five people in Warwick, R.I., charged with refusing to take a breath test over the long holiday weekend, Sullivan was the only one also not charged with another offense, driving under the influence, according to the newspaper.
Warwick police chief Col. Stephen M. McCartney on Tuesday told The Providence Journal he only knows Sullivan professionally. He also told the newspaper that he was unaware of Sullivan’s arrest until The Providence Journal called him.
“But I don’t think the fact he was a public official had any bearing on the arrest the officers made,” McCartney told The Providence Journal. ”He was treated like anybody else — and had all the circumstances been there, I think they would have double-charged.”
McCartney also told the newspaper that arresting officer Russell Brown did not have enough evidence to substantiate a driving under the influence charge — a more serious offense than failing to take a breath test — even though Brown in his police report wrote that Sullivan was “coming from the tavern” and had “a strong odor of an alcoholic beverage.”
The police told The Providence Journal that the Assistant U.S. Attorney is scheduled to appear before the Rhode Island Traffic Tribunal on Dec. 18 to face the chemical-test charge.
Thomas Connell, a spokesman for U.S. Attorney Peter Neronha, told The Providence Journal that Sullivan was on “travel status” Tuesday, adding that the state’s top federal prosecutor was aware of the charge against Sullivan.
“Warwick police are handling that and this office, in consultation with the Department of Justice, will address any administrative consequences that may result,” Connell told the newspaper.
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The recently confirmed Rhode Island U.S. Attorney said the fight against terrorism will continue to be a priority for his office, The Providence Journal reported yesterday.

Peter Neronha (DOJ)
Peter Neronha, who was confirmed Sept. 15, said combating terrorism is a “critical thing.” His predecessor, Robert Clarke Corrente, also said prosecuting terrorism cases would be a top priority when he took office in 2004.
“When we met in D.C. with the administration, their message was: Keeping the American people safe is the most important thing,” Neronha told the newspaper.
The U.S. Attorney told The Journal that he does not plan to prioritize other issues. He said his office has the resources to effectively handle several matters, according to the newspaper
“The department’s view — and it jibes with my view — is that we as U.S. Attorneys or as members of the Department of Justice don’t need to prioritize by subject matter,” he told The Journal. “In other words, I don’t think we have to say we are going to put environmental cases ahead of drug cases, or gun cases ahead of public corruption cases, because we have the resources and the talent to do any kind of case that comes down the pike.”
Neronha, a veteran prosecutor, told The Journal he didn’t set out to become a U.S. Attorney when he decided to take a job as a state prosecutor 13 years ago. The U.S. Attorney, who served as an Assistant U.S. Attorney for seven years, told the paper his objective was “just keep trying to do a decent job and worry about what is on your plate right now.”
“Have you ever seen the movie ‘Any Given Sunday’?” Neronha asked The Journal. “It’s a terrible movie. But Al Pacino gives this great speech to his [football] team. In the speech he says, ‘Life is like the six inches in front of your face.’ That’s kind of the way I have always looked at my career.”
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Attorney General Eric Holder on Monday announced nine appointees to the Attorney General’s Advisory Committee of U.S. Attorneys.
In August, Holder tapped Minnesota U.S. Attorney B. Todd Jones to chair the committee, an influential policy-making and advisory body that serves as the voice of the U.S. Attorneys at Main Justice.
U.S. Attorney Patrick Fitzgerald, of Illinois’ Northern District, served as interim chairman before Jones was confirmed. Chicago’s top prosecutor, a Republican appointee who has been recommended for a second tour of duty, will remain on the committee.
The nine new members are listed below. Click on their names for a summary of their Senate questionnaires.
- Preet Bharara, of the Southern District of New York
- Dennis Burke, of Arizona
- Jenny Durkan, of the Western District of Washington
- Paul Fishman, of New Jersey
- Neil MacBride, of the Eastern District of Virginia
- Peter Neronha, of Rhode Island
- Joyce Vance, of the Northern District of Alabama
- Channing Phillips, acting U.S attorney in the District of Columbia
- John Davis, chief of the criminal division of the federal prosecutors’ office in Alexandria, will represent the views of Assistant U.S. Attorneys.
They will each serve two-year terms.
The Senate so far has confirmed 18 of 93 U.S. Attorneys. One nominee is waiting for approval by the full Senate, and 11 more await a vote in the Senate Judiciary Committee.
Holder, in a statement, said he would rely heavily on the the AGAC as the department works to curb violent crime and gang violence, promote civil rights, police the marketplace and protect national security.
The AGAC’s other members, who were appointed during the Bush administration, include U.S. Attorney Leura Canary, of Middle District of Alabama; Rod Rosenstein, of Maryland; Brett Tolman, of Utah; and Gretchen Witt, the civil chief in the District of New Hampshire.
Regulations require only that the committee have an “appropriate” number of members.
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The Senate confirmed six U.S. Attorneys this afternoon by unanimous consent.
They are:

Steven Dettelbach (ohio.gov)

Carter Stewart (Vorys, Sater, Seymour and Pease)
-Steven Dettelbach (Northern District of Ohio): The partner at the Baker & Hostetler law firm was nominated July 14. Dettelbach will replace Gregory White, who resigned in 2008. Read more about Dettelbach here.
-Carter Stewart (Southern District of Ohio): The associate at the Vorys, Sater, Seymour and Pease law firm was nominated July 14. He will replace Gregory Lockhart, who resigned last month. Read more about the appointee here.

Peter Neronha (DOJ)

Daniel Bogden (Getty Images)
-Peter Neronha (Rhode Island): The Rhode Island Assistant U.S. Attorney was nominated July 31. Neronha will replace Robert Clark Corrente, who resigned June 26. Read more about the appointee here.
-Daniel Bogden (Nevada): The former Nevada U.S. Attorney, who was fired during the 2006 U.S. Attorney purge, was re-nominated July 31. Bogden will replace Gregory Brower, whose resignation is effective Oct. 10. Read more about Bogden here.

Neil MacBride (Business Software Alliance)
-Dennis Burke (Arizona): Department of Homeland Security Secretary Janet Napolitano’s senior adviser on border security and law enforcement was nominated July 14. Burke will replace Diane Humetewa, who resigned Aug. 2. Read more about the appointee here.
-Neil MacBride (Eastern District of Virginia): The Justice Department Associate Deputy Attorney General was nominated Aug. 6. MacBride will replace Chuck Rosenberg, who resigned in October 2008. Read more about MacBride here.
The Senate has now confirmed all 11 U.S. Attorneys that have been reported out of the Senate Judiciary Committee.
On Thursday, the panel is slated to consider U.S. Attorney nominees Jenny Durkan for the Western District of Washington and Paul Fishman for New Jersey. After the committee votes on Durkan and Fishman, it will still have to consider five more U.S. Attorney nominees. The panel has not announced when it will vote on the five nominees.
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The Senate Judiciary Committee reported four U.S. Attorney nominees out of committee today by voice vote.
They are:

Daniel Bogden (Getty Images)
-Daniel Bogden (Nevada): The former Nevada U.S. Attorney, who was fired during the 2006 U.S. Attorney purge, was re-nominated July 31. Bogden would replace Gregory Brower. Read more about Bogden here.

Neil MacBride (Business Software Alliance)
-Dennis Burke (Arizona): Department of Homeland Security Secretary Janet Napolitano’s senior adviser on border security and law enforcement was nominated July 14. Burke would replace Diane Humetewa, who resigned Aug. 2. Read more about the nominee here.
-Neil MacBride (Eastern District of Virginia): The Justice Department Associate Deputy Attorney General was nominated Aug. 6. MacBride would replace Chuck Rosenberg, who resigned in October 2008. Read more about MacBride here.
-Peter Neronha (Rhode Island): The Rhode Island Assistant U.S. Attorney was nominated July 31. Neronha would replace Robert Clark Corrente, who resigned June 26. Read more about the nominee here.
“I think they are nominees worthy of confirmation,” Judiciary Ranking Member Jeff Sessions (R-Ala.) said at the meeting today.
The panel has now endorsed a total of 11 U.S. Attorney nominees, including five who were confirmed by the full Senate last month. Another seven U.S. Attorney nominees have yet to be considered by the committee.
Judiciary Chairman Patrick Leahy (D-Vt.) criticized Senate delays on DOJ nominees in prepared remarks for the confirmation hearing of Environment and Natural Resources Division nominee Ignacia Moreno and four federal judges.
DOJ nominees who are still awaiting Senate confirmation include Dawn Johnsen for the Office of Legal Counsel, Thomas Perez for the Civil Rights Division, Mary L. Smith for the Tax Division, and Christopher Schroeder for the Office of Legal Policy. In addition, two U.S. Attorney nominees — Steven M. Dettelbach for the Northern District of Ohio and Carter M. Stewart for the Southern District of Ohio – have already been reported out of committee and “deserve prompt consideration by the full Senate,” Leahy said.
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