JANE F. BARRETT. University of Maryland Francis King Carey School of Law 500 West Baltimore Street Baltimore, MD

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1 JANE F. BARRETT University of Maryland Francis King Carey School of Law 500 West Baltimore Street Baltimore, MD PROFESSIONAL EXPERIENCE University of Maryland School of Law 2007 to Present - Professor of Law Director, Environmental Law Clinic The Environmental Law Clinic at the University of Maryland School of Law provides pro bono legal services to environmental organizations, community organizations and other clients concerned about environmental problems in Maryland, as well as issues of national significance that affect the State s permitting, counseling, and negotiation. Second and Third Year law students learn civil and administrative procedure, as well as substantive law, by representing clients on specific cases. Currently, the Clinic s clients include each of the eleven local Riverkeeper and Waterkeeper organizations operating in Maryland, as well as an historic African- American community in Prince George s County that is fighting the construction of a new industrial operation in its community. Blank Rome LLP - Washington, DC July 2007 to April Of Counsel Partner and Chair, White Collar, Internal & Government Investigations Practice Group ( ) Chair, Chemical Industry Team ( ) Dyer Ellis & Joseph - Washington, DC Shareholder and Head, White Collar & Corporate Defense Practice ( ) Member, Board of Directors ( ) The firm merged with Blank Rome LLP in January 2003 Upon joining Dyer, Ellis & Joseph in 1998, Ms. Barrett helped develop the firm s White Collar Practice Group. The Practice was built on a foundation of environmental and maritime cases and grew to become a comprehensive national white collar practice within three years. As a member of the Board of Directors, she was one of five shareholders (and the only woman) overseeing the development of a well known and growing international firm that focused on legislative, regulatory and litigation matters, with a particular emphasis on maritime and environmental matters. After the merger with Blank Rome in 2003, she continued to build and expand the Practice while maintaining a full client caseload. As Chair of Blank Rome s White Collar, Internal & Government Investigations Practice Group, Ms. Barrett coordinated the work of over 20 lawyers in New York, Philadelphia and Washington, D.C. and was responsible for the supervision and mentoring of associates. During this time period she also served as member of Blank Rome s Partner Board. While in private practice at Dyer Ellis and Blank Rome, her practice focused on complex civil and criminal litigation, corporate internal investigations and corporate compliance systems. She represented companies and individuals in a variety of criminal investigations, including securities fraud,

2 Page 2 environmental crime, bribery, racketeering, kickbacks, health care fraud and government contract and program fraud. Representative engagements include: Represented Executive Vice-President for Purchasing of U.S. Foodservices in a federal prosecution of Sarbanes-Oxley violations and securities fraud; Represented senior managers of Enron during multi-year investigation of fraud and securities violations; Represented Gauntanamo Bay detainee, Othman v. Bush, et.al., Civ. Action No. 05-CV-2088 (RWR); Represented the CFO of Collins & Aikman in connection with securities fraud investigation; Represented multinational oil and gas company in criminal case alleging violations of the Clean Air Act, the Clean Water Act and CERCLA, United States v. Koch Industries, Inc., Crim No. C , Southern District of Texas; Represented various maritime clients in connection with civil and criminal violations relating to violations of the Clean Water Act, the Clean Air Act, Oil Pollution Act of 1990 and the Act to Prevent Pollution from Ships (APPS); Represented oil and gas pipeline company in connection with alleged civil and criminal violations of the Comprehensive Environmental Response, Compensation and Liability Act and the Hazardous Liquid Pipeline Act. In addition to litigation, a substantial portion of her practice involved corporate internal investigations and providing advice and counsel to clients on the development and implementation of corporate compliance programs and the implementation of new legislative requirements. This included advising on the effective use of audits, federal and state environmental self-disclosure programs, and maritime and chemical facility security requirements. She also work closely with Blank Rome s Government Relations group to track, analyze and advise clients on proposed and new federal legislation involving environmental and white collar issues. Assistant United States Attorney, District of Maryland, Baltimore, MD September December 1997 Chief, Environmental Litigation (Nov Dec. 1997) Responsible for oversight and supervision of environmental litigation within the District of Maryland. Included supervision of three Assistant United States Attorneys and corresponding support staff while maintaining an active caseload. Additional responsibilities included the coordination and supervision of University of Maryland Law School students who, as part of the University s Environmental Law Clinic and Externship programs, were assigned to work in the United States Attorney s office. Responsible for organization and coordination of the activities of three Environmental Crimes Task Forces in various counties in Maryland. This involved frequent meetings with federal, state and local environmental regulators, and with the myriad law enforcement agencies involved in environmental criminal enforcement, as well as the development of various training programs. Trial Attorney (Sept Dec. 1997) Responsible for handling all aspects of the prosecution of criminal cases from the beginning of investigations through grand jury, pretrial preparation, trial and sentencing. Criminal cases included a range of cases from bank robberies, narcotics and simple fraud cases to complicated environmental, public corruption and white collar fraud cases. Civil cases include federal tort actions, Title VII and civil environmental cases. Successfully briefed and argued numerous cases before the Fourth Circuit Court of Appeals and was trial counsel in approximately 25 criminal jury trials, including ten environmental criminal trials.

3 Page 3 Representative cases for which she was lead counsel while in the United States Attorney s Office include: United States v. Kerry L. Ellis, Sr. et. al. (1997): Lead Counsel in three week criminal jury trial in which the defendants were convicted of felony violations of the Clean Air Act, the Clean Water Act and False Claims Act resulting from shipbreaking of the former U.S.S. Coral Sea and other U.S. Navy vessels. United States v. Harold Johnson, et. al. (1994): Lead Counsel in five week criminal jury trial in which all six defendants were convicted of conspiracy to commit mail fraud and substantive mail fraud counts in a sophisticated billing fraud scheme involving the solid waste industry. The conspiracy encompassed activities at six Division offices of Eastern Waste Industries over a six year time period. Case involved approximately 40 witnesses and over four hundred exhibits. United States v. James Weston, No , 1992 U.S. App. LEXIS 9061: Lead Counsel in three week criminal jury trial in which the defendant, a U.S. Navy Captain, was convicted of conspiracy, accepting gratuities and obstruction of justice in connection with construction contracts he awarded in exchange for gifts received from contractors while he was the Public Works Officer at the United States Naval Academy. United States v. William Ellen, 961 F.2d 462 (4th Cir. 1992): Lead Counsel in five week criminal jury trial in which the defendant was convicted of felony violations of the Clean Water Act as a result of the unpermitted filling of wetlands. United States v. George Schnabel, 939 F.2d 197 (4th Cir. 1991): Second chair in three week criminal jury trial in which the defendant was convicted of mail fraud in connection with a sophisticated massive mortgage fraud scheme involving First American Mortgage Company (FAMCO). I was lead counsel in the investigation into Clott and FAMCO which resulted in a guilty plea by Michael Clott and other executives. United States v. William Dee, et. al., 912 F.2d 741 (4th Cir. 1990): Lead Counsel in seven week criminal jury trial in which all three defendants, high ranking civilian employees at the United States Army s Aberdeen Proving Ground Chemical Weapons Research facility, were convicted of felony violations of the Resource Conservation and Recovery Act. United States v. Arthur Strissel, Jr., 920 F.2d 1162 (4th Cir. 1990): Second chair in a six week criminal jury trial in which the defendant, the former Executive Director of the Annapolis Housing Authority, was convicted of RICO and substantive bribery counts in connection with his having awarded construction contracts in exchange for gifts and cash. The jury also returned a forfeiture verdict against the defendant. Assistant Attorney General, Baltimore, MD July September 1986 Hazardous Waste Strike Force / Environmental Crimes Unit Attorney General s Office, State of Maryland Responsible for developing and supervising the prosecution of criminal violations of State environmental laws. Trial counsel in four criminal jury trials and numerous evidentiary hearings before State Hearing Examiners. Reviewed regulations, legislation and administrative orders for legal sufficiency and provided legal advice to State environmental regulators.

4 Page 4 Developed comprehensive training programs for State environmental professionals. Topics included overview of environmental laws, chain of custody and evidence preservation, report writing, and the role of experts in administrative and court proceedings. U.S. Environmental Protection Agency, Washington, DC Attorney-Advisor, Office of Water Enforcement October June 1981 Responsible for providing legal guidance and litigation support to EPA Regional offices. Between 1977 and 1981, periodic details as Special Assistant United States Attorney in the Southern District of West Virginia and the Eastern District of Pennsylvania as part of prosecution team investigating environmental violations at a major chemical corporation. BAR ADMISSIONS Admitted to practice in the State of Maryland and the District of Columbia Admitted to practice before the Federal District Court for the District of Maryland, Federal District Court for the District of Columbia, the Fourth Circuit Court of Appeals, and the Fifth Circuit Court of Appeals EDUCATION University of Maryland School of Law, Baltimore, Maryland J.D., May 1976 Loyola College, Baltimore, Maryland B.A., Political Science, May 1973 PUBLICATIONS When Business Conduct Turns Violent: Bringing BP, Massey and Other Scofflaws to Justice, 48 Am. Crim. L. Rev. (forthcoming 2011) Co-Author, Chapter 2, Environmental Criminal Enforcement, Environmental Litigation: Law and Strategy, ABA Section of Environment, Energy and Resources, 2009 Chapter, Challenges in the Post-Sarbanes-Oxley Era, Inside the Minds: The New Perils of White Collar Crime, Leading Lawyers on Mitigating Liability in a Post-Sarbanes-Oxley Era, Aspatore Books, April 2006 Co-author, Another Federal Court of Appeals Finds Simple Negligence Suficient for Criminal Liability Under the Clean Water Act, December 2005 Co-author, Challenging the Government s Expert Witness, NACDL 2005 Spring Meeting & Seminar Warriors for the Defense: Battle Lessons Learned from the Masters of Trial, April 2005 The Environmental Crimes Case From Pretrial Proceedings to Sentencing Guidelines, ABA s Criminal Justice Section, Section of Environment, Energy, and Resources (October 2004) Co-author, What Can Seafarers Learn from Martha Stewart?: Lessons from the Staten Island Ferry and Other Recent Incidents, MarineLog Conference, Wash., DC, September 2004 Traps for the Unwary, Linkage Magazine, Contract Services Association of America, June 2004

5 Page 5 Co-author, Criminal Environmental Prosecutions and the Maritime Industry A World-Wide Trend, BIMCO Review, 2004 Co-author, Corporate Probation What Happens After the Plea, 18 th National Institute on White Collar Crime, March 2004 Failure To Train Employees Now a Federal Crime, Occupational Safety and Health Magazine, November 2003 Whistleblowers and Sarbanes-Oxley A Troubling Combination, American Conference Institute Internal Investigations Conference, NYC, May 2003 FATF Gatekeeper Initiative and the Canadian Response, 17 th Annual National Institute on White Collar Crime, March 6-7, 2003 Sixteen Mariners Charged with Environmental Crimes During First Eight Months of 2002 and More Charges are Expected: What s Wrong with this Picture?, MarineLog Maritime Legislation, Regulatio & Policy Conference, September 2002 Co-author, Security Initiatives May Have Broader Impact Than Expected, Trends, ABA Section of Environment, Energy, and Resources Newsletter, Volume 34, Number 2, November/December 2002 The Development of Environmental Criminal Prosecutions, The Environmental Crimes Case From Pretrial Proceedings to Sentencing Guidelines, ABA s Criminal Justice Section, Section of Environment, Energy, and Resources (1999) US Environmental Criminal Laws & The Maritime Industry, Bimco Bulletin, Volume 93, Number 2, Pages 48-51, April 1998 Green Collar Criminals: Why Should They Receive Special Treatment?, Maryland Journal of Contemporary Legal Issues, Environmental Liability, Volume 8, Issue 1, Sentencing Environmental Crimes Under the United States Sentencing Guidelines A Sentencing Lottery, Northwestern School of Law of Lewis and Clark College, Environmental Law, Volume 22, 1992 Co-author, Perspectives on the Knowledge Requirement of Section 6928(d) of RCRA After United States v. Dee, 59 GW LR 862 (1991) PROFESSIONAL ACTIVITIES & ORGANIZATIONS Memberships Present Present American Bar Association; Federal Bar Association - District of Maryland; National Association of Woman Lawyers; Women in Federal Law Enforcement; Center for International Legal Studies; Women s International Shipping & Trading Association; American Association of Law Schools Member, Advisory Board, BNA White Collar Crime Reporter Member, Maryland Attorney General s Advisory Council for the Environment Federal Bar Association of Maryland, Board of Governors Member, ABA Task Force on Gatekeeper Regulation & The Profession

6 Page Member, ABA Standing Committee on Environmental Law Chair, ABA Section of Environment, Energy and Resources, Environmental Crimes & Enforcement Committee Vice-Chair, ABA Section of Environment, Energy and Resources, Environmental Crimes & Enforcement Committee Maritime Law Association, Committee on Criminal Law an Procedure, Subcommittee on Environmental Crime Spring January March November 1993 August Federal Criminal Practice Working Group, Federal Bar Association, District of Maryland Department of Justice Environmental Crimes Policy Committee Member, Advisory Working Group on Environmental Sanctions, United States Sentencing Commission Adjunct faculty member, University of Maryland School of Law AWARDS May 2010 April 1998 April 1997 March 1997 July 1992 May 1989 June 1984 Clinical Legal Education Association Outstanding Advocate Award for U.S. Department of Army Commander s Award for Civilian Service for Commitment to Enforcement of Environmental Laws U.S. EPA Bronze Medal for Commendable Service U.S. Attorney s Office Barney Skolnik Award for Prosecutorial Excellence U.S. Department of Justice Director s Award for Superior Performance U.S. Department of Justice Special Achievement Award for the Dee case (first prosecution of Department of Defense senior managers for environmental crimes) Exceptional Service Award, Office of the Attorney General, State of Maryland REPORTED CASES In re Grand Jury Subpoena, 220 F.3d 406 (5 th Cir. 2000) United States v. Deblasio, 1998 U.S. App. LEXIS 1691 (4 th Cir. 1998) United States v. Wilson, 133 F.3d 251 (4 th Cir. 1997) United States v. Johnson, 1996 U.S. App. LEXIS (4 th Cir. 1996) Bellamy v. Dalton, 1996 U.S. App. LEXIS 819 (4 th Cir. 1996) In re Grand Jury Proceedings, 33 F.3d 342 (4 th Cir. 1994) United States v. Strandquist, 993 F.2d 395 (4 th Cir. 1993)

7 Page 7 Hatford Assoc. v. United States, 981 F.2d 1247 (3 rd Cir. 1992) United States v. Weston, 1992 U.S. App. LEXIS 9061 (4 th Cir. 1992) United States v. Ellen, 961 F.2d 462 (4 th Cir. 1992) United States v. Akinkoutu, 1992 U.S. App. LEXIS 2223 (4 th Cir. 1992) Hartford Assoc. v. United States, 792 F.Supp. 358 (D. N.J. 1992) United States v. Schnabel, 939 F.2d 197 (4 th Cir. 1991) Kuerer v. Sullivan, 1991 U.S. App. LEXIS 5711 (4 th Cir. 1991) Mulberry Hills Dev. Corp. v. United States, 772 F.Supp (D. Md. 1991) United States v. Dee, 912 F.2d 741 (4 th Cir. 1990) United States v. Strissel, 920 F.2d 1162 (4 th Cir. 1990) Kuerer v. Sullivan, 887 F.2d 1080 (4 th Cir. 1989) United States v. Perra, 842 F.2d 73 (4 th Cir. 1988) Metz v. USPS, 836 F.2d 1342 (4 th Cir. 1988) In re Grand Jury Proceedings, 604 F.2d 798 (3rd Cir. 1979)

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