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Tony West (attorney)

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Tony West
17thUnited States Associate Attorney General
In office
March 12, 2012 – September 15, 2014
PresidentBarack Obama
Preceded byThomas Perrelli
Succeeded byRachel Brand
United States Assistant Attorney General for the Civil Division
In office
April 20, 2009 – March 12, 2012
PresidentBarack Obama
Preceded byGregory G. Katsas
Succeeded byStuart F. Delery
Personal details
Born
Derek Anthony West

(1965-08-12)August 12, 1965(age 58)
San Francisco,California,U.S.
Political partyDemocratic
Spouse
​
(m.1998)​
EducationHarvard University(BA)
Stanford University(JD)

Derek Anthony West(born August 12, 1965) is an American attorney and former government official, and the current Senior Vice President andchief legal officerofUber.[1][2]Before Uber, West wasAssociate Attorney General of the United States[3]and general counsel ofPepsiCo.[4]West previously served as theAssistant Attorney General of the Civil Division,the largest litigating division in the Department of Justice.[5]

During his time at the Department of Justice, West played a role in the administration's decision to stop defending theDefense of Marriage Act (DOMA)after concluding that the statute was unconstitutional.[6]West was also involved in efforts by the Department to reclaim $37 billion from large financial institutions[7]and worked on the department's efforts to improve public safety in Indian country, including the tribal provisions in the 2013 reauthorization of theViolence Against Women Act (VAWA).[8][9][10]On August 21, 2014, West announced a $16.65 billion settlement withBank of Americato resolve federal and state claims against Bank of America and its former and current subsidiaries, includingCountrywide Financial CorporationandMerrill Lynch.[11][12]

West is the brother-in-law of U.S.Vice PresidentKamala Harris.

Early life and education[edit]

West was born inSan Francisco, California,the son of Margaret "Peggy" (néeReddick) and Franklin Delano West (1940-2013).[13][14][15]West was raised inSan Jose, California,where he lived with his two younger sisters, Pamela and Patricia.[16]His father, the first person in his family to attend college, was born and raised inGeorgiaand worked forIBMwhile his mother, who was a teacher, was born and raised inAlabama.[14][17]He attendedBellarmine College Preparatory,aCatholic,all-male, private secondary school, where he served as freshman class president, before graduating in 1983.[18]

West received hisBachelor of Artsin government fromHarvard Collegein 1987, where he served as publisher of theHarvard Political Review.[19]In 1988, West began volunteering and working on political campaigns, engaging inDemocraticpolitical causes, such as working as the chief of staff to theBoston, Massachusettstreasurer ofMichael Dukakis'spresidential campaign.[20]West also served as a finance director to theDemocratic Governors Association,until 1989.[20]He received hisJuris DoctorfromStanford Law Schoolin 1992, where he served as the President of theStanford Law Review.[21]While attendingStanford,he worked as a summer intern forSwidler Berlin Shereff Friedmanin 1990.[20]He also worked as a summer intern for Tuttle & Taylor, andMorrison & Foersterin 1991.[14]

Career[edit]

After graduating, West continued his work in Democratic politics, working as chief of staff to the finance chair of theCalifornia Democratic Party,while also working in private practice as an associate at theBingham McCutchenSan Jose office, from 1992 to 1993.[14]In 1993, he was admitted to theState Bar of California,and was admitted to theSuperior Court of Californiaand theU.S. District Court for the Northern District of California.[20]

From 1999 to 2001, he was a Special Assistant Attorney General in the Office of theCalifornia Attorney General,underBill Lockyer.[22][23]From 2001 to 2009, he was alitigationpartneratMorrison & Foerster LLPinSan Francisco.[24]He also served as the California co-chairman ofBarack Obama's 2008 presidential campaign.[25]

West serves on the Board of Directors for theNAACP Legal Defense and Educational Fund, Inc.[26]

U.S. Department of Justice[edit]

West began his career at the Justice Department when he joined theClinton administrationin 1993, as a Special Assistant underPhilip Heymann,theDeputy Attorney Generalof theUnited States Department of Justice,[27]until 1994, when he was appointed as an AssistantUnited States Attorney(AUSA) for theNorthern District of California.[22]As an Assistant U.S. Attorney, West prosecuted child sexual exploitation, fraud, narcotics distribution, interstate theft, and high tech crime.[28]

In 2009, West returned to the Justice Department when President Obama nominated him to serve as Assistant Attorney General of theDepartment of Justice Civil Division.[29]West led the Obama Administration's review of the constitutionality of theDefense of Marriage Act(DOMA), which ultimately resulted in President Obama's and Attorney General Holder's decision to stop defending DOMA.[30][31][32]During his tenure at the helm of the Civil Division, the Division recovered more than $8.8 billion in taxpayer money under theFalse Claims Act.[33]On the consumer protection front, West oversaw cases that resulted in more than 115 criminal convictions, as well as recoveries of more than $3.5 billion, during his three-year tenure.[34]

Associate Attorney General[edit]

Tony West speaks at the U.S. Department of Justice in 2013

Beginning on March 9, 2012, West served as the ActingAssociate Attorney Generaluntil the U.S. Senate confirmed West to be Associate Attorney General in a 98-1 vote on July 25, 2013.[35][36]In September 2014, when Attorney GeneralEric Holderannounced his intention to step down, West was speculated as being a potential successor as the nextUnited States Attorney General.[37][38][39]

As Associate Attorney General, West led the department's efforts against financial institutions in connection with their roles in precipitating theGreat Recession.[40]These include two of the largest civil resolutions against a single entity in American history: Bank of America ($16.65 billion) and JPMorgan ($13 billion).[41]In total, the department's efforts recovered nearly $37 billion.[41][42]

Additionally, West led the department's investigation and filing of a civil lawsuit against the credit rating agency Standard & Poor's Rating Services for allegedly engaging in a scheme to defraud investors in structured financial products, resulting in the loss of billions of dollars by investors, many of whom are federally-insured financial institutions.[40][43]The investigation and lawsuit involved collaboration with several state attorneys general offices, a number of which also filed civil fraud lawsuits against S&P alleging similar misconduct in the rating of structured financial products.[43]

West also oversaw constitutional policing enforcement actions by the Civil Rights Division and led the department's negotiations with Puerto Rico to reach a historic agreement that requires the Commonwealth's police department to implement and sustain a wide range of constitutional policies and procedures, including those that address use of force, equal protection and non-discrimination, and community engagement.[44]

West also led the department's commitment to supporting the provision of indigent legal defense.[45]In June 2014, West represented the United States at the U.N.’s International Conference on Access to Legal Aid in the Criminal Justice Systems in South Africa.[46]In 2013, West oversaw the department’s filing of a statement of interest in Wilbur v. City of Mount Vernon (WD Wash.), a class action lawsuit alleging that accused defendants were systemically denied effective assistance of counsel. Without taking a position on the merits of the case, the filing requested that if the court found constitutional violations, it consider workload controls for public defenders and appointment of an independent monitor to ensure compliance.[47]The plaintiffs in the case prevailed on the merits and the court required defendants to hire a part-time public defender supervisor to monitor and report the defendants’ delivery of indigent defense representation.[48]

Native American issues[edit]

During West's tenure as Associate Attorney General, the Justice Department secured passage of tribal provisions in the Violence Against Women Reauthorization Act of 2013, allowingtribal courtsto prosecute non-Indian perpetrators of domestic violence in Indian country.[49][50]West oversaw a consultation with tribes to implement the Pilot Project, which allowed tribes to exercise the special domestic violence criminal jurisdiction over non-Indians ahead of the law's March 2015 effective date.[51][52]West authorized three tribes – thePascua Yaqui Tribeof Arizona, theTulalip Tribesof Washington, and theConfederated Tribes of the Umatilla Indian Reservation– to become the first tribes in the country to exercise the new jurisdiction.[41]West also oversaw the creation and work of the Attorney General's Task Force on American Indian/Alaska Native Children Exposed to Violence, which included an Advisory Committee—chaired by SenatorByron Dorgan—of non-federal experts and an interagency Federal Working Group of high-level federal officials.[53][54]

PepsiCo[edit]

On October 7, 2014, PepsiCo, Inc. announced that West had joined the company as executive vice president of government affairs, general counsel and corporate secretary, effective November 24, 2014.[55]West succeededLarry Thompson,who retired after a decade with the company.[34]West was responsible for PepsiCo's worldwide legal function and government affairs organization, as well as the company's global compliance function and the PepsiCo Foundation.[34]He reported to PepsiCo Chairman and CEOIndra Nooyi.

Uber[edit]

In October 2017, West announced that he was leaving PepsiCo to take a position as General Counsel atUber.This announcement shortly followed the completion of an investigation by former U.S. Attorney GeneralEric Holderinto allegations of sexual harassment and discrimination atUber.[56]

Political campaigns[edit]

In 1998, West ran for a seat on theSan Jose City Council.[57]In the primary, West's main challenger wasCindy Chavez,the staff director of Working Partnerships USA. He came in second to Chavez in the June 2 primary, with 41.2% of the vote.[58]West was ultimately defeated, receiving 48% of the vote in the general election.[59]

West also ran for theCalifornia State Assembly,for the 23rd district, in 2000.[18]After incumbentMike Hondaran for theU.S. House of Representatives,leaving a vacancy, West was one of six Democrats to run for the open seat. He was defeated in the primary by San Jose City CouncilmanManny Diaz,receiving 38% of the total votes cast.[60]

On November 30, 2016, Senator-electKamala Harrisannounced that West, her brother-in-law, would co-chair her transition team.[61]

Personal life[edit]

West marriedMaya Harris,the sister of Vice PresidentKamala Harris,in July 1998, becoming the step-father to her daughter,Meena Harrisfrom an earlier relationship.[62][63]They were both in the class of 1992 at Stanford Law School.[64]They became friends at school, but did not begin a relationship until after graduation.[65]

References[edit]

  1. ^"Leadership Profiles and Board of Directors | Uber Newsroom US".Uber Newsroom.Retrieved2020-06-25.
  2. ^Romm, Tony (2017-10-27)."Uber has hired PepsiCo's Tony West as its new chief legal officer".Vox.Retrieved2020-06-25.
  3. ^Horwitz, Sari (February 27, 2012)."Justice Dept. lawyer Tony West to take over as acting associate attorney general".Washington Post.
  4. ^"Tony West: From Student Body President to PepsiCo General Counsel".Bloomberg Law.Retrieved2017-07-07.
  5. ^"Meet the Associate Attorney General".justice.gov.
  6. ^Jonathan Capehart,"Tony West, straight hero in fight for gay marriage, to leave Justice Department",The Washington Post(September 14, 2014)
  7. ^Ben Protess,"Tony West, Top Nemesis of Big Banks, Is Leaving Justice,",The New York Times,(September 3, 2014)
  8. ^Sari Horwitz,"Tony West, third-ranking official at Justice Department, to step down,"The Washington Post,(September 3, 2014).
  9. ^"Acting Associate Attorney General Tony West Speaks at the 20th Annual Four Corners Indian Country Conference - OPA - Department of Justice".justice.gov.Archived fromthe originalon 2016-03-06.Retrieved2015-06-26.
  10. ^"Remarks by Associate Attorney General Tony West at the Four Corners Conference - OPA - Department of Justice".justice.gov.26 August 2014.
  11. ^"Bank of America to Pay $16.65 Billion in Historic Justice Department Settlement for Financial Fraud Leading up to and During the Financial Crisis".justice.gov.28 August 2014.
  12. ^Los Angeles Times (21 August 2014)."Bank of America to pay record $16.65 billion to settle mortgage claims".Los Angeles Times.
  13. ^Franlin West Obituaryaccessed 11/15/2020
  14. ^abcd"Tony West Assistant Attorney General for the Civil Division of the Department of Justice (since April 2009)".washingtonpost.May 25, 2013. Archived fromthe originalon April 2, 2015.
  15. ^United States Senate Committee on the Judiciary(March 10, 2009)."Testimony of Tony West".judiciary.senate.gov. Archived fromthe originalon December 16, 2012.RetrievedMay 26,2013.
  16. ^United States Department of Justice(May 23, 2013)."Acting Associate Attorney General Tony West Testifies Before the U.S. Senate Committee on the Judiciary".justice.gov.
  17. ^Health Care Compliance Association(April 2011)."Meet Tony West Assistant Attorney General, Civil Division, United States Department of Justice"(PDF).hcca-info.org.
  18. ^abPhil Mattingly (April 9, 2013)."S&P Prosecutor's Stalled Nomination Is Bump in Fast-Track Career".bloomberg.
  19. ^Wayne State University(February 23, 2013)."Wayne Law to host talk by U.S. Assistant Attorney General Tony West March 8".media.wayne.edu.
  20. ^abcdUnited States Senate Committee on the Judiciary(November 16, 2012)."UNITED STATES SENATE COMMITTEE ON THE JUDICIARY QUESTIONNAIRE FOR NON-JUDICIAL NOMINEES"(PDF).judiciary.senate.gov. Archived fromthe original(PDF)on March 4, 2016.
  21. ^"Press Release | Press Releases | Press | U.S. Senator Patrick Leahy of Vermont".Leahy.senate.gov.Retrieved2017-07-07.
  22. ^abUnited States Government Printing Office(April 20, 2009)."NOMINATIONS OF TONY WEST TO BE ASSISTANT ATTORNEY GENERAL; LANNY A. BREUER TO BE ASSISTANT ATTORNEY GENERAL; CHRISTINE ANNE VARNEY TO BE ASSISTANT ATTORNEY GENERAL".gpo.gov.
  23. ^United States Department of Justice(February 25, 2013)."Acting Associate Attorney General Tony West Speaks at the National Association of Attorneys General Winter/Spring Meeting".justice.gov.
  24. ^"Obama Nominates Tony West to Fill No. 3 DOJ Post Full-Time".Main Justice.Archived fromthe originalon 2015-06-26.Retrieved2013-04-14.
  25. ^Sari Horwitz (27 February 2012)."Justice Dept. lawyer Tony West to take over as acting associate attorney general".The Washington Post.Archived fromthe originalon 10 November 2013.
  26. ^"NAACP LDF Board of Directors | NAACP Legal Defense & Education fund".NAACP Legal Defense and Educational Fund.Retrieved2020-11-27.
  27. ^Sari Horowitz (February 27, 2012)."Justice Dept. lawyer Tony West to take over as acting associate attorney general".washingtonpost.Archived fromthe originalon November 10, 2013.
  28. ^American Bar Association(May 26, 2012)."TONY WEST"(PDF).americanbar.org. Archived fromthe original(PDF)on June 26, 2015.RetrievedMay 26,2013.
  29. ^White House,"President Barack Obama Announces Key DOJ Appointees"(Jan. 22, 2009).
  30. ^Jonathan Capehart,"Tony West, straight hero in fight for gay marriage, to leave Justice Department,",The Washington Post,(September 4, 2014)
  31. ^"Book: How Barack Obama, Eric Holder agreed on DOMA plan,"Politico (Apr. 18, 2014)
  32. ^Adam Liptak,"Same-Sex Marriage Is a Right, Supreme Court Rules, 5-4,",The New York Times,(June 26, 2015)
  33. ^"Holder Taps Tony West For DOJ's No. 3 Spot,"Law360 (February 27, 2012).
  34. ^abcId.
  35. ^"U.S. Senate: Roll Call Vote".senate.gov.27 January 2015.
  36. ^"Attorney General Eric Holder Welcomes the Confirmation of Tony West as the Associate Attorney General of the United States | OPA | Department of Justice".Justice.gov.2013-07-25.Retrieved2017-07-07.
  37. ^"Five candidates to replace Holder".TheHill. 2014-09-25.Retrieved2017-07-07.
  38. ^"Eric Holder: Barack Obama Mulls Replacements for Attorney General".Time.Retrieved2017-07-07.
  39. ^Kane, Paul (2014-09-25)."Attorney general confirmation process is fractious even before it's begun".The Washington Post.Retrieved2017-07-07.
  40. ^abProtess, Ben (2014-09-03)."Tony West, Top Nemesis of Big Banks, Is Leaving Justice Department".The New York Times.Retrieved2017-07-07.
  41. ^abcId.
  42. ^"Tony West quits as top DoJ official".Financial Times.3 September 2014.Retrieved2017-07-07.(subscription required)
  43. ^ab"Acting Associate Attorney General Tony West Speaks at the Press Conference Announcing Lawsuit Against S&P | OPA | Department of Justice".Justice.gov.2013-02-05.Retrieved2017-07-07.
  44. ^"Justice Department Enters into Far-reaching Agreement with the Commonwealth of Puerto Rico to Reform the Puerto Rico Police Department | OPA | Department of Justice".Justice.gov.2013-07-17.Retrieved2017-07-07.
  45. ^"Acting Associate Attorney General Tony West Delivers Remarks at the American Constitution Society Annual Convention | OPA | Department of Justice".Justice.gov.2013-06-14.Retrieved2017-07-07.
  46. ^"IIP Publications".Iipdigital.usembassy.gov.2017-01-20.Retrieved2017-07-07.
  47. ^"Archived copy".Archived fromthe originalon 2017-05-27.Retrieved2016-06-02.{{cite web}}:CS1 maint: archived copy as title (link)
  48. ^"Federal Court Finds Public Defense System Violates Constitutional Rights of Indigent Defendants | American Civil Liberties Union".Aclu.org.2013-12-05.Retrieved2017-07-07.
  49. ^"Associate Attorney General Tony West Delivers Remarks at the National Indian Child Welfare Association's Thirty-second Annual Protecting Our Children Conference | OPA | Department of Justice".Justice.gov.2014-04-14.Retrieved2017-07-07.
  50. ^"Native American Women Finally Gain More Protection From Rape And Abuse Thanks To VAWA | Care2 Causes".Care2.2014-02-10.Retrieved2017-07-07.
  51. ^Horwitz, Sari (2014-02-06)."3 tribes authorized to prosecute non-Native American men in domestic violence cases".The Washington Post.Retrieved2017-07-07.
  52. ^"Justice Department Announces Three Tribes to ImplementSpecial Domestic Violence Criminal Jurisdiction Under VAWA 2013 | OPA | Department of Justice".Justice.gov.2014-02-06.Retrieved2017-07-07.
  53. ^"OJJDP News @ a Glance - May/June 2014".Ojjdp.gov.Retrieved2017-07-07.
  54. ^"Associate Attorney General Tony West Delivers Remarks at the American Indian / Alaskan Native Children Exposed to Violence Hearing | OPA | Department of Justice".Justice.gov.2013-12-09.Retrieved2017-07-07.
  55. ^"PepsiCo Names Tony West Executive Vice President, Government Affairs, General Counsel and..."Prnewswire.7 October 2014.
  56. ^"Uber reveals extent of sexual assault problem: thousands of abuse reports a year".NBC News.5 December 2019.Retrieved2020-06-25.
  57. ^Scott Herhold (May 21, 2013)."Herhold: Whatever happened to Zuckerberg, Mt. Umunhum and the Golden Spigot?".mercurynews.
  58. ^"Member, City Council; City of San Jose, Municipal Election; District 3".smartvoter.org. June 2, 1998.
  59. ^"City Offices for Santa Clara County, CA".smartvoter.org. November 3, 1998.
  60. ^Secretary of State of California(February 7, 2000)."Member of the State Assembly (by county within district)"(PDF).sos.ca.gov. Archived fromthe original(PDF)on November 13, 2013.RetrievedMay 26,2013.
  61. ^Cockerhamscockerham, Sean (2016-11-30)."Sen.-elect Kamala Harris picks top deputy in California Attorney General's office as her chief of staff | McClatchy Washington Bureau".Mcclatchydc.Retrieved2017-07-07.
  62. ^Ruggiero, Anthony (2017-06-20)."Tuesday's Juice".Politico.Retrieved2017-07-07.
  63. ^"Maya Harris: senior policy adviser to Hillary Clinton - Fortune".Fortune.
  64. ^Driscoll, Sharon (May 17, 2010)."Tony and Maya: Partners in Public Service".Stanford Lawyer.RetrievedMarch 11,2020.
  65. ^Horwitz, Sari (February 27, 2012)."Justice Dept. lawyer Tony West to take over as acting associate attorney general".The Washington Post.RetrievedMarch 11,2020.

External links[edit]

Legal offices
Preceded by United States Associate Attorney General
2012–2014 		Succeeded by
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