Government's lawyer, 32, but toughened by experience

By Jeff Smith, Rocky Mountain News (Contact)

Monday, December 17, 2007

Stephan Oestreicher was 13 years old when Joe Nacchio?s attorney, Maureen Mahoney, argued her first case in front of the U.S. Supreme Court.

Now, Oestreicher is a 32-year-old hotshot criminal attorney with the U.S. Justice Department, who?s about to face off against Mahoney at former Qwest CEO Nacchio?s appellate hearing today.

Oestreicher, despite his boyish looks, has been toughened by experience. He has handled or assisted in a number of appellate cases since joining the Justice Department in 2003, many of them drug- or terrorist-related, including the appeal of the government?s detention of terrorist suspect Jose Padilla. Padilla since has been convicted of aiding terrorists.

Attorneys describe Oestreicher as an experienced lawyer with a patriotic ?truth and justice? demeanor. He won a U.S. Attorney General?s Award for Distinguished Service in 2005.

Oestreicher was hammered by the Fifth Circuit Court of Appeals in New Orleans last year. The panel overturned government convictions of four Merrill Lynch executives involved in Enron?s alleged phony sale of a Nigerian power-generating barge.

But two lawyers said Oestreicher was hampered by a weak government case and an appellate panel intent on punishing the Enron Task Force for overreaching.

?I understand from people who saw (the hearing) that the government got bloodied,? said Houston lawyer Tom Kirkendall, who represents three former Enron executives in civil lawsuits and who followed the Nigerian barge case closely. ?But I would attribute that more to the weakness of the government case than anything. It was substantially different from the Nacchio (insider-trading case).?

Another attorney said that while Oestreicher didn?t have good answers for all the questions posed by the judges, he appeared relaxed and confident.

He received his law degree in 2001 from Vanderbilt University, also serving as articles editors on the Vanderbilt Law Review. His bachelor?s degree is in philosophy and history from Tulane University in New Orleans.

Nancy King, Oestreicher?s criminal law professor at Vanderbilt, said she doesn?t usually comment about students but said of Oestreicher: ?He was a great student; he?s extremely capable.?

Oestreicher clerked for federal appellate Judge Karen LeCraft Henderson in the Washington, D.C., Circuit Court of Appeals. He is married to a lawyer. A wine enthusiast, he?s said to enjoy a Chateau Haut Brion ? when he can afford one.

smithje@RockyMountainNews.com or 303-954-5155

Stephan E. Oestreicher Jr.

Federal prosecutor who will make the government's arguments at Joe Nacchio's appellate hearing.

* Age: 32

* Education: Law degree from Vanderbilt University. Bachelor's degree in philosophy and history from Tulane University in New Orleans.

* Career highlights: Has worked in the Justice Department's criminal division since May 2003. Has handled a number of government arguments at the appellate level, including the Nigerian barge case involving the alleged phony sale by Enron of a barge to Merrill Lynch.

* Of Interest: Won the U.S. Attorney General's Award for Distinguished Service in 2005 for advocating the U.S. position on sentencing guidelines.