Nicholas Klinefeldt

UNITTEDSTATESSENATE COMMITTEE ON THE JUDICIARY QUESTIONNAIRE

FOR NON-JUDICIAL NOMINEES PUBLIC

1. Name: State full name (include any former names used). Nicholas Arthur Klinefeldt 2. Position: State the position for which you have been nominated. United States Attorney for the Southern District of Iowa 3. Address: List current office address. If city and state of residence differs from your place of employment, please list the city and state where you currently reside. Ahlers & Cooney, P.C. 100 Court Ave., Suite 600 Des Moines, Iowa 50309 Residence: 4. Birthplace: State date and place of birth. 1974; Des Moines, Iowa 5. Education: List in reverse chronological order each college, law school, or any other institution of higher education attended and indicate for each the dates of attendance, whether a degree was received, and the date each degree was received. The University of Iowa College of Law Attended from August 1997 to May 2000 Received Juris Doctor with Distinction in May 2000 Drake University Attended Summer 1998 The University of Iowa Attended from August 1992 to December 1995 Received Bachelor of Arts with Honors in December 1995 Des Moines Area Community College Attended Summer 1993 6. Employment Record: List in reverse chronological order all governmental agencies, business or professional corporations, companies, firms, or other enterprises, partnerships, institutions or organizations, non-profit or otherwise, with which you have been affiliated as an officer, director, partner, proprietor, or employee since graduation from college, whether or not you received payment for your services. Include the name and address of the employer and job title or description.

Ahlers & Cooney, P .C. 100 Court Ave., Suite 600 Des Moines, IA 50309 Associate March 2006 to Present Iowa Democratic Party Counsel Des Moines, Iowa Fall 2006 to March 2009 Obama for America State Counsel Des Moines, Iowa August 2008 to November 2008 Kelly, Libby & Hoopes, P.C. (Now LibbyHoopes, P.C.) 175 Federal Street Boston, MA 02110 Associate September 2003 to February 2006 The Honorable Christopher J. Armstrong, Chief Justice The Honorable Benjamin Kaplan, Justice Massachusetts Court of Appeals John Adams Courthouse One Pemberton Square Boston, MA 02108 Law Clerk September 2002 to August 2003 The Honorable Robert W. Pratt U.S. District Court Judge for the Southern District ofIowa United States Courthouse 123 E. Walnut St. Des Moines, IA 50309 Law Clerk August 2000 to August 2002 Tindal, Erdahl, Goddard & Nestor, P.C. (No longer in existence; previously located in Iowa City, Iowa) Law Clerk Fall 1998 to Spring 1999 Fall 1999 to Summer 2000 Federal Public Defender 340 Capital Square 400 Locust St. Des Moines, IA 50309 Law Clerk Suttrmer 1999 STARBASE Leadership Academy

Camp Dodge Johnston, Iowa 50131 Counselor Summer 1998 U.S. Senator Tom Harkin 731 Hart Senate Office Building Washington, D.C. 20510 Staff Assistant! Asst. to Legislative Director February 1997 to August 1997 U.S. Senator Tom Harkin's Reelection Campaign (Office closed; previously located in Des Moines, Iowa) Field Organizer/Regional Field Organizer January 1996 to November 1996 7. Militarv Service and Draft Status: Identify any service in the U.S. Military, including dates of service, branch of service, rank or rate, serial number (if different from social security number) and type of discharge received, and whether you have registered for selective service. I have not served in the U.S. military. I have registered for the selective service. 8. Honors and Awards: List any scholarships, fellowships, honorary degrees, academic or professional honors, honorary society memberships, military awards, and any other special recognition for outstanding service or achievement. J.D. with Distinction B.A. with Honors The Honorable Donald O'Brien scholarship for public service Recipient of Equal Justice Foundation grant Journal of Gender, Race & Justice (Student WriterlNote & Comment Editor) 9. Bar Associations: List all bar associations or legal or judicial-related committees, selection panels or conferences of which you are or have been a member, and give the titles and dates of any offices which you have held in such groups. American Bar Association Massachusetts Bar Association Boston Bar Association Iowa Bar Association Polk County Bar Association Equal Justice Foundation (Member, 1997-2000/Co-President, Blackstone Inn Criminal Justice Act Panel for the Southern District of Iowa Domestic Violence Intervention Program

1999-2000)

10. Bar and Court Admission: a. List the date (s) you were admitted to the bar of any state and any lapses in membership. Please explain the reason for any lapse in membership. Massachusetts 2001 (inactive beginning 2009)

Iowa 2006 (no lapses in membership) b. List all courts in which you have been admitted to practice, including dates of admission and any lapses in membership. Please explain the reason for any lapse in membership. Give the same information for administrative bodies that require special admission to practice. United States Court of Appeals, First Circuit (2004) United States Court of Appeals, Eighth Circuit (2006) United States District Court, District of Massachusetts (2003) United States District Court, Southern District of Iowa (2006) United States District Court, Northern District of Iowa (2006) State Courts of Massachusetts (2001) State Courts of Iowa (2006) No lapses in membership other than inactive in Massachusetts State Courts beginning in 2009. 11. Memberships: a. List all professional, business, fraternal, scholarly, civic, charitable, or other organizations, other than those listed in response to Questions 9 or 10 to which you belong, or to which you have belonged, since graduation from law school. Provide dates of membership or participation, and indicate any office you held. Include clubs, working groups, advisory or editorial boards, panels, committees, conferences, or publications. American Constitution Society (Approx. 2005 - Present) b. Indicate whether any of these organizations listed in response to lla above currently discriminate or formerly discriminated on the basis of race, sex, religion or national origin either through formal membership requirements or the practical implementation of membership policies. If so, describe any action you have taken to change these policies and practices. No.

12. Published Writings and Public Statements: a List the titles, publishers, and dates of books, articles, reports, letters to the editor,

editorial pieces, or other published material you have written or edited, including material published only on the Internet. Supply four (4) copies of all published material to the Committee. •

Article for Polk County Bar Association on Constitution Day Speech by Judge Robert W. Pratt (2006)

•

General editing responsibilities for Journal of Gender, Race & Justice (1998 - 2000)

b. Supply four (4) copies of any reports, memoranda or policy statements you prepared or contributed in the preparation of on behalf of any bar association, committee, conference, or organization of which you were or are a member. If

you do not have a copy of a report, memorandum or policy statement, give the name and address of the organization that issued it, the date of the document, and a summary of its subject matter. None. c. Supply four (4) copies of any testimony, official statements or other communications relating, in whole or in part, to matters of public policy or legal interpretation, that you have issued or provided or that others presented on your behalf to public bodies or public officials. None. d. Supply four (4) copies, transcripts or recordings of all speeches or talks delivered by you, including commencement speeches, remarks, lectures, panel discussions, conferences, political speeches, and question-and-answer sessions. Include the date and place where they were delivered, and readily available press reports about the speech or talk. If you do not have a copy of the speech or a transcript or recording of your remarks, give the name and address of the group before whom the speech was given, the date of the speech, and a summary of its subject matter. If you did not speak from a prepared text, furnish a copy of any outline or notes from which you spoke. None. e. List all interviews you have given to newspapers, magazines or other publications, or radio or television stations, providing the dates of these interviews and four (4) copies of the clips or transcripts of these interviews where they are available to you. I have done my best to identify all items called for in this question, including a thorough review of my personal files and searches of publicly available databases. I have located the following: The Iowa Independent, Lynda Waddington, "Klinefeldt tapped to be next Southern District US Attorney," 3/15/09

13. Public Office, Political Activities and Affiliations: a. List chronologically any public offices you have held, other than judicial offices, including the terms of service and whether such positions were elected or appointed. If appointed, please include the name of the individual who appointed you. Also, state chronologically any unsuccessful candidacies you have had for dective office or unsuccessful nominations for appointed office. None. b. List all memberships and offices held in and services rendered, whether compensated or not, to any political party or election committee. If you have ever held a position or played a role in a political campaign, identify the particulars of the campaign, including the candidate, dates of the campaign, your title and responsibilities.

Obama for America State Counsel (2008) I acted as general counsel for the campaign for the State of Iowa. My chief responsibilities consisted of coordinating and implementing a voter protection plan. Iowa Democratic Party Counsel (2006-2009) I acted as general counsel for the party. My role consisted of both advising the party on general matters, such as contract and employment issues, as well as advising them on campaign matters, such as advertisements and campaign fmance issues. I also coordinated and implemented voter protection plans for the party in the 2006 and 2008 elections. U.S. Senator Tom Harkin's Reelection Campaign Field Organizer/Regional Field Organizer (1996) I was a Field Organizer for Citizens for Harkin from January 1996 to August 1996 and then a Regional Field Organizer for the Coordinated Campaign from August 1996 to November 1996. The Citizens for Harkin field staff was shifted to a coordinated campaign and additional field staff were hired in August 1996. At that point, I became a regional field organizer, supervising approximately seven other field organizers. The job ofField Organizer consisted of mobilizing supporters, organizing events, and coordinating a get-out-the-vote effort for election day. 14. Legal Career: Answer each part separately. a. Describe chronologically your law practice and legal experience after graduation from law school including: 1.

whether you served as clerk to a judge, and if so, the name of the judge, the court and the dates of the period you were a clerk; Law Clerk The Honorable Christopher J. Armstrong, Chief Justice The Honorable Benjamin Kaplan, Justice Massachusetts Court of Appeals 2002-2003 Law Clerk The Honorable Robert W. Pratt u.S. District Court Judge for the Southern District ofIowa 2000-2002

11.

whether you practiced alone, and if so, the addresses and dates; I have not practiced alone.

111.

the dates, names and addresses of law firms or offices, companies or governmental agencies with which you have been affiliated, and the nature of your affiliation with each.

Ahlers & Cooney, P.C. 100 Court Ave., Suite 600 Des Moines, IA 50309 Associate March 2006 to Present Kelly, Libby & Hoopes, P.C. (Now LibbyHoopes, P.c.) 175 Federal Street Boston, MA 02110 Associate September 2003 to February 2006 IV.

whether you served as a mediator or arbitrator in alternative dispute resolution proceedings and, if so, a description of the 10 most significant matters with which you were involved in that capacity. I have not served as a mediator or arbitrator in alternative dispute resolution proceedings.

b. Describe: i. the general character of your law practice and indicate by date when its character has changed over the years. I began my career by doing two judicial clerkships: one for a federal district court judge and one for a state appellate court judge. I then became an associate for Kelly, Libby & Hoopes, P.C. in 2003, a boutique firm specializing in white-collar criminal defense. At ·that firm, I practiced mostly complex federal criminal defense. However, I also handled some state criminal matters, and a few civil cases. I then moved back to Iowa in 2006 and became an associate at Ahlers & Cooney, P.C., one of the largest firms in Iowa. At the Ahlers Firm, my practice has consisted of civil litigation, criminal defense, and election law. My civil litigation practice has consisted mainly of commercial litigation, employment litigation, and personal injury litigation - in which I have represented both plaintiffs and defendants. 11.

your typical clients and the areas at each period of your legal career, if any, in which you have specialized. My typical clients at Kelly, Libby & Hoopes, P.C. ranged from Fortune 500 companies and executives to indigent clients. My clients at the Ahlers Firm have consisted of both companies and individuals. In addition, my clients at the Ahlers Firm have also consisted of school districts.

c. Describe the percentage of your practice that has been in litigation and whether you appeared in court frequently, occasionally, or not at all. If the frequency of your appearances in court varied, describe such variance, providing dates.

Approximately 95% of my practice is litigation. I have appeared frequently in court. 1.

Indicate the percentage of your practice in: 1. federal courts (75%); 2. state courts of record (25%); 3. other courts (0%); 4. administrative agencies (0%).

ii. Indicate the percentage of your practice in: 1. civil proceedings; 2. criminal proceedings. At Kelly, Libby & Hoopes, P.C., I spent approximately 5% of my practice in civil proceedings and 95% in criminal proceedings. At the Ahlers Firm, I have spent approximately 25% in criminal proceedings and 75% in civil proceedings. d. State the number of cases in courts of record, including cases before administrative law judges, you tried to verdict, judgment or final decision (rather than settled), indicating whether you were sole counsel, chief counsel, Or associate counsel. 1.

What percentage of these trials were: I. jury (20%); 2. non-jury (80%).

I have tried one federal criminal case to verdict at a jury trial (which was as sole counsel), approximately three to five to judgment in front of a magistrate in small claims court (as sole counsel), and one attorney disciplinary matter to final decision in front of a three-attorney panel (as associate counsel). e. Describe your practice, if any, before the Supreme Court of the United States. Supply four (4) copies of any briefs, amicus or otherwise, and, if applicable, any oral argument transcripts before the Supreme Court in connection with your practice. I have not practiced before the Supreme Court of the United States. 15. Litigation: Describe the ten (10) most significant litigated matters which you personally handled, whether or not you were the attorney of record. Give the citations, if the cases were reported, and the docket number and date if unreported. Give a capsule summary of the substance of each case. Identify the party or parties whom you represented; describe in detail the nature of your participation in the litigation and the final disposition of the case. Also state as to each case: a. the date of representation; b. the name ofthe court and the name of the judge or judges before whom the case was litigated; and

c. the individual name, addresses, and telephone numbers of co-counsel and of principal counsel for each of the other parties. United States v. Gaddy Case Number: Federal District Court: 4:05-CR-00194 Eighth Circuit: No. 07-2625 Published: 532 F.3d 783 (8th Cir. 2008) Court/Judge:

United States District Court for the Southern District of Iowa! Judge Gritzner

Date of Representation: 2006-2008 Summary:

I represented a defendant on conspiracy to distribute crack cocaine and related charges through jury trial, appeal, and application for writ of certiorari. The case involved numerous defendants and, in the trial of this particular defendant, three cooperating witnesses, over two dozen wiretap conversations, and a confession. The jury found the defendant guilty of six out of eight counts, but on a special interrogatory on drug quantity found him not responsible for an amount that would have resulted in a mandatory life sentence. I appealed the case to the United States Court of Appeals, where oral argument was held but the case was affirmed, and the United States Supreme Court, where writ of certiorari was denied.

Co-Counsel:

None

Opposing Counsel:

Debra Scorpiniti United States Attorney's Office 110 E. Court Ave., Suite 286 Des Moines, IA 50309 515-473-9300

United States v. Moore Case Number: 4:07-CR-00070 Court/Judge:

Umted States District Court for the Southern District ofIowa! Judge Pratt

Date of Representation: 2007-2008 Summary:

I represented a defendant in a felon in possession of firearm charge through guilty plea and sentencing. The defendant was accused of firing a rife into a hotel room twice after an altercation in the parking lot. After an evidentiary hearing at sentencing, I was able to obtain a ruling against a 24-month enhancement to his sentence for using a firearm in connection with another offense (a state charge of intimidation with a dangerous weapon, for which he was originally arrested).

Co-Counsel:

None

Opposing Counsel:

John Courter United States Attorney's Office 110 E. Court Ave., Suite 286 Des Moines, IA 50309 515-473-9300

Board of Bar Overseers v. Attorney Case Number: Confidential Court/Judge:

Massachusetts Board of Bar Overseers

Date of Representation: 2005 Summary:

I represented a prominent criminal defense attorney in an ethics complaint through a four-day hearing in front of a three-attorney panel to a successful decision. The charges involved the handling of a civil case, and the panel ultimately found in our favor on 52 out of 54 charges. I was second chair on the case and Paul Kelly was first chair. However, I handled some ofthe witnesses at the hearing and most of the writing of motions and briefs.

Co-Counsel:

Paul Kelly Formerly: Partner, Kelly, Libby & Hoopes, P.C. Now: Executive Director National Hockey League Players' Association 20 Bay Street, Suite 1700 Toronto, Ontario M5J 2N8 Canada 416-313-2300

Opposing Counsel:

Stacey Best Office of Bar Counsel 99 High Street Boston, MA 02110 617-728-8750

United States v. Woo Case Number: 1:05-CR-1 0098 Court/Judge:

United States District Court for the District of Massachusetts/ Judge Gertner

Date of Representation: 2005-2006 Summary:

I represented a defendant on charges of money laundering and tax fraud through guilty plea and sentencing. The defendant was charged with laundering over $100,000 through her company for her boyfriend in connection with his very significant marijuana dealing operation. I was the principal contact for the client and Government, and handled both the briefing and oral argument at

sentencing. I was able to obtain a plea bargain for the client that kept her out of prison. Co-Counsel:

Frank Libby, Jr. LibbyHoopes, P.C. 175 Federal St. Boston, MA 02110 617-338-9300

Opposing Counsel:

Rachel Hershfang United States Attorney's Office John Joseph Moakley Federal Courthouse 1 Courthouse Way, Suite 9200 Boston, MA 02210 617-748-3100

United States v. DiFlumera Case Number: 4:04-CR-40002 Court/Judge:

United States District Court for the District of Massachusetts/ Judge Gorton

Date of Representation: 2004-2005 Summary:

I represented a former high-ranking u:6ion official in an extortion case through guilty plea and sentencing. The defendant was accused of extorting over a million dollars in a scheme whereby a grocery store chain alleged he threatened to have them organized if they did not pay. I was second chair on the case and Paul Kelly was first chair. However, I handled much of the client relations and briefing as well as some of the contact with the Government. I also handled matters such as securing the defendant's release from custody pending triaL

Co-Counsel:

Paul Kelly Formerly: Partner, Kelly, Libby & Hoopes, P.C. Now: Executive Director National Hockey League Players' Association 20 Bay Street, Suite 1700 Toronto, Ontario M5J 2N8 Canada 416-313-2300

Opposing Counsel:

Laura Kaplan United States Attorney's Office John Joseph Moakley Federal Courthouse 1 Courthouse Way, Suite 9200 Boston, MA 02210 617-748-3100

United States v. Reis Case Number: 4:04-CR-40002

Court/Judge:

United States District Court for the District of Massachusetts/ Judge O'Toole

Date of Representation: 2003-2004 Summary:

I represented a Brazilian attorney in a 54-count indictment, including charges of tax fraud and immigration fraud, through guilty plea and sentencing. The defendant was accused of committing immigration fraud by falsifying petitions for asylum. He was also accused of falsifying tax returns for illegal aliens without their knowledge and keeping the refund. Paul Kelly was the attorney of record, but I took primary responsibility for the case and ultimately obtained a plea bargain for a 30-month sentence.

Co-Counsel:

Paul Kelly Formerly: Partner, Kelly, Libby & Hoopes, P.C. Now: Executive Director National Hockey League Players' Association 20 Bay Street, Suite 1700 Toronto, Ontario M5J 2N8 Canada 416-313-2300

Opposing Counsel:

Paul Levenson United States Attorney's Office John Joseph Moakley Federal Courthouse 1 Courthouse Way, Suite 9200 Boston, MA 02210 617-748-3100

United States v. Garcia-Briceno Case Number: 4:07-CR-00223 Court/Judge:

United States District Court for the Southern District ofIowa! Judge Longstaff

Date of Representation: 2007-2008 Sumniary:

I represented a defendant on conspiracy to distribute methamphetamine and related charges through guilty plea and sentencing. The defendant was one of approximately a dozen defendants accused of being involved in the conspiracy, that included his brother and a complex organization with individuals performing discrete functions. I was able to obtain a sentence, over the Government's objection, for one of the lowest terms of imprisonment in the case.

Co-Counsel:

None

Opposing Counsel:

Jason Griess United States Attorney's Office

110 E. Court Ave., Suite 286 Des Moines, IA 50309 515-473-9300 Floden v. Des Moines Independent

Community

School District

Case Number: 4:07 -CV -00177/2008 WL 3992249 Court/Judge:

United States District Court for the Southern District ofIowa! Judge Jarvey

Date of Representation: 2007-2008 Summary:

I represented the Des Moines school district on American with Disabilities Act and Family Medical Leave Act claims through summary judgment. The plaintiff alleged that the school district had violated her FMLA rights and the ADA when, during the various times that she was taking FMLA leave, it transferred her to another position and then, later, allegedly forced her to resign from that position. I was able to obtain an order granting our motion for summary judgment and dismissing the case.

Co-Counsel:

None

Opposing Counsel:

James Sayre James L. Sayre, P.C. 13375 University Ave., Suite 101 Clive, IA 50325 515-457-7086 School District & Sheila

Dock v. Des Moines Independent Mason

Community

Case Number: 4:07-CV-00065/604

F.Supp.2d 1230 (S.D. Iowa 2009)

Court/Judge:

United States District Court for the Southern District ofIowa! Magistrate Judge Walters

Date of Representation: 2007-2009 Summary:

I represented the Des Moines school district and one of its executives in claims of race and gender employment discrimination through summary judgment. The plaintiff alleged that an executive at the school district targeted her and ultimately terminated her because she was an African-American woman. The case involved numerous witnesses to various complaints by the plaintiff. The court granted in part and denied in part our summary judgment motion, and we were able to resolve the case prior to trial through settlement.

Co-Counsel:

None

Opposing Counsel:

Scott Bandstra

Bandstra Law Firm, P.C. 505 5th Ave., Suite 810 Des Moines, IA 50309 515-283-2050 Mark Sherinian Sherinian & Walker PC 630 Colony Park 3737 Woodland Ave. West Des Moines, IA 50266 515-224-2079 Klier-Young v. Des Moines Independent Community School District Case Number: LACL103004 Court/Judge:

Iowa District Court for Polk County/Judge Reis

Date of Representation: 2006-2007 Summary:

I represented the Des Moines school district in a personal injury action. Plaintiff suffered a serious leg injury on the steps of a main school district building while attending a busy orientation for her son. Plaintiff claimed that the school district was at fault both in its maintenance and design of the building. I was aable to show that the action really amounted to a claim about the design of the stairs and, with the assistance of an expert witness apd law that applies unique liability protection to schools, was able to get summary judgment for the school district.

Co-Counsel:

None

Opposing Counsel:

William R. King DavisBrown Law Firm 215 10th Street, Ste. 1300 Des Moines, IA 50309 515-246-7932

16. Legal Activities: Describe the most significant legal activities you have pursued, including significant litigation which did not progress to trial or legal matters that did not involve litigation. Describe fully the nature of your participation in these activities. List any client(s) or organization(s) for whom you performed lobbying activities and describe the lobbying activities you performed on behalf of such client(s) or organizations(s). (Note: As to any facts requested in this question, please omit any information protected by the attorney-client privilege.) I have been involved in matters that did not involve a trial in both the public and private sector. As a judicial clerk, I assisted judges in preparing their rulings in both the federal district court and state appellate court settings. These matters consisted of both civil and criminal cases. In private practice, I have handled criminal matters that have ranged from complex matters involving Fortune 500 companies and political entities to drug and violent crimes

involving indigent defendants. In Boston, I represented a large phannaceutical company and numerous executives of other large phannaceutical companies in various grand jury investigations and internal investigations. I also represented the Office of the Speaker of Massachusetts in a federal grand jury investigation that involved the Speaker of the House. My role in that case included coordinating the document production in response to the subpoenas and representing employees of the Office of the Speaker before the grand jury. While in Boston, I also provided individual representation to a client in London, England, who was not a party but nonetheless a central figure, in relation to numerous lawsuits in both the United States and United Kingdom involving the reinsurance market. In addition, I have handled a number of cases where matters were resolved by way of pre-lawsuit negotiations. I have also occasionally advised companies with regard to employment practices. I have not performed any lobbying activities. 17. Teaching: What courses have you taught? For each course, state the title, the institution at which you taught the course, the years in which you taught the course, and describe briefly the subject matter of the course and the major topics taught. If you have a syllabus of each course, provide four (4) copies to the committee. None. 18. Deferred Income! Future Benefits: List the sources, amounts and dates of all anticipated receipts from deferred income arrangements, stock, options, uncompleted contracts and other future benefits which you expect to derive from previous business relationships, professional services, firm memberships, former employers, clients or customers. Describe the arrangements you have made to be compensated in the future for any financial or business interest. If! am confirmed, I will resign from my position at Ahlers & Cooney, P.c. Upon my resignation, I will receive compensation from my law firm through that date. In addition, I will remain vested in the firm's 401(k) plan, but neither I nor my firm will make any further contributions to it. 19. Outside Commitments During Service: Do you have any plans, commitments, or agreements to pursue outside employment, with or without compensation, during your service with the court? If so, explain. No. 20. Sources of Income: List sources and amounts of all income received during the calendar year preceding your nomination and for the current calendar year, including all salaries, fees, dividends, interest, gifts, rents, royalties, licensing fees, honoraria, and other items exceeding $500 or more (if you prefer to do so, copies of the [mancial disclosure report, required by the Ethics in Government Act of 1978, may be substituted here). Financial disclosure report is attached. 21. Statement of Net Worth: Please complete the attached financial net worth statement in detail (add schedules as called for). See attached net worth statement.

22. Potential Conflicts of Interest: a. Identify the family members or other persons., parties, affiliations, pending and categories of litigation, financial arrangements or other factors that are likely to present potential conflicts-of-interest when you first assume the position to which you have been nominated. Explain how you would address any such conflict if it were to arise.

In connection with the nomination process, I have consulted with the Office of Government Ethics and the Department of Justice's designated agency ethics official to identify potential conflicts of interest. Any potential conflict of interest will be resolved in accordance with the terms of an ethics agreement that I have entered into with the Department's designated agency ethics official. b. Explain how you will resolve any potential conflict of interest, including the procedure you will follow in determining these areas of concern. In the event of a potential conflict of interest, I will consult with the ethics officials for the Executive Office for the United States Attorneys, Department of Justice. 23. Pro Bono Work: An ethical consideration under Canon 2 of the American Bar Association's Code of Professional Responsibility calls for "every lawyer, regardless of professional prominence or professional workload, to fmd some time to participate in serving the disadvantaged." Describe what you have done to fulfill these responsibilities, listing specific instances and the amount of time devoted to each. If you are not an attorney, please use this opportunity to report significant charitable and volunteer work you may have done. I have taken the commitment to do pro bono work very seriously. During law school, I underwent extensive training and volunteered for a program for women who had been domestically abused and assisted them in getting restraining orders. In addition, I was a member and Co-President of the Equal Justice Foundation at my law school, which raised money for law students to take public interest summer jobs. I did judicial clerkships for three years following graduation from law school. While these positions did not allow for the opportunity to do pro bono work, I considered this work to be for the benefit of the public. In private practice, I have spent afternoons volunteering at the Legal Aid office in Des Moines, Iowa. I have also been an active member of the Criminal Justice Act panel, which handles court-appointed cases at a reduced hourly rate for persons who cannot afford an attorney. Often my work for the Criminal Justice Act panel involves me providing services that are not compensable. In addition, I perform free legal services for people referred to me by colleagues involved in mentoring and charitable activities. . It is difficult to provide the exact amount of time I have spent doing pro bono work as I have never kept track of the hours.

FINANCIAL STATEMENT

Nicholas A. Klinefeldt

NET WORTH Provide a complete, current financial net worth statement which itemizes in detail all assets (including bank accounts, real estate, securities, trusts, investments, and other financial holdings) all liabilities (including debts, mortgages, loans, and other financial obligations) of yourself, your spouse, and other immediate members of your household.

LIABILITIES

ASSETS Cash on hand and in banks

3

700

U.S. Government securities-add schedule Listed securities-add schedule Unlisted securities--add

Notes payable to banks-secured Notes payable to banks-unsecured

19

600

Notes payable to relatives 'Notes payable to others

schedule

Accounts and notes receivable:

Accounts and bills due

Due from relatives and friends

Unpaid income tax

Due from others

Other unpaid income and interest

Doubtful

Real estate mortgages payable-add schedule

Real estate owned-add schedule

242

000

Real estate mortgages receivable Autos and other personal property

218

000

54

600

13

500

Chattel mortgages and other liens payable Other debts-itemize: Student Loan for Nick Klinefeldt

31

-

000

Cash value-life insurance

Student Loan for Andria Klinefeldt

Other assets itemize:

Credit Card

3

000

Total liabilities

289

100

7

200

296

300

Net Worth Total Assets CONTINGENT

296 LIABILITIES

As endorser, comaker or guarantor

300

Total liabilities and net worth GENERAL INFORMATION

none

Are any assets pledged? (Add schedule)

No

none

Are you defendant in any suits or legal actions?

No

Legal Claims

none

Have you ever taken bankruptcy?

No

Provision for Federal Income Tax

none

On leases or contracts

Other special debt none

FINANCIAL STATEMENT NET WORTH SCHEDULES

Listed Securities Vanguard Vanguard Vanguard Vanguard Vanguard Vanguard

500 Index Fund Global Equity Fund Intermediate Term Bond Index Fund Mid-Cap Index Fund Small-Cap Index Fund Wellington Fund

$3,700 $3,600 $2,500 $4,600 $4,900 $300

Real Estate Owned $242,000

Personal Residence ( Mortgagees: Nationwide Great Western Bank

Real Estate Mortgages Payable Personal Residence Mortgagees: Nationwide Great Western Bank

) $184,900 $33,500

AFFIDAVIT

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that the information provided in this statement of my knowledge, true and accurate.

8/31/09 (DATE)

, do swear is, to the best

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