of how criminal justice is administered in the United States. In a series of major articles, she has explored the relationship between separation of powers and the criminal law, and the relationship between federalism and the criminal law. Barkow has also considered the role of mercy and clemency in criminal justice, paying particular attention to the relationship between administrative law’s dominance and the increasing reluctance of scholars and experts to accept pockets of unreviewable discretion in criminal law. Barkow has been invited to present her work in various settings. She has testified before the House Subcommittee on Commerce, Trade, and Consumer Protection regarding the proposed Consumer Financial Protection Agency; before the U.S. Sentencing Commission to make recommendations for reforming the federal sentencing system; and before the Senate Judiciary Committee at a hearing on the future of the federal Sentencing Guidelines. She has also presented her work on sentencing to the National Association of Sentencing Commissions Conference, the Federal Judicial Center’s National Sentencing Policy Institute, and the Judicial Conference of the Courts of Appeals for the First and Seventh Circuits. In addition, she has presented papers at numerous law schools. After graduating from Northwestern University (B.A. ’93), Barkow attended Harvard Law School ( J.D. ’96), where she won the Sears Prize, awarded annually to the two students with the top overall grade averages in the first-year class. She served as a law clerk to Judge Laurence H. Silberman on the United States Court of Appeals for the District of Columbia Circuit and Justice Antonin Scalia on the Supreme Court of the United States. She was an associate at Kellogg, Huber, Hansen, Todd, Evans & Figel PLLC in Washington, D.C., from 1998 to 2002, where she focused on telecommunications and administrative law issues in proceedings before the FCC, state regulatory agencies, and federal and state courts. Barkow took a leave from the firm in 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center.
Neil M. Barofsky ’95, Senior Fellow
Neil M. Barofsky ’95 is a senior fellow at the Center. He is also an adjunct professor at the Law School, and is affiliated with the Mitchell Jacobsen Leadership Program in Law and Business. Prior to joining NYU, Barofsky was the first special inspector general of the Troubled Asset Relief Program (“SIGTARP”). He was nominated to the position by the President and confirmed by the Senate in late 2008, and he was sworn into office on December 15, 2008. As SIGTARP, Barofsky audited and investigated the purchase, management, and sale of assets under the $700 billion TARP program. Barofsky established the Office of the SIGTARP, and built it to a point where, at the time of his departure, it had 140 employees, had won criminal convictions of 18 people, helped keep $555 million in taxpayer funds from being lost to fraud, provided the Treasury with 68 recommendations to protect taxpayers from losses in programs, and was continuing to work on 153 pending civil and criminal investigations, including 74 involving executives and senior officers at financial institutions that received or applied for TARP money. Prior to serving as SIGTARP, Barofsky was a federal prosecutor in the United States Attorney’s Office for the Southern District of New York for more than eight years. In that office, Barofsky prosecuted some of the most significant cases in the United States. He rose to be a senior trial counsel who headed the Mortgage Fraud Group, which investigated and prosecuted all aspects of mortgage fraud, from retail mortgage fraud cases to investigations involving potential securities fraud with respect to collateralized debt obligations. Barofsky also had extensive experience as a line prosecutor leading white-collar prosecutions during his tenure as a member of the Securities and Commodities Fraud Unit, which included the case that led to the conviction of the former president of Refco Inc., Tone Grant, and the guilty plea of Phillip Bennett, Refco’ s former chief executive officer. Barofsky received the Attorney General’s John Marshall Award for his work on the Refco matter. Barofsky also led the investigation that resulted in the indictment of
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