Ken Wainstein

For the past two years, the NCAA has been investigating allegations from a convicted Ponzi schemer that he had provided illicit payments and other benefits to University of Miami student-athletes and personnel associated with its basketball and football programs.  On January 22, 2013, NCAA President Mark Emmert announced in a press conference that the NCAA’s Enforcement Staff had apparently acted inappropriately in that investigation.

The inappropriate investigative conduct arose after the NCAA’s lead investigator had problems persuading witnesses to submit to interviews.  He turned to the Ponzi schemer’s criminal attorney, who used subpoenas in her client’s bankruptcy proceeding to compel those reluctant witnesses to submit to depositions which produced information that the NCAA used in its investigation.

Given the manipulative appearance of this conduct, President Emmert decided to appoint an outside counsel to conduct an inquiry into the conduct, how it happened, and who approved it.  He appointed Ken Wainstein, a partner at Cadwalader, to head the inquiry.

On February 18, 2013, the NCAA announced the completion of Wainstein’s investigation and issued his written report.  The report determined that certain NCAA Enforcement Staff had acted contrary to internal protocols and advice from the NCAA’s Legal Staff and had exceeded the limits placed on the NCAA’s investigative authorities.The investigation led to the NCAA ousting the head of the enforcement division who had been chosen to lead the division just over two years earlier.

Now that he has completed the investigation of the Miami situation, Wainstein will continue to advise the NCAA with a broader assessment of the NCAA’s enforcement operations. Click here to review the entire Wainstein report.

Wainstein spent 19 years at the Department of Justice, including time as the director of the Executive Office for U.S. Attorneys; general counsel and then chief of staff to Director Mueller at the FBI; U.S. Attorney for the District of Columbia; and the first assistant attorney general for national security. He also served as homeland security advisor to President Bush. He currently serves on the NAFUSA board of directors.

Former NAFUSA Executive Director Ron Woods and his wife, Patty, invited current Executive Director Rich Rossman and his wife, Patty, to the 2013 Mardi Gras celebration in Galveston, Texas. On Friday, February 8th, they joined 1400 others at the special party for The Momus Royal Court at “Jazz! Jazz! Jazz! Mardi Gras”, where the entertainment included Kool & The Gang. They were joined by Ed McDonough, one of the NAFUSA founders and a past president, and Ed’s wife, Dianne. Both Woods and McDonough are members of Momus. On Saturday night, the Woods and Rossmans watched the Mardi Gras parade and threw beads to the crowds below their balcony.

In the photo below, Woods, McDonough and Rossman are joined with an unnamed party goer who is not Dianne McDonough.

According to The Boston Globe, NAFUSA member Michael J. Sullivan announced today that he is “giving serious consideration” to running for the United States Senate in Massachusetts. The vacancy was created when John Kerry resigned the seat to become the Secretary of State. Sullivan is considered a formidable candidate if he enters the Republican primary

The Globe reports:

Sullivan stopped short of formally declaring his candidacy, instead saying he will allow volunteers to try to get him on the April 30 primary ballot by collecting 10,000 certified voter signatures by Feb. 27, a daunting task. He will not hire professionals to do the work, which is expensive but far more effective in such a short timeframe.

Sullivan served as the United States Attorney for the District of Massachusetts 2001-2009. He also served as acting director of Alcohol, Tobacco, Firearms and Explosives (ATF) and is currently a partner in The Ashcroft Law Firm in Boston.

Sullivan was Plymouth County District Attorney from 1995 to 2001. From 1991 to 1995, he served in the Massachusetts House of Representatives. Sullivan received his Juris Doctor from Suffolk University Law School.

President Obama will nominate NAFUSA member Mary Jo White to head the Securities and Exchange Commission. White served as United States Attorney for the Southern District of New York 1993-2002. After leaving office, she rejoined Debevoise & Plimpton LLP and became chair of the firm’s litigation department. She is a fellow in the American College of Trial Lawyers and the International College of Trial Lawyers. White has served as a director of The Nasdaq Stock Exchange and is a member of the Council on Foreign Relations.

NAFUSA member B. Todd Jones has been nominated by President Obama to be the first permanent director of Alcohol, Tobacco, Firearms and Explosives (ATF) since 2006. Jones has been the acting director of ATF since August 2011. He has continued as the United States Attorney for the District of Minnesota and has served as the director of the Attorney General Advisory Committee (AGAC).

Jones took over the agency in the midst of the Fast and Furious controversy and, as reported in Huffpost Politics:

Jones tossed six of the top eight assistant directors at ATF’s fortress-esque headquarters in the northeastern part of Washington, D.C. He placed restrictions on undercover ATF operations and instituted monthly oversight on larger investigations. He has called his ATF gig the hardest job he’s ever had.

Asked whether agents would shy away from bigger gun trafficking cases because of worries such difficult cases could bring them under congressional scrutiny, Jones said the agency wouldn’t back down from tough investigations.

‘All we can do is get off the mat again and keep swinging,’ he said.

No president has been able to get a nominee for ATF through the Senate since 2006, the first year Senate confirmation was required for the director of ATF.

Former Attorney General of the United States (1988-1991) and NAFUSA member Dick Thornburgh, shown above, has published an article in the January/February 2013, The Pennsylvania Lawyer entitled  ‘Equal Justice Under Law’: The Role of the Pro Bono Lawyer.

Thornburgh writes:

The aspiration emblazoned upon the facade of the U.S. Supreme Court — “EQUAL JUSTICE UNDER LAW” — cannot be achieved in a society that does not provide competent counsel to all who require it. Those in need cannot be left to sink or swim in an increasingly complex legal environment. We can be proud of the steps taken over the years by the legal profession to meet their needs.

Thornburgh also served as the United States Attorney for the Western District of Pennsylvania (1969-1975), Governor of Pennsylvania (1979-1987) and Under-Secretary General of the United Nations (1992-1993). He currently practices with K&L Gates in Washington.

NAFUSA board member William J. Leone, shown above at the Atlanta conference, a partner in the Denver office of Fulbright & Jaworski, advised NAFUSA Update that his firm has entered into an agreement to combine with Norton Rose, a leading global legal practice. The combined firm will have 55 offices worldwide and 3,800 lawyers. It will be a top 10 global legal practice by gross revenue and by number of lawyers. The agreement is scheduled to be final on June 1, 2013, and the firm will be known as Norton Rose Fulbright.

Fulbright & Jaworski was founded in 1919 in Houston. It is a leading full-service international law firm, with more than 850 lawyers in 17 locations. NAFUSA member Donald J. DeGabrielle, shown above, is also a Fulbright partner, in the Houston office.

I would like to wish each of you a happy New Year and extend a special welcome to our new members.  We are looking forward to an exciting year for NAFUSA, and hope that your engagement with NAFUSA this year will strengthen the ties that bind us together.  I encourage you to stay involved and to contribute to the common purpose and vitality of our organization.  Most importantly, I hope you will share the warm camaraderie of our membership and the rich personal and professional relationships that give us common cause.  We have just concluded a very successful year and a terrific annual conference in Atlanta.  I would like to thank Rick Deane again for his outstanding leadership this past year. I would also like to express my sincere appreciation to Rich Rossman for his remarkable commitment and service as our Executive Director.  Rich really keeps our organization humming.  And I am grateful for our engaged and committed Board that provides thoughtful and meaningful guidance on NAFUSA’s policies and programs.  It is an honor and privilege for me to have the opportunity to serve as your president in the year ahead.

We have a full year planned for 2013.  As the year progresses, I hope you will reflect on your interest in being a more active participant in NAFUSA and consider possible service on a committee next year.   We also have some new members on our Board that is very engaged and active and is a key driver of our programs and policies.  Service on the Board has been a wonderful opportunity to share in the common experiences and rich heritage that we have as former United States Attorneys and to appreciate the special culture of NAFUSA rooted in our respect for the pursuit of justice and the role of the United States Attorney in our justice system.

We have scheduled a Board meeting in May to review the progress and plans of the organization, and importantly to advance the planning of our annual conference, which will be in Washington, DC, at the end of September.  We hope you will be able to join us for the September meeting which promises to be a wonderful opportunity to advance your professional learning and to renew and enrich your personal and professional relationships.  In part, we hope at that time to be able to share in understanding some of the issues and changes that lie ahead in the Justice Department community in what should be a dynamic year of a new Administration.

So we begin the year on a sound financial footing as an organization with a vibrant membership and a committed leadership.  We will exercise our stewardship to maintain the financial health of the organization while seeking to expand our membership, provide a rich and rewarding professional program, and deepen the important personal and professional relationships that are the foundation of our common purpose.  We encourage you to share in our events and the lives and professional activities of our members through our newsletter and website. I note, that in this era of partisan gridlock, it is reassuring that NAFUSA continues to flourish as a non-partisan organization comprised of both R’s and D’s who share a common commitment to support the independence of the U.S. Attorney and the pursuit of justice in our nation.  I look forward to serving as your president in the year ahead and to engaging you in developing rich personal and professional relationships with your colleagues and rewarding professional experiences and opportunities through NAFUSA.

Jay B. Stephens

CLICK HERE TO REGISTER FOR 2013 DUES

2013 membership dues were payable February 28, 2013. If you have not paid your 2013 dues, they are past due. You may register for payment on line and, if you choose, pay by credit card. Lifetime members do not need to register.

Not sure whether you are a lifetime member? Click here to see the 48 NAFUSA members who have chosen to become lifetime members. Please consider joining them at a one time payment of $1500.

Annual dues remain at $150 and senior dues (retired and over 70 years) at $50.