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.