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.

 

 

  

 

NAFUSA member John C. Richter will be co-chairing a conference exploring strategies for complex parallel fraud actions at the 15th Annual Sedona Conference on Complex Litigation. Richter is inviting NAFUSA members to join him at the invitation only conference on May 2-3, 2013 in Del Mar, California. Enforcement against corporate fraud commonly involves parallel proceedings - simultaneous or successive criminal, civil, and administrative proceedings arising out of a common set of facts and commenced by multiple government agencies and private litigants.

 

Richter says:

We have a distinguished faculty including Judge Rakoff, Mark Filip (former DAG and judge), Rob Khuzami (former head of SEC Enforcement, Carol Lam (DGC Qualcomm & former USA), Jamie Gorelick (former DAG), current U.S. Attorney Neil MacBride, Civil Division DAAG Joyce Branda, and GE Head of Litigation Brad Berenson.

Click here for further conference details, faculty bios, and to apply for an invitation. The Sedona Conference is a leading non-partisan, non-profit law and policy think tank.

 

Richter is a partner at King & Spalding in its special matters and government investigations practice in Washington. He served as the U.S. Attorney for the Western District of Oklahoma, 2005-2009, and the acting assistant attorney general for the Criminal Division at the U.S. Department of Justice.

 

 

  

  

As reported in The Boston Globe, NAFUSA member Michael J. Sullivan announced on Febuary 15, 2013,  that he was "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.

 

 

The Globe reported:

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.

On February 27, 2013, The Globe reported that Sullivan had collected enough signatures of qualified voters to qualify for the GOP primary on April 30. According to The Globe, Sullivan is considered the early GOP front-runner.

 

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.

 

 

  

Today is Lanny Breuer's last day as the assistant attorney general in charge of the Criminal Division. Main Justice reported on February 27, 2013, that Mythili Raman will head the Criminal Division on an acting basis. The White House has not announced who it will nominate for the permanent position.

  

Raman has served as the principal deputy assistant attorney general and chief of staff of the Criminal Division since 2009. John D. Buretta will replace Raman as principal deputy assistant attorney general and chief of staff. He has served as deputy assistant attorney general and director of the Deepwater Horizon Task Force. Denis McInerney will take over as a deputy assistant attorney general. McInerney has served as the chief of the Fraud Section. That position will now be filled by Jeff Knox, who has served as the principal deputy chief of the Fraud Section since 2011.

  

  

  

Former United States Attorney George McClintock Anderson, who served in the Eastern District of North Carolina in the Carter Administration (1977-1981), passed away (peacefully) Thursday, February 14th at age 92. Read the full obituary which describes him as "one of Raleigh's most colorful and affable attorneys." Anderson's legal and political career, his service to his community and his service to his church spanned sixty active years.

  

At the request of NAFUSA, an American Flag was flown over Main Justice and it was presented to his family as an expression of regard from his former colleagues.

  

  

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.

 

 

 

 

  

2013 membership dues were payable by February 28, 2013. If you haven't paid your 2013 dues, they are past due. This year, for the first time, you may register on line, and, if you choose, pay by credit card. We used this system for last year's Atlanta conference, and a large majority used the credit card system. Even if you choose to send a check, please register on line. Please click on the link on the right hand side of this newsletter to go to the registration site.

   

One new member has joined in February: Christopher Wray, former assistant attorney general in charge of the Criminal Division, 2003-2005, now a partner with King & Spaulding.  

  

Perkins Coie and PricewaterhouseCoopers have joined us as 2013 sponsors at $5000 each, bringing the total for the year to $25,000.  In addition, we have a pledge from Ernst & Young for $15,000.