Ken Wainstein Moves To Davis Polk

Davis Polk announced on June 27, 2017, that NAFUSA board member Kenneth L. Wainstein will join the firm as a partner in its Litigation Department in Washington DC. He will join fellow NAFUSA board member Neil MacBride and NAFUSA member Bob Fiske at Davis Polk.

Wainstein will focus on white collar criminal defense matters and internal and government investigations. He comes to Davis Polk from Cadwalader, Wickersham & Taft LLP, where he served as Co-Chair of the Global Litigation Group and Chair of the White Collar Defense and Investigations Group.

Prior to his tenure in private practice, Wainstein served for two decades in senior positions at the White House and throughout the U.S. Department of Justice.

“Ken is an important addition to our first-rate white collar group as we continue to strengthen our investigations and enforcement capabilities,” said Thomas J. Reid, Davis Polk’s Managing Partner. “Ken brings extensive, varied and high-level government and trial experience that our clients value greatly. We are thrilled to welcome him to the firm.”

Wainstein began his career as an Assistant U.S. Attorney in the Southern District of New York, and later the District of Columbia. In his 12 years as a line prosecutor and supervisor, he handled numerous prosecutions, tried 25 jury trials and presented more than a dozen appellate arguments. In 2001, Wainstein was appointed Director of the Executive Office for U.S. Attorneys.

Mr. Wainstein also served as General Counsel of the Federal Bureau of Investigation and as Chief of Staff to the Director.

He was appointed U.S. Attorney for the District of Columbia in 2004. There he oversaw many high-profile white collar and corruption matters, including the case against Riggs Bank for Bank Secrecy Act violations and the prosecution of MZM’s Chief Executive for paying bribes to former Congressman Duke Cunningham.

In 2006, Wainstein became the first Assistant Attorney General for National Security, leading the Justice Department’s National Security Division. Most recently, he was the Assistant to the President for Homeland Security and Counterterrorism, coordinating the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts.

In recognition of his work at the Justice Department, Wainstein received the Edmund J. Randolph Award for outstanding service, and twice was presented with the Director’s Award for Superior Performance.

Kenneth Wainstein said, “Davis Polk has a stellar reputation in the white collar space, and I am excited to join a firm I have always held in such high regard, both during my public service and in private practice. I look forward to working alongside this team of superb colleagues.”

“Ken is a fantastic lawyer with impeccable judgment, and is even more impressive than his credentials suggest,” said Neil MacBride, co-chair of the firm’s White Collar Criminal Defense and Government Investigations Group. “His outstanding track record in white collar and congressional investigations will be a tremendous asset to the firm and our clients.”

Davis Polk & Wardwell LLP (including its associated entities) is a global law firm with offices strategically located in the world’s key financial centers. For more than 165 years, our lawyers have advised industry-leading companies and global financial institutions on their most challenging legal and business matters. Davis Polk ranks among the world’s preeminent law firms across the entire range of its practice, which spans such areas as capital markets, mergers and acquisitions, credit, antitrust and competition, litigation and enforcement, private equity, tax, financial regulation, investment management, insolvency and restructuring, executive compensation, FinTech, intellectual property and technology, real estate, and trusts and estates. Davis Polk has more than 900 lawyers in offices located in New York, Northern California, Washington DC, São Paulo, London, Paris, Madrid, Tokyo, Beijing and Hong Kong. For more information, please visit:


Deborah Daniels Issues Report on USA Gymnastics

In November, 2016, the board of USA Gymnastics hired NAFUSA Past President Deborah Daniels to review the organization’s policies and practices for handling sex abuse allegations. On June 27, 2017, the IndyStar reported that Daniels has issued her report and that “USA Gymnastics needs a top-to-bottom culture change to put the safety of athletes ahead of winning medals”.

The IndyStar reported:

Daniels’ report did not call for personnel changes, but focused on policies.


‘In order to protect the young athletes in its charge, USA Gymnastics needs to undergo a complete cultural change, permeating the entire organization and communicated to the field in all its actions,’Daniels wrote in her 146-page report. ‘Further, USA Gymnastics needs to take action to ensure that this change in culture also is fully embraced by the clubs that host member coaches, instructors and athletes.’


Among the findings and recommendations:


  • USA Gymnastics did not immediately report all allegations of abuse to law enforcement, as reported by IndyStar, and must begin to do so.
  • USA Gymnastics had no protocol for addressing sex abuse complaints, often requiring a written grievance signed by a victim or parent. The organization should develop a specific policy for handling abuse allegations.
  • USA Gymnastics did not track coaches and other adults dismissed from member clubs for violating policies intended to prevent abuse, and must develop a method to keep track of offending coaches.
  • USA Gymnastics exerted little authority over its member clubs, insisting they were independent businesses, but should begin holding the clubs accountable.

‘What we recommended is that you treat membership like the privilege it is,’ Daniels said.

Change ‘can’t happen overnight,’ Daniels said. ‘It will take time. It will take thoughtful and strategic planning and execution to implement.’

Click here to read the IndyStar article “Can USA Gymnastics reform itself under current leadership?

Mike McKay to Join K&L Gates

Evan Norris Named 2017 Bradford Award Winner

Evan Norris

Each year, NAFUSA recognizes an Assistant U.S. Attorney for outstanding performance through the J. Michael Bradford Memorial Award. The award is named after J. Michael Bradford, who served as a U.S. Attorney in the Eastern District of Texas from 1994 to 2001. Bradford, who died in 2003, had a distinguished career in public service, including successfully defending the government against lawsuits stemming from the 1993 siege of the Branch Davidian’s compound in Waco, Texas. NAFUSA annually solicits nominations from current U.S. Attorneys for the Bradford Award. Typically, the recipient has handled a significant investigation and prosecution or a series of prosecutions which has had a significant impact and merits special recognition.

Once again, a number of exceptional nominations were made by U.S. Attorneys around the country. The J. Michael Bradford Award Committee was chaired by NAFUSA Vice President Terry Flynn. Its members included Paul Coggins, Jenny Durkan, Ron Machen, Shari Potter and Rich Roper. This year, the Board voted to give the award to AUSA Evan M. Norris of the Eastern District of New York, who was nominated by former United States Attorney Robert Capers, who wrote: “Mr. Norris has earned the respect of his fellow federal prosecutors for his leadership and creative and relentless investigative skills, particularly as exemplified through the Office’s groundbreaking prosecution of corruption in Fédération Internationale de Football Association (FIFA), the world soccer governing body”.

From the inception of the investigation until 2017, Mr. Norris was the lead prosecutor of the FIFA case, one of the most significant prosecutions ever brought by the Department of Justice. Mr. Norris led a years-long investigation that resulted in the filing of RICO, fraud, and money laundering charges against dozens of individuals and entities for their involvement in the corruption of international soccer. Together with a team of AUSAs and agents from the FBI and IRS, Mr. Norris devised the investigative and prosecutorial strategies for this groundbreaking cross-border case and managed the Office’s coordination with foreign enforcement authorities both in the period leading up to the first arrests in Switzerland in May 2015 and continuing thereafter. In December 2015, Mr. Norris was appointed Director of the EDNY FIFA Task Force, in which position he supervised teams of AUSAs and DOJ trial attorneys prosecuting the indicted case, United States v. Jeffrey Webb et al., and 11 related cases, and conducting multiple related investigations of individuals and entities. Under Mr. Norris’s leadership, the Office publicly announced charges against 43 individuals and entities, 22 guilty pleas, and the entry into a deferred prosecution agreement with an Argentine sports marketing company. In total, the individual and corporate resolutions announced under Mr. Norris’s leadership included over $330 million in forfeiture and criminal penalties.

The other nominees were:

Joseph Batte
Eastern District of Texas

Michael Collyer
Northern District of Ohio

Patrick Fitzgerald
Central District of California

Shane Harrigan
Southern District of California

Richard Hayes
Eastern District of New York

Timothy Howard
Southern District of New York

Debra Kanof
Western District of Texas

Eric Klumb
District of South Carolina

Richard Murphy
Northern District of Iowa

Stephen Odell
District of Oregon

Amy Padden
District of Colorado

David Petermann
Western District of Oklahoma

Kristine Rollinson
Southern District of Texas

Michael Sherwin
Southern District of Florida

Gary Sussman
District of Oregon

Brent Tabacchi
Southern District of Ohio

Tyler Tornabene
Eastern District of Washington

Christopher Tortorice
Eastern District of Texas

Hal Hardin Named President Elect of NAFUSA

NAFUSA President Bart Daniel announced that NAFUSA life member and former director Hal Hardin has been unanimously elected by the board of directors to replace Doug Jones as the president elect of NAFUSA. The vacancy was created when Jones stepped down to run for the U.S. Senate in the State of Alabama. Hardin will immediately resume the duties of the president elect and will be sworn in as president at the October NAFUSA conference in Washington DC. Daniel also announced the the site of the 2018 NAFUSA conference would be moved to Nashville from the original site of Birmingham, Alabama.

Hal has been a judge, state prosecutor, educator, adventurer, farmer and was one of the early Peace Corps volunteers.

After graduation from MTSU, he studied law first at the University of Tennessee and then Vanderbilt University. Between graduation and his admission to the Bar, he took a job as the acting director of the St. Louis Job Corps Center. He then became an Assistant DA. His first court appearance was in Nashville’s “murder trial of the century,” State v. Powell.

Just five years out of law school, he became Governor Ray Blanton’s first judicial appointment. Two years later, a Nashville Bar poll gave him the highest approval rating ever for a circuit judge. While on the bench, his fellow judges elected him presiding judge of all the trial courts. During that time he also had the opportunity to briefly sit as a substitute judge on the State Court of Appeals.

In 1977 President Jimmy Carter, with unanimous Senate approval, appointed him to serve as US Attorney for Middle Tennessee. During his tenure, Attorney General Griffin Bell publically called him “one of the best”. As U.S. Attorney, Hal learned that Governor Blanton was preparing to grant pardons to persons suspected of buying their way out of prison. His efforts to oust the governor were the subject of the book Coup

Returning to private practice after his U.S. Attorney stint, he opened an office as a sole practitioner. Today, Hal’s varied practice includes representation of a broad range of clients, civil and criminal.  He also donates his legal skills to numerous worthy causes. He is an emeritus faculty member at the Nashville School of Law, has been a commencement keynote speaker there, and recognized as Distinguished Faculty Alumnus. He also earlier served as an adjunct instructor at Aquinas College and the University of Tennessee Nashville. He was a Charter member and President of the Tennessee Board of Trial Advocates, President of the Tennessee Supreme Court Historical Society, and Vice President of the Nashville Bar Association. He was awarded the Nashville Bar’s Norman Award for Criminal Law Excellence and The Rutherford Award for the highest standards of professionalism and collegiality, the Tennessee Bar’s award of merit for service as its General Counsel. He is an emeritus Inns of Court member and emeritus board member of the National Association of Returned Peace Corps Volunteers. He holds law licenses in Texas, Washington DC, Tennessee and Kentucky.

Alice Martin Running for Alabama AG

NAFUSA life member and former director Alice Martin announced on June 13, 2017, that she is running for Attorney General of the State of Alabama. See Martin Announces Run for Attorney General

Martin served as the United States Attorney for the Northern District of Alabama 2001-2009. Martin was best known for her successful prosecution of Eric Robert Rudolph, the FBI’s #1 most wanted domestic terrorist responsible for an abortion clinic bombing in Birmingham (and Olympic Park in Atlanta); the $2.8B accounting fraud of HealthSouth; and for establishing the North Alabama Public Corruption Task Force which obtained 140 corruption convictions. Notable corruption investigations involved Alabama’s 2-year college scandal and the Jefferson County sewer system which lead to the largest government bankruptcy in U. S. history.

During her eight years as U.S. Attorney, Martin was a member of the Attorney General’s Advisory Committee, and chaired its sub-committee on Healthcare Fraud Task Force. Her healthcare fraud task force in Northern Alabama collected over $750M in recoveries and employed the first use of extrapolation for damage calculation. She was the first to prosecute a violation of Sarbanes-Oxley. She was named “Top 10 Prosecutor in the U. S.” by Corporate Fraud Reporter, and won the IRS’s highest award given to a non-agency employee for her service in HealthSouth.

Martin most recently served as the Chief Deputy Attorney General to Luther Strange before his appointment to the U. S. Senate by Governor Robert Bentley. Martin served on the prosecution team that convicted Alabama House Speaker Mike Hubbard last year. Martin was leading the criminal investigation of Governor Bentley, who faced impeachment, until Bentley appointed an attorney general. She then resigned to run for AG in the June 2018 primary. Bentley has since resigned in exchange for a misdemeanor plea.

Martin is currently a Deputy Attorney General for the fiscal watchdog of Alabama, the Department of Examiners of Public Accounts. She is a certified by the Association of Certified Fraud Examiners and a frequent speaker on fraud investigations. In her previous government service Martin served for 6 years as a federal prosecutor in the Western District of Tennessee. She also has previously served as a Circuit Court Judge in Alabama.

Between public service Martin enjoyed private sector legal work specializing in insurance defense litigation, white collar investigations and healthcare regulatory compliance. She has served in house as a VP- Ethics and Compliance for a multi-state hospital management company. She is certified in healthcare compliance (CHC) and healthcare privacy (CHPC). She is licensed in Alabama, Mississippi, and Tennessee.

Martin earned her J.D. in 1981 from the University of Mississippi., and her Bachelor of Science in Nursing from Vanderbilt University in 1978. She worked as a RN during law school. She is married to Louis Martin and they have three daughters. See for more information.


Trump Nominates Chris Wray to Head FBI

Christopher Wray/Lawrence Jackson/Associated Press

On June 7, 2017, President Trump announced through a tweet that he was nominating NAFUSA life member Christopher A. Wray to be the FBI Director. Wray served as the assistant attorney general in charge of the Criminal Division at the Department of Justice from 2003 to 2005. He also served as the principal associate deputy attorney general (2001-2003) and as an assistant U.S. Attorney in the Northern District of Georgia (1997-2001).

Wray is currently a partner at King & Spalding LLP in Washington. He earned his J.D. at Yale Law School.

Steve Dettelbach Running for Ohio AG

Steve Dettelbach

NAFUSA member Steve Dettelbach announced on May 30, 2017, that he is running for Attorney General of the State of Ohio. Dettelbach served as the United States Attorney for the Northern District of Ohio 2009-2016, and rejoined BakerHostetler in February, 2016, as a partner in the Litigation Group and co-leader of the firm’s national White Collar and Corporate Investigations team.

In his previous government service Dettelbach served for 12 years as a federal prosecutor at the Department of Justice, Civil Rights Division, Criminal Section, U.S. Attorneys Offices in Maryland, Washington, D.C. and the Northern District of Ohio as a member of the Organized Crime and Corruption Strike Force, receiving numerous awards including Prosecutor of the Year by the International Association of Financial Crimes Investigators, special achievement awards during his tenure at the Department of Justice, and personal commendations from the U.S. Attorney General and the Director of the FBI.

Dettelbach earned his J.D. in 1991 from Harvard Law School, magna cum laude, where he served as Senior Notes Editor of the Harvard Civil Rights and Civil Liberties Law Review. He graduated summa cum laude with his A.B. in Government from Dartmouth College in 1988 and was a member of Phi Beta Kappa.

See Steve Dettelbach for Attorney General for more information.




Pat Miles Joins Barnes & Thornburg

Pat Miles

Barnes & Thornburg LLP, announced on May 5, 2017, that it had added former U.S. Attorney Patrick Miles Jr. to its Grand Rapids office, where he will focus his practice on corporate compliance, investigations, monitorships and business transactions. Barnes & Thornburg is the largest law firm with a Grand Rapids office and one of only two AmLaw100 law firms in Michigan. Miles is also one of NAFUSA’s newest members.

Miles was the first black U.S. Attorney for the Western District of Michigan and served from 2012 to 2017, by appointment of President Barack Obama. In this role, Miles combated gang violence, child exploitation, financial fraud and organized crime, including racketeering, firearm and drug distribution, among other civil and criminal matters. He also focused on improving community relations with law enforcement, aiding former prisoners with reentry, and assisting veterans with employment opportunities.

Miles is the third former U.S. Attorney to join Barnes & Thornburg in the past two years. They each practice as part of the firm’s white collar and investigations team.

Miles is a Grand Rapids native and is actively involved in the business community and civic affairs. Miles worked in private law practice for more than 20 years before holding public office, and he also ran as the Democratic nominee for Michigan’s Third District Congressional seat in 2010. Prior to his confirmation as U.S. Attorney by the Senate, he served more than two dozen charitable and professional boards and committees and presided over the Grand Rapids Bar Association as its elected president from 2004 to 2005.

“As a homegrown talent, Pat is a preeminent legal professional who is invested and prideful in the types of clients and matters he represents,” said Robert Sikkel, managing partner of the Grand Rapids office. “With a track record in this market that is second to none, Pat is capable of making immense business and civic contributions, and his decision to continue his legal career at Barnes & Thornburg is a testament to the work we’re doing in Western Michigan and throughout the country.”

Miles’ career and accomplishments have been recognized by numerous organizations, including the State Bar of Michigan, Grand Rapids Area Chamber of Commerce, West Michigan United Way, Grand Rapids chapter of the NAACP, Grand Rapids and Michigan Jaycees, as well as several local and regional business publications.

“I’m delighted to join Barnes & Thornburg, which has the size, scope and collaborative culture that fosters excellence in legal service,” added Miles.

Miles earned his J.D. from Harvard Law School, where he was editor-in-chief of the Harvard Law Record, and his B.S. in Business Administration from Aquinas College.

The firm’s other two former U.S. Attorneys, Michael Battle and Roscoe Howard, reside in its Washington, D.C., office.

With more than 600 attorneys and other legal professionals, Barnes & Thornburg is one of the largest law firms in the country. The firm serves clients worldwide from 13 offices in Atlanta, Chicago, Dallas, Delaware, Indiana, Los Angeles, Michigan, Minneapolis, Ohio, and Washington, D.C.