Reports: Independent Investigations

Contact(s)

Kimberly Brooks
Communications Manager
New York
+1 212 504 5652
kimberly.brooks@cwt.com

Lawyers in Cadwalader’s White Collar Defense and Investigations practice are often called upon to conduct independent investigations for client companies and organizations dealing with business-critical events.  At the conclusion of many such investigations, the reports issued by Cadwalader are not made public. However, when circumstances permit and we are authorized, we believe that sharing such reports can provide essential guidance to otherwise similarly-situated institutions and businesses.

Investigation into Misconduct by a Former Loyola School Teacher
Report issued on April 15, 2016

In the spring of 2015, allegations of sexual misconduct during the 1970s and early 1980s by a former Loyola School teacher and coach were brought to the attention of the school administration. The school engaged Cadwalader to investigate both the allegations against the former teacher and the school’s response to them at the time. As part of the investigation, Cadwalader conducted numerous interviews with alumni and with current and former members of the faculty and administration; reviewed all available records; and assessed Loyola’s past and current policies and procedures.

Click here to download the full report.

Related attorneys: Ken Wainstein, Joseph Jay, Colleen Kukowski.

Independent Investigation of Irregular Classes in the Department of African and Afro-American Studies at the University of North Carolina at Chapel Hill
Report issued on October 22, 2014

On October 22, 2014, a Cadwalader team led by Kenneth L. Wainstein, chair of the firm’s White Collar Defense and Investigations Group, and supported by associates A. Joseph Jay III and Colleen Depman Kukowski, issued its findings concerning academic irregularities at the University of North Carolina at Chapel Hill. The report, titled “Investigation of Irregular Classes in the Department of African and Afro-American Studies at the University of North Carolina at Chapel Hill,” has been made public.

We were retained to conduct this investigation by the president of the University of North Carolina, Thomas Ross, and University of North Carolina at Chapel Hill Chancellor, Carol Folt. President Ross and Chancellor Folt were committed to our conducting a thorough, “leave no stone unturned” investigation, which focused on purported academic irregularities involving student-athletes and the university’s Department of African and Afro-American Studies.

Wainstein and his team worked closely with the university to develop a clear scope and thorough methodology and to conduct a comprehensive, far-reaching investigation that encompassed extensive email and document reviews and in-depth interviews with faculty members, athletic department staff, academic advisors, athletic academic counselors, administrators and students.

Kenneth Wainstein is a long-time federal prosecutor and a former U.S. Attorney, Assistant Attorney General for National Security, and Homeland Security Advisor to President George W. Bush.

Click here to download the full report.

Additional media coverage of the UNC investigation:
•    Watch: Kenneth Wainstein on Fox Business
•    Watch: Kenneth Wainstein on PBS NewsHour
•    Watch: Kenneth Wainstein on NBC's Today Show

Related attorneys: Ken Wainstein, Joseph Jay, Colleen Kukowski.


Report on the NCAA’s Engagement of a Source’s Counsel and Use of the Bankruptcy Process in its University of Miami Investigation
Report issued on February 17, 2013

In early 2013, Kenneth L. Wainstein, chair of the firm’s White Collar Defense and Investigations Group, was retained by the National Collegiate Athletic Association (NCAA) to conduct an external review into improprieties allegedly committed by the NCAA’s Enforcement Staff during their investigation of the University of Miami and its sports program.  Wainstein and his team authored a comprehensive report of their findings, which was released to the public in February 2013. Wainstein and his team then participated in an external review of the NCAA’s regulatory functions, culminating in a written report, titled Report on the NCAA’s Engagement of a Source’s Counsel and Use of the Bankruptcy Process in its University of Miami Investigation, submitted to the Executive Committee in January of 2014.

The investigation was focused on making a determination whether NCAA enforcement staff took inappropriate steps in their efforts to secure testimony and records through the bankruptcy process, and if so, to determine how that happened. In particular, the Cadwalader team sought to identify how the plan to use bankruptcy depositions evolved, and who within the NCAA approved the plan.  In an extremely contracted time frame, Cadwalader lawyers interviewed 22 people in 11 days in three states. Interviews included the president and senior executives of the NCAA, current and former employees of the association, and third parties. The team collected and reviewed more than 4,300 documents in order to understand what happened.

Click here to download the full report.

Additional media coverage of the NCAA investigation:
•    Read: Report details missteps, insufficient oversight; NCAA commits to improve
•    Read: Review launched of enforcement surrounding Miami investigation
•    Read: Ken Wainstein Conducts Outside Investigation for NCAA

Related attorneys: Ken Wainstein, A. Joseph Jay III, Thomas M. Guerin, Colleen D. Kukowski, Keith M. Gerver.

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