Mat Ishbia, UWM Face New Lawsuit Over Alleged Role In MSU Investigation
Lawsuit claims Ishbia, UWM gained access to confidential communications in Mel Tucker probe
Brenda Tracy, a sexual assault survivor and advocate, has filed a lawsuit against United Wholesale Mortgage (UWM) CEO Mat Ishbia and the Pontiac-based lender, alleging they improperly involved themselves in Michigan State University’s investigation into former football coach Mel Tucker.
The complaint, filed March 23 in Oakland County Circuit Court, claims Ishbia used his influence as a major university donor to gain visibility into a confidential investigation stemming from Tracy’s sexual harassment allegations against Tucker.
At the center of the lawsuit is the alleged role of David Zacks, UWM’s former general counsel, who Tracy claims was included on communications related to the university’s investigation without her knowledge. According to the complaint, Tucker’s attorney requested in 2022 that investigative correspondence be sent to Zacks’ UWM email address, after which “Zacks was included in all correspondence regarding the investigation.”
The lawsuit alleges that UWM “had no reason to be included in these communications, other than keeping Ishbia in the loop,” and claims the arrangement allowed Ishbia to remain informed of developments during the investigation.
“Donor-connected access and aligned counsel inserted themselves into a matter that was none of their business— treating Plaintiff not as a person whose privacy mattered, but as a problem to be managed once her complaint threatened Ishbia’s interests and investments tied to Tucker, the football program, and the Michigan State University brand,” the complaint states.
Tracy further alleges that Zacks’ involvement was part of a broader effort tied to “reputation management” and the development of a “media strategy” during the investigation. The complaint asserts that Zacks’ participation “was not done without Ishbia’s intervention, authorization, or knowing approval,” and argues that Ishbia is “jointly liable under aiding-and-abetting and conspiracy principles.”
Zacks, who died in 2024, was later identified by Tracy as Tucker’s designated “support person” during the hearing phase of the university’s investigation, according to the complaint.
The lawsuit also raises questions about the scope of a separate investigation into how Tracy’s identity was leaked to the media, alleging that neither Ishbia nor Zacks were interviewed. The complaint argues that a review that “does not examine the UWM-controlled systems where the communications resided is not a serious attempt to trace the leak pathway.”
Tracy is seeking a jury trial and damages in excess of $25,000.
Ishbia, a Michigan State alumnus and major athletic donor, contributed $14 million toward Tucker’s $95 million 10-year contract in 2022. That donation was in addition to roughly $32 million he had previously given to MSU athletics.
"This lawsuit is about money and nothing more," a UWM spokesperson said in response to the lawsuit. "Brenda Tracy’s lawsuit against United Wholesale Mortgage and Mat Ishbia is totally fabricated and unfounded."
"Ms. Tracy first sued Coach Tucker, but that case was thrown out of court. She then sued Michigan State, and the University has since filed a motion to dismiss that case as well," the statement from UWM read. "Following those failures, her lawyers have filed a new complaint now naming Mat and UWM in an attempt to capitalize on the same unfounded allegations. The claims in this latest filing rely solely on communications from David Zacks, who was a great part of our team prior to his passing last year. That said, David Zacks and Mel Tucker were longtime friends, and their communications were personal in nature and had nothing to do with Mat Ishbia or UWM."
The state court action is separate from a federal lawsuit Tracy previously filed against Michigan State University and its board of trustees. That case includes overlapping allegations regarding the handling of the investigation, the disclosure of confidential information, and potential outside influence in the process.
Tucker, who was fired by Michigan State in 2023 following the investigation, has denied wrongdoing and has characterized the interaction as consensual.