Dapper or other Lawyers; thoughts on NCAA stuff

[sabrose]

Good stuff, Tex. You explained exactly what I was referencing in regard to the abuse of the bankruptcy proceedings by the corrupt NCAA and Pig ***** Perez being the real jackpot in this case. The conflict of interest thing is pretty minor compared to the fraud they perpetrated on the bankruptcy court and creditors.

Hey Franchise is that a photo of one of your clients who didnt pay?

 

[Killer Cane Toad]

.

 

[Crazy4thecanes]

I'm trying to catch up late in the news cycle. Where'd you get that Toad?

 

[Ethnicsands]

The tone coming out of the NCAA, except for Emmert, seems to be very arrogant. That's what concerns me. When someone is cornered, they can either do the smart thing, or they can try to dig their heels in and stick to their guns no matter what. Emmert seems like the kind of guy who would do the smart thing and settle, but I'm not sure the same can be said for the rest of the organization.

Basically all bureaucracies behave the same way.

 

[The Franchise]

Lawyers are the lowest forms of scum on the planet. Passing the bar means you are barred from telling the truth "just let the process unfold". These scummy focks have zero morals or ethics. Lie, lie, lie, deny, deny, deny... That's lawyerism 101. Produce nothing and rob, lie, cheat, and steal is how these parasites make their money.

Thank you, do all Jews have horns or just the ones that haven't had the surgery to remove them.

Everybody always says stuff like this......and then the day comes when they need a lawyer.

My law partner and I get a kick out of dudes like this. Lawyers and the legal system are the most evil entities in the world until they need to make use of either to vindicate their rights.

Not all lawyers are amoral or corrupt but many are. It takes a strong moral core to prevent an occupation that may force you to obscure or color truth in favor of your client from doing the same in your own affairs.

I agree.

 

[The Franchise]

Good stuff, Tex. You explained exactly what I was referencing in regard to the abuse of the bankruptcy proceedings by the corrupt NCAA and Pig ***** Perez being the real jackpot in this case. The conflict of interest thing is pretty minor compared to the fraud they perpetrated on the bankruptcy court and creditors.

Hey Franchise is that a photo of one of your clients who didnt pay?

L
U
L
Z

 

[sabrose]

I am a physician but I love all these legal insights . One question .Lets say this Kabuki dance betwen the U and the NCAA isnt settled and the NCAA comes out with further penalties. If the U sues can the court halt all proceedings by the NCAA until the case is settled?

 

[Ethnicsands]

I am a physician but I love all these legal insights . One question .Lets say this Kabuki dance betwen the U and the NCAA isnt settled and the NCAA comes out with further penalties. If the U sues can the court halt all proceedings by the NCAA until the case is settled?

It's pretty close to inconceivable that a court would entertain review of a situation like this before the private consensual dispute resolution process was even completed.

 

[scrantoncane]

This story's ending has yet to be written, not trying to be dramatic here but is this the beginning of the end for the NCAA much less it's investigation of the U?

Not only that but this is just the beginning and WHY isn't the NCAA's paying of mini-me's cell phone bill and sending $4500.00 to his prison commissary account not front and center in this recent revelation. (SEE ESPN, Heather Dinich report) They were giving him benefits to continue spouting his lies and half truths. WTF?

If that money was spent on anything other than phone bills (which is bad enough), they have a serious problem. If they are illegally paying their star witness, they may have to exclude all of shapiro's statements and information gained from investigations prompted by his statements. There goes the entire cAse.

 

[btcane]

[QUOTE} IIRC julie? investigator/attorney is, was, or will soon used to be, a lawyer herself, she joined MEP in MEP's actions before the bankruptcy court. she had to have studied legal ethics either in law school, studiying for the bar or both.
Being an officer of the court is serious stuff, it is an obligation of more than just being truthfull, it is an obligation of repect to and for the processes of the judiciary. acting through another lawyer ought not to get julie? off the hook, IMO you can't hire another to subvert the puposes of a judicial proceeding and then claim that you didn't do it, the person you hired to do it is the one who should be held accountable. (the legal maxim in latin is "qui fecit per alium fecit per se" she who acts through aother acts for herself. Julie? knows, or should know this.
ps if you are the3 NCAA do you want to get into all of this in public??[/QUOTE]
--------------------
For those laymen out there, a CONSPIRACY need not only be a secret agreement to commit some suripitious CRIME, it may also be an agreement to do someting that is otherwise legal (take a depo), in a illegal manner, i.e. misuse the bankruptcy proceedings. In my opinion Ms. Julie has an ethics problem, as well, with the court.

BTW, it does not appear that Ms. Perez can raise atty-client priviledge at this point (if ever before) for the simple reason that the priviledge is not hers! If it is anyone's, it would be her client, the NCAA, and by releasing the Report, on their letterhead, with all it contains, I believe that they (NCAA) has effectively WAIVED any atty-client priviledge.

 

[btcane]

I don't mean to impune TexCane when he says, "E-sands, as to the question of A-C privilege, as back ground, A-C priviliege has two components: one is evidentiary in nature (has to do with what kind of evidence can be used in legal and quasi-legal proceedings over the objection of the client), and the other component is an ethical limitation on what kind of disclosures can be made by a lawyer who has learned things from a client during legal representation of the client. communications intended to commit, or used to commit a crime or fraud may not be subject to the operation of the privilege ("Hey, because you're my lawyer, you can't tell the cops how we planned how to rob a bank, and hide the evidence." NAH!)"

The privilege comes from the Ethical requirement that an attorney cannot disclose a client confidence or secret. Yes, as Tex points out, technically 'privilege' is evidentiary in nature, but its basis is the confidentialiy of atty-client communications. Which is extra-judicial in nature, and includes blabing to the media your client confidences.

 

[btcane]

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I agree, but when appearing before the IC we will come loaded with evidenciary material to (1) undermine Shappy's credibility, believability & motives; and (2) point out the prejudicial manner in which the investigatory arm of the association approached these allegations. Counsel for the university can easily show the "tinted glasses" thru which the infractions investigator approached these relatively de minimus charges. Note: no claim (other than BB) that we sought any competitive advantage via recruiting, etc. We show the outrageous amount of NCAA money on a few dinners and boat rides with a rogue booster. A patent showing of a vendetta type prosecution/persecution.

 

[btcane]

TexCane, in post #132, very clearly points out many of the points the university can raise. However, in every single post on this board one very important factor has been overlooked and/or ignored. That is, especially when it comes to the question of 'institutional control', one very cogent fact exists ------ the Captain of the Ship ---- Doughnuts Dee! Dee was the overseer, and whether openly or subliminally, the COI will be made aware of that fact, if they don't know already. And I think that will carry a huge amount or weight in their minds. I believe he enjoyed an excellent reputation in the Association.

 

[MIA42178]

I am a physician but I love all these legal insights . One question .Lets say this Kabuki dance betwen the U and the NCAA isnt settled and the NCAA comes out with further penalties. If the U sues can the court halt all proceedings by the NCAA until the case is settled?

Yes. Miami will IMO easily get a restraining order/injunction granted while the case is pending. No way to correct the harm the penalties would cause AFTER the suit.

 

[Bimini Twist]

This story's ending has yet to be written, not trying to be dramatic here but is this the beginning of the end for the NCAA much less it's investigation of the U?

Not only that but this is just the beginning and WHY isn't the NCAA's paying of mini-me's cell phone bill and sending $4500.00 to his prison commissary account not front and center in this recent revelation. (SEE ESPN, Heather Dinich report) They were giving him benefits to continue spouting his lies and half truths. WTF?

If that money was spent on anything other than phone bills (which is bad enough), they have a serious problem. If they are illegally paying their star witness, they may have to exclude all of shapiro's statements and information gained from investigations prompted by his statements. There goes the entire cAse.

Great point!
Commissary records should be public. If the money was just used for phone conversations with the NCaa is one thing, but who thinks the little **** jock sniffer would only use it for that, you know he called others on the NCAA dime and that is a payment not a reimbursement.

 

[MIA42178]

This story's ending has yet to be written, not trying to be dramatic here but is this the beginning of the end for the NCAA much less it's investigation of the U?

Not only that but this is just the beginning and WHY isn't the NCAA's paying of mini-me's cell phone bill and sending $4500.00 to his prison commissary account not front and center in this recent revelation. (SEE ESPN, Heather Dinich report) They were giving him benefits to continue spouting his lies and half truths. WTF?

If that money was spent on anything other than phone bills (which is bad enough), they have a serious problem. If they are illegally paying their star witness, they may have to exclude all of shapiro's statements and information gained from investigations prompted by his statements. There goes the entire cAse.

Great point!
Commissary records should be public. If the money was just used for phone conversations with the NCaa is one thing, but who thinks the little **** jock sniffer would only use it for that, you know he called others on the NCAA dime and that is a payment not a reimbursement.

Paying for his attorney alone is the same as paying Shapiro. If NCAA doesn't pay the $18K, it comes out of Shapior's estate. This entire investigation is so sideways fcked and inside out . . . . I'm starting to think some people at the NCAA need to be hiring criminal defense attorneys.

 

[HLSCane]

Just wanted to report some thoughts that I posted on TOS. I am interested in your thoughts:

Has a potential cover-up story hit the airwaves yet? I have lived in DC, as a praticing attorney, long enough to know that what really gets you in trouble is the cover-up, even more than the crime. Here is what someone needs to investigate:

1. According to the Cadwalater report, Emmert found out about the Perez issue back in October 2012, when his attorneys voiced concerns.

2. The NCAA starts the process of removing tainted evidence from the Miami record soon thereafter.

3. The NCAA doesn't inform Miami about the Perez issue (and its position on removing tainted evidence) until January 11, 2013.

4. It was widely believed that the NCAA was going to issue its Notice of Allegations on or about January 23rd, the day of the Duke basketball game. Instead, Emmert announced this latest issue.

5. According to Emmert's press conference on January 23, 2013, Emmert spoke to the NCAA Executive Committee over the preceding week about the matter.

5. Remember that the tone of Emmert's press conference was one in which he was outraged, spoke about "I have had better days", etc. This does not appear as someone who was aware of the problems that the NCAA has experienced. At the time Emmert seemed to play this off as having just found out about the issues. Now, based on the Cadwalater report, we know that was not the case. Instead, Emmert knew for months.

So, for me the question is what happened during January that triggered the January 23rd announcement. Did UM demand that the NCAAA come clean about its mistakes, after being told on Janaury 11th? What did Emmert and the Executive Committee discuss in the few days before January 23rd? Did that committee require Emmert to come clean and admit mistakes? Were Emmert and his team really prepared to issue a scrubbed NOA while sweeping the Perez incident under the rug? Listen to the Jannuary 23rd teleconference and see how elusive Emmert is on what he knew about the Perez incident and when he knew.

Someone in the press (Whitlock, Dodd, Feldman, etc.) can have some fun with those facts. If you want to help bring down the NCAA, this potential cover-up is a sledge hammer ready to be wielded.

 

[jakeman1]

Seems kind of simple to me. Miami gave up it's bowl game(s) for what they did wrong, the NCAA needs to do the same. If Miami hadn't already self-imposed to two game bowl ban, and lost out on going to the ACCCG in the process, as well as restrict scholarships, official visits, and recruiting, it might be different, but they've already paid more, from the sounds of it, than they needed to.

 

[dycane]

I am a physician but I love all these legal insights . One question .Lets say this Kabuki dance betwen the U and the NCAA isnt settled and the NCAA comes out with further penalties. If the U sues can the court halt all proceedings by the NCAA until the case is settled?

It's pretty close to inconceivable that a court would entertain review of a situation like this before the private consensual dispute resolution process was even completed.

Theoretically, the University could sue at any time once there is a threat of irreparable harm. Until it exhausts its right to appeal any penalties, however, there's a strong argument that there is no threat of irreparable harm - i.e., the threatened harm (institution of penalties) could still be avoided absent court intervention if the appeal is successful. I think that's what Ethnic is implying. Of course, that doesn't mean the University cannot file a lawsuit until after it exhausts its rights to appeal.

 

[dycane]

Just wanted to report some thoughts that I posted on TOS. I am interested in your thoughts:

Has a potential cover-up story hit the airwaves yet? I have lived in DC, as a praticing attorney, long enough to know that what really gets you in trouble is the cover-up, even more than the crime. Here is what someone needs to investigate:

1. According to the Cadwalater report, Emmert found out about the Perez issue back in October 2012, when his attorneys voiced concerns.

2. The NCAA starts the process of removing tainted evidence from the Miami record soon thereafter.

3. The NCAA doesn't inform Miami about the Perez issue (and its position on removing tainted evidence) until January 11, 2013.

4. It was widely believed that the NCAA was going to issue its Notice of Allegations on or about January 23rd, the day of the Duke basketball game. Instead, Emmert announced this latest issue.

5. According to Emmert's press conference on January 23, 2013, Emmert spoke to the NCAA Executive Committee over the preceding week about the matter.

5. Remember that the tone of Emmert's press conference was one in which he was outraged, spoke about "I have had better days", etc. This does not appear as someone who was aware of the problems that the NCAA has experienced. At the time Emmert seemed to play this off as having just found out about the issues. Now, based on the Cadwalater report, we know that was not the case. Instead, Emmert knew for months.

So, for me the question is what happened during January that triggered the January 23rd announcement. Did UM demand that the NCAAA come clean about its mistakes, after being told on Janaury 11th? What did Emmert and the Executive Committee discuss in the few days before January 23rd? Did that committee require Emmert to come clean and admit mistakes? Were Emmert and his team really prepared to issue a scrubbed NOA while sweeping the Perez incident under the rug? Listen to the Jannuary 23rd teleconference and see how elusive Emmert is on what he knew about the Perez incident and when he knew.

Someone in the press (Whitlock, Dodd, Feldman, etc.) can have some fun with those facts. If you want to help bring down the NCAA, this potential cover-up is a sledge hammer ready to be wielded.

Good post, man. I thought Barry J's recent column was interesting. He quoted a source that said that Emmert rejected UM's overtures to enter into a summary disposition because he didn't feel he could get the committee support. I'm certain that Emmert wanted (and still wants) this thing to go away fast for many of the reasons you stated. But I think that the university presidents who comprise the two committees that would have to approve summary disposition are holding Emmert's feet to the flames.

The dude is f*cked. He has no out. The presidents are telling him, "you made your bed, now lie in it. Take the remnants of your two-year botched investigation to the COI and let the chips fall where they may." On the other side, Donna is telling him, "watch out, dude, if we don't skate through this process, we'll litigate and learn all about your fraudulent enterprise in discovery."