Question for Dapper

[Big Sky Cane]

Does anyone have any actual proof that our cooperation has been "unprecedented"?

How cooperative have we really been? From the sounds of it UM dished out $80,000 or so from impermissible benefits in the bankruptcy case so the former players wouldn't have to testify.

Couldn't the NCAA consider that obstruction?

 

[DapperSlapper]

Does anyone have any actual proof that our cooperation has been "unprecedented"?

How cooperative have we really been? From the sounds of it UM dished out $80,000 or so from impermissible benefits in the bankruptcy case so the former players wouldn't have to testify.

Couldn't the NCAA consider that obstruction?

http://www.cbssports.com/mcc/blogs/entry/6270202/33315375:

Emmert went out of his way to compliment Miami president Donna Shalala and her role in the ongoing investigation that the NCAA started in the spring. For a sitting NCAA CEO to comment on such a high-profile case as Miami’s is almost unprecedented. For him to drop in compliments in the middle of the case, well, it’s hard to remember if that has ever occurred.

“The reality is that Miami, the university, has been incredibly cooperative,” Emmert said. “[Miami] President Shalala is doing an incredible job of interacting with us. Donna is doing a great job. She is being very, very helpful.”

There have been other reports of Miami's exemplary cooperation. Additionally, the self imposition of 2 "bowl bans" as Miami has done is unprecedented.

Look at my post on page 1 for an example of when cooperation does more than just satisfy an institution's obligations pursuant to NCAA Bylaws.

As for the bankruptcy case, UM was looking at fighting claims or settling. UM never admitted that payments went to former athletes. There is no conclusion to be drawn from that. UM had an obligation to look out for its best interests in determining a course of action relative to potential claims by the bankruptcy trustee.

As an aside, the trustee's original threat (that he was going to subpoena every former athlete named in the yahoo article) was never going to happen. There were former players who were alleged to have received $100 or less in impermissible benefits. Many of those individuals probably live out of state. It would cost more just to subpoena some of them than could have been recovered from those former players.

 

[stormsurge]

Dapper, thoughts?


....

Judge says NCAA 'malicious' in USC investigation
By ANTHONY McCARTNEY (Associated Press) | The Associated Press – 11 minutes ago

LOS ANGELES (AP) -- The NCAA was ''malicious'' in its investigation of a former Southern California assistant football coach who was linked in a report to a scandal surrounding Heisman Trophy-winning tailback Reggie Bush, a judge said Wednesday.

The NCAA's report on ethical breaches by Todd McNair was flawed, and the former coach has shown a probability he can win his defamation claims, Los Angeles Superior Court Judge Frederick Shaller said.

The NCAA had sought to have the case dismissed, but Shaller disagreed. He said after reviewing sealed documents in the McNair inquiry, which was tied to a gift scandal involving Heisman Trophy-winner Reggie Bush, he was convinced that the actions of NCAA investigators were ''over the top.''

His ruling states emails between an investigative committee member, an NCAA worker and a person who works in the agency's appeals division ''tend to show ill will or hatred'' toward McNair.

Laura Wytsma, an attorney for the NCAA, declined comment but said during the hearing that the ruling would be appealed. A message to the agency was not immediately returned.

McNair sued the NCAA in June 2011, claiming the association's investigation was one-sided and his future earnings were hurt by its report on the scandal, which led to sanctions against USC. The NCAA determined McNair lied about knowing about some of the gifts lavished on Bush's family by two aspiring sports marketers who hoped to land the future NFL player as a client.

The NCAA imposed a two-year bowl ban and scholarship restrictions on USC last year as a result of the Bush case. McNair was prohibited from contacting recruits and his USC contract was not renewed.

Shaller said he would unseal the entire inquiry into McNair, but would hold off on release of the records for a month to allow an appeal. ''I think the public has a right to know,'' he said.

McNair's attorney Bruce Broillet declined comment, citing the sealing order in the case. He said during the hearing that the records showed the agency knew it was relying on false statements about McNair's conduct and wanted to ''nail'' the coach, who also played in the NFL.

''They wrote evidence the way they wanted it to be - that's malice,'' Broillet said.

Wytsma rejected that contention in court, saying the evidence in the case show the committee that investigated McNair was trying to get its report right.

''They were struggling to get the right result,'' she said, adding that several members of the investigative committee were prominent lawyers and legal scholars.

She also argued that records in the case should not be unsealed, saying it would hurt future investigations. The NCAA does not have subpoena power, she said.

<from yahoosports>

 

[Tano]

those involve internal emails where the ncaa officials were talking ****, guys...not public correspondence dictating ncaa procedure.

 

[String911]

Not true. Even if they've got the goods on you, they have to allow you the opportunity to refute.

^^^^ Which is a Farce!! Thats means every friggin ****Sucker who says that he gave ANY player something and has a picture of that player with him Means he's telling the truth? And Now he has to defend himself..... Total Bull****...

JC

To me, that's not what they're saying. I read it as "we have actual proof against you, this is your last chance to provide something to mitigate the accusations".

If they had the proof, they wouldn't bother sending these letters. I don't believe for a second that they are interested in mitigating anything. I think it's a shameless attempt to coerce people into self-incrimination.

 

[DapperSlapper]

Dapper, thoughts?


....

Judge says NCAA 'malicious' in USC investigation
By ANTHONY McCARTNEY (Associated Press) | The Associated Press – 11 minutes ago

LOS ANGELES (AP) -- The NCAA was ''malicious'' in its investigation of a former Southern California assistant football coach who was linked in a report to a scandal surrounding Heisman Trophy-winning tailback Reggie Bush, a judge said Wednesday.

The NCAA's report on ethical breaches by Todd McNair was flawed, and the former coach has shown a probability he can win his defamation claims, Los Angeles Superior Court Judge Frederick Shaller said.

The NCAA had sought to have the case dismissed, but Shaller disagreed. He said after reviewing sealed documents in the McNair inquiry, which was tied to a gift scandal involving Heisman Trophy-winner Reggie Bush, he was convinced that the actions of NCAA investigators were ''over the top.''

His ruling states emails between an investigative committee member, an NCAA worker and a person who works in the agency's appeals division ''tend to show ill will or hatred'' toward McNair.

Laura Wytsma, an attorney for the NCAA, declined comment but said during the hearing that the ruling would be appealed. A message to the agency was not immediately returned.

McNair sued the NCAA in June 2011, claiming the association's investigation was one-sided and his future earnings were hurt by its report on the scandal, which led to sanctions against USC. The NCAA determined McNair lied about knowing about some of the gifts lavished on Bush's family by two aspiring sports marketers who hoped to land the future NFL player as a client.

The NCAA imposed a two-year bowl ban and scholarship restrictions on USC last year as a result of the Bush case. McNair was prohibited from contacting recruits and his USC contract was not renewed.

Shaller said he would unseal the entire inquiry into McNair, but would hold off on release of the records for a month to allow an appeal. ''I think the public has a right to know,'' he said.

McNair's attorney Bruce Broillet declined comment, citing the sealing order in the case. He said during the hearing that the records showed the agency knew it was relying on false statements about McNair's conduct and wanted to ''nail'' the coach, who also played in the NFL.

''They wrote evidence the way they wanted it to be - that's malice,'' Broillet said.

Wytsma rejected that contention in court, saying the evidence in the case show the committee that investigated McNair was trying to get its report right.

''They were struggling to get the right result,'' she said, adding that several members of the investigative committee were prominent lawyers and legal scholars.

She also argued that records in the case should not be unsealed, saying it would hurt future investigations. The NCAA does not have subpoena power, she said.

<from yahoosports>

I haven't followed that case at all. If I feel the urge to spend money by downloading court filings from PACER, then I'll post an opinion, but, as of right now, I don't have that urge.

It's not really that newsworthy because it doesn't seem like it was a final order (ending any issue in the case), and it doesn't really have anything to do with UM's investigation. All I remember from the aftermath of the Public Report is that many claimed that the COI got dates wrong and things of that nature and used that incorrect information to corroborate things that could not be corroborated with real evidence.