The NCAA HAS commited extortion

[sabrose]

Here is part of the Fla statute


"Under Florida criminal statute 836.05 [Threats; extortion], extortion
can be in the form of a written or verbal threat or communication. The
communication may be in printed form such as an email, letter, or blog.

Whenever a suspect:

maliciously threatens to accuse another of a crime, or
maliciously threatens an injury to the person, property, or reputation of another, or
maliciously threatens to expose another to disgrace, or
maliciously threatens to impute any deformity or lack of chastity to another,

with the intent to extort any money or any pecuniary advantage OR with the intent to compel the threatened person (or any other person), to do any act or refrain from doing any act against his or her will commits the criminal offense of extortion. "

I put in bold the areas that apply. This needs to be forwarded to the states attorney for criminal prosecution,This couldnt be more clear. This isnt about specific NCAA enforcement which is considered private under the constitution.This is about behavior during evidence gathering. Thats a whole different matter. Guys this is huge .The attorneys will have a field day with this. This attorney could be disbarred over this. The NCAA can lose a huge amount of power over this.
Steve B
11/21 2:02 AM | IP: Logged

 

[pcitycane]

Awesome stuff. Lets put THEM on trial!

 

[Gennaker Cane]

remember when the NCAA got sued in the FSU case a few years ago? http://archive.firstamendmentcenter.org/news.aspx?id=22196 Sounds like they need another lawsuit to remind them they are not omnipotent.

 

[DREW!]

If this story is actually true, the NCAA better send a letter of apology tomorrow morning to the players who received the letters. Here's a good summary of Florida's statutory requirements for the crime of extortion: (http://statelaws.findlaw.com/florida-law/florida-extortion-laws.html)

Extortion, also known as blackmail, describes a threat made in order to take another person's money or property, or to compel another person to act or not act. The threat must be sufficient to overcome the victim's free will. Extortion and robbery are distinct crimes because robbery generally requires an immediate threat of physical harm at the time when the perpetrator takes the property, while extortion simply requires a threat at any time.

A Florida state prosecutor must establish several elements to prove an extortion case:

Threat: The prosecutor must prove that the defendant made a verbal or written threat. The threat might imply physical harm death, or even psychological harm to the recipient of the threat, to another person, or to property, if the victim does not comply. Alternatively, the defendant might threaten to reveal a secret, accuse the victim of a crime, or otherwise harm the threatened person's reputation. Under Florida law, the defendant may threaten to do either an unlawful or lawful act. Extortion can include the threat of a legal act, as long as the prosecutor can show that the defendant acted maliciously.

Intent: The prosecutor must show that the defendant had an intent to gain financially, receive property, or otherwise compel the victim to do any act against the victim's will. However, Florida law does not require an intent to actually carry out the threat or an ability to perform the threatened act.

Florida state laws distinguish between extortion by a public officer and extortion by a private person. If a public officer committed extortion, the offense requires the officer to actually take money or gain financially from the threat. Public officers include police, peace officers, lawyers with state-issued licenses, court clerks, and other state officials.
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The letter contains all the elements of extortion. Former players have no legal duty to meet with the NCAA and are fully within their rights to decline NCAA interview requests, so the NCAA's threat that players will be considered guilty of receiving improper benefits from a convicted felon should they choose not to meet with the NCAA would certainly "harm their reputation." The letter also clearly shows an intent to compel the players to act against their will (they are fully within their legal rights to not meet the NCAA). I hope one of the players asks the Miami-Dade State Attorney's Office (which happens to be filled with UM Law grads) to file charges. Oh how sweet it would be to see the NCAA facing 2nd degree felony charges for extortion.

...

 

[ECC609]

 

[UMFarArcher]

Sounds like the NCAA's bug hunt isn't going well, and they're frustrated.

I'm not even an attorney, and I know better than to do some stupid $#!+ like this!

 

[canesman]

This should be fun.

Richman is a 3 year lawyer.

Chick has no clue what she is doing.

This could be a huge mistep by the NCAA and cause them tremendous problems. I love the fact this letter was sent! Maybe the best thing to happen to us during the process.

 

[canesman]

I don't think Ms. Richman will have a job come Monday.

 

[jakeman1]

Vilma will have fun with this one.

 

[CaneSuger]

We're Miami. Who's gonna take our side? Nobody. The whole country just wants to watch us burn.

It's a witch hunt, and the mob loves it.

This should be fun.

Richman is a 3 year lawyer.

Chick has no clue what she is doing.

This could be a huge mistep by the NCAA and cause them tremendous problems. I love the fact this letter was sent! Maybe the best thing to happen to us during the process.

 

[edge]

If true, this investigation could be over real quick fellas. This would mean the NCAA over stepped their bounds and they would be willing to end the investigation rather than be hit with legal recourse. Then the question becomes was a two year self imposed bowl ban too much. The only looming question is what they have on former coaches.

 

[stormsurge]

And as part of the lawsuit - can't it be lodged by just ONE former player - demand that the NCAA reveal ALL emails and communications it has written or made in this matter.

Let's take a look at what they've been doing and saying and let's make sure this goes public. I wonder how willing the NCAA will be to go forward at that point?

 

[Jonnyblaze]

We're Miami. Who's gonna take our side? Nobody. The whole country just wants to watch us burn.

It's a witch hunt, and the mob loves it.

This should be fun.

Richman is a 3 year lawyer.

Chick has no clue what she is doing.

This could be a huge mistep by the NCAA and cause them tremendous problems. I love the fact this letter was sent! Maybe the best thing to happen to us during the process.

I think most people, while having no sympathy for Miami, would acknowledge this is a bush league move by the NCAA. ****, Dennis Dood even picked up on it saying it was messed up, and that **** hates Miami.

 

[tsimonitis]

If I am an attorney repping UM, my smile is from ear to ear this morning.

 

[Bennubird]

Agree Johnnyblaze. I understand CaneSugar's frustration, but UM is not alone in growing weary with the NCAA's so-called enforcement arm.

We're Miami. Who's gonna take our side? Nobody. The whole country just wants to watch us burn.

It's a witch hunt, and the mob loves it.

This should be fun.

Richman is a 3 year lawyer.

Chick has no clue what she is doing.

This could be a huge mistep by the NCAA and cause them tremendous problems. I love the fact this letter was sent! Maybe the best thing to happen to us during the process.

I think most people, while having no sympathy for Miami, would acknowledge this is a bush league move by the NCAA. ****, Dennis Dood even picked up on it saying it was messed up, and that **** hates Miami.

 

[tsimonitis]

If this is how the NCAA is going to play it, Donna should pick up the phone and call the justice department and say "I know a billion dollar company that has no competition and blocks competition from entering the market that should be investigated for anti-trust violations."

 

[MiamiVice7]

I like the idea and agree with the tenor of OP's post (i.e. **** the NCAA and its b.s. tactics), but I believe the problem with this angle, legally, is the "maliciously" qualifier in that FL statute.

 

[Notsince1985]

We're Miami. Who's gonna take our side? Nobody. The whole country just wants to watch us burn.

It's a witch hunt, and the mob loves it.

This should be fun.

Richman is a 3 year lawyer.

Chick has no clue what she is doing.

This could be a huge mistep by the NCAA and cause them tremendous problems. I love the fact this letter was sent! Maybe the best thing to happen to us during the process.

SMU?

 

[howlinhurricane]

I believe malicious intent is fairly easy to establish, however, generally a claim of extortion cannot be predicated on a threat to do an act which a person has a lawful right to do. In other words, this may not be extortion because the NCAA jerks have the right to deem the silence as an admission.

This is just one of the many ways the NCAA is garbage...they are blatantly and transparently claiming UM is guilty until proven innocent based primarily on the testimony of a vindictive swindler. The Herald has taken the right tone and needs to dig a little deeper and point the spotlight back at the NCAA rather than the U. I am not surprised by the NCAA--I think they applied similar tactics in their investigation of Reggie Bush--but it is appalling nonetheless that the former players are being strong-armed into testifying and potentially further incriminating themselves and the U.

It's a Canes thing, you wouldn't understand! Get the **** out of Miami you stinkin NCAA!

 

[canesstevealum08]

Howlin' I gotta disagree the ncaa overstepping their jurisdiction should void a presumption of guilt. say if they were interviewing Mike James then yes you're correct.