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Miami receives it's Notice of Allegations from the NCAA

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Miami receives it's Notice of Allegations from the NCAA

Postby FunnGun » Wed Jan 23, 2013 2:39 pm

Some interweb lawyers think so. Mostly the 2000 Cane fans that apparently passed the Florida Bar today. The NCAA is a joke.

The NOA for Miami has been suspended/delayed though.


http://www.ncaa.org/wps/wcm/connect/pub ... nt+program


The NCAA national office has uncovered an issue of improper conduct within its enforcement program that occurred during the University of Miami investigation. Former NCAA enforcement staff members worked with the criminal defense attorney for Nevin Shapiro to improperly obtain information for the purposes of the NCAA investigation through a bankruptcy proceeding that did not involve the NCAA.

As it does not have subpoena power, the NCAA does not have the authority to compel testimony through procedures outside of its enforcement program. Through bankruptcy proceedings, enforcement staff gained information for the investigation that would not have been accessible otherwise.

"I have been vocal in the past regarding the need for integrity by NCAA member schools, athletics administrators, coaches, and student-athletes,” said Association President Mark Emmert. "That same commitment to integrity applies to all of us in the NCAA national office."

In light of this incident and other recent events involving the enforcement staff, President Emmert has commissioned an external review of the enforcement program. The review will include a thorough investigation into the current issue as well as the overall enforcement environment, to ensure operation of the program is consistent with the essential principles of integrity and accountability. The NCAA has retained Kenneth L. Wainstein, a partner with the law firm Cadwalader, Wickersham & Taft LLP to conduct this investigation. Wainstein specializes in corporate internal investigations and civil and criminal enforcement proceedings. He was formerly Homeland Security Advisor to President George W. Bush and has served as the Assistant Attorney General for National Security as well as the FBI General Counsel.

As it relates to the Miami investigation, the NCAA will not move forward with a Notice of Allegations until all the facts surrounding this issue are known.

"Upon receipt of Mr. Wainstein’s findings, I will take further steps as needed to assure accountability for any improper conduct,” Emmert said.

"The NCAA Executive Committee expects the enforcement program to operate within approved procedures and with the highest integrity. Although we are deeply disappointed in this turn of events, we strongly support the actions President Emmert is taking to address the problem,” said Lou Anna K. Simon, executive committee chair and Michigan State University president.

"To say the least, I am angered and saddened by this situation. Trust and credibility are essential to our regulatory tasks,” said Emmert. "My intent is to ensure our investigatory functions operate with integrity and are fair and consistent with our member schools, athletics staff and most importantly our student-athletes," he added.

Last edited by FunnGun on Tue Feb 19, 2013 11:45 pm, edited 2 times in total.
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Re: Miami Off The Hook?

Postby FunnGun » Wed Jan 23, 2013 2:43 pm

The NCAA actually had Shapiro attorney on its payroll. "This is obviously a shocking affair" Emmert said


:facepalm:
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Re: Miami Off The Hook?

Postby FunnGun » Wed Jan 23, 2013 2:44 pm

Could this end up in a "mistrail" for Miami? "It's premature to answer that question," Emmert said


Emmert says he's hoping for Miami resolution in weeks, not months

Emmert confirms that NCAA enforcement officials worked with Nevin Shapiro's attorney to "improperly subpoena and depose witnesses."

NCAA can't use info they shouldn't have gotten vs. Miami, so explain Penn State again?
Last edited by FunnGun on Wed Jan 23, 2013 2:49 pm, edited 2 times in total.
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Re: Miami Off The Hook?

Postby Jabberdave » Wed Jan 23, 2013 2:45 pm

So now they'll spend 8 months investigating their investigation. How do they penalize themselves?
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Re: Miami Off The Hook?

Postby FunnGun » Wed Jan 23, 2013 2:49 pm

Jabberdave wrote:So now they'll spend 8 months investigating their investigation. How do they penalize themselves?

Because Miami?

Staff reduction, hiring freeze and bonus ban?
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Re: Miami Off The Hook?

Postby gatorspook » Wed Jan 23, 2013 2:52 pm

They will revisit it....their lack of ability to circumvent a legal order is accompanied by the ability to disregard due process.....the way they have always been.
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Re: Miami Off The Hook?

Postby phideltgator » Wed Jan 23, 2013 2:57 pm

What are they going to review? The facts have been revealed. You can't unkill someone can you?
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Re: Miami Off The Hook?

Postby FunnGun » Wed Jan 23, 2013 3:05 pm

gatorspook wrote:They will revisit it....their lack of ability to circumvent a legal order is accompanied by the ability to disregard due process.....the way they have always been.

I think so. But at this point to what degree is a mystery. The NCAA has really crewed the pooch on this one, especially on the heels of the Penn State sanctions.


Emmert says only a small portion of information was obtained as a result of misconduct. Also says any information obtained improperly would be "thrown out"
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Re: Miami Off The Hook?

Postby gator87 » Wed Jan 23, 2013 3:09 pm

I wish the NCAA would give themselves the death penalty.
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Re: Miami Off The Hook?

Postby FunnGun » Wed Jan 23, 2013 3:13 pm

http://www.cbssports.com/collegefootbal ... miami-case

The NCAA is putting the breaks on the Miami investigation process until another investigation is completed: a review of misconduct inside the NCAA enforcement program.

The national office announced on Wednesday that former NCAA enforcement staff members improperly obtained information for the purposes of the investigation through a bankruptcy proceeding. According to the release, the information and aid of Nevin Shapiro's criminal defense attorney was outside of the jurisdiction since the bankruptcy case does not involve the NCAA.


The NCAA improperly retained Nevin Shapiro's attorney to work on depositions in a federal bankruptcy case in order determine NCAA violations, a source close the case told CBSSports.com.

It would be improper for the NCAA would hire the attorney representing the subject of an ongoing investigative process. That attorney is believed to be Marie Elena Perez. It is also thought that the NCAA's involvement in a federal case that has nothing to do with the government's interest in that case could be cause for concern for the NCAA.

The discovery has prompted NCAA president Mark Emmert to call for an external review of the entire enforcement program. The review will not only include the current issue in the Miami case but also "the overall enforcement environment, to ensure operation of the program is consistent with the essential principles of integrity and accountability."

"To say the least, I am angered and saddened by this situation. Trust and credibility are essential to our regulatory tasks," Emmert said in the official release. "My intent is to ensure our investigatory functions operate with integrity and are fair and consistent with our member schools, athletics staff and, most importantly, our student-athletes."

The NCAA also announced that the enforcement staff will not move forward with a Notice of Allegations for the University of Miami "until all the facts surrounding this issue are known." According to multiple reports, the NCAA was in the process of contacting individuals named in the allegations and could issue the NOA anytime in the next two weeks.

"If there is any information that was obtained improperly absoltutley it would be thrown out," Emmert said on the teleconference following the announcement.

This new development could to be good news for Miami -- already two postseason bans deep into its self-imposed sanctions -- as the NCAA's case could be weakened during the review. If information obtained in Shapiro's bankruptcy case is now off-limits for the NCAA investigation, the enforcement staff might not be able to provide its own evidence to support allegations that have, essentially, already been made.

It also means that former Miami coaches, like Missouri basketball coach Frank Haith and current Louisville assistant head football coach Clint Hurtt, might be in better shape than we previously thought.

Regardless, it is bad news for the NCAA. Emmert and the enforcement staff has been under fire ever since the swift action in the Penn State case. Now some last-minute double checking has turned up a flaw in one of the most notable cases of the last decade.
Image


Emmert has a sad.
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Re: Miami Off The Hook?

Postby FunnGun » Wed Jan 23, 2013 3:30 pm

UM"s Shalala: "I'm frustrated, disappointed & concerned by Emmert’s announcement integrity of investigation may have been compromised"


Think she being honest? Or doing the Leprechaun dance in her head?
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Re: Miami Off The Hook?

Postby Jabberdave » Wed Jan 23, 2013 3:42 pm

FunnGun wrote:
UM"s Shalala: "I'm frustrated, disappointed & concerned by Emmert’s announcement integrity of investigation may have been compromised"


Think she being honest? Or doing the Leprechaun dance in her head?


Shalala is female!?? :eek:
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Re: Miami Off The Hook?

Postby FunnGun » Wed Jan 23, 2013 3:46 pm

Jabberdave wrote:
FunnGun wrote:
UM"s Shalala: "I'm frustrated, disappointed & concerned by Emmert’s announcement integrity of investigation may have been compromised"


Think she being honest? Or doing the Leprechaun dance in her head?


Shalala is female!?? :eek:

That wasn't always clear and I had doubts myself, but apparently the beef jerky eatin' Sasquatch has dispelled those rumors with carnal knowledge, on the premises.
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Re: Miami Off The Hook?

Postby Jabberdave » Wed Jan 23, 2013 3:49 pm

:lol: :lol: :lol:
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Re: Miami Off The Hook?

Postby FunnGun » Wed Jan 23, 2013 3:51 pm

http://www.hurricanesports.com/ViewArti ... =206082965

Statement from UM President Donna E. Shalala

“Since the University first alerted the NCAA to the possibility of violations more than two years ago, we have been cooperative and compliant with the NCAA and, I believe, a model for how institutions should partner with NCAA staff during investigations. In addition to encouraging current and former staff members and student-athletes to cooperate with investigators, we have provided thousands of documents to the enforcement staff.

I am frustrated, disappointed and concerned by President Emmert’s announcement today that the integrity of the investigation may have been compromised by the NCAA staff.

As we have done since the beginning, we will continue to work with the NCAA and now with their outside investigator hoping for a swift resolution of the investigation and our case.

I want to thank our community for their continued support and patience.

Stand with the U.”


It's all 'bout da U.
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Re: Miami Off The Hook?

Postby bradgator2 » Wed Jan 23, 2013 4:06 pm

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Re: Miami Off The Hook?

Postby law98gator » Wed Jan 23, 2013 4:42 pm

I have heard of grand jury secrecy. I've never heard that bankruptcy proceedings had any secrecy attached.

I agree that this is probably a theory posited by coCainething, and I'm sure he hasn't passed the bar.
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Re: Miami Off The Hook?

Postby rogdochar » Wed Jan 23, 2013 4:48 pm

So the NCAA's policing/prosecuting arm has to investigate in the
"Muck that's Miami's". But not get on their starched white shirts
any mud kicked up by a state legal investigation. An investigation
into the monetary misdealings of the known criminal who threw
criminal 'soiree-sindigs' for UM recruits, UM players, UM recruiters,
UM coaches etc. (Criminal because prostitution is illegal in Miami).
.... also tell me there was not a "potpourri" of illegal drugs in use.

The details of Shapiro's financial dealings involve $chunk$ of
thousands of dollars "given" to UM. There's a photo of "oh so happy"
Shalala taking a $50,000 check from Shapiro.

Information is just information. And you just make sure you do not
misuse it. But let the honorable side understand the "violator's"
wrong activities and then get advise, even independent counsel,
on how to make it fit or exclude it.

The greatest promoter of crime is how easy it is for truth to stay
hidden. That is exactly why 100x more crimes are done at night.
Reduce the likelihood of hiding the truth and you reduce crime
and criminals.
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Re: Miami Off The Hook?

Postby phideltgator » Wed Jan 23, 2013 4:53 pm

[quote="FunnGun"]http://www.hurricanesports.com/ViewArticle.dbml?DB_OEM_ID=28700&ATCLID=206082965

Statement from UM President Donna E. Shalala

[quote]“Since the University first alerted the NCAA to the possibility of violations more than two years ago, we have been cooperative and compliant with the NCAA and, I believe, a model for how institutions should partner with NCAA staff during investigations. In addition to encouraging current and former staff members and student-athletes to cooperate with investigators, we have provided thousands of documents to the enforcement staff.

I am frustrated, disappointed and concerned by President Emmert’s announcement today that the integrity of the investigation may have been compromised by the NCAA staff.
.............................................................................................
She has got balls. There are pictures of her taking money from the clown with a sh(t eating grin on her face. Now she is pointing fingers......please.
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Re: Miami Off The Hook?

Postby JaxGatorKnot » Wed Jan 23, 2013 5:14 pm

I'm so afraid these scum-buckets are gonna' slip thru the cracks :madevil: :(
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