NCAA launches external review of enforcement program due to issues in Miami case

KrAzY3

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For the NCAA, which has no subpoena power, to compel Shapiro to disclose information from the bankruptcy proceedings, is wrong, unethical, and thy got busted. This isn't about hating Bama
His own lawyer disputes those claims though! Also, he came forward voluntarily, so I'm not sure why they would need to compel him to disclose information. I'm with his lawyer in that I question their motives, it's not about Alabama, it's about letting someone else off the hook.

Secondly, let's put this in another context. Let's say that a employer is given solid evidence that an employee was stealing from them. Then, in the course of firing the employee they find out that the person who provided the information got it by breaking into the employees desk at work and going through his personal property. Clearly, you have to punish the latter employee for breaking into the desk, that is not in doubt. But, if the evidence is still clear, how do you not still fire the employee who is stealing from you? Yes, something unethical happened and there should be punishment, but the reality is there's still a thief! What the NCAA is saying here is look, we broke our rules so we are now going to pretend other rules were not broken. That's illogical.
What have we learned. If they have the goods on you, refuse to acknowledge it. If they have witnesses try to discredit them.

If this isn't enough reason to leave the NZAA, what is?
This is my hangup. Now, after the NCAA crucified Alabama twice, over what amounted to two relatively minor events (a signed napkin, and a coach steering a player to Alabama). After Alabama was brutalized, and demonized, now, when by all accounts they are running a clean program under a clean coach, now the NCAA is showing a road map on how to break the rules and get away with it. Auburn showed that the only way to stop Nick Saban is to break the rules, and the NCAA is showing how to break the rules and get away with it. May be it's not about Alabama, but it is about how to beat Alabama...
 

OBMS

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For the NCAA, which has no subpoena power, to compel Shapiro to disclose information from the bankruptcy proceedings, is wrong, unethical, and thy got busted. This isn't about hating Bama


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This is what I had been waiting on----

http://msn.foxsports.com/collegebas...ng-blames-NCAA-for-Miami-investigation-012413

In order for this to be unethical conduct on the part of the lawyer, she would only be subject to her client's charge. Sounds like he asked the NCAA to attend. The problem is that the depositions may or may not be in the public domain; depends on if they were filed with the court. If not, they cannot be used. If so, they are free game. By her statement ---

Perez said she was upset with the speculation that she colluded with the NCAA against Miami.
"I don't understand what all this madness is about," Perez said. "This is much ado over nothing. ... Everyone is going to know exactly what happened. I have not done anything that is not above-board. In fact, I will take it a step further. I am a victim of their enforcement staff's misconduct. This is insane. This is ridiculous. This is outrageous."


---it sounds like the NCAA included something in the report that they specifically discussed and decided could not be used.

New term for the day ----- ROGUE INVESTIGATOR.
 

RTR91

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One anonymous investigator wants to know what the deal is.

Link

As confusing, as surprising, as embarrassing, as unbearably long as this NCAA investigation of the University of Miami seems from the outside, an official on the inside adds another word.

"Unprecedented,'' an NCAA investigator who worked on the Miami case said.

This is a walk through the looking glass. This is a view of the other side, at how the sausage in NCAA investigations gets made — or un-made, as in this strange Miami case.

NCAA President Mark Emmert called a national news conference last week, saying he was "angry," that an investigator sat with the lawyer for UM whistle-blower Nevin Shapiro on the depositions of former athletic employees.

This NCAA investigator, who demanded anonymity, raised a different angle to that issue. It broke no law, he said. It didn't involve a twisted ethical question, he said.

"There are a lot of us wondering just what the purpose of (Emmert's news conference) was — and why it happened in the first place,'' the investigator said.

Do you know how unusual this is? An investigator questioning the NCAA itself? A foot soldier wondering what is at work inside the college castle?

When asked if there was an ethical question in an attorney using legal means to depose someone the NCAA otherwise couldn't, the investigator was certain.

"This was good, investigative work,'' he said.

The investigator then listed similar officials the NCAA has worked with through the years to gather evidence against schools or individuals: U.S. Attorney offices, private investigators, former FBI agents and various lawyers.

"Even in the Miami case, this wasn't a solitary issue,'' he said.
 

bamafaninOhiO

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How am I supposed to explain the $cam situation other than *U lawyered-up? It appears someone in Miami did the same, but this time they had something more which prompted the NCAA to investigate itself, as it were. That something was the NCAA appears to have crossed legal bounds and is afraid of the potential legal consequences.

Alabama's case is completely different in some respects, but the lawyers in the group can probably better answer if legal lines may have been crossed there. Problem is that even if they did cross legal bounds in our case the Alabama staff at the time basically fell on their sword.

IMHO, *U showed the way in how to beat an NCAA investigation and it appears Miami may have perfected it, with the NCAA's help. No one at UA was willing to put up that kind of fight. Perhaps they were afraid of further retaliation after the previous case with them. Maybe they were just inept. Whatever the case, the NCAA has gotten itself in quite the mess this time.
every college facing sanctions 'lawyers up'. It wouoldnt be smart not to.
 

Aledinho

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Paul Dee and Donna Shalala have enough clout that the NCAA will perform intellectual acrobatics to let them off the hook. I'm waiting for the "every case is different" line to be trotted out.
 
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NationalTitles18

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every college facing sanctions 'lawyers up'. It wouoldnt be smart not to.
Bama even "lawyered up" by your definition. But that doesn't put it in context. Alabama rolled over and played dead. The lawyers can do no "good" if the client rolls over and falls on their sword. *U's lawyer team had orders to vigorously defend their client and they did so. *U did not roll over. Same with Miami - or else we would not be at this point.
 

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