More Trouble for LSU & Orgeron Dodges an Invitation from the Legislature

AlexanderFan

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The "civil RICO" statute says "Any person injured in his business or property by reason of a violation of [the criminal RICO statute]may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney's fee..."

When I was an attorney with the Air Force, we and DOJ considered using this against several defense contractors for defrauding the government.
So by bringing this in to play she would have to prove that LSU is guilty of criminal RICO, and she could then claim triple damages?

Is that an argument a judge could throw out?
 
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AlexanderFan

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I actually think she’s angling for a godamighty settlement (which, I have zero doubt, she deserves), and correctly feels that putting the claims in federal jurisdiction, and the threat of it’s no-nonsense subpoena processes, is the best way to get there.

Without the protections of the friendly confines of the Louisiana state and municipal courts, I think the Louisiana PTB will capitulate, subject to an NDA, and we’ll never know the full truth.

She’s getting good counsel
You’re most likely right, but you’ve got to have something that looks real threatening to bring them in with the checkbooks. I’m just picking the brains of the free TideFans legal team we get with our subscription for some clarity into stuff like this.
 
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4Q Basket Case

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You’re most likely right, but you’ve got to have something that looks real threatening to bring them in with the checkbooks. I’m just picking the brains of the free TideFans legal team we get with our subscription for some clarity into stuff like this.
While I’m not a lawyer, I dealt with a lot of them over a long banking career, and have been married to one (not a litigator) for over 32 years. So I’ve picked up enough through osmosis to be nasty dangerous.

Suits under Title IX and RICO that don’t draw laughter grab lawyers’ attention like a vise on private parts. We all see finger-pointing out of Baton Rouge, but I hear no laughter.

I do know enough to recognize that both Title IX and RICO are federal laws. So trials under those statutes (should any happen at all) would be conducted in federal court.

Problem there, is that does an end-run around the state and municipal courts notoriously friendly to the Tigahs.

The PTB know the truth, and will pay a lot to keep it out of the public light of a federal court.

I think she gets the settlement.
 

AlexanderFan

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While I’m not a lawyer, I dealt with a lot of them over a long banking career, and have been married to one (not a litigator) for over 32 years. So I’ve picked up enough through osmosis to be nasty dangerous.

Suits under Title IX and RICO that don’t draw laughter grab lawyers’ attention like a vise on private parts. We all see finger-pointing out of Baton Rouge, but I hear no laughter.

I do know enough to recognize that both Title IX and RICO are federal laws. So trials under those statutes (should any happen at all) would be conducted in federal court.

Problem there, is that does an end-run around the state and municipal courts notoriously friendly to the Tigahs.

The PTB know the truth, and will pay a lot to keep it out of the public light of a federal court.

I think she gets the settlement.

Fiddy million, settle for 35?
 
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4Q Basket Case

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Depends on the evidence. But one difference is that in a civil case you don't have to prove your case beyond a reasonable doubt.
I think Lewis and her legal team will claim that the Husch Blackwell report shows that there were so many people involved, at such a high level of co-ordination, that it constitutes organized criminal conduct, and therefore meets the definition of racketeering.

Whether there are any precedents for that, I have no idea. But remember, this is federal court, so precedents anywhere in the country count. Also, whether the judge will buy it, I don’t know. But he or she will be a federal judge, neither an employee of the State of Louisiana, nor elected by the population of Louisiana.

I did read another article that quoted an assistant coach. Long story short, he admitted that, in the name of, “protecting LSU,” the whole department slid down a slippery slope wherein each step was so small that it didn’t seem out of line.

But pretty soon, he said, even if each individual step isn’t a big deal, after you’ve taken a bunch of them, you find yourself in a place you can’t believe you got to.

Whether that constitutes racketeering under the definition of RICO, I have no idea. But for all the bluster of the LSU Athletic Department, I promise you, she has the full attention of the internal and external legal staff.

Late Add: Found the article. The quote from the assistant football coach is about halfway through....

 
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AlexanderFan

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I think Lewis and her legal team will claim that the Husch Blackwell report shows that there were so many people involved, at such a high level of co-ordination, that it constitutes organized criminal conduct, and therefore meets the definition of racketeering.

Whether there are any precedents for that, I have no idea. But remember, this is federal court, so precedents anywhere in the country count. Also, whether the judge will buy it, I don’t know. But he or she will be a federal judge, neither an employee of the State of Louisiana, nor elected by the population of Louisiana.

I did read another article that quoted an assistant coach. Long story short, he admitted that, in the name of, “protecting LSU,” the whole department slid down a slippery slope wherein each step was so small that it didn’t seem out of line.

But pretty soon, he said, even if each individual step isn’t a big deal, after you’ve taken a bunch of them, you find yourself in a place you can’t believe you got to.

Whether that constitutes racketeering under the definition of RICO, I have no idea. But for all the bluster of the LSU Athletic Department, I promise you, she has the full attention of the internal and external legal staff.

Late Add: Found the article. The quote from the assistant football coach is about halfway through....

Article above, she wants $50 million. That’s a lot of money to pay.
 

AlexanderFan

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Once it hit the media here, I assure you heads will roll. The fan base will push for that to happen.

I think it will be a general overhaul. I’m thinking Wade gets caught up in it as well. Just a hunch.
This might be a way to get him out. Miller at Arizona has been axed. Wade is the only one left I believe. Maybe the tigahs have confused his toxic radiation with everyday swamp gas.
 

JDCrimson

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With a name like Husch Blackwell, you would think the firm would be representing the defendant...
 
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