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Read this q and a from a lawyer. It obviously explains the stuff you know but halfway down he explains why and what will happen. He thinks Miami will avoid any penalties because the U has leverage and can make Emmert go testify under oath.Interesting read. FYI there's some offensive language once or twice.
This should clear up why What NCAA did is wrong. Also believes Miami will avoid sanctions because they could essentially sue NCAA and make Emmert testify.
This post was edited by Seabreeze2 15 months ago
Good explanation of what went down.
Not sure if I agree this saves Miami. I think the NCAA may sanction them despite the consequences.
Miami survives with a slap on the wrist here.
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Really clear explanation. It appears Miami has the leverage here. You have to think PSU is watching this intently as they already have a pending lawsuit against the NCAA.
Thanks for that.
Ncaa went against their rules in using a secret witness against bama.
It was an interesting article, and while the author is an attorney, remember that he's an attorney with an agenda. Everyone should read his previous article that he linked which compares college athletes to slaves:
"Robert Wheel explains how you can't be outraged at "guilty until proven innocent" unless you're outraged at players being unpaid too."
The author may be an attorney, but remember...for every attorney who is right about a case, there is usually another one who is wrong.
I guess I just question how much the threat of suit will really prevent the NCAA from doing anything.
They say they won't use the illegally required material, but the material will probably still play a big role in the mind of the infractions committee, anyway.
And the NCAA's main goal is to protect schools from each other. They have a lot of lawyers and a lot of money. If it comes down to being sued or dropping the hammer, I think they drop the hammer. This is especially true since the facts of this case are probably pretty hazy, and the NCAA has plenty of top-shelf lawyers to explore the haziness.
I don't think PSU who is suing. Isn't it the state of Pennsylvania and their Governor?
I am a construction attorney, and I rarely have a case involving torts. Nevertheless, I am not quite sure how Miami would have a fraud claim against NCAA, as stated by this "alleged attorney." The following are the elements for proving a fraud: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result. Miami must prove all 5 elements against the NCAA to succeed on a fraud claim.
The key here is the identity of the deponent.
Arguably, NCAA made a false statement through Shapiro's attorney, since it apparently paid her to deceive a deponent into answering questions relating to the NCAA investigation. In the story, though, this alleged attorney never actually indicates the identity of the deponent or when the NCAA actually made a false statement to a Miami official or representative. If the NCAA did not make the false statement to a Miami official or representative (or if the deponent is not a Miami rep or official), then I am not quite sure how Miami could satisfy elements 3 and 4, which require the victim to be decived by and rely upon the false statement.
Furthermore, I imagine that the NCAA will not use any of the information that they receive from that deposition in their report or sanctions. So, I am not quite sure how the NCAA has substantially harmed Miami by doing this. Even if Miami could succeed on a fraud claim and receive punitive damages, the punitive damages would likley be reasonably capped by a 9:1 ratio.
So, bottom line, I do not understand why he is so adamant that Miami can "take the NCAA to the cleaners" (the federal government has a criminal claim against the NCAA for obstruction of justice but that is not Miaim). Maybe I am missing something or maybe he knows more than what is discussed in the story. But, I still believe that the NCAA will sanction Miami
Technically they already have I suppose, since Golden has cut back on schollies and cut out 2 bowl appearances. I think the absolute maximum they hand down is 10 total scholly reduct.
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I disagree with his absolute on penalties as Miami did cheat and everyone knows it. I think they get punished but the wrong doing limits the punishment to nothing more than a slap on the wrist.
However, I think this case strengthens the Mike Slive proposition on how the NCAA should be governing colleges.
PSU isn't suing anyone. The Penn Governor is trying to sue to the NCAA but he has zero legal standing to file the lawsuit. Penn St contracted to receive their punishment and contracts have an incredible amount of legal standing in courts.
That Governor was just pandering for votes during his reelection bid.
...and to piggy back on your post it is my understanding that Miami and the NCAA can't negotiate out of the criminal matter as that is completely out of their power.
I don't really buy this guy's argument or that he is a lawyer. If he is a lawyer I bet he is a lawyer that doesn't work as a lawyer but instead got a job as a banker.
Losing doesn't make me want to quit. It makes me want to fight that much harder-Coach Paul "Bear" Bryant
I just want to note that this was a bankruptcy case, so we're dealing with the Federal Rules of Bankruptcy Procedure. I know nothing about bankruptcy, so I have no clue what if or how this matters. I just know the evidentiary rules are different/stricter.
I don't even want to figure out the who, what, or where on potential state law claims.
Actually, that hasn't been shown, has it? The attorney billed the NCAA, but has the NCAA paid her? Do we know if the NCAA even had an agreement to pay the attorney? It sounds like the attorney went back after the fact and billed the NCAA...not that they had entered into an agreement for compensation beforehand.
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