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"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."
The NCAA national office has uncovered an issue of improper conduct within its enforcement program that occurred during the University of Miami investigation.
Funny thing is that since the NCAA doesnt behave at all like a court of law all they have to do here is apologize and have a letter of corrective action but they will still use the evidence gained against Miami. Doesnt have to be thrown out. lol
Miami may have a loop-hole to run through!
Agree. The NCAA is not a court of law and never has been. Innocent until proven guilty means nothing.. if someone stonewalls them like Miami has, it might as well be an admission of guilt.
The poster formerly known as 31-7. Understood by few, known by many, loved by all.
Here's a Q&A Manny Navaro ( Miami Herald's UM beat writer) did with a former compliance officer with the NCAA concerning the Miami investigation. While this man is obviously not involved with the NCAA's current investigation of UM he does offer an experienced perspective into how the NCAA might view any findings of wrongdoing it may have uncovered and what effect (if any) UM's cooperation with the investigation may have on any penalties levied:
With reports surfacing that former basketball coach Frank Haith and football recruiting coordinators Clint Hurtt and Aubrey Hill are expected to be charged with unethical conduct in the NCAA's investigation into wrongdoing done at the University of Miami, I sought...
It gets worse. The NCAA actually had the Shapiro attorney on its payroll. "This is obviously a shocking affair, said Emmert.
RT @BryanDFischer: Emmert on Miami case: If any information was obtained improperly, yes it will be thrown out.
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This post was edited by WPBCane 18 months ago
“NCAA improperly obtained some of the evidence they were planning on using against Miami. NCAA is putting Miami's investigation on hold, to investigate why the NCAA improperly obtained evidence”
NCAA should get hit with LOIC....
Thrown out or not, the findings are still on the minds of the committee. Furthermore, not every finding was obtained improperly nor does the NCAA have a punishment scale. All it takes is one finding to get waxed. You can believe you're getting off light if you want, but you won't be.
If anything, the NCAA will be a bit jaded by this development.
I hope this doesn't enable Golden to convince the BTW kids that they aren't going to get hit at all, and swing those two to Miami.
You can believe we're going to get hit hard, but we won't be. Continue to think otherwise if it helps you sleep better at night .....
They will use everything at their disposal to sway them.
This guy ^^^. I'm gonna start callin u Scrooge. No matter what the NCAA is screwed and they loss at their own game. But keep up the HATE buddy that's what makes this a rivalry.
Experience is a hard teacher. She gives the test first and the lesson afterwards.
Your trash pile of a program is the last thing on my mind when my head hits the pillow. There are going to be some PO'd Miami fans this summer.
This post was edited by fsukum 18 months ago
it is common to get depositon transcripts from tangential proceedings for use in a civil case. That is the better analogy. The NCAA has no right to the depo transcripts. Shapiro does and he would have gave them to the NCAA anyway because he is pissed at UM.
Even in a criminal context if a private actor gives the state information obatained through a means that would have been a 4th amendment violation, it is admissable because the private actor is not subject to 4th amendment limitations unless the state directed the manner in which the information was obtained.
FWIW, it is common to cross examine expert witnesses with deposition testimony from other cases in which they testified.
However, this does give the NCAA the excuse to go light on um if it chooses to do so.
The payroll issue looks bad but really is not a big deal. What was done differently by the NCAA in regard to um? if the answer is nothing, then it does not matter.
This post has been edited 2 times, most recently by TNOLE27 18 months ago
This post was edited by Fan of The U 18 months ago
How are they screwed? NCAA doesn't work in a court of law. There is a mountain of evidence outside of the bankruptcy information. Furthermore, I bet you a nickle this "evidence" is obtained in another manner; ethically. The NCAA having to obtain evidence unethically just proves how deep Miami's BS goes. The NCAA has gone on several tangents throughout the investigation because new things keep revealing its ugly head. It also may highlight some poor cooperation by Miami.
This post has been edited 2 times, most recently by fsukum 18 months ago
1) From an auditing perspective, I can't see how this wouldn't soften Miami's punishment. You don't go "all-in" once you screw up, you back up, shore up what you can legally defend with 100% certainty, and move slowly and methodically... with lessened sanctions, which are less likely to be legally challenged.
2) From recruiting perspective, does having "the possibility of sanctions" continue indefinitley, hurt worse than the sanctions which would be coming otherwise? Probably depends on each individual recruit and their situation. I'd suspect this has no effect on Miami recruiting whatsover... kids who have commited aren't going anywhere, they've already asked themselves these questions... kids who were avoiding them because of this cloud, will still avoid them.
3) Miami coaches will sell this as, "we aren't going to get sanctioned, the NCAA already admitted to screwing up.".... All other programs will sell this as, "Miami is going to get to get sanctioned, the NCAA found a crap load on them.... but some of it was improperly obtained... if one of the ten witnesses who seen you commit murder turned out to be blind liar, do you think you are going to get away with it?"
This post was edited by FsuFanForever 18 months ago
Guys i am sure your home board has a thread on this. Sunshine pumping is prob. at an all time high. We keep it real over here. The NCAA has not investigated y'all for this long to turn around and say all is good, never mind we were wrong.
If the NCAA goes light they are condoning getting Strippers, whores for recruits and paying for abortions by boosters.
Furthermore, you are not a storied (eg, Nd ) program.
hence, the NCAA will be less hesitant to hammer you.
This post was edited by TNOLE27 18 months ago
There's an issue with your premise, this isn't a court of law.
I think it is fair to say we won't see any more bowl bans though. Penn state got 4 years and this ain't close to that we might of got 1 more but with all this bs I think they leave it at the 2 we have up and give us a big hit in schollies
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