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The following memo was released by the NCAA today:
NCAA launches external review of enforcement 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.
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Goons belong in hockey.
Well Alex Collins/Jaynard, ball is in your court, you can either wait another year for them to spill out or you can jump ship now before they do
All this means to me is Miami will take another yr and not go to a bowl game
Which will make their punishment less
Watch The U weasle its way out of this one...Who is Miami's attorney, Ryan Braun?
"You're not a good guy, you go somewhere else. We'll play you. We'll beat you."
Bankruptcies are a matter of public record and all documents may be viewed by anyone; unless certain documents have been sealed, which is unusual.
I don't think it's the viewing that could be a problem; a member of the enforcement staff must have used information found in the public record to do something unethical.
They've been signing full classes and going 6-6 and 7-5. They can get guys like Tracy Howard and Alex Collins...they still load up on lots of mediocre guys.
I don't want Canes to have an excuse of sanctions hindering the program when we tax them in their own house September 2013.
If I understand correctly, it's that the attorney was used by the NCAA to bring information into the public record through cross-examination that pertained to the NCAA infractions the NCAA was investigating that were not at all pertinent to the bankruptcy case.
In other words, the NCAA abused a legal proceeding to obtain information that would nail Miami to the wall.
Staff reporter. Twitter: www.twitter.com/Goldkamp247 | Facebook: www.facebook.com/swamp247
Winningest Program in College Football since 1990!
Unethical maybe, but illegal? The NCAA doesn't have any standard but their own. Who do they have to answer to? Miami can't even sue them can they?
Well, they'll have to slap their own hand, and fire the involved parties; they don't really answer to anyone, so I doubt it has any effect on Miami's sanctions. In other words, they'll have to weather a little embarrassment, but it shouldn't affect the case at all, other than to delay the findings.
The evidence in this case is overwhelming as it is; even if all they had was what's been published online over the last 2 years, it'd be more than enough to nail them to the wall.
And we know that's not all they have; that freak Shapiro kept meticulous records, much to Miami's consternation, and he's opened them up and even has his own attorney helping organize and deliver them. They're done.
They'll use it as an excuse regardless of whether or not it makes any sense... I've never known that to be a Cane strong suit.
But Golden isn't taking a full class this year (they only have 12 right now); and he said it was in anticipation of severe recruiting restrictions; so he must have an inkling of what's coming.
Yeah they tried to nail us against the wall and now they will pay. Oh thanks Gators for Kaji.
I'm so sad we don't have him because our struggling basketball team really needs him.
The attorney suspects something fishy here and put the NCAA on blast today. Hopefully this source is right and the investigation hasn't been jeopardized:
"A source told ESPN's "Outside the Lines" that the latest development is a "huge mess" but also claimed that it likely will not jeopardize the NCAA's overall investigation of Miami."
The attorney for former Miami booster Nevin Shapiro says she's the NCAA's patsy and questioned the sports governing body's motives in its investigation of the Hurricanes, she told the South Florida Sun Sentinel.
I really question the fact that they went public with this. Why not simply throw out the information you feel was gotten unethically? It's your own investigation. What organization in their right mind would come out saying that they screwed up?
I would understand if the information was false, and violations hadn't occurred, but investigators don't need to apologize for finding the truth.
"We the NCAA are very sorry for finding out you violated the rules, you should have gotten away with your violations, we're so sorry."
I think it's because the information has been made public so if it isn't used in the punishment, their reason is out there. And, if the NCAA and its member schools believe in anything, it's self-reporting.
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