The NCAA announced today that its enforcement staff “acted contrary to internal protocols, legal counsel and the membership’s understanding about the limits of its investigative power” when hiring Maria Elena Perez, attorney for jailed Ponzi-schemer Nevin Shapiro, in order to obtain information while investigating the University of Miami’s athletics department.
While supporters of ‘The U’ hoped this ethics-related issue would cause the NCAA to throw out the Miami case, calling it ‘time served’ for the two self-imposed bowl bans, as well as an ACC Championship Game, the case will roll on, though president Mark Emmert ensures that any information obtained improperly will not be used.
This of course begs the question, what information came from where and even if something supposedly didn’t directly come via Perez, what can or can’t be proven?
The NCAA gained information for the Miami investigation through depositions conducted by Perez during Shapiro’s bankruptcy trial. Upwards of $25,000 in expenses were said to be paid to Perez, and according to a source, approval of the paid services were green lit by Julie Roe Lach, NCAA head of enforcement — er, former head of enforcement, actually.
Lach was relieved of her duties as the NCAA looks to safe face today, but by bullishly continuing with the case against Miami, this will prove to be a no-win situation for the out of control governing body.
Come down hard on Miami despite a tainted internal investigation – a program that cooperated implicitly from day one and has lost millions in revenue (not to mention potential recruits due to negative tactics by other programs) – and the NCAA can get ready to get hit with a slew of lawsuits.
UM president Donna Shalala may have held her tongue and chosen her words carefully from the get-go, but that was a calculated process by a seasoned veteran and former politician. When it’s time for the gloves to come off – and bet they will should the hammer fall – the NCAA better lawyer-up.
This case had ‘mistrial’ written all over it the moment Perez’s name was tied to the NCAA’s investigation, by way of five-figure payments.
As much as Emmert would like to save face and have this go away, he can’t. Should the NCAA go the ‘mistrial’ route, proof of the lose-lose situation they’re in would come in the form of other schools recently punished for their wrongdoings.
Should Miami get off lightly, due to what some would deem a ‘technicality’, that would signal a whole other form of disaster for the NCAA.
Which is why Emmert is in damage control-mode today, doing his best Frank Drebin, waving his arms while calmly saying, “nothing to see here”, as explosions and chaos take place behind him.
“There’s still a lot of information that’s available that has been in no way tainted by this incident,” Emmert said.
Maybe, Mr. President, but once your organization botched the investigation, how is anyone supposed to trust what information is tainted, versus what was obtained through the proper channels? Certainly not Miami.
It was reported today that the NCAA erased thirteen full interviews and portions of twelve others from the official record – but again, there will always be doubt regarding what bearing that information will have on the final judgment, as well as what was kept versus what was discarded.
The worst news for Miami today; the fact that this case will drag on.
Despite years worth of cooperation, self-imposed penalties, lost revenue, missed-out-on recruits, as well as memories stolen from current coaches and players who had nothing to do with any of this bullshit – the University of Miami continues paying for the NCAA’s incompetence and crooked ways.
Insane that bunch who dole out punishment and hand down the dreaded “lack of institutional control” black eye, are the most corrupt, backwards, inbred, broken ones involved.
Clean it up, President Emmert. Starting with your own house and by looking within.
Christian Bello has been covering Miami Hurricanes athletics since the mid-1990s. After spending almost a decade as a columnist for CanesTime, he launched allCanesBlog.com. – the official blog for allCanes.com : The #1 Canes Shop Since 1959. Bello has joined up with XOFan.com and will be a guest columnist at CaneInsider.com this fall. Follow him on Twitter @ChristianRBello.
Shouldn’t the payments to Shapiro’s lawyer be viewed as payments to Shapiro? The real question is did Shapiro benefit in any way from the NCAA’s payments. Ifso, then the NCAA paid a convicted Ponzi schemer for his testimony. If this is the case, then any evidence relating to Shapiro can’t be used. Any chance you could get a bankruptcy lawyer to chime in on the benefit to Shapiro?
“as well as memories stolen from current coaches and players”
Not just coaches and players. Band members, cheerleaders, students, professors: we all feel this loss. I was a four year member of the Band of the Hour. During my time we had 3 unbelievable experiences at bowl games: fun times with friends getting to cheer for our team. My senior year we self imposed. Last year we self imposed. This impacts the entire UM community, not just the team. Enough is enough.
Well said!! The NCAA had no choice, but to drop this today. They didn’t. We may be witnessing the beginning of the end for the NCAA as we know it! THANK GOD!!!
The biggest loser today is still Miami. From this point forward, every day that the investigation continues is a day lost from rebuilding. All of Golden’s efforts could be torn away if the NCAA hammer comes down, opening up the floodgates of the current enrollees to depart. Even if Miami is “in the right” and sues, that will also take years to sort out. UM would win a Pyrrhic victory by that point.
Jake in Yokosuka