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NCAA Suspends Miami Investigation

Posted: Wed Jan 23, 2013 2:15 pm
by ponyinNC
http://www.ncaa.org/wps/wcm/connect/pub ... nt+program
Quote:
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.

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.
So basically, the NCAA used info they got from Nevin Shapiro's attorneys that was obtained under subpeona. Since the NCAA has no subpeona power of its own, they are reviewing the case to see if it still fits within their guidelines.

The Miami investigation is halted while this external review is conducted. For Miami, this means that the NOA takes a bit longer to arrive and the case gets pushed into 2014 at worst, or a significant chunk of evidence is ruled inadmissable at best.

And for those who think this may have an application to the PSU case because of the Freeh Report, I would think not, because the Freeh Report was not generated using subpoena power, like a typical NCAA investigation would.

Re: NCAA Suspends Miami Investigation

Posted: Wed Jan 23, 2013 2:17 pm
by Junior
Miami is going to avoid any and all penalties in this one.

Re: NCAA Suspends Miami Investigation

Posted: Wed Jan 23, 2013 2:24 pm
by ponyboy
I'm confused. You mean there are limits to the NCAA's authority?

Re: NCAA Suspends Miami Investigation

Posted: Wed Jan 23, 2013 2:54 pm
by ponyinNC
I wonder if they can use some type of "inevitable discovery" type of argument here, or if they will have to make the case without that particular info.

Re: NCAA Suspends Miami Investigation

Posted: Wed Jan 23, 2013 4:26 pm
by Stallion
If it was filed with Bankruptcy court, or used as evidence at hearings or trial it would become public record, although its very possible confidential information (in say Tax Returns) was produced subject to a Agreed Protective Order limiting access to the litigants. Priviliged matter could be filed even with Court as a Sealed Record pursuant to the Agreed Protective Order.

Re: NCAA Suspends Miami Investigation

Posted: Wed Jan 23, 2013 4:55 pm
by NavyCrimson
We could have used this scenario in '87. "The Pony Trap" is an excellent read for this one.

Are we really surprised about the NCAA?