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NCAA finds ‘missteps, insufficient oversight’ from enforcement staff

Mark Emmert AP

The results of the NCAA’s external investigation into misconduct related to the Miami case are in. As expected, they’re none too pretty.

In a release, and according to the report from the law firm Cadwalader, Wickersham & Taft, NCAA announced “select… enforcement staff acted contrary to internal protocols, legal counsel and the membership’s understanding about the limits of its investigative powers in the University of Miami case…”

Specifically, the review, which can be read in its entirety HERE, summarizes that former NCAA Director of Enforcement Ameen Najjar was told by Nevin Shapiro‘s attorney, Maria Elena Perez, that she could depose witnesses, who had ties to the Miami investigation, in a bankruptcy case in exchange for compensation. Najjar took that proposal to Vice President of Enforcement, Julie Roe Lach, and Managing Director of Enforcement, Tom Hosty, where it was given the green light.

However, the NCAA’s legal staff did not recommend the proposal, but Najjar went through with a “way around” plan despite the legal staff’s advice. Lach and Hosty did not follow-up with the legal staff to ensure the “way around” — which was based on the idiocy “rationale” that Perez would not be “hired” or “retained” but somehow paid — was acceptable. It wasn’t until after Najjar left the NCAA when Perez sent invoices for a budget of $57,000 (she was ultimately paid $18,000) that the enforcement staff apparently became aware* the legal staff had not approved the proposal.


Lach was recently fired by the NCAA, according to a report from Yahoo! Jonathan Duncan will serve as interim VP of Enforcement.

Interestingly enough, Miami counsel knew of the Perez proposal before it went to NCAA supervisors for approval and expressed their concerns to Najjar in fall, 2011. When asked during the 2 p.m. teleconference on Monday why Miami did not make issue out of this clear disregard of protocol, NCAA president Mark Emmert said UM “did not want to appear uncooperative or to look like they were standing in the way of truth”

Going forward, the NCAA has stated it will proceed with the Miami investigation — obviously without the information obtained by Perez. As for any sort of additional, individual accountability, the NCAA states it “will engage the membership to probe broader, philosophical questions about the nature of the regulatory side, including the desired outcome of regulation and to what level the membership wants to be held accountable. The review will include enforcement, eligibility, reinstatement and the waiver processes.”

Emmert said on his teleconference he has no reason to believe similar missteps have occurred in previous investigations.

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17 Responses to “NCAA finds ‘missteps, insufficient oversight’ from enforcement staff”
  1. raiderufan says: Feb 18, 2013 3:05 PM

    “Emmert said on his teleconference he has no reason to believe similar missteps have occurred in previous investigations.”

    No one in the entire world that has had even a momentary look into the day to day happenings of the NCAA believes this for one single second.

  2. YouMadCauseImStylingOnYou says: Feb 18, 2013 3:05 PM

    The NCAA knowingly uses rouge investigators that paid Sharpiro and his lawyers and we’re supposed to take ANY of this investigation seriously?

    Miami must be putting together a mountain of evidence to sue the pants off this dog and pony show origination if the even dare to give one more ounce of punishment.

    This whole investigation has been a joke from the get go, from Charles Robinson libeling 70 athletes and the NCAA taking the word of a convicted ponzi schemer as trustworthy.

    NCAA needs to go.

  3. thekatman says: Feb 18, 2013 3:11 PM

    All you have to do is read the USC documentation and you’ll see the NCAA is as corrupt as a lifelong Democrat politician. The Todd McNair case will prove his and USC’s innocence in this totally made up set of accusations by the Paul Dee led NCAA COI, along with the corrupt Julie Roe Lasch.

  4. cometkazie says: Feb 18, 2013 4:19 PM

    There is gonna be a lot of popcorn eaten before the football season starts in six months or so.

  5. mogogo1 says: Feb 18, 2013 4:20 PM

    The unanswered question is why the NCAA would have needed these depositions in the first place. Shapiro was dying to nail Miami, he’d supposedly paid all this money out over the years, yet he had no way of verifying that and the NCAA ends up needing people deposed in a bankruptcy proceeding? That makes no sense. You combine that with the exorbitant sum they paid for the depositions and it sounds very probable that the money ended up in Shapiro’s pocket.

  6. acieu says: Feb 18, 2013 4:23 PM

    Insert as corrupt as Lifelong Republican politicians and you may have it right dipstick. Cut the political bullshit

  7. ironman721 says: Feb 18, 2013 5:08 PM

    “Emmert said on his teleconference he has no reason to believe similar missteps have occurred in previous investigations.”

    Emmert is also the only person who believes this line of BS. There are a few lawyers that are about to make a lot of money.

  8. latchbeam says: Feb 18, 2013 5:11 PM

    Death Penalty!!!!

  9. ironman721 says: Feb 18, 2013 5:14 PM

    I wonder if ESPN started filming the 30 for 30 on this yet. It won’t be better than the Bo Knows episode but still should be pretty entertaining. Hahaha!

  10. canetic says: Feb 18, 2013 5:49 PM

    This is why the NCAA cannot conduct their own investigations. Miami noticed this was a problem in 2011 and raised their concerns, but the NCAA just told them to live with it or else they would be deemed “uncooperative.” There is no organization in the free world that has that kind of power. That’s how third world dictatorships are run.

  11. thraiderskin says: Feb 18, 2013 6:01 PM

    I find it hilarious how people on here get so butt hurt when their school is under the microscope. But as some of the USC appologists have said, this isn’t the first time that the NCAA has gone out of its normal practices and juristictions to punish programs. If you people applauded the NCAA before, you should probably not flinch at them now.

  12. atxcane says: Feb 18, 2013 6:21 PM

    HAHAHA, this is insane. From the details:

    “To facilitate communications between the NCAA and Mr. Shapiro, Mr. Johanningmeier purchased a disposable mobile phone and paid for Mr. Shapiro’s use of the prison telephone system. Mr. Johanningmeier, in turn, expensed those costs to the NCAA. (Comley; Lach; Johanningmeier; Najjar; Shapiro). We learned that the NCAA had expended approximately $8,200 to fund communications with Mr. Shapiro, including transfers of approximately $4,500 to his prison commissary account from which he pays for communications expenses.”

    So the NCAA funded Shapiro *directly* for more than the Miami players were found to have accepted in gifts (was ~$4k IIRC).

  13. jcioffi1485 says: Feb 18, 2013 6:58 PM

    The NCAA is I bull shxx oversight organization co conspiring with all colleges to sustain a free labor /slave system in place . What an amazing business model! Free labor/sweat equity on demand. A meat factory where both the colleges and coaches make millions and the kids are sold a pipe dream and given the promise of a education/scholarship in exchange for their athletic prowess. welcome to the WWE where the championship is not real. There’s no real wins and losses and no real champion. It’s sports entertainment. Where’s Vince McMahon when we need him most?

  14. huskerzfan says: Feb 18, 2013 8:29 PM

    As always, it simply comes down to whether Miami cheated.

    Does anybody honestly believe that Nevin Shapiro did not provide illegal monies to players at Miami?

    Yes, the NCAA will throw out evidence that was obtained in an inadmissible nature.

    Just like hundreds of thousands of cases in a legal court room on a year round basis.

    Does that make the entire investigation moot?

    Absolutely not.

    While it does hurt the case, it certainly doesn’t cover up anything that was gained by normal measures.

    The ‘let them go free’ crowd need to take a step back.

    Donna is trying to get off with a technicality. Whether she has that much power will be the real deal in all these future conversations and ultimate sanctions.

    We will likely see just how much power she may have.

  15. charger383 says: Feb 18, 2013 11:06 PM

    NCAA needs to lose several positions as a penelty

  16. omniusprime says: Feb 19, 2013 9:02 AM

    The NCAA is corrupt and doesn’t do it’s investigations in an honest manner. Where are the investigations of the cheating SEC, especially
    Alabummer and Auburnt? The NCAA always turns a blind eye to investigating the SEC.

  17. drez146 says: Feb 19, 2013 9:35 AM

    I know it’s absurd but, why can’t all the conference presidents just say we don’t need the NCAA anymore and move in without them. This organization has zero credibility left, all they do is make money off 18 and 19 yr olds, just a joke

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