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The NCAA’s laughable case against Miami reportedly takes another bad turn

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We’ll ask it again: At this point, would you expect anything else?

The NCAA’s investigation of the Miami program has already been tarnished thanks to some serious screw-ups by its enforcement staff. Now, there’s another report of more  unethical practices on the NCAA’s part. According to the Miami Herald,  NCAA director of enforcement, Stephanie Hannah, continued to work with Maria Elena Perez, the attorney of former UM booster Nevin Shapiro,  to obtain information relevant to the Association’s case against the Hurricanes.

Hannah succeeded former NCAA director of enforcement Ameen Najjar last May. Najjar, as you’ll recall, was the focal point of the NCAA’s external investigation into the missteps taken in the Miami case. Najjar allowed Perez to depose witnesses in a bankruptcy case for relevant information in exchange for payment. That, of course, was a huge no-no in the eyes of the NCAA’s legal team — the information was eventually thrown out of Miami’s Notice of Allegations — though Najjar proceeded with the plan anyway without proper approval.

The Associated Press reported earlier this month that Najjar also wrote a letter to Shapiro’s judge indicating the NCAA may hire Shapiro as a consultant one day.

When Najjar left the NCAA last year, Hannah continued the policy of working with Perez. In an email exchange last July, Hannah wrote, “Regarding the enforcement staff’s interest in questioning [name redacted], attached is a document that outlines questions/topics to discuss with him.”

Per the Herald, that redacted name was Shapiro’s bodyguard, Mario Sanchez; his deposition never came to fruition, however. The NCAA has since ended its working relationship with Perez.

Ken Wainstein of the Cadwalader law firm — the same law firm that conducted the NCAA’s external review — told the Herald in an email that Hannah was unaware that her practices were considered unethical.

“Ms. Hannah assumed there was nothing amiss about the arrangement [with Perez] and that it had been completely blessed prior to her involvement in the case. In light of those circumstances, it is understandable that she raised no alarms about the Perez arrangement,” Wainstein wrote.

Former NCAA vice president of enforcement, Jule Roe Lach, was also under the impression that Najjar’s plan was given the green light, according to the external report. Lach was fired by the NCAA earlier this year.

Interestingly enough though, Hannah’s actions were not included in the Cadwalader’s report.

“[The report] was not intended… to describe all aspects of Mr. Shapiro’s relationship with the enforcement staff,” Wainstein wrote to the Herald.

The NCAA did not respond to the paper’s request for comment.

But that’s not all. The Herald also reports that Miami is prepared to allege that NCAA investigators lied to interview subjects by “claiming that other people interviewed made comments they never made, in order to trick the subjects into revealing incriminating information they otherwise might not…”

Miami, which is not required to release its NOA but has vehemently disagreed with it publicly, is expected to include both of the aforementioned arguments in a motion to dismiss the case on Friday. Though the NCAA’s Committee on Infractions cannot dismiss a case before a hearing — in this instance, the hearing is expected to occur sometime in June — Miami is reportedly set to dispute that as well.

Whether or not UM will get the case tossed, be it now or later, remains to be seen. The fact that the NCAA has turned this investigation into an unmitigated disaster is much more obvious.

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25 Responses to “The NCAA’s laughable case against Miami reportedly takes another bad turn”
  1. thraiderskin says: Mar 27, 2013 8:18 PM

    Ha! I guess you have to let them go…

  2. thegamecocker says: Mar 27, 2013 8:27 PM

    Nah! The Wicked Witch of the ACC (not John Swofford) but good guess, the one and only Donna Shalaylalala…..is going down along with the rest of “The U”…..inner city thug team.

  3. necr0philia says: Mar 27, 2013 9:03 PM

    I love it when people get on here and troll!! (Gamecokerrrr) You still have so much hate in you for no reason. Your like the white man when settling America the 1st time. See an Indian and kill it because the skin was different. Black man make him your slave. Middle east call him a terrorist. LMAO at you trolls!!

  4. thegonz13 says: Mar 27, 2013 9:11 PM

    OK, at this point, the NCAA has proven beyond a shadow of a doubt that it is a useless entity with zero credibility. They made deals left and right to try and a school. I mean, come on!

    Is Miami squeaky clean? Probably not -key word “probably”- but the NCAA has its hands too dirty to cast any stones.

  5. thegamecocker says: Mar 27, 2013 9:24 PM

    @necrophilia

    President Shalaylala and your hero Paul Dee knew Mr Shapiro and the gifts he was providing your athletes….notice how I didn’t use the word “scholar” before athlete. The NCAA has your illustrious school in its sites and will pull the trigger shortly. And not many will shed a tear for your renegade program. Tick, tick, tick…….BOOOOOMMMMM!!

  6. necr0philia says: Mar 27, 2013 9:37 PM

    thegamecocker I really love you man I really really do. Your enthusiasm is sky high like your EGO! I bet your tons of fun to be around and we should hang out sometime. Please come to south Florida and have a beer on me while we watch the Canes game this season. Hell I’ll get Donna to buy us a few rounds!

  7. drpompanoduke says: Mar 27, 2013 10:18 PM

    The NCAA has been caught with their pants …..and now we all know they r soft with a small penis. In 5 more years they r gone.

  8. noring4youstill says: Mar 27, 2013 10:48 PM

    Ah to hell with the NCAA. I’m bout to smoke and watch its All About The U

  9. bigdinla says: Mar 27, 2013 11:57 PM

    This is just like the OJ trial. Everyone knows they did it, but a procedural misstep will let them off. This is why America is sinking. There is no common sense left.

  10. psl1196 says: Mar 28, 2013 12:41 AM

    Why would it be improper to lie to a witness to trick him into telling the truth? If your former players and/or coaches and/or bag men are so stupid they fell for “so and so told us you did more than you’re admitting” that’s just tough…classic move of the guilty: when the law is against you, hammer the facts; when the facts are against you hammer the law; when both are against you hammer the investigator.

  11. manchestermiracle says: Mar 28, 2013 2:58 AM

    psl1196: Duplicity is often used to coerce someone into revealing information they might otherwise have concealed.

    In the United States, there is no law or regulation that forbids the interrogator from lying about the strength of their case, from making misleading statements or from implying that the interviewee has already been implicated in the crime by someone else.

    But that applies mainly to law enforcement. If the interviewer is an attorney s/he can be disciplined by their state bar for ethics violations.

  12. thegamecocker says: Mar 28, 2013 8:25 AM

    @necrophilia

    OK….now I know you’re not going to believe this….BUT, I’m rooting for Miami in the NCAA Tournament! I really, really am. And, you’ll really like this, I have absolutely NO MONEY on the game or the tournament. I wager my money on business ventures, not athletics. Honest truth. I admire Coach Laranaga a great deal. He is a high character person who I believe truly cares about his players. They play with incredible enthusiasm and they don’t seem to get rattled. I hope they win it all and this run enables Coach Laranaga to get the best student-athletes he can into that program….unless that player wants to go to South Carolina, that is….I have to be loyal to my alma mater…..really, Coral Gables is so beautiful, I don’t know how the regular students study down there.

  13. ningenito78 says: Mar 28, 2013 8:33 AM

    @necrophilia- that was a great analogy with comparing genocide to gamecocker saying Miami is a renegade program. If you don’t think the football program committed some mortal sins you need your head examined. Of course being from south Florida that’s no surprise.

  14. reasonableeaglefan says: Mar 28, 2013 10:22 AM

    After seeing this NCAA investigation, I’ll bet PSU really regrets hiring Freeh for their investigation.

  15. sjfotos says: Mar 28, 2013 11:58 AM

    The arrogance and thuggery of the NCAA is astounding. They will fall and I sincerely hope to get the Chief Thug on a stand in a court of law.

  16. smokingto says: Mar 28, 2013 2:12 PM

    Time to clean the NCAA House and I mean everyone!!!!!

  17. mogogo1 says: Mar 28, 2013 2:52 PM

    As badly as this has gone, I wonder how they’ll be able to level serious allegations against a program ever again. For darn sure, no major program is ever going to self-impose themselves big-time before doing some research to see if they can catch the NCAA with its pants down.

  18. oldforester says: Mar 28, 2013 4:08 PM

    The NCAA has lost its legitimacy. It is unable to control college sports and is a mockery. The pendulum has swung so far that even ESPN and the money brokers need to take notice. If they don’t there is a reason. The incompetence is allowed because there must be more to the story. The power and control that others have over the money of college sports requires that they allow the NCAA to remain in charge because they have free reign. Enough already!!!

  19. necr0philia says: Mar 28, 2013 6:49 PM

    ningenito78 what makes you think I’m from South Florida? Because I’m a canes fan? Hate to burst your bubble Mis Cleo but I was born and raised in Ga. Lived in Atlanta most of my life. I just moved to south fl 1-1/2 years ago. But that still explains it right!!?? Question for the Assumer. How in the HELL did you get in Gamecoker and my conversation?

  20. WingT says: Mar 28, 2013 8:49 PM

    The NCAA should simply accept the self – imposed sanctions that Miami has identified, close this case, clean house internal starting with Emmert and brace themselves for the forth coming law suits.

  21. chachooga says: Mar 29, 2013 1:50 AM

    Benny K you’ve evolved….

    I still don’t like this “the NCAA botched it” line. Why? Because it was doomed to begin with. The shoddy yahoo “journalism” and the hype by all major media outlets calling for death penalty of UM football based on said shoddy journalism, put huge pressure on the NCAA to find something.

    Lest they come up empty handed because Nevin Shapiro is lying, can’t prove his lies, and is a felon in jail for in fact lying so convincingly people gave him 900 million dollars…the NCAA had to behave unethically to try and get their case.

    Even if all the evidence was allowed, it is still no case.

    Time to move on….think they will let it go when no one is paying attention?!?!? During the NFL draft maybe?

  22. thegamecocker says: Mar 29, 2013 8:56 AM

    @ningenito78

    I thought you were from NJ…..didn’t realize your Georgia connection….who the hell is the “Assumer”? I’m disappointed that Miami BBall lost last night but playing without their big guy, Johnson, had a larger negative impact than I thought it would. Marquette is a physically strong team. They controlled tempo and lead virtually all the way. Unfortunately, I now see Duke as the NC. Hope I’m wrong though….no money on the tourney.

  23. MasMacho says: Mar 29, 2013 2:31 PM

    Nice try. NCAA has also asked the U for details of an investigation conducted by the U regarding Shapiro’s access to the program.

    If the U conducted an investigation and found no improper conduct, well, they’ll be penalized for being idiots.

    if the U conducted an investigation and elected to look the other way, they the are in even bigger trouble.

    In either case, the NCAA has laid out its case in this manner, and how Miami responds will determine its fate. Whether or not they were engaged in unethical investigation tactics do not matter in light of this question.

    The way this question is framed, the lack of institutional control charge will stick, and it is only a case of how severely the U will be treated.

    The smokescreen on tactics being put up by the U is only an attempt to deflect attention to this part of the investigation. And wisely so, because they have no good answer to this question.

    Sorry, Miami fans. You’re going down. There is no way to stop it.

  24. MasMacho says: Mar 29, 2013 2:36 PM

    By the way, it’s probably time to slap a “Lack of Institutional Control” charge on the NCAA too.

  25. thegamecocker says: Mar 29, 2013 6:28 PM

    @masmacho

    You are correct….they are going down! Shalayla should be fired. See has already met his fate after punishing USC as badly as he did.

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