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Tuesday report: UM braced for more aggravation and a battle; Heat All-Star break report

On the morning after another dark day for the NCAA, and an upsetting one for UM, the UM administration is braced to receive more aggravation in the next day, two or three, when the notice of allegations is sent along to UM officials.

UM is fully aware there will be plenty in the NOA that will be upsetting. That’s because the NCAA is using evidence former UM recruits who went to school elsewhere and players who transferred from UM (several of both groups were granted immunity in exchange for throwing UM under the bus), several ex-Canes who talked (several voluntarily and several others because they were compelled by NCAA rules), and lots of documents and other information provided by convicted Ponzi schemer Nevin Shapiro, among other things. At least one former assistant coach has admitted wrongdoing.

The words "lack of institutional control" have been discussed in the UM/NCAA talks, but we do not have confirmation that they will actually appear in the notice of allegations. That remains to be seen, but UM is braced for that very real possibility.

UM will fight this hard. “It’s going the distance, and we’re going to defend ourselves aggressively,” one UM official said.

We’ve posted two things below: My story from today’s paper which supplemented the main story on the topic, and a look at where every key Heat player stands at the All-Star break.

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For 18 months, the University of Miami’s philosophy has been to cooperate with the NCAA in its investigation. But that approach essentially ended Monday, when the NCAA both declined UM’s overtures to settle the matter – even amid the NCAA’s admission that it handled part of the case improperly.

UM president Donna Shalala called the NCAA’s conduct “unprofessional and unethical” and said the “process must come to a swift resolution.” Another UM official, not authorized to comment publicly, called the NCAA’s handling of the case “shameful” and said the school now would defend itself “aggressively.”

Last week, UM proposed a settlement, but the NCAA balked and school officials were left with the impression that NCAA president Mark Emmert believed he did not have the support of two key boards – made up of university presidents - to settle with UM and circumvent the usual process for recruiting cases.

A UM official said the school does not believe another postseason ban in football is warranted. And UM said it will not self-impose an NCAA Tournament basketball ban.

It remains to be seen if UM would appeal modest scholarship reductions in football, but Shalala said Monday that UM deserves no additional penalties.

UM is expected to receive its notice of allegations in the coming days, after which it would have 90 days to respond before the infractions committee. The NCAA’s next infractions committee hearing is scheduled for April. After that session, UM likely would not receive its penalties for at least two months.

But the NCAA didn’t announce North Carolina’s penalties until four months after its hearing. Central Florida appealed its football bowl ban last September and is still awaiting a response 15 ½ months after receiving its allegations.

“I bet leaders at Miami feel like some dumb asses for not fighting and taking a stand against the NCAA,” former UM football star Alonzo Highsmith, now a Green Bay Packers executive, tweeted Monday. “We got rolled over and got played by everyone.”

Kenneth Wainstein, whose law firm conducted the investigation into the NCAA’s improper conduct in the UM investigation, said 20 percent of the evidence against UM has been tossed, including the Sean Allen and Michael Huyghue depositions, 13 interviews and parts of 12 others that used information from those depositions, and two other interviews with Allen.

The investigation determined that NCAA enforcement staff members knowingly circumvented legal advice to hire Nevin Shapiro’s criminal defense attorney. Among details in the 52-page report:

### The NCAA paid Shapiro’s attorney at least $19,500 (mostly for legal services, some for out of pocket expenses) and transferred $4500 to Shapiro’s prison account for phone calls. NCAA officials visited Shapiro three times in prison, and he gave them four boxes of documents, including bank and credit card records and yacht records.

### Naima Stevenson, the NCAA’s associate general counsel, learned last September that investigator Ameen Najjar – a former police officer who was fired by the NCAA last May for undisclosed reasons – disregarded the legal department’s advice and struck a deal with Perez late in 2011 for her role in assisting the case. Emmert was then informed last September.

Najjar said he told Perez the enforcement staff would not pay her for billable hours, but they could reimburse her for costs and expenses. But Perez said Najjar told her the NCAA would pay her for “costs and fees.”

### When Stevenson learned last September that Perez was paid for the depositions, the NCAA began removing evidence tied to those depositions but did not inform UM it was doing that until Jan. 11.

### UM attorneys knew Najjar was using Perez to gets depos but didn’t know the NCAA was paying her until the NCAA told UM on Jan. 11.

### Najjar told his supervisors that using the bankruptcy proceedings to subpoena Allen and Huyghue was necessary because “I do not believe we will be able to secure interviews” with them otherwise. And other people interviewed “gave seemingly false or incomplete information in their unsworn interviews.”

### Perez also wanted to subpoena UM basketball booster Dave Leshner and Shapiro’s bodyguard, Mario Sanchez, but neither materialized.

### Perez told Najjar that Shapiro wanted to help partly because “conducting these depositions would help Shapiro get revenge on UM and its student athletes and coaches who had turned their back on him.”

### Najjar showed up to the Allen deposition in December 2011, but Allen’s attorney asked him to leave the room. Najjar provided 34 “areas” the NCAA wanted Perez to discuss. Shapiro also wrote some questions.

### Perez spoke to the NCAA in 2011 and 2012 about using Luther Campbell’s defamation suit against Shapiro in Florida state court as a vehicle for securing witness testimony and documents, but she never gave the NCAA records because of a dispute over payment.

 

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HEAT REPORT

Miami opens its post-All-Star break schedule Wednesday at Atlanta. Sizing up where each of the key players stand heading out of the break:

### LeBron James: Start with this: No player in history has ever produced the collecting numbers that James is averaging this season: 27.3 points, 8.2 rebounds, 6.9 assists and shooting 56.5 percent from the field. And there’s this: James had made 69 percent of his shots over the past seven games – including 51 for 61 in the paint and 14 for 26 on threes.

“He’s the most versatile player of all time,” Magic Johnson said. “Kudos to him for improving his game.”

### Dwyane Wade: Spoelstra contends he’s playing more efficiently than ever before.  His scoring average (21) is nearly four points below his career average, but he’s shooting a career-high 50.5 percent, best among two guards. And he seemingly has regained his lift after offseason knee surgery.

“They can’t win without Wade,” Lakers forward Antawn Jamison said. “He’s still one of the best players in the league.”

### Chris Bosh: The offensive numbers are impressive: His 55.5 shooting percentage is well above his first two seasons with the Heat (49.6 and 48.7). And in the final five minutes of close games (margin of five or less), Bosh has made 18 of 21 shots – easily the best in the league.

His 7.4 rebounding average would be a career low, but he enters Wednesday with three consecutive double figure rebounding games --- the first time he has achieved that all season.

### Mario Chalmers: His shooting percentage has dipped from 44.8 to 41.3, and he can exasperate with his uneven play. But this is encouraging: Given more responsibilities to set up the offense, Chalmers has 29 assists and just six turnovers in his past nine games, and his overall turnover average has dipped from last season (2.2 to 1.4). And he has the Heat’s second-best plus/minus ratio (behind James), with Miami outscoring teams by 364 with Chalmers on the court.

### Udonis Haslem: Despite starting 31 games, he’s averaging just 19 minutes – about 10 below his career average. His rebounding (13.6 per 48 minutes) is down only slightly from recent years, and the Heat’s best plus/minus lineup features Haslem with The Big Three and Chalmers.

On the down side, he’s shooting just 32 percent on all attempts beyond two shoot. His once reliable mid-range jumper remains elusive.

### Shane Battier: For most of the season the Heat has allowed fewer points per possession with Battier on the floor than any regular, along with part-timer Joel Anthony). But what has been particularly helpful has been his three-point shooting: 39.9 percent, compared with 33.1 the past two seasons.

He has been especially deadly on corner threes (46 percent), and Spoelstra said the Heat’s ball movement is at its best when Battier is getting those shots.

### Ray Allen: The ride has been bumpy at times, including a recent 4 for 28 slump. His three-point percentage stands at 41.1, down from 45.3 in Boston. But he’s shooting 53 percent in clutch situations.

### Chris Andersen: He’s still working on his conditioning and has collected at least four foul in four of his 10 games, despite limited minutes. The Heat is minus-eight with Andersen on the floor, but his energy has made a difference at times, and his rebounds per 48 minutes (15.5) is a bit ahead of his 14.1 career average.

### Norris Cole: The turnovers are down from his rookie season (from 1.6 to 1.1 per game) and he is an improved shooter from 16 to 23 feet (44 percent). Though he is finishing at the rim better than a year ago, he’s shooting just 26 percent (12 for 45) on shots from 3 to 16 feet. But he’s undoubtedly a better player than the one who struggled the second half of last season.

### Rashard Lewis: After falling out of the rotation for more than a month, Lewis has begun receiving regular, albeit uneven, minutes as Miami’s 10th man. He is shooting 41.8 percent on three-pointers, but Miami has been outscored by 67 with Lewis in the game.

### Joel Anthony: His minutes have been dramatically curtailed since Andersen’s addition, but he still figures to play in spots, usually when Andersen is in foul trouble. His defense remains an asset, but his 9.2 rebounds per 48 minutes is fourth-worst among NBA centers.

### Mike Miller: He hasn’t been used in seven of the last eight games – he missed one of those with the flu – because Spoelstra more often has opted for Lewis’ size over Miller’s diverse skill set. But he could still be a factor in the playoffs, depending on matchups.

Comments

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Cutlerridge Laz

Kyle Wright strikes again!!!!!!!!

TJ

Should be an epic battle in the courts.

Gary

UM '83 grad! Hopefully a reasonable punishment can be agreed to. In a reasonable time frame! If not sue the crap out of the NCAA. They are totally w/o morals and dictatorial. Behind closed doors I think UM's attorneys should impress upon the NCAA that we are ready to go to the wall. The big loser in this evetually will be the NCAA.

Jo jo

The NCAA battle with Miami just heated up.This may take another year.....at least to clear up....or longer now.

Marios

This won't go to courts, it's not a legal matter. If it would the NCAA would not have dared do what they did.
If it did go to court it would drag on for at least another year. I believe this is gonna mushroom into a HUGE problem for NCAA President Emmert. The fallout has just begun and there is little doubt more explosive info against the NCAA will start coming out. UM attorneys leashes will be set loose and they will inform media of all they know, that is probably the main revenge UM will take vs NCAA if it get's ugly. Emmert is risking his butt by going forward but his hands are tied by the university board of presidents which seems to say he has lost their support.
If I was Emmart, I would be more worried than Shalala because he has no way out, it's not his call.
Funny thing is both the president of NCAA and Shalala will be given a pass and their employees and students will bear the consequences of their incompetence, sounds like Washington DC no?

Gary

PS- Kyle Wright! He was the poster child against believing what any of these over rated recruiting services state!

Reality Bites

Where are all the championships and bowl wins that came as a result of Shapiro's money?
Anyone wanna pay Jacory Harris?

FZB

Say Barry Jackson,

I few weeks back you said that UM had a good idea of what was coming, you wrote- more than a slap in the wrist but not as bad as it could have been.

what you just posted looks a bit more serious, care to explain?

Barry Jackson

Yes, FBZ: Not as bad as it could have been in that it's not death-penalty worthy (which Shapiro has been campaigning for); DeQuan Jones' charge wasn't proven; allegations of paying John Wall apparently weren't proved; a bunch of former players ignored the letter for them to speak.
But it's more than a slap on the wrist because there are serious charges coming, which aren't a surprise: coaches acting in concert with Shapiro; many players getting gifts from Shapiro, etc.
It's serious, but UM will survive this. And UM will fight if the NCAA socks them with one more bowl ban.

FZB

Barry,

Thanks for your response..HOPEFULLY, maybe 10 more schoolies over two to three years and two to three years probation plus time served.

it will be incredible arrogant for the NCAA to charge Miami with lack of institutional control when their own house is not in order.

FZB

on your point of the coaches acting in concert with Shapiro, Clint Hurt and the guy that went to the Gators (I forgot his name) I would assumed.

The NCAA needs to punished those coaches where ever they are, not fair to the school or the current players..

ariel

Dear Mr Barry Jackson,

Do you have any info regarding that situation at the allstar weekend w Lil wayne and the Miami Heat????? Really would like to know why theres so much anymosity

Lt. Lois Einhorn

Lil Wayne lives in Miami, has a condo in the same building as Wade.

Jumped on the bandwagon and started showing up courtside when LeBron came here.

Went to a Hornets game in Hornets gear (he's from NO) and was shocked and insulted when none of the Heat players went over to say hi to him. He bashed them on Twitter and hadn't been to a Heat game since then.

Fast forward to the Lakers game in Miami and he showed up courtside in Lakers gear because "that's his team". He started arguing with a fan, made a gesture like he had a gun, security came over to ask about it, and he got all butt hurt and insulted and left claiming he was "kicked out".

And there is the saga of Mr. Wayne - sh*tty bandwagon sports fan and huge baby.

Also he did bang Chris Bosh's wife before they were dating but that's neither here nor there.

green

sellout #BOOM
‏-- @UMTickets

DY-NO-MITE

green

1 Indiana has lost 17 straight AT 4 Michigan St.
– ESPNStatsInfo

Important day in Hurricane sports history

After MSU takes care of Indiana and we defeat Virginia our men’s basketball team wil be at the top of the college basketball world. Amazing, amazing, amazing.
– Canetileyedye

FOR ARGUMENT’S SAKE

green

https://twitter.com/emilycboone/status/303875271596077056/photo/1

Tour of the Schwartz Center. New FB locker room
– emily boone

SWEATY PALMS

green

http://www.theacc.com/genrel/021913aaa.html

The ACC Digital Network today announced several strategic partnerships to distribute video content greatly expanding its reach and allowing fans to follow their teams through a multitude of platforms. The new partners announced today, combined with the established content destinations of YouTube, theACC.com, and hundreds of local newspaper and media sites make the ACC Digital Network content available across more than 300 million devices.

For the first time, fans will be able to access the ACC Digital Network’s live and on-demand programming through connected TVs, Blu-ray players, mobile and tablet video services on major wireless carriers, and internet delivered programming packages.
-- theacc.com

herald dispatch ...

MISSING U

TOCOCANE

To call Lil' Wayne a DB, would be an insult to DBs everywhere

canes_5rings

"the NCAA is using evidence former UM recruits who went to school elsewhere and players who transferred from UM (several of both groups were granted immunity in exchange for throwing UM under the bus)"

Am I the only one wondering why they aren't investigating the schools these guys actually ended up at? I mean, if Miami was supposedly showering them with money and other benefits and they went somewhere else, isn't it logical to think the other schools had a better offer? Or are we to believe these kids all took the high road (after actually accepting the gifts)?

Also, the rules are in place to keep schools from creating an unfair recruiting advantage, correct? So if those guys didn't go to Miami, how did they get an advantage over wherever they ended up?

Just some food for thought...

Pat Taylor

Here is Mark Emmerts email at the NCAA if anybody wants it. I have sent him a nice letter already LOL. memmert@ncaa.org

canes_5rings

Hey Green, wouldn't it be better if MSU beat IU and leapfrogged the Canes? I'd like to see these guys play with the same chip on their shoulder they had against Duke! It would be cool to be #1 but I'd rather see them hungry going into the tourney. It would be even better if they could have both, but #1 teams are dropping like flies for a reason.

green

http://www.sportsbusinessdaily.com/Journal/Issues/2013/02/18/Media/Big-East.aspx

SBJ Exec Editor: “ESPN unlikely to match NBC’s offer”

The executive editor for the Sports Business Journal (the ones who have been reporting contract details lately) said on the Tim Brando radio show this morning that he has been told by industry sources that ESPN is highly unlikely to match NBC’s offer to the Big East. Rather than match and plug in the BE on ESPNU, it is thought that ESPN will simply slide in more inventory from existing contracts with major conferences.
– TripleA

HELLO DARKNESS MY OLD FRIEND

green

Hey Green, wouldn't it be better if MSU beat IU and leapfrogged the Canes? I'd like to see these guys play with the same chip on their shoulder they had against Duke! It would be cool to be #1 but I'd rather see them hungry going into the tourney. It would be even better if they could have both, but #1 teams are dropping like flies for a reason.

Posted by: canes_5rings | 02/19/2013 at 05:20 PM

U can have it all ...

#1 WITH A BULLET

green

https://twitter.com/Stat1124/status/296757685808934912/photo/1

Big add for Miami getting blue-chip TE-WR Derrick Griffin who just signed his NLI for UM for 2013 class. Will play bball too.
-- bruce feldman

2FER

green

https://twitter.com/hurricanesports

@hurricanesports amasses 30,000 followers ...

TAKE ME TO YOUR LEADER

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