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Ultimatum by NCAA on former Canes players shows just how flawed system really is

In case you missed it, our Barry Jackson posted an interesting entry in his latest Sports Buzz column about how the NCAA has sent letters to former UM football players telling them they must talk or they will believe Nevin Shapiro's claims against them.

The deadline is this Friday. Barry and I heard about this last week and he got a copy of the letter recently and posted it on his blog.

Here’s how the letter to one player's attorney reads:

"The purpose of this letter is to apprise you that the NCAA enforcement staff is requesting to schedule an interview with your clients regarding their knowledge of or involvement in possible NCAA violations concerning the University of Miami, Florida, football program.

"Interviewing your clients is important in order for the enforcement staff to conduct a thorough investigation, and both the staff and the institution request you and your clients’ cooperation in this matter. However, at this time, all attempts to schedule and execute interviews with [blank] have been unsuccessful. As a result, this letter serves as a formal and final request by the NCAA enforcement staff for interviews with [blank] to be completed by Nov. 23, 2012.

“If we do not hear back from you or your clients by that time, the staff will consider the non-response as your client’s admission of involvement in NCAA violations. You may contact me at [blank] in order to arrange this interview. Your assistance in this matter is appreciated.”

Sincerely,
Molly Richman,
Assistant Director of Enforcement

MY THOUGHTS

I've heard all along from a couple sources that were interviewed by the NCAA who have told me the organization feels like it has a solid case to hammer UM for lack of institutional control based on the testimony of about eight to 10 former players, former assistant coaches and recruits who went elsewhere and were given immunity.

Not only do I think that stinks (immunity), but I find it downright offensive now that this letter surfaces and that former players are basically being told as the case is being wrapped up they have to speak or all of it is going to be considered true. In my opinion, this is a huge black-eye on the NCAA and the way it goes about collecting its information.

Do we live in America or a dictatorship?

Somebody has to step in here and do something. This system is clearly flawed. 

Comments

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You see the Cam Newton deal, Reggie Bush deal, Ohio State, USC, the Penn State pedofile cover up and you (NCAA) want to spend all your time and energy going after little old Miami. You are the sorriest ass organization I have ever seen in my life. You totally suck, you use gestapo tactics, you obviously have it in for Miami. Maybe you just like hanging out down here and you justify it by stringing out this "gridiron lynching" of the cleanest program ever. Be warned, "Judge as ye shall be judged!"

I hope everyone in the media does not let the NCAA get away with this! This is blackmail, extortion, and lack of due process. The University better push back hard on this. Further, if the NCAA must take a con artist at his word, then why are they not investigating his claims that the SEC schools offered too much money for recruits for him to compete? They can't have it both ways....you can't selectively believe a liar.

Perhaps, it is time for all former U players to come out and discuss the benefits they were given by Big 10 and SEC during their recruiting. Time to blow the lid completely on the hypocrisy.

Also, the NCAA better punish all the former coaches and administrative directors who still have jobs at other institutions. That means Stoutland and Alabama, Eichorst at Texas Tech, Haith at Missouri, Hurt at Louisville, etc., etc. The NCAA will reap what it sows!

Finally, if they do proceed with this and are somehow successful, then Donna must go as this has been totally mismanaged.

UM, you better get those legal briefs ready. Playing nice with these mightier than God bullies won't work.

My major problem with the NCAA in this situation is that they are using a lot of information from recruits and coaches, etc. that went elsewhere. If they took bribes or were offered gifts why should they be immune just because they went to another school. Think they should check out some players and a coach at Louiseville. They should they be immune?????
Will a self imposed bowl ban really make a difference?

WELCOME TO THE NEW AMERICA

Guilty until proven innocent.
A place where you can get arrested for making fun of our esteemed profit Muhammed.

You can't spell "scum" without "UM". I'm glad the NCAA has decided to grow a pair and not negotiate with criminals. Death penalty. Every sport. Shut it down!

Coming from a Buckeye..thanks for the compliment. At least our coach did not hide and was not complicit in a violation. Get lost hypocrite...continue to spend your state's money on a football program rather than your state.....also, we did not steal a NC by buying an official. They were rolling out the temporary stage when Porter threw the flag laced with Buckeye green. LOL

Buckeyeman894, "I'm glad the NCAA has decided to grow a pair and not negotiate with criminals.". Shapiro is not a criminal? That's who they are dealing with.

As a legal matter, these letters are unenforceable nonsense designed to intimidate players. Here's an analogy: I send a letter to some guy I picked out of the phone book that says that you owe me $100,000, and if I don't hear from you within 10 days I am going to assume that's true. Laughable. My impression is that the attorneys for these former players are going to tell the NCAA to go pound sand. Caveat: the NCAA is a rogue organizaion and doesn't think it's bound by well-established law, so one can never know what these power-mad flunkies are going to do.

We can cry and complain all we want about the corrupt slime ball NCAA. The NCAA has been waiting for 30 years to hammer the "U". They finally have their chance and will do so accordingly. I am just glad I was old enough to go along for one of the greatest rides in college football history. From 1983 to 2002 the "U" played in (10) National Championships winning(5) National Titles. Hell the "U" has lost more National Titles than UF or FSU have even played in.

NCAA=NAZIs

I am an outsider looking in to try to understand what is going on. Former Miami players show up on the sidelines at games to support their team. Why can't these same players talk to the NCAA investigators and answer their questions. If you truly support your former program you would be lining up to tell the investigators that the allegations are a bunch of lies. Either the former players don't care about the Canes or they don't want to answer the questions for other reasons...implicate themselves idk. That must be why the NCAA is taking their current position, why wouldn't former players want to come forward and defend their school?

As Golden goes, so go I. He stays, I stay. He leaves, and goodbye to my season tickets.

NCAA and Molly Ringworm can blow it out their collective áss .

The NCAA is engaging in a dangerous area of EXTORTION. If they sent the letter via the mail, then federal jurisdiction should be invoked.

CANE4LIFE

Do you know that Bernie Madoff was one of the largest contributors to charity and politicians in New York? WHY-- to gain access and cuarry favor so he could steal the peoples money he hung with at all the big events.. Shapiro came to Miami and hung with the Canes to gain influence and basically ROB the players, the alumni and the school.. he simply was "following the money" SHAME on the NCAA for even listening to this low life dirt sucking scumbag. I hope the school sues the NCAA- for listening to this AND for the time frame it has taken to do this..

Bunch of dUmb clUcks keep blaming others when your program is the problem.
The former players don't want to talk cause most of the accusations are true, if they were not they would be defending the program. They don't cause they know it's all true.
The only hypocrite here is Paul Dee and it has come back to bite him. What was it he said, something like, "big time programs demand big time scrutiny". There you go clUcks, and big time punishment.
All dUmb, delUsional and in denial is no way to go through life clUcks!

Are the NCAA gang terrorists now giving Universities ultimatum s ...or else??????The U has good Attorneys also.Seems the NCAA letter is a final attempt at intimidating players.Perhaps a legal body in this Country needs to investigate their tactics.How ironic is that???Anyway.....do what you got to do NCAA.we re waiting.

Miami should file a grievence on the NCAA. The administration at Penn St. committed a crime. That education institution put football first before the safety of children by withholding information that now has totally discredited the honesty of Penn State's footbal program. If any program should of got the "Death Penalty," it should of been Penn St. It took the NCCA's investigators less then no time at all to hand punishment. SO WHY is it that it's taking 2yrs for the NCAA to give us sanctions? I will tell you why. They hate Miami, they hate what the "U" stands for. They hate the people that cheer for the Canes. They want to dismantle our program and make a mochery of Miami. The program has suffered enough humiliation and slander already. Someone for Miami needs to step up and stand up for Miami. Enough is enough.

No UM fans are saying UM is innocent of wrongdoing. They're saying that the NCAA has no jurisdiction over former players, a known fact. They're saying that for the NCAA to threaten former players who won't speak with them, their right, they are engaging in a game of extortion. What is it you dopes don't understand about this position? I'd be willing to bet the NCAA has never done anything like this before to another school. For an organization that has unlimited powers, this is a blatant abuse of those unlimited powers.

Jim Gallo.... is an idiot, just plain stupid and moronic don't believe me....just read his posts. Calvin in the same neighborhood as Gallo, idiot, moronic and just plain stupid! Did I say ignorant too!

It's my understanding that these letters are being forwarded to the Florida Attorney General for review of possible extortion. Here's the Florida law.

Here's the Florida law.

"Under Florida criminal statute 836.05 [Threats; extortion], extortion can be in the form of a written or verbal threat or communication. The communication may be in printed form such as an email, letter, or blog. Whenever a suspect: maliciously threatens to accuse another of a crime, or maliciously threatens an injury to the person, property, or reputation of another, or maliciously threatens to expose another to disgrace, or maliciously threatens to impute any deformity or lack of chastity to another, with the intent to extort any money or any pecuniary advantage OR with the intent to compel the threatened person (or any other person), to do any act or refrain from doing any act against his or her will commits the criminal offense of extortion. "

Is the ncaa (national colleges against athletes) above the law? We'll find out soon. Ironic that somebody at the ncaa could go to jail as a result of the investigation of wrongdoing.

Miami should sue the NCAA for anti-trust violations.

College football for good or ill has become a big business and the NCAA is acting in retraint of free trade.

Anti-Trust attorneys have told me they would loose the case and it would put an end to the NCAA's rule making for good.

name the anti-trust attorneys you spoke with Phil.

my motives have not changed...replace golden and staff....there is nothing in goldens past or what he has done at UM that is evidence that he can bring UM to bcs....I dont see it, so why wait. If you analyze temple youll see he really did nothing there.....also Um can beat FSU now...if KSU can lose to a nobody by 4 touchdowns and oregon lose as well...UM can beat fsu..thats the first hurdle....the recruting efforts have a stonger foundation via beating fsu/championship then on to gators.....if you lose to fsu you risk nothing in the fla recruting effort after sanctions...losing dosent make the sanctions any worse....so all the upside is NOT to self-impose....add up all the BS that Golden is responsible for and the stats and the only solution is to let him go.....what ncaa coach is 39-45 and gets 22% more in salary at 1.64 Million? Why would you keep a coach that REFUSES to part with the worse DC in the NCAA? Now that Golden and company have totally blow up the team with this self-imposed sanction....now is the time to part ways....

Jim Gallo...you suck at life...seriously, is there something wrong with you?...were you dropped on your head when you were little?....you seem like you may be retarded....I feel for you if that's the case, but that's the only way that I can explain your idiotic, absurd assessments that you make with such conviction...you are a moron, dude

To the rest of the mouth breathers, chill the F out. We have absolutely no idea what penalties the NCAA is going to hand down. Until then, you are all just guessing and freaking out like a bunch of middle school girls. F-ing relax for god's sake.

Extortion is illegal! The NCAA should be brought up on charges!

I am sure the NCAA tried to intimidate former recruits and others and that The NCAA implied that they were going to smack The U but there is no evidence that The NCAA has evidence to support this position.

I think the reporting by Manny is horrid and he should either state facts with specificity or analyze the situation and state that his opininion is ___ based on these objective facts. Rather than state that certain kids who went to school elsewhere, and were 17 or 18 years okd when they were high school seniors, KNOW what facts The NCAA has, know what issues have presented evidence to disprove allegations and KNOW which claims can not be proven. This report by Manny only fuels the angst of true fans.

I HONESTLY DO NOT SEE WHY MANNY AND SUSAN ARE STILL EMPLOYED. I have little respect for them and their inferior investigatory skills.

"Somebody has to step in here and do something. This system is clearly flawed."

That's pretty funny Manny. If this had been written in an objective way and involved a school that didn't already have a long reputation of flaunting the rules, it might hold merit. The Yahoo! article was incredibly damning and thorough. A Miami cheerleader has no footing complaining about an institution bending rules.

I think the NCAA is trying to bolater the case, but can't figure it out.
In a court of law, what the NCAA is doing will not stand a chance. So if i'm the former canes, i would talk to them, and let their case be validated once the U has it chance to defend itself.

@RoboCane...

LMFAO at "investigative integrity." That's a good one. The NCAA doesn't actually do any of the work. They sit back and wait for whistleblowers like Shapiro. If he never said a word the NCAA wouldn't even know anything happened. They are such a joke.

Barry Jackson has a great follow up blog talking about how the former players' lawyers are laughing the face of the NCAA's threat and are talking about suing for defamation of character if the NCAA report tries to say any of these former players that were contacted are presumed guilty.

If it's true, i'm glad they sent those letters out, they'll be told real soon "time to wrap it up". You can't send out letters like that, lol, just proves they don't have enuff info, and that they're going to try an rule based off hearsay and circumstantial evidence, hypotheticals and theoretics, so after all this time, this is what ythey got, lol. Once again this just proves, the "Power of Silence" still works.

The funny thing is, the nc2a is setting themselves up and is about to set themselves up some more, because the UM administration is cooperating fully, so the nc2a can't come out and say, "due to lack of cooperation from the institution" why, because the players who're not current players don't have to be involved or are either obligated to be involved with this shame investigation.

Time for these clowns to wrap it up, they've gotten all the information that they're going to get, and the info that they have is basically flawed because only outsiders(kyle wrong, i never considered him a UM player even when he was here) for the most part have said something that hasn't been confirmed. If those players who got immunity admitted to taking something, that's valid and can be held up as True(admittance of guilt) but even if they said "so & so was with me and took the same thing, lol, that's hearsay and who knows what vendetta those outsiders have against UM.

You know those transfer players are normally always bitter, not good or smart ally's to have for the nc2a.

I like this situation, IT'S GREAT, TO BE, A MIAMI HURRI-CANE!

Sometimes, Gallo, things just are what they are. Everyone involved says it was a University decision to self-impose. You (alone, as usual) say it was Golden. Since if it were Golden and the U is saying otherwise, 100s of people would know that to be false and call them and him out on that.

You are either dumb, simply an instigator, or my guess, both.

first of all a interim AD would not have any say so at all...second there was no board of directors meeting since there is no miuntes to support a DOB directive.....the only possible decision makers are shalala and golden....futher more there is no legal council since there are no violations yet and the university does not employ lawyers...and even if they did,they would have no say so also as to the decision.....golden make the decision. he had final authority and made another bad decison...just like playing freshman vs the more senior players....making recruits come to camp to get scholarships.....refusing to recognize that his buddy is not qualified to run a defense since he has NO experiance as a DC....creating a poisened enviroment that resulted in suspensions, 13 players leaving and parents calling radio stations complaining...and now denying his team a championship and bowl on the premise that the forward teams will be better (unknown) and recruting efforts would be supported.....any other CEO would have been terminated.

how do think those kids feel now with their season ended prematurely for no reason...the most important part of the seaon and most fun rip from them when the college hasent even been charged with a crime and now appears to be weak and possible challange vs going to summary judgement whrn and if a noice of violations is handed down (is it possible that might now happen?)....MAYBE, maybe NCAA had nothing in the end to serve noice with....all possibilities..but to late now....pin has been pulled and a team that GT that has NO business playing for ANYTHING just got handed a christmas present of all time.....put the golden love lettes down and smell the coffee...he aint getting it done

Oh shut the hell up Gallo, and choke on a turkey leg or something.

there seems to be a momentum turn now with NCAA...their process seems to have hindered college football and revenue streams and bowl selections....I cant help but feel now that UM might just get a slap on the hand....i dont think the kiss of death is even an option for them now especially after they have threatened former player basically....tells me they have nothing...and the odds of succesful challenge have increased.....all this laying down was for nothing....unbelieveable

So lets see how great a job Golden is doing:

Out of #120 NCAA teams

Total defense is #112 @421 yrd avg vs 2011 @359
Rush defense is #115 @224 yrd avg vs 2011 @161
Sacks is #113 @1 per game vs 2 2011

You are dreaming if you think this staff can take UM to BCS or top 10...impossible....especially now that you will likely loose keith bryant...

watch jon gruden go to tennesse or arkansas...we f....cked that one up...there are so many coaches avalible this year....how about dave campo or bringing back to miami todd bowles.....alot of interesting choices out there that should have from the beginning been the UM picks for it history and brand......our staff dosent have it...get out of your golden bubble anf love letters....

Gruden ain't going to any college team U idiot! Gus Malzahn will go to either Tennessee or Arkansas or maybe Auburn should chizek get canned. Doubtful Tennessee would go for Butch Davis considering their NCAA troubles and may go after Petrino. I mean all he did was bone up a younger woman. I still can't figure out why that was such a big scandel.

idiot boy....butch davis is barred from ncaa coaching....whats funny you think you know stuff but you dont....but then again you never went to UM

I agree with Southpawcane. This is clearly an attempt yet again to destroy The U. If Miami is strong no one can take the top recruits. They stay home. But since this never ending investigation teams have had success in taking top talent. Even fsu couldn't get Miami talent. But because the U beats the good ole boys they hate "U" They talked about the death penalty before PSU got busted and now there is no way way can issue a penalty worse then them. They would like to but everyone would see that for what it is. I see a penalty similar to USC who outright paid players!! If they want to talk about prostitutes ask Lane Kiffen about that!!

I think they have very little and can only hurt Miami more by prolonging this process. I think they will loose scholorships and the two year bowl bad that is already being served.
If Miami gets depth and a player on the D-Line they will be very very good next year!

I didn't say I knew everything about Butch Davis and his situation right now U stupidass. It don't matter whether I did or did not attend the U. I know more about them and their history than U ever will. It doesn'tmatter anyway U c Un T because I am a Cane and U are not. Later B i t c h!

I agree with the too costly garbage remark. I can't stand the search, sound as well as feel of the Beats.

The following contains verbiage from Barry Jackson's column:
"### Meanwhile, John Infante – considered an NCAA compliance expert – told WQAM's Adam Kuperstein and Channing Crowder on Wednesday: “There is only so much Miami can do. Miami has an obligation to kind of cooperate with the investigation. The NCAA is not bound by the Constitution. They are not part of the government…."
MY RESPONSE....
That is not true, and an attorney should know better.
EVERYONE in the US is protected by the constitution, and if the NCAA acts in a way that is proven by a circuit court (or higher) to be unconstitutional, then the NCAA will be judged to be in violation of the player's civil rights.
A 1st year law student would know this, and it's no wonder the state of Florida is as corrupt as any in the US. (I was born there, spent 21 years there…Miami Sr High, UM)
Infante must have matriculated at UF!

DMoney...didn't see your post, as I was composing mine.
Was John Infante really a UF grad? Ha.
His statement was beyond ignorant.
Any relation to Lindy Infante who also went there....great high school player as well.
Lindy, that is. So-so HC. That's being charitable.

We are in big trouble, I heard from a reliable source inside the NCAA that Charles Manson has links to the U and is writing a book too. No one he accuses is still alive though so they have to take his word for it. Rumor has it that Shapiro and he have been corresponding and good ole Charlie Manson has us nailed...on top of that Bernie Madoff wants in on the scheme, so we are screwed, blued and tatooed :-(

dUmb, delUsional and in denial..........Wow clUcks is this what you are reduced to?
Duke's gonna spank you now, the NCAA later
It sUcks to be U

I do not think The NCAA has much on THE U.

The real question is when The NCAA proposes inappropriate penalties will The U administration accept the penalties or will The U administration have the backbone to challenge the NCAA findings and their proposed penalties.

I hope that someone in administration can objectively evaluate the proposed penalties in light of the real and unrefuted evidence that Ther NCAA has. From what I have observed is that The U has displayed a cowardice to challenge The NCAA.

lavegas: they have to be charged first....UM might not go to summary judegement and have hearing to challange sanctions....what if by summer ncaa cant serve notice of allegations?....the case is too weak or inside pressure within ncaa since sanctions have turned ncaa football upside down.....maybe there are voices that say back off unless hard core evidence is there....you never know, thats why this sel imposed sanction was stupid and unforgivable.....we risked it all for nothing so far

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