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NCAA admits wrongdoing in investigation into UM; with audio of Emmert press conference

The NCAA dropped a bombshell Wednesday afternoon, admitting it improperly obtained information through Nevin Shapiro's lawyer for the purposes of its investigation into alleged violations by the University of Miami's football and men's basketball programs.

NCAA President Mark Emmert told reporters in a national teleconference that college sports governing body has hired outside council to investigate its findings and will not move forward with a Notice of Allegations toward UM or any parties involved until it is completed.

Using phrases such as "grossly in appropriate" and "shocking," Emmert said the NCAA must sift through the information improperly obtained and throw it out. He said he hopes that process doesn't take any longer than a week to two weeks.

"We can’t have the NCAA bringing forward allegations collected by processes no one can stand for," Emmert said. "We have to go through all of the evidence to determine what has and has not been appropriately collected and influenced by improper conduct. One of the questions that has to be answered is 'What was the nature of that contractual arrangement [with Nevin Shapiro's lawyer Maria Elena Perez]? What was all the activity that she was involved with? How did this individual engage in these activities on our behalf?"

Because the NCAA does not have subpoena power, Emmert said NCAA investigators improperly used Shapiro's lawyer to depose individuals and question them in Shapiro's bankruptcy case. Emmert said the NCAA didn't learn until recently it had been going about its investigation this way -- despite multiple reports in many publications including The Miami Herald.

How did the NCAA learn investigators had been acting inappropriately? Receipts turned in by investigators for legal work by Perez, Emmert said.

Asked if this could be a mistrial and help Miami, Emmert responded: "It's premature to answer that question... This is a shocking affair."

AUDIO: NCAA PRESIDENT MARK EMMERT TELECONFERENCE

UM President Donna Shalala released the following statement moments ago in reaction to the NCAA's findings. 

“Since the University first alerted the NCAA to the possibility of violations more than two years ago, we have been cooperative and compliant with the NCAA and, I believe, a model for how institutions should partner with NCAA staff during investigations. In addition to encouraging current and former staff members and student-athletes to cooperate with investigators, we have provided thousands of documents to the enforcement staff.

"I am frustrated, disappointed and concerned by President Emmert’s announcement today that the integrity of the investigation may have been compromised by the NCAA staff.

"As we have done since the beginning, we will continue to work with the NCAA and now with their outside investigator hoping for a swift resolution of the investigation and our case.

"I want to thank our community for their continued support and patience. Stand with the U.”

Comments

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Thanks for the audio homie!

I love Mark Emmert. His brain reminds me of the old school Canes. Got it, green pea?

He is a babe.

Hey Manny - If a recall correctly, Sean Allen's most egregious information provided was to Shapiro's attorney under oath, not to the NCAA. Emmert might want to rethink his statement that only a small portion of information was obtained wrongfully. UM's lawyers will be all over this.

Yep, they had nothing, they have nothing, and they lied and stole to get what little they used to have.

Justice is being served, and we can hope the Gator lawyer that started this vendetta loses her job, so she can join Curse Gallo trolling Canes boards,it is all she is good for.

Prediction - No additional sanctions against Miami in exchange for Miami not suing the NCAA. Miami has already given up two bowl games and a chance to win the ACC because of this overzelous and improper investigation. The entire investigation is now tainted.

They never had anything. All charges will be dropped.

This is extremely disturbing, yet somewhat gratifying. I believe they are going to have to ostensibly levy a "penalty" of time served (two bowl games not attended, and the conference championship game withdrawl)and bring this disgusting "investigation" to a close.

We will sue the hell out of the NCAA.

Can U say "GAME OVER"!! Not only for this investigation but losing recruits to negative tactics from other coaches.

Hey Canetrash...want a slurpee??

POOF!!!
BOOOMM!!!

That is the sound of this case blowing up in they faces.

No way the worse of the allegations can be proven or held against Miami as the most important information/ allegations was obtained I-L-L-E-G-A-L-L-Y AND U-N-E-T-H-I-C-A-L-L-Y.

DONE.

THEIR GEESE ARE COOKED.

weeeeeeeeee! weeeeeeeee! weeeeeee!

That is nevin Shapiro's voice right now.

So much for that great Law degree from UF!

Awww Gallo, I know you're dissappointed as ANOTHER one of your stupid predictions WON'T come true. Can't wait to DRUM your Gators in week 2.

well here we go the ncaa got cought with their hand in the cookie jar. you mean it took two years to find outyou they screwed up don't belirve it they got cought red handed and now their backin up and saying sorry. will that give the U a shot at the acc title and the two bowl games they gave up hell no. guess after the "investigation" they will tell the U we'll try better the next time to screw you over.

Emmert said. "We have to go through all of the evidence to determine what has and has not been appropriately collected and influenced by improper conduct. One of the questions that has to be ans 'What was the nature of that contractual arrangement [with Nevin Shapiro's lawyer Maria Elena Perez]? What was all the activity that she was involved with? How did this individual engage in these activities on our behalf?

if the ncaa did not compel either defendants thru subpoena powers or the powers of discovery...but was a plain invite to witness testimony thru their attorneys, where is the improper violation?

Outside of what has been self imposed, Miami is now going walk away from this scot free.

Is it Galo or Gallo or Galloooo, green pea?

What a stupid douche you are, Curse Pig.

I am not sure being allowed to be present with the authorization of both defendents attorneys is improper.
Posted by: Jim Galo | January 23, 2013 at 01:40 PM

if the ncaa did not compel either defendants thru subpoena powers or the powers of discovery...but was a plain invite to witness testimony thru their attorneys, where is the improper violation?
Posted by: Jim Galo | January 23, 2013 at 03:05 PM

"As CBSSports.com reported back in September, the NCAA came to South Florida on Dec. 19, 2011 -- the day former Miami assistant equipment man Sean Allen testified after having been subpoenaed in Shapiro's federal bankruptcy case. Allen told CBS that he spotted NCAA investigator Ameen Najjar in the room. Allen requested that Najjar be removed from the room. The NCAA investigator was told to leave, but clearly Najjar and the NCAA had been working with Shapiro's attorney."

You stupid troll, where in that do you read that he ALLOWED them to be there. He was TOLD to leave, he left, but the bitter gator lawyer still grabbed the leaked deposition. They got their information improperly, your lawyer failed, she will be looking for work after this, and you will STILL claim every recruit is ALL GATOR until like Duke and Howard they sign with the Canes.

Please stop with your latestlie that they were INVITED to attend. They tried to SNEAK in, they got STOPPED, and then your sleasy lawyer paid off someone to get the deposition under the table. Unethical, just like you repeating your LIES.

Gallo is so disappointed. He's trying to now think on behalf of NCAA attorneys. Classic, pathetic, and hilarious. Gallo, quickly offer your services to Emmert but don't let them know you're a Gator (he's not feeling that right now).

look i'm not saying we did nothing wrong i want to know why has it taken two years to fin out the so called evidence was obtained against there rules. and should have never been used in the investigation against the U. every time u turn around there is another set back. now their going to sift the information and throw out that which they can't use how do u close the barn door after the horse got out.shapiro is a convictid felon serving 20YRS i would not believe on word he said or his lawyer.

The NCAA better lawyer-up because we're going to court either way. And good luck trying to sanction us now.

Gallo is shaking in his boots. "Where is the improper violation?" Shapiro's lawyer sent the NCAA legal bills for her services - that is how Emmert states he found out about the improper conduct. In other words, someone at the NCAA paid Shapiro's lawyer to conduct these depositions that were supposedly for the bankruptcy case but were obviously to gather evidence for the NCAA investigation. But Gallo is a Canes fan, right?? Why is he upset?

Gallo, you moron. Shapiro's attorney didn't send bills to the NCAA because they had people "sitting in", which wouldn't be allowed anyway. The NCAA attorney clearly met with Shapiro and the fine upstanding lawyer billed them for his time.

Small alarm goes off in some NCAA peabrain----why are we getting bills from Shapiros attorney---must be a mistake. Nope, we've been meeting with the guy and improperly obtaining info. Bye bye case.

Why do you think the normally faux mild mannered Emmert was so obviously pissed. He knows the USC case was bungled and they are being sued. Penn St suing. New rules coming 8/13. Case over--punishment is time served.

if anything this gives miami a legal option. They can sue the ncaa if they feel penalties are to harsh. So i can't see this doing anything but helping miami. Especially when u consider that the ncaa was doing this while miami was being as helpful and honest as they could be.

to do things this way when u had a university coorperating isn't gonna look good . This is huge black eye for ncaa and can't do anything but help miami. Now all those death penatly guys can go back in closet there is no way that is ever happening.

LOL...legal ethics 101..this thing is over! Or the NCAA risks getting embarrassed and discredited even more in a real court of law. If it gets bad enough, universities that feel like they were treated unfairly can file a class action. That's when all the wheels all of!

The key point in this is the NCAA received bills from Shapiros attorney. Bet the NCAA attorney was surprised their improper conversations weren't on the sly but were on the meter. Didn't think the scumbag would bill you. HaHa.

I am Jim Galo errrr Gallo. I luv de KAK.

SunnyDee, you KNOW he is as much a Canes fan as Curse is.

Fans should sue the NCAA for ruining our seasons...

The prestigous, integral N.C.A.A. is bloody well synonymous with CORRuPTION. Eh. What say.

The NCAA should be charged with "lack of institutional control."

first of all i am not upset because this does not help UM.....any delay in the decision just pushes key recruit farther away.....the unknown is what hurts UM

and since ncaa can not enforce thru subpoena powers the defendents lawyers to answer....how does the information get thrown out if no proof of collusion? I doubt the ncaa has the list of questions that were givien if any,to either shapiros or allens lawileyers...

so all this I dont think will change anything....alot of euphoria for nothing....

Of course you wouldn't be upset if it didn't help UM, you're not a UM fan, you're a deranged psychopath making up personalities on the internet.

We are still going to get sanctions as there was wrong doing that we knew about(That's why we self imposed) The NCAA did spend all this money on the investigation and are not going to just let it go.

Where the big time canes with lawyer degrees? Chance to bust ncaa's ass. Come on out!

Gallo, don't be disappointed.

More conflict of interest than collusion, bu the NCAA obtained evidence as a result of Shapiro's attorney. And it's not a matter of proof, it just puts the evidence gathered (or part of it) into question.

It probably gives UM grounds to pursue this case in court. This entire case has been tainted and now you have the NCAA head saying so.

There's not euphoria...but don't worry, it's coming soon.

Right - but then they have to get rid of the info that was gleaned b/c of the info gotten inappropriately. I'm sure right now UM's lawyers are liking their chops and the NCAA knows that they are cooked and the gig is up. He

nope....I listened to the audio very carefully....first of all even if there was collusion it may be inappropriate but it is not illegal either by state statue or ncaa own guidelines since none exist outside of the subpoena and issues. The audio also said that the file is incomplete and that those involved were former ncaa officials. If it is an unscruplous way to obtain information evidence, it dosent change the nature of it unless it was fraudulent.

all this does is bring more light to it and allow the decision to come after national signing day which will kill UM 2013 recruiting.....

today was a bad day for UM...not a good day

Wrong; today was a good day for UM and in the end justice will be served. Miami will take its medicine for the wrongdoings they've discovered and will be better off for doing so in the long run. However, the medicine might be more like Tylenol now and this opens up the doors for a mighty big, NCAA-KILLING law suit!

Go 'Canes!

ROFLMAO...NCAA.....Now Corrupt Athletic Association....sounds about right!

Gallo still the village idiot, nothing has changed!

Gallo (The Curse) is standing on the top of his double-wide threatening to jump after learning the NCAA/Miami investigation is on life-support. He's laughingly stating that the investigation clearly being tainted, if not destroyed, is somehow a bad day for the Canes. The fact that even Emmert expressed shock and deep concern as to what has transpired and hired outside investigators to investigate the NCAA investigation leads the Curse to conlude this is bad for Miami. Yo Lame Brain! If the NCAA was violating their own rules in one segment of the investigation it stands to reason that there may very well be other areas they acted in violation of their own rules. In other words, this might only be the tip of the iceburg concerning this tainted investigation, which has experts saying across the country that the whole inquiry might go up in smoke. And the pea brain believes this is bad for the Canes!

Ok is it just me or the ncca its self should be under investigation what kind of message is this sending student athletes... They expect young men to be fully accountable for there actions but they operate illegally weres the logic in that... Or does America hate UM football tht bad to continue hurting us off the field with recruiting like its doing... can they just please take the scholarships or give us some more bowl bands because this is turning into something that is pointless

Not guilty.... Ya'll got to feel me!

Can someone please explain to me how Charles Robinson missed NCAA misconduct but knows which sperm impregnated an anonymous hooker

Courts with regularity protect the right's of the accused from overzealous prosecutors and police who get evidence in improper ways.

Emmert isn't going to go public with something this big if there is nothing too it. The gathering of evidence has rules to follow and the improper use of using Mini-me's lawyer to question, gather and investigate her client's claims and to be working for the NCAA at the same time is highly unethical.

For arguments sake, Mini-Me filed the lawsuit, his attorney cannot be working for both sides. Conflict of interest comes to mind.....duh!

Evdence can be illegally obtained and why would anyone think the NCAA works outside the law, they are not a law unto themselves. They still have to follow the rules of our legal system. If that wasn't the case they couldn't be sued in a court of law for violating a suspects(coaches,players,institutions) rights.

They have their rules and regs but they must still must conform to the legal system they operate in and have to follow both State and Federal law.

ok. I am the real Gallo. I finally got my name right.

I luv the KAK.

UM please Sue the NCAA for 100 millions

I don't think UM walks away from this in the clear. There is still the issue and question of how Shapiro got so close to the program in the first place. Then, we singled out some players, like Ray Ray and Aldarius, but no administrators have been singled out.

The NCAA and UM will come to a mutual and fair agreement. Some recruits might be lost, but something must be done with the administrators who are guilty. I saw with my own eyes a photo of DS and Nevin right here and DS was holding a check.

Just a heads up if the NCAA deals with mistakes like this like our legal system does:

If the NCAA considers information found in the deposition to be not 'admissible', that means, that ANY investigation that had its origin with these depositions would be thrown out. That means that even if the NCAA had gotten this information later during their own interview, if the questions that were asked by them stemmed from the knowledge they gained from this incident, that information would be inadmissible. In addition, ANY leads that they investigated that due to the deposition which led to evidence - that evidence would also be thrown out.

If this were a trial, it would likely be a mistrial.

I don't know the NCAA by-laws and if they follow the rules of legal procedure that are followed worldwide, but if they do, UM can easily get a lot of evidence thrown out.

In my opinion, they will throw some out, but the real impact will be on punishment . This + Extraordinary Cooperation + Self Punishment means that UM's additional punishment will more likely be few scholarship reductions and 2-3 years probation. Unless, there is some hard evidence we don't know about, that seems to be the trend.

Anything harsher and the NCAA will look like its just being vindictive and could lead to lawsuits and a serious loss of credibility to the people it needs: the university presidents.

Hey, green pea. I was around when Lou Saban was coach.

What an ass on that Saban.

/s/

Jim Galo or Gallo or Curse Filthy Pig

If you wonder what side of the fence ESPN is on just look at their reporting on the stunning admission by Mark Emmert that the NCAA cheated…it is almost non-existent! Think about it…the NCAA has all but admitted they cheated—it doesn’t get any bigger than that! But, in the world of ESPN…crickets.

We live in a world of media bias and real reporting is a thing of the past as these massive so-called news organizations play to their audiences and they recognize a large segment of college football fans, their base, want to see Miami beaten to a pulp by the NCAA (see the Curse/Gallo). So, any good news regarding Miami is begrudgingly doled out by the media with constant reminders of anything that has a bad connotation regarding the Canes.

To that end and as only one of numerous examples; anytime there is bad news regarding Ray Lewis he is referred to as a former Miami Hurricane. Conversely, when a positive event regarding Ray is reported you will never find the label…former University of Miami football player.

I SMELL NC#6 starting to waft in the air boys!

When this NCAA investigation blows up (already blowing up now), we are going to start OWNING the recruiting.

With Coach AG turning this baby around, there's nowhere to go but up my Cane brothers and sisters.

I smell NC#6!!!!!!!!!!!!!!!!!

Not this year, but our time in the desert is coming to an end. And damn it's been a long 10 years.

Those kids on the fence because of NCAA fears, you know they are paying attention to this BIG TIME because it may have been the ONLY thing holding them back from being a CANE.

THIS IS THE BREAK CANE NATION HAS BEEN WAITING FOR!

NFL pipeline being reconnected boys. We are on the rise and be dominant again.

You think Bama is impressive now? Wait till we step up to the top of the mountain.

GO CANES MOTHERFFFFERS!!!!

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