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NCAA: Only 20 percent of tainted info will be tossed out of UM investigation, process will move on

For those of us hoping for some finality in the two-year NCAA investigation into alleged rule-breaking at the University  of Miami, that day wasn't Monday.

Here is what you need to know: The NCAA has fired people on its enforcement staff, admits again it screwed up, but the case is proceeding to the Committee on Infractions. There will be no settlement. About 20 percent of the investigation has been dubbed "tainted" and has been tossed out. What's tainted? The interviews conducted by Nevin Shapiro's lawyer with Sean Allen and subsequently 13 other interviews and portions of 12 others after that.

When will the Notice of Allegations be sent to UM? President Mark Emmert wouldn't say. "I'm not giving it a timetable," he said.

> Here is the audio of the teleconference with reporters.

> Here is a link to the 52-page report released by the External Review committee on the NCAA's investigation into UM and the NCAA press release on the findings.

Comments

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Lawsuit to follow

We need to fight this tooth and nail. Hire Madlock if we have to. Hopefully, they threw out Kyle Wright's testimony.

Isn't those 20% of information more damaging to UM than the other 80% NCAA has?

I am not giving a timetable- yet Miami has been adversely affected through 3 recruiting cycles, has self imposd 2 bowl bans, one post season championship game, and has limited scholarships. If they do not take that into consideration and limit the severity of the penalty, I would sue their a55es off and would open up that investigation to the public eye! Woudl Emmert and his pi55ants wantthat to be made public? Let's see. UMlawyers (except Perez)- I mean the ones that got good grades inLaw school- buckle up. Lock and load.

NCAA had a TOTAL LACK OF INSTITUTIONAL CONTROL. That's FUNNY!!

Don't hold y'all's collective breaths, Cane rUffians. Because the N.C.orrupt A.A. is going to drag the shady investigation of Hurricane football, on and on and on and on. Bloody well guarantee it!

In other words, y'all Hurricane brUtes. Your University of Miami, Florida football program is STIL in 'deep doo-doo. ' And y'all Miami bUbba's cane believe that or not. To your own collective angst.

Bon jour et Bon soir

Wonder if Lach, the enforcement head who got fired, believes this was a big nothing like Gallo?

Why can't he give a timetable? They've had 3 years. How long should it reasonably take? How about Miami gives the NCAA a timetable. End it now or UM sues and teams up with all of the other institutions that are being held hostage by NCAA incompetence.

There needs to be a timeframe for these investigations. 9 months sounds reasonable.

Cant the feds come down on the NCAA for using federal depositions to their benefit? The feds have come down hard for much less.

This dragging of feet by the NCAA is cruel and inhuman punishmnent to every Coach, player, student, fan, alumni, and anyone associated with Miami fooball..

Enough is enough....when will they realize the unknown is worse than the punishment.

We have been saying for years...do your thing NCAA and let us move on...
When everything is said and done..the NCAA should itself be investigated for their actions even if it takes a lawsuit after their deposition.
Go 'Canes

Your title is mathematically and factually incorrect. 20% of the information was deemed tainted and removed. Your title says that only 20% of the tainted information will be removed. Those are two vastly different phrases.

How can you for get what you spent 25 thousand to obtain.Please NCAA save face call it a wash and walk a way. Get off the deer spray. Only in the SEC is deer spray aloud.

Time served.....hahahaha....

Sue! Sue! Sue!

What a farce the NCAA is....

"lack of institutional control..." on itself.

Jim Gallo is taking a dump, and he'll be on here soon enough to somehow blame Coach Golden for the NCAA violations....

Gallo in 3, 2, 1......

Emmert's goal from day one was to "get' the Miami Hurricanes. He had zero interest in conducting an impartial investigation.

This so-called NCAA investigation has been more of a Gestapo investigation where from the outset they set their goal (Destroy the Miami football program) and went out to achieve that goal.

Emmert fired NCAA vice president of enforcement, Julie Roe Lach, only the latest in a series of firings in the association’s enforcement staff due to the NCAA's corrupt approach. Don’t forget that NCAA investigator Ameen Najjar was also fired in the summer of 2012 while working on the Miami case.

Yet, Emmert is now offering assurances that the remainder of the investigation is pristine. This man is incompetent and deceitful as there is no way he can honestly claim that they have reviewed the entire 800 day investigation in detail, thus allowing him to know with certainty that no other NCAA corruption exists.

Emmert has made it clear that he sees NCAA Vice President, Julie Roe Lach’s conduct as no more than a bump in the road and its business as usual in his warped world. In other words, he set out to get Miami and corruption in the investigation is not going to stop him from carrying out his sworn mission.

I have already responded.....all about nothing

there is nothing to this saga....all that happened in the end was the ncaa latching on to someone elses subpeona....getting real truthful testomony under oath that nomally would be a pack of lies if done under (non-subpena) questioning by ncaa.....allen is mad because he got "tricked" into telling the truth...

"Paid insufficient attention to the concern that engaging the criminal defense attorney could constitute an inappropriate manipulation of the bankruptcy process"

.....this is not correct since there was no objection during the court process during any of the lines of the allen questioning by either the plaintiffs lawyer or defendans lawyert, therefore nothing was struck from the record...notice the word "could" but it didnt...whatever information that was provided by allen is an overlap of what the ncaa already knew...

ncaa can stike whatever they want from their files...but they already have what they need....tainted only means extra info got under the subpoena but then again ncaa had most of the info already hence the 80% stays....

also nothing done that was illegal...lawyer is allowed to get paid...subpoena wasnt ncaa's, and the only conflict of interest would have to come from allen himself against perez...

"Did not violate a specific bylaw or law."..independed firm conclusion....

Listen to all you little cry babies whine and pout.
The NCAA has enough to bust you little punks and they will.
Give me a break with all your sissy calls to sue them.
That would only prolong your pain and would eventually be thrown out, the potential lawsuit that is.
Why don't you softies man up and take what you deserve.
You deserve to be punished you serial cheaters.
Just like USC, UNC, OSU before you, take your medicine and shut up already.

Mario is not making 1.6 million dollars - there is something extremely fishy about this move but we get what we deserve after years and I mean years of giving away money.

Hey Gallo,

Care to give us your words of wisdom on hiring Butch Davis who was embroiled in the NC State NCAA violations to replace Golden?

Tell us how that'll help the Canes with their current NCAA issues?

MANNY AND SUSAN!

Did you read the Herald's statement on their commenting policy? This blog should require people to sign in, maybe not Facebook profiles but at least having to register one email with one username to comment.

I would prefer no comments section in the Miami Hurricanes blog to the embarrassing, obsessive trolling back and forth here.


"In print, we have carefully articulated viewpoints, signed by the author. Online, anonymous posts often devolve into a volley of name-calling.

These caustic comments would never be printed in The Miami Herald. We believe they shouldn’t appear on our website.

Beginning Monday, readers who want to comment on stories posted on MiamiHerald.com will be required to log in using a Facebook account. We believe that anyone who has something to say should be willing to put their name to it.

For years, we have wrestled with this dilemma. Tens of thousands of users comment on our online stories each year, a virtual town hall that at its best creates robust community conversations on important issues. Too often, however, the rational voices are scared off. It is one of the complaints we most often hear about our website."

Reality bites=dork... Get off this site you sally. Miami rules in football baseball and now basketball.

The Sean Allen interviews were the most substantial pieces against Haith, Hurtt, and the other coaches, so they should absolutely feel better about their positions. As for the Canes, taking out 20% of what could be proven is a big win too. There is no way this administration can stand by and allow the loss of another bowl appearance or a huge scholarship reduction aside from what's already been given up. The investigation might be moving forth, but the worst is already behind us. Go Canes!

this is where UM gets caught.....perez had the legal authority....to ask questions and be part of the bankruptcy proceedings as per federal requlations..she did everything by the book.....


In an apparent response to Mr. Goldberg’s email, Mr. Najjar emailed Ms.
Perez the same day and asked her for the legal authority allowing her to issue
subpoenas through the bankruptcy proceedings. (Exhibit 9). Specifically, Mr.
Najjar wrote, “before we proceed any further, we need to fully understand your legal
authority to not only issue and enforce subpoenas but the authority that allows you
to ask the deposition questions.” (Exhibit 9). 21 Ms. Perez replied the following
day, explaining that she was able to depose individuals in connection with Mr.
Shapiro’s bankruptcy proceedings through Bankruptcy Rule 2004 and providing
several Bankruptcy Court documents relating to that authority. (Exhibit 10).
Approximately one week later, Ms. Perez sent an email confirming that upon
completion of a training session for Bankruptcy Court filings, she would be
permitted to file subpoenas in the federal Bankruptcy Court. (Exhibit 10).the
Mr. Najjar stated that after reviewing the information Ms. Perez provided, he
was confident that Ms. Perez could appear in the bankruptcy matter. (Najjar). He
then replied to Mr. Goldberg’s email noting that “under the FRCP and bankruptcy
rule 2004, [Ms. Perez] can represent the bankruptcy matter . . . .” and promising to
keep the U. Miami lawyers apprised of any developments with Ms. Perez. (Exhibit

ok "Jack Mehoff"

One more thing. Given the unjustly long and drawn out proceedings in the investigation against Miami, I would request an expedited hearing with the COI committee. Not likely, but Miami is going to have to start playing a little hardball here too. We'll be just fine. Now Mario on the other hand, I'd love to see Golden kick him square in his Jim Gallo.

Wrong again Gallo:

But that still doesn't allow NCAA to obtain ANY information that came from the Shapiro case as acquired by Perez.

Emmert stated exactly that. This article discusses exactly that.

Asking again, how does hiring a NCAA outlaw Butch Davis help UM with their reputation and current problems with the NCAA???

You've been pushing Butch for weeks, i just want to hear your sage wisdom on your pick of Butch.....

Hey Jack Me Off... just go jack off already...

Sure gallo - explain to Ms. Lach how this was nothing. Why'd they throw out the info obtained inapprpriately?

Depends on what is thrown out---if you throw out the my murder charge and keep 4 jaywalking charges, do I care/

According to Deadspin.com the NCAA used a "burner phone" to talk with Shapiro. $4,200 going to Shapiros commissary acct. with a total of $8,200 going to Shapiro. The NCAA is a cesspool of wrongdoing.

Westcoast: yes it does....Federal Rule of Banruptcy Proceedure 2004 allows broad range..basically they can ask whatever they want....

"The federal bankruptcy process is designed to further the goal of discovering
assets and claims that might be recoverable for the bankrupt debtor’s estate, and it
allows certain parties to obtain broad discovery through Federal Rule of Bankruptcy
Procedure 2004 (“Rule 2004”). The Rule 2004 procedures are known to allow such
wide-ranging and broad examinations to discover assets or unearth frauds that
federal courts often refer to them as “fishing expeditions.” As the debtor in his
bankruptcy, Mr. Shapiro had standing and authority to utilize the tools of Rule
2004 discovery in his bankruptcy proceeding.
Under Rule 2004, Mr. Shapiro had the power to compel third parties to
attend depositions and produce documents. This compulsory power is limited only
insofar as the depositions and document requests must somehow relate to the
conduct or property of the debtor or any matters that may affect the administration
of the bankruptcy estate. Mr. Shapiro was therefore entitled to question any party
regarding the circumstances under which they received any asset(s) from him or his
company, Capitol Investments, or regarding any potential legal claim that could be
made by Mr. Shapiro or Capitol Investments"

UM is dead in the water...next case

Reality bites it's fine to take our medicine but it does not have to be dragging on for years , It's funny how you call people names and such from behind a keyboard , A true sign of a coward . So shutup you moron. Go Canes

better this posting policy than having to log into facebook - hate that stuff - at least here it's interesting - even with the inane and sometimes obscene comments...no facebook.

all ncaa did was purchase the transcripts....shapiro is the ncaa witness....perez working with ncaa is not illegal, she can get paid.....as i have said before it was a very cleaver move by ncaa...remember witnesses were lying and not comming forward at the time, they make mention of it in the findings.....

where was judd goldberg and michael glazier (UM attorney)during the proceedings....they could have objected to the questions and ask the judge to stike as well as give court authority references on why the testimomy should not be allowed...they did nothing and sat with their mouths closed.....because they were convinced that perez had authority and was not manipulating the process....

sorry UM loses.....let it go

It is critical that we all understand that we haven’t even reached the phase where the “Notice of Allegations” by the NCAA has been submitted to the various involved parties.

Once the “Notice of Allegations” is presented the process (prosecution) goes to phase II, which is the case goes to the “NCAA Committee on Infractions”.

It is not unusual for the “NCAA Committee on Infractions” to take 9 months or longer to render their sanctions.

What is critically important about the above is the Mark Emmert inspired assassination of the Miami program, this death by a thousand NCAA cuts, may very well destroy a fourth UM recruiting cycle.

I would argue this potential reality is by design and may very well prove to be a worse outcome for Miami than had the NCAA immediately handed down the death penalty.

As I stated before, if it is found that 20% of the NCAA investigation has been tainted, then you have to assume the entire investigation is tainted leaving the burden on the NCAA to prove otherwise...this would mean a complete and detailed review of the entire two and a half year investigation.

The NCAA will do everything possible to squash UM. This was never in doubt for this observer...

The self-flagellation done by the UM administration,
supported I am sure by legal "advice", will have no effect on the NCAA's actions.

The NCAA is discredited and will use this opportunity to show how righteous they still are by smacking Miami down. As many felt, we should have played every opportunity we had, and not been cowed into submission by spineless, liberal administrators.

A sign of the times...

Miami has relieved all that played apart and suspended those players that where involved. NCAA fires a few people and thats the end of there troubles. Not likely, NCAA has to lead by example, if they can't enforce proper conduct on their own staff how can the run the world of College Sports. Sure there was some guilty persons and they should be dealt with. Let's see if Alabama, Louisville, and Missouri take a hit for hiring those involved. A players wrong doings can mean forefiture of games titles and so one. If The coaches do the same the school doesn't lose anything but a coach. They get to pad there man purse, where these kids may lose the beginning to their lives. NCAA Congress is waiting to step in on this. They are everywhere money is.

facts: dont be an idiot....whatever is "tainted" then sean allen, mario sanchez, michale hyghue and davis leshner better be ready for a perjury charge plus the FBI 302 files are also tainted right?

UM's attorneys were kinda weak.....why didnt they raise objections in court that perez had no authority or that she was compromising the proceess in violation of rule 2004?....even if they internally believed otherwise, still raise it and see if it goes....not just sit there saying nothing....

calvin...I still dont know to this day what ray-ray accually did....yes he said he was with his girlfriend, and she WAS his girlfriend....Ok so she is an agent also and they were having dinner together...OK so he lied about it worst case senerio..So?

ray-ray was served up to ncaa, he was depensible just like paul and finnie.....players to golden are nothing more than commidities...like coffee, sugar or coco...

Posted by: Jim Gallo | February 18, 2013 at 03:03 PM
/////////////////////////////////

lol, yeah, ray ray the sacrificial lamb. They silently tried to tell ray ray to either choose football or choose his girlfriend, since he chose his girlfriend they got rid of him. Part of the reason it's been "tmz since he got here" is because we got a female trying to be the president and goldie continuing to make "self inflicted" wounds when he doesn't have too.

Somebody obviously made the decision to try and play the "go along to get along" with the nc2a redneck type
and start the "let's be honest process" like that was going to work, if all the other players did what aldarius johnson did and kept quiet about it, who were they going to get rid of.

gallo, that's another player that falls almost into the ray ray camp, since he didn't tell on himself. aj2 don't roll like that. Anyway, it's going to be fun watching what unfolds here these next few weeks though.

Gallo’s act is something you witness thousands of times a day on stock (equities) message boards such as Yahoo!

These malcontents are known as paid bashers who act as though they are real fans of the company they are posting about by starting out with mostly positive comments, but as time passes they begin to institute their real intent with negative comments weaved into most every post that are designed to damage the company.

In Gallo’s case it is clear he is following the paid basher template to a “T”. The only difference in his case is he’s not being compensated for his work and only doing this act day and night because he is mentally disturbed.

Adding credence to my conclusion is that Gallo claims to be associated in some way in the field of equities, which I believe and this makes him familiar with the paid basher approach.

Just look at his comments of today...he is desperately defending the NCAA...do you know of 'ANY' sane Miami fan that is supporting and defending the NCAA concerning the Miami investigation? Of course not!!!

What i like is, who came up with the fact that "Only 20% of the information was tainted" how & who calculated that percentage, lol.

Games over, time to sue these bastards and make em straighten up and fly right. Time to bring the heat on them now, other wise it's time for regime change at UM.


Posted by Jim Gallo: "UM's attorneys were kinda weak.....why didn’t they raise objections in court that Perez had no authority or that she was compromising the process in violation of rule 2004?....even if they internally believed otherwise, still raise it and see if it goes....not just sit there saying nothing"

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Gallo you piece of garbage, I know your act and posted who you really are above.

That said, the reason the UM attorney's did not object to Perez's line of questioning is she had free reign to ask such questions in a bankruptcy hearing. The issue is, you ignorant, phony, imbecile, UM’s attorney's had no knowledge she was asking questions as a contracted worker on behalf of NCAA, thus they would not raise objections during the proceedings.

Had Miami's attorney's made such an accusation in open court the judge would have placed the burden on the Miami attorney's to produce evidence to support their claim, which at the time they did not have.

Yet, another of your lies has been squashed! For a basher you are one momentous dumbass!

The NCAA knows it has control on its side and is not going to quickly resolve this ongoing issue because it would make admit to many of the acusations and opinions most have of the organization. If fact there wrondoings only strengthen their resolve to continue the investigation, further hampering recruiting and other negative impacts. Their final judgements, since they can make them up as they go, will cite the normal lack of institutional control, improper gifts and recruiting violations. The penalty will be even harsher because of all the negative publicity their wrong doings have revealed in their attempt to cripple The U for an extended period of time.

facts: yes they did...hey raised the objection way before the proceedings:

E. U. Miami Raises Concerns Over Bankruptcy Depositions

U. Miami counsel Judd Goldberg and Michael Glazier knew of the Perez roposal before it was formally presented to NCAA supervisors for approval.
During an October 10, 2011 conference call with Messrs. Najjar and Johanningmeier, Mr. Goldberg and Mr. Glazier articulated three primary concerns
with the concept of bankruptcy depositions. They were concerned that 1) Ms. Perez could leak information regarding the investigation because she was not bound by the NCAA’s confidentiality policy; 2) Ms. Perez was not trustworthy; and 3) Ms. Perez was not listed as an attorney in Mr. Shapiro’s bankruptcy, and thus had no
authority to issue the bankruptcy subpoenas. (Goldberg and Glazier). Mr. Goldberg reiterated these concerns to Mr. Najjar in an email the following day.
(Exhibit 8).

bottom line is she was fully compliant.....UM attorneys agreed and thats why they didnt raise objection.....its all legal and you just cant accept it....if you had any court experiance you would know this....there is alot of latitude in court and unless you object...its the court record.....there really is nothing unusual with any of this....ncaa cleaverly got information under oath that usually they have to rely on lies (interviews)....thats all this is about

I believe a class action lawsuit should be brought on behalf of the 20,000 or so University of Miami fans in the Western Hemisphere who care enough to donate money and attend games. I even believe the moron who dresses in a beach towel while carrying around a child's horn and signs fabricated in a special ed class should be allowed to join the suit.

Jim "I have nothing to do but free posts" Gallo,

Unclear whether you are more sad or more clueless.

Why was evidence thrown out? Why were people fired? Nothing happened obviously isn't the best answer, so try a different one.

Gallo,

Again, you are a pathalogical liar...the Miami Attorney's DID NOT KNOW THAT PEREZ WAS A SUB-CONTRACTOR FOR THE NCAA PRIOR TO OR DURING THE BANKRUPTCY PROCEEDINGS, THUS THERE WOULD HAVE BEEN KNOW WAY THEY WOULD HAVE OBJECTED ...YOU IRRETRIVABLE MORON!

Folks, this guy is nothing but an agitator who does nothing but post lies and misleading comments. He is NOT a Miami fan as he claims and only makes that statement trying to convince others his comments are sincere and not biased. He is full of sheet!

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