UM pushing for settlement with the cartel

G Reg3rdLeg

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In the wake of the NCAA's embarrassing revelation this week, UM intends to push hard for a settlement with the NCAA, provided president Mark Emmert is willing (which is questionable) and provided the terms are fair and friendly to UM, according to multiple sources.

"They haven't come to us," one UM official said of the NCAA. But "it's smart to get something done. We've suffered plenty. They would negotiate something reasonable."

But it would be highly unusual for a settlement to happen. Typically, a school receives its notice of allegations, then responds three months or so later in front of the infractions committee.

NCAA President Mark Emmert would need to make the decision to circumvent that process in this case.

The upside for Emmert to do that: Putting this embarrassment behind him. If UM goes in front of the infractions committee, the NCAA would likely be subjected to more negative publicity because UM would point out evidence that could be tied to improper investigative practices by the NCAA.

The downside: A settlement with UM would anger other schools that were not afforded the same opportunity. Also, Emmert said the depositions in question --- the ones that will be tossed out -- were only a small fraction of the evidence against UM.

If the NCAA is willing to do a settlement, UM --- which already has self-imposed two bowl bans -- might be willing to accept very modest scholarship reductions, according to the speculation of a UM official. But we haven't gotten to that point, so it's premature to say anything conclusive about what UM would be willing to offer.

John Infante, a widely-quoted NCAA expert, said he doubts Emmert will be willing to do a settlement. But UM will at least broach the issue.

2) Offensive coordinator James Coley informed FSU he is leaving to take the same job at UM, according to multiple sources. An announcement could come today.


Read more here: http://miamiherald.typepad.com/sports-buzz/#storylink=cp.

doesn't seem like the ncaa is too likely to do it though
 
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Would be stupid of us if we didn't try.

Still think we sue them at some point, especially if they continue to be ****heads.
 
At this point Miami is playing the victim role and I like it. In all honesty Miami should go for time served and attempt to move on
 
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They will if Donna threatens to sue the **** out of them

They still won't ever "settle", at least not publicly, because every other school that ever had sanctions levied against them would sue the **** out of the NCAA because they didn't get a chance to settle. The more likely scenario is that the NCAA quickly "wraps up" the investigation and hands down some token sanctions which would amount to time served and minimal scholarship losses.
 
Make some kind of offer... time served on bowl bans, 9 schollies, probation, and some recruiting restrictions.

And a nice big **** YOU.
 
THIS IS HOW WE DEAL WITH NCAA NOW

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say hello to my little Donna
 
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No way in **** the Ncaa does that.

No way your wife is down for a threesome unless,

A. You catch her in a BIG lie.

B. You ask.

Very true. Miami should definitely try to get a settlement, I'm just saying it won't happen.

http://www.sbnation.com/college-football/2013/1/24/3907888/ncaa-miami-investigation-scandal

Q: Holy crap! How will everyone be penalized?

A: Well, Shapiro's lawyer will probably be disbarred. A court has already said she's incompetent, and now she's crooked too. Dave Barry articles have taught me that the bar for being a lawyer in South Florida is set pretty low, but this should be the end of the line for her legal career.

The NCAA investigators who used Shapiro's lawyers could face criminal penalties. They could be charged with obstruction of justice for interfering with a bankruptcy proceeding. Or they could be held in contempt of court, which allows judges broad discretion to penalize people who interfere with court matters. An NCAA employee could go to jail for his actions during the Miami investigation.

And then there's the NCAA, which could get sued by Miami for fraud. Fraud means you lied or deceived someone for your own gain, and the NCAA sure as **** did that when it used a criminal defense lawyer to ask people questions about infractions of its rules under oath. Now, fraud probably isn't a crime in this instance, but it sure as **** is a civil offense.

If you ask your local trial attorney what he thinks about fraud lawsuits, you'll see a Cheshire cat grin come across his face. Why? Because fraud is an intentional tort. Typically torts punish negligence, like if you hit someone while you were driving too fast. But when someone intentionally causes harm in a tort case (i.e. fraud or assault), then courts get a lot more liberal with damages, as we want to penalize people for causing harm on purpose.

Q: So Miami could take the NCAA to the cleaners?

A: Oh **** yes. Even if the actual damages aren't that great (for example, due to ACC rules Miami actually makes more money when they don't go to a bowl), the prospect of a fraud lawsuit is terrifying. At the very least, a suit by Miami would proceed to the discovery stage. And that means Miami could force Mark Emmert to testify, under oath, what exactly he did to take them down.

Of course, it'll never get to that. Miami has just as much to lose from protracted litigation. Likely the NCAA will settle and Miami will probably avoid punishment.

NCAA is in an extremely unenviable position. The NCAA doesn't want this to go any further and neither does Miami. They will do whatever they possibly can to save face and prevent the P.R. nightmare, should they hand down a stiff penalty.
 
No way in **** the Ncaa does that.

No way your wife is down for a threesome unless,

A. You catch her in a BIG lie.

B. You ask.

Very true. Miami should definitely try to get a settlement, I'm just saying it won't happen.

http://www.sbnation.com/college-football/2013/1/24/3907888/ncaa-miami-investigation-scandal

Q: Holy crap! How will everyone be penalized?

A: Well, Shapiro's lawyer will probably be disbarred. A court has already said she's incompetent, and now she's crooked too. Dave Barry articles have taught me that the bar for being a lawyer in South Florida is set pretty low, but this should be the end of the line for her legal career.

The NCAA investigators who used Shapiro's lawyers could face criminal penalties. They could be charged with obstruction of justice for interfering with a bankruptcy proceeding. Or they could be held in contempt of court, which allows judges broad discretion to penalize people who interfere with court matters. An NCAA employee could go to jail for his actions during the Miami investigation.

And then there's the NCAA, which could get sued by Miami for fraud. Fraud means you lied or deceived someone for your own gain, and the NCAA sure as **** did that when it used a criminal defense lawyer to ask people questions about infractions of its rules under oath. Now, fraud probably isn't a crime in this instance, but it sure as **** is a civil offense.

If you ask your local trial attorney what he thinks about fraud lawsuits, you'll see a Cheshire cat grin come across his face. Why? Because fraud is an intentional tort. Typically torts punish negligence, like if you hit someone while you were driving too fast. But when someone intentionally causes harm in a tort case (i.e. fraud or assault), then courts get a lot more liberal with damages, as we want to penalize people for causing harm on purpose.

Q: So Miami could take the NCAA to the cleaners?

A: Oh **** yes. Even if the actual damages aren't that great (for example, due to ACC rules Miami actually makes more money when they don't go to a bowl), the prospect of a fraud lawsuit is terrifying. At the very least, a suit by Miami would proceed to the discovery stage. And that means Miami could force Mark Emmert to testify, under oath, what exactly he did to take them down.

Of course, it'll never get to that. Miami has just as much to lose from protracted litigation. Likely the NCAA will settle and Miami will probably avoid punishment.

NCAA is in an extremely unenviable position. The NCAA doesn't want this to go any further and neither does Miami. They will do whatever they possibly can to save face and prevent the P.R. nightmare, should they hand down a stiff penalty.


Yeah I got somethin' stiff for 'em.....
 
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I don't think the NCAA has a choice. The NCAA, at a minimum, has to exclude anything that was touched by those who were directly or indirectly aware of the objectionable tactics. And that's a wide net. Almost all-encompassing. Those who were complicit were in charge of the investigation; this is not the case of a rogue, insignificant employee who went off the reservation.

This is bigger than UM. If the NCAA moves forward despite the fact that its investigative team intentionally and fraudulently circumvented its own rules, then it loses all moral authority to regulate. It also guarantees litigation. And in that case, there will be discovery, which is the NCAA's worst nightmare. There's a reason the NCAA is doing everything in its power to prevent the disclosure of the documents in the McNair litigation. The production of those documents, together with the recent revelation, will illuminate how pervasive the abuse of power is within the NCAA. The threat of revealing its tactics and the extent of its unethical behavior in this and other investigations far outweighs the backlash the NCAA will face if it declares the Miami case closed.
 
"Also, Emmert said the depositions in question --- the ones that will be tossed out -- were only a small fraction of the evidence against UM."

But this seems to be a statement one side in a case would always make - to say that they still had plenty going for them.
 
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