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Thread: Lawyers seek dismissal in college basketball corruption scandal

  1. #1
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    Nov 2013
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    Default Lawyers seek dismissal in college basketball corruption scandal

    Fed charges include Universities getting benefits while being defrauded .....complex if not convoluted litigation seems to be a reach IMO

    "The payments purportedly made by Defendants were not themselves unlawful," the defendants' lawyers wrote in a motion to dismiss. "It is not against the law to offer a financial incentive to a family to persuade them to send their son or daughter to a particular college. Such payments might, however, violate the rules of the NCAA. After expending enormous resources, the Government has strained to find any legal theory -- ultimately resorting to one that was directly rejected by a Federal Court of Appeals -- in order to transform NCAA rule violations into a conspiracy to commit federal wire fraud."
    Even if the alleged payments were made, the defendants' lawyers argued in a motion to dismiss, their actions didn't break federal law.

    "The wire fraud statute prohibits 'schemes to defraud' victims, not schemes to help them," the motion said. "The Indictment takes pains to assert that the purpose of Defendants' alleged conspiracy was to 'step up and help' Louisville and Miami. In particular, the Government expressly alleges that Defendants' scheme was motivated by a desire to 'assist' the Universities recruit talented athletes and concedes that Defendants provided funds to the three families only after they were asked to do so by the Universities' basketball coaches.
    "The fact that the coaches asked Defendants to help via means that could, 'if uncovered,' lead to potential negative consequences with the NCAA does not change the fact that, according to the Indictment's own allegations, Defendants sought to help, not harm, Louisville and Miami."
    http://www.espn.com/mens-college-bas...te-federal-law

  2. #2
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    It would seem that if the schools were to be named the victims, it would then be fraud against those victims, and crime across state lines, and a host of others.

    However...if they decide to let the NCAA deal with it, nothing will get done. None of the schools involved are small enough for the NCAA to bully.
    Hoping you have a sense of humor too!

  3. #3
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    By extension, if the case is dismissed by way of this reasoning, then wouldn't that open the door to legally "fixing games"? After all, all you would have to claim is that you were trying to help the financial well being of the student athletes and/or the university.

  4. #4
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    Is anyone surprised that more schools haven't been named? I remember when Emanuel "Book" Richardson was fired at Arizona that some reporter said he was informed that this was only the "tip of the iceberg" when it came to the FBI investigation, and that several more names would emerge.

    It hasn't happened............yet.

  5. #5
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    This case never made any sense to me, a non lawyer, those violations were of the NCAA rules not of laws....I think it was Jazz that said...... this District is always seeking publicity .....

    This is probably a pro forma appeal....people that lie to the FBI are in trouble...

    fixing games is a violation of the law....I think...

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