« No Soup For U! | Main | What Are U Thankful For? »

November 21, 2012

Comments

canesteeler

Hawaii and Ohio I am sorry for your losses. Hassan keep bringing it strong.

CaneRock

Damn, this kid ripped His coach to shreds with this letter:

http://ajbarker82.tumblr.com/post/36017145381/my-letter-to-jerry-kill-why-i-quit

Sinistercane

From another site
Posted: Today 12:39 PM
One Lawyer's Reply To NCAA
Although I do NOT represent any former UM players, I am an attorney and, if I did represent one of them, I would write back somewhat as follows:
----------------------

Dear Ms. Richman;
Please be advised that I represent xxx, a former scholar-athlete football player at the University of Miami. In this regard, you have sent me a letter requesting that my client submit to an ‘interview’ with your investigator, and, absent his agreement to do so, your staff "would assume that his refusal to do so would constitute an admission of certain facts ...(as an) admission of involvement in NCAA violations."
Miss Richman, I am not only offended, but shocked that an attorney would make such a statement. I can only assume that the University of Indiana Law School offers a course in ‘Spanish Inquisition Practice & Tactics’.
Please be advised that my client, Mr. xxxx, has no intention of wasting his valuable time meeting with your enforcement investigators. He has repeatedly stated that, to his knowledge, those statements attributed to your informant, Nevin Shapiro, are not only scandalous, but fallacious and libelous as well as. It is quite one thing for Mr. Shapiro, a convicted felon, to dupe investors prior to his conviction — it is quite another that your agency even now apparently embraces his unsubstantiated assertions.
Be further advised that, by this letter, not only will Mr. xxxx, not appear before your investigative staff by November 23, 2012, but he adamantly denies the truthfulness of such assertions made about his alleged involvement.
Mr. xxxx, both as an athlete and in his personal life has always prided himself as playing by the rules. That is also his public persona and reputation. While your staff may assume his lack of ‘cooperation’, (as you characterize it), to be a tacit admission of his involvement in some nefarious scheme to break NCAA rules, in the event that you publish such a belief as fact in any report or letter of allegations to a third party, we will take all necessary action to protect his good name and reputation.
Again, I want to emphases that Mr. xxxx specifically denies those allegations attributed to him and his refusal to cooperate should not, by any manner or means, be construed as an admission, tacit or otherwise, of their veracity, but merely his desire to not dignify them by even discussing them with your staff.
Lastly, I wish to point out that neither I, nor Mr. xxxx, have discussed this matter with the University of Miami, and they have had absolutely no influence over his decision. If I may add officiously, that it would be greatly unfair for the NCAA to consider Mr. xxx’s silence (or that of any other former scholar-athlete) to be substantive evidence against that institution which has no control over our ‘cooperation’ or ‘non-cooperation. It seems to me that you have also lost sight of the fundamental concept in our system of jurisprudence known as due process! Even in your Star Chamber quasi-judicial inquiry, I would hope you recognized that.
As a final thought, it is my personal belief that your letter verges very close to amounting to the crime of blackmail. I am considering discussing this with our State Attorney, as well as your state Bar Association!
I trust that I have made myself manifestly clear.
Very truly yours,
XXXXXXX

GOVERN YOURSELF ACCORDINGLY
cc: Mark Emmert

nemo2002

In a typical administrative proceeding Shapiro's testimony would constitute sufficient competent evidence to sustain a final order. No further collaboration would be necessary (although in this case NCAA investigators appear to also have some sworn statements from former players and staff to substantiate at least some of the Rat's allegations). If Shapiro admits that he engaged in certain conduct with former UM players (that constitutes violations of NCAA rules), and if these allegations are not refuted by the named (former) players - who chose to remain silent - then a hearing officer could lawfully conclude that Shapiro's uncontested allegations are true. THIS IS NOT GOOD FOR THE U, despite what some pundits and purported experts are saying in the media and on this blog.

I'm not saying that this is a "typical administrative proceeding". Indeed it is quite atypical, because NCAA investigators - and ultimately the NCAA infractions committee - probably have even WIDER latitude with regard to evidentiary matters, including standards and burdens of proof.

If some former players (and coaches? and staff?) have been willing to give sworn statements - or have reluctantly given such statements in return for immunity from the NCAA - which statements confirm a pattern of misbehavior, and a lack of institutional control, THEN WE'RE SCREWED, regardless of the NCAA's lack of collaboration of ALL of the RAT's multitudinous allegations of misconduct by the U.

Yeah, Nevin Shapiro is a proven liar and a convicted fraudster; and he's serving time in prison for his own misdeeds. As such, the credibilty of his testimony in another matter (unrelated to his Ponzi scheme) could easily be challenged, especially if the testimony was proffered in return for some material benefit from the government - such as a reduction in sentence. But that is certainly not the situation here.

Remember, the NCAA is not a government body - and UM as a member institution agrees to be bound by all NCAA rules and procedures, including those pertaining to investigations, hearings and penalties for NCAA infractions.

I concur that the NCAA's tactics are despicable; and the longer this matter drags on, the more it resembles an inquisition rather than an unbiased investigation.

However, it remains to be seen if the unwillingness of some former players to give statements to NCAA investigators is really helpful to UM's cause. Then again, better that they remain silent, I guess, if they know that their statements would undermine UM's defense.

Of course, if the affected players really do DENY Shapiro's scurrilous allegations, I wish the hell that they would meet with NCAA investigators and provide sworn statements, as this would definitely HELP our case.

Hassan

Just witnessed someone shoot themself on thanksgiving. i am speechless

myndraize

Happy Thanksgiving to all

CaneRock

Posted by: nemo2002 | November 22, 2012 at 05:29 PM

As it pertains to "penalties for NCAA infractions", the NCAA is talkin' out of both sides of their asses. They know football is a dangerous game, but those "suits" in Indiana don't know $hit about football.

For example, they spend 3% of expenses on catastrophic insurance right...but yet, they levy penalties that not only put a school at a competitive DISadvantage, but from a SAFETY standpoint, they put you at risk of loss of limb and/or LIFE!

They carry on with this bull$hit crusade about amateurism, like this is PHUCKIN! Pop Warner or somethin', like these coaches are recruiting Tinkerbells and Humpty Dumpties to hit each other out there...GTFOH with that amateurism BULL$HIT!

Football at that level is a PHUCKIN! job, and they know damn well it's a job. Why spend 3% of your expenses on catastrophic insurance, and then try to mislead the public like they're pillow fightin' out there. The NCAA's a PHUCKIN'! joke.

raizecane

Just witnessed someone shoot themself on thanksgiving. i am speechless

Posted by: Hassan | November 22, 2012 at 05:40 PM

*******************************************

Have seen that myself. Wait a day or two when it kicks in. Then you will really be speechless.

Hassan

Just witnessed someone shoot themself on thanksgiving. i am speechless

Posted by: Hassan | November 22, 2012 at 05:40 PM

*******************************************

Have seen that myself. Wait a day or two when it kicks in. Then you will really be speechless.

Posted by: raizecane | November 22, 2012 at 06:00 PM
--------------------------------------------
I been to 3 wars I seen so much but this ish is crazy. you know that vet's commit suicide so much that more die from suicide then from thee battlefield now.

CaneRock

You know that vet's commit suicide so much that more die from suicide then from thee battlefield now.

Posted by: Hassan | November 22, 2012 at 06:13 PM

Maybe that's because in previous wars (namely WWs 1 and 2,Nam), we invaded countries with militaries that numbered in the millions, that were willing to fight...no?

Hassan

Maybe that's because in previous wars (namely WWs 1 and 2,Nam), we invaded countries with militaries that numbered in the millions, that were willing to fight...no?
Posted by: CaneRock | November 22, 2012 at 06:21 PM-------------------------------------

no it is because of combat fatigue is higher, guys are doing longer tours of duty and multiple upon multiple tours. Those previous wars it was rare to do 2 tours of duty.

Tonycane

PM, read the book Armageddon, which is about the invasion of Germany from the fall of 1944 onward. The author mentions the burnout of British soldiers who had been fighting from the time of the North African campaign in 1942. By comparison some of our guys have been fighting for nine years, against an enemy that does not wear a uniform and who could be anyone.

Tonycane

Meant cane rock, not pm.

86Cane

Sinister...that "letter" was NOT written by an attorney. And if it was she/he is not a very good one.

UpNorthCane27

Happy thanksgiving canespacers!!!!! Nothing but love for all of you's!!!

86Cane

NEW BLOG IS UP!

The comments to this entry are closed.

My Photo
Blog powered by Typepad
Member since 06/2007