Mark Emmert-NCAA Executive Director

On February 5, 2013 we stated the paragraph below related to the University of Miami, NCAA investigation.

“Depending on how you view the situation, the current NCAA investigation of allegations against the University of Miami has impacted three recruiting classes. In November 2012, we reported between 8 to 17 players chose other schools over the University of Miami due to impending sanctions. We can now more accurately state that between 11 to 18 players made decisions to attend schools other than Miami due to pending sanctions. Coaches tell us the cloud hanging over Miami is constantly used aganist them by other schools. FSU’s Jimbo Fisher is specifically mentioned as one who points out the NCAA investigation to recruits considering Miami.” Entire Article

On September 24, 2013 Greg Cote, Wrote the following in a Miami Herald article: if you’ll forgive an estimate and a rounded number for dramatic effect, let’s just go ahead and call it “1,000 Days of Hell” now — and counting — for University of Miami athletics in the bumbling hands of the ponderous NCAA. Article

A few months ago we learned that Keith Bryant, a Rivals four star defensive tackle from Delray Beach, Florida, was persuaded to attend Florida State, because of of impending sanctions against the University of Miami.  While we attempted to speak with Mr. Bryant, who did not return phone calls, we were able to make contact with a few of his friends and Delray Beach teammates. Of the five people we spoke to, there was one common theme. Florida State coaches routinely stated they had inside information and that Miami would receive additional penalties, including more post season bowl bans and get hit hard with scholarship reductions. One coach continually threw-out the thought that the scholarship situation would keep Miami down for at least the next five years.

Bryant who leaned toward Miami at one point bought into the comments. And according to a family friend, so did other recruits.
We have adjusted the February estimate ans now believe 14 to 19 players went elsewhere due to pending sanctions and penalties. Considering, the University Miami has self-imposed not attending three postseason games, endured a sloppy unethical investigation by the NCAA, and lost players due to the length of the investigation, they should not receive any additional sanctions or penalties.

2-5-2013

Depending on how you view the situation, the current NCAA investigation of allegations against the University of Miami has impacted three recruiting classes. In November 2012, we reported between 8 to 17 players chose other schools over the University of Miami due to impending sanctions. We can now more accurately state that between 11 to 18 players made decisions to attend schools other than Miami due to pending sanctions. Coaches tell us the cloud hanging over Miami is constantly used aganist them by other schools. FSU’s Jimbo Fisher is specifically mentioned as one who points out the NCAA investigation to recruits considering Miami.
On January 23, 2013, the New York Times and other media reported that Mark Emmert, the N.C.A.A.’s president, referred to the conduct of his investigators as, “shocking” and “stunning,” in regards to their handling of the Miami investigation. According to Emmert, the NCAA violated their own rules during the Miami investigation.
The investigation centered around Nevin Shapiro, a one-time Miami booster and convicted Ponzi schemer who received a 20 year prison sentence. Shapiro indicated that he gave cash, gifts and provided benefits to several University of Miami players. A few months ago the NCAA received invoices for legal services provided by the criminal defense attorney representing Shapiro. Hiring the attorney had not been approved and Everett noted investigative staff members obtained information from a bankruptcy proceeding that otherwise the NCAA  would not have had access.
But this is not the first time that the NCAA’s tactics have been called into question. According to Los Angeles Superior Court Judge Frederick Shaller, the USC investigation was “malicious.” USC assistant coach, Todd McNair was accused of wrongdoing and subsequently sued the NCAA for loss of wages and future employment opportunities. The judge agreed the investigation was over the top and that the NCAA relied on inaccurate information to attack McNair. The NCAA is appealing the judge’s decision in this case.
Several weeks ago, the NCAA threatened the University of Miami that if ex-players who are no longer with the program do not cooperate with their investigation, they would consider all of the allegations voiced by Shapiro against them as being accurate. Because they have no subpoena power, they were attempting to bully the University. They went out of their way to intimidate and condemn USC and it appears they are going to extraordinary means, even if they are unethical to hammer the University of Miami.
In our opinion, Miami has already placed more sanctions on themselves, including the loss of potential recruits than the indiscretions would warrant. Since they have already lost numerous quality players to other programs, the NCAA should just move on.

Links:

Randolphreview

nytimes

foxsports

Charles Arnold  and

R.J. Intindola

11-11-2012

NCAA Gestapo: the most dysfunctional organization in the United States.

For those of you that are unfamiliar with how the National Collegiate Athletic Association (NCAA) applies penalties we offer the following as a simplistic but poetic factual example.  First, we present a brief explanation and description on NCAA infractions. The NCAA has established rules that all student athletes and academic institutions are to follow in order to create a level playing field, while maintaining an amateur environment. Institutions whose members violate the rules are subject to penalties generally referred to as sanctions. The penalties can include reductions in scholarships, bans from post season games, payments of cash, and probation.

Nevin Shapiro, a University of Miami booster and convicted Ponzi schemer, told Yahoo sports, that he provided money and other benefits to 72 past and current University of Miami football players. The report by Yahoo sports was first made public in August of 2011 and entailed in nearly a year of interviews while Shapiro was in prison serving a 20 year sentence. For those interested in greater details regarding the case, a number of links have been provided at the end of this post.

A sad story:

In 2005 through 2008, the house located at 7391 Palm Beach Shores Avenue was occupied by three wealthy bachelors that were well-known drug dealers. Over that time, they sold $23 million worth of drugs and ripped off several people under the influence. On numerous occasions they had parties where drugs were given to women in order to more easily obtain sexual favors. In the summer of 2008, they were told by an informant that the police were slowly moving in on them. They put the house up for sale at a low rate and took off to another country to continue their business where the local authorities had no jurisdiction.

In September of 2008 John and Mary, a married couple felt fortunate to purchase this expensive home at such a reduced rate. Mary invited her recently divorced sister Donna, to move in with them. For nearly one year all of them worked hard, upgraded the home and lived a life beyond their imagination. However, at 4 AM on August 10, 2009, the house was raided by the police and they were all taken into custody.

Over the next three years, they were charged with 220 counts of the sale of cocaine, with the rape of 73 women and extorting another 24 people. Under the law, guilt is determined by address and not by who committed the crime. During the three years of the investigation, the family was put on probation and was not permitted to work extended hours, attend out-of-state conventions, and not receive any bonuses from their employer. They were barely scraping by to cover their costs.

Although there were remnants of the Shapiro case six months earlier, the NCAA announced an investigation in August of 2011.

As a result, eight Miami players received suspensions and were required to return any money received from Shapiro or his associates. One other player was permanently released from the team.

The University also paid $83,000 to a bankruptcy court which is the amount of money estimated that were provided to past players in the way of cash, goods and services. Among other things, players allegedly received car rentals, jewelry, the services of prostitutes, and gratuities.

To date, the University of Miami has self imposed various sanctions and penalties. These include the following:

2011 bowl ban

2012 ACC championship game and bowl ban– as a result of the postseason bans, the University is estimated to have lost a few million dollars in additional revenue.

It is estimated University has lost close to $2 million in revenues as a result of self imposed bold bans.

Larry Bluestein, noted Florida high school recruiting analyst informed us that at least two players rejected Miami as a result of potential sanctions. He would not confirm that any others went elsewhere because of potential sanctions. However, we contacted several coaches in Miami Dade, Broward and Palm Beach counties whom had a lot to say off the record. According to the estimates of those who spoke with us, anywhere from 8 to 17 players would have enrolled at Miami if not for pending sanctions. Even if you take the low end of eight players, that’s significant considering three of them had five-star ratings according to rivals.com. One coach, who was a past starter for Miami, told us that at least two players informed him of other schools pointing out potential sanctions and the possible death penalty the University of Miami could receive.

So where does this all leave us?

Our guess is that there is a 50-50 chance the University of Miami will receive a third year bowl ban and lose approximately 20 scholarships over a three-year period. A little stiff you might think. However, odd things happened to Miami that do not occur elsewhere in college football and in our humble opinion they are unprecedented. We leave you with just two classic examples.

In October 1988, the University of Miami and Notre Dame play a game that is often mentioned till this day. At the end of the game, due to a controversial call Notre Dame won by a score of 31 to 30. But did they really win? The short answer is no. The circumstances are complicated and therefore we provided a link to an excellent explanation provided in the Los Angeles Times. Miamigetsscrewedagain Had there been instant replay, Miami would have without a doubt won this game and went on to play in another national championship. However, due to a mistake by the officials, Notre Dame won and ended up going to and winning the national championship. So the next time you see someone on television patting Lou Holtz on the back for winning a national championship at Notre Dame, remember it was only because the University of Miami wasn’t fairly treated. So Mr. Holtz, please thank the hurricanes that lost a collegiate record of 36 straight wins and handed you a national championship which you otherwise would never had won.

The year is 2000 and the University of Miami ended the season with one loss, the same as Florida State and the University of Washington. However, even though Miami beat Florida State, they were chosen selected by the then CBS formula to participate in the national championship game. As a result, Miami was not afforded an additional opportunity to play in the game. Furthermore, because of the circumstances the rules were changed in which the circumstances can no longer occur. Convenient, if you’re Florida State. Link-2000

Now if anyone out there can tell us where these type of situations have occurred with any other university in the past 30 years, we will be more than glad to post your responses and acknowledge our incorrect investigation and analysis.

11-11 2012

updated-1-14-2013

By

Charles Arnold and

R.J. Intindola