NCAA Miami vs MLB Miami

**darvon** · 02-06-2013, 08:35 PM

We all are appalled at the NCAA trying to ask questions for a college investigation during a Federal Bankruptcy disposition, where the power of the Federal Govt compels answers under oath.

So how are we with the testimony in coming Federal Investigations with Biogenesis and Baseball players being used by MLB to punish players.

Remember that the Mitchell Report used a plea bargain made by US Attorneys in San Francisco which required witnesses under indictment for federal drug crimes to testify under oath to the Mitchell team.

Another heinous use of the Federal Legal system by a private entity, although with the cooperation of the Feds this time.

I am sure that the Miami case will make Federal depositions/interogations able to be seen by MLB, without them being released as public documents.

Which is worse??? MLB or NCAA

**wxwax** · 02-06-2013, 09:34 PM

NCAA. Using an unrelated legal case to mine for separate information under oath. Bankruptcy, NCAA violations, apples-oranges.

I have no problem with MLB using testimony from a case that directly relates to MLB's own interests. Drug indictment, MLB drug policy. Apples-apples. I don't know law, but it seems akin to using evidence from a criminal trial for a civil lawsuit.

**darvon** · 02-07-2013, 11:06 AM

I don't know law, but it seems akin to using evidence from a criminal trial for a civil lawsuit.

IIUC, evidence submitted in a criminal trial that goes to a decision is public information. However, I don't think testimony in a criminal investigation is public. If it isn't, yet is used by MLB, I have a problem. If, like in the Mitchell report, the Department of Justice, as part of a plea bargain for a criminal offense, makes a deal with a perp which REQUIRES that the perp answer questions under oath from MLB, which happened in the Mitchell Report, is BIG TIME wrong.

I am not sure NCAA is the worst here. As the MLB Miami case goes forward, let's see what happens.

**wxwax** · 02-09-2013, 12:11 AM

Originally Posted by darvon

IIUC, evidence submitted in a criminal trial that goes to a decision is public information. However, I don't think testimony in a criminal investigation is public. If it isn't, yet is used by MLB, I have a problem. If, like in the Mitchell report, the Department of Justice, as part of a plea bargain for a criminal offense, makes a deal with a perp which REQUIRES that the perp answer questions under oath from MLB, which happened in the Mitchell Report, is BIG TIME wrong.

I am not sure NCAA is the worst here. As the MLB Miami case goes forward, let's see what happens.

My kneejerk reaction is that I still don't have a problem with it, IF the plea bargain and the MLB questions relate to the same offense. If they don't, then I too have a problem with it. But if they're for the same offense, then the player got caught and when you get caught, the tide of poop that comes your way is endless.

**packa7x** · 02-11-2013, 10:31 AM

D, I'm not familiar with this. Can you lay out the facts of the case?

**wxwax** · 02-12-2013, 05:51 PM

Originally Posted by packa7x

D, I'm not familiar with this. Can you lay out the facts of the case?

Notorious Miami booster Nevin Shapiro was forced into involuntary bankruptcy. He hired an attorney to represent him in the bankruptcy proceedings. This attorney took depositions from people under oath.

It is alleged that Shapiro's attorney accepted money from the NCAA to ask questions during the depositions that had nothing to do with the bankruptcy case. It is alleged that the NCAA used her and the deposition structure to compel people to provide the NCAA with evidence about the rule-breaking at the University of Miami.

The NCAA cannot compel anyone to testify. It circumvented this by allegedly paying-off an attorney in a completely unrelated case, because she had the power to depose people that the NCAA wanted to question.

Obviously, this raises all sorts of ethical and legal issues, not just for the attorney in question, but also for the NCAA attorneys who allegedly hired her.

The context for this is accusations that the NCAA browbeats and threatens people during its investigations. The NCAA just lost its attempt to throw out a long-standing lawsuit filed by a coach who said the NCAA illegally forced his school to fire him although he'd never done anything wrong.

In short, we're back to the issue of capricious, arbitrary abuse of power.

**darvon** · 02-12-2013, 06:25 PM

One little point to add in Miami. At the beginning of the deposition for Bankruptcy, an NCAA employee was in the room as part of Shapiro's team. When recognized he was thrown out. After that Shapiro's lawyer asked NCAA questions of the despondant and gave the transcripts to the NCAA for pay.