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re: Re: Javonte Smart Suspension, Question to all the Legal Experts (NCAA)

Posted on 3/11/19 at 7:45 pm to
Posted by Tom Thumb
Member since Sep 2017
1188 posts
Posted on 3/11/19 at 7:45 pm to
ncaa representatives were present when wade went with his attorney to meet with Alleva and company. He walked out
Posted by tiger91
In my own little world
Member since Nov 2005
40025 posts
Posted on 3/11/19 at 7:47 pm to
quote:

ncaa representatives were present when wade went with his attorney to meet with Alleva and company. He walked out


You know this how? It was reported that his lawyers said no to a meeting which in my simple mind indicates that they didn't even go to be able to walk out. ???
Posted by CottonWasKing
4,8,15,16,23,42
Member since Jun 2011
29484 posts
Posted on 3/11/19 at 7:49 pm to
quote:

You know this how? It was reported that his lawyers said no to a meeting which in my simple mind indicates that they didn't even go to be able to walk out. ???


What he’s saying was reported by just as reliable sources as the hack who wrote the Smart article.

By that I mean not very reliable at all.

I just want to know when the world started believing Pat fricking Forde? Hasn’t that guy been caught lying no less than 4 times?
Posted by TigerLunatik
Baton Rouge, LA
Member since Jan 2005
104809 posts
Posted on 3/11/19 at 7:50 pm to
quote:

Some things will never change?



Tell me how my post was wrong WITHOUT your P & G glasses on................

C'mon, Peej! Bruce Hornsby my man....

That's just the way it is
Some things will never change
That's just the way it is
Ah, but don't you believe them
Posted by geauxjo
Gonzales, LA
Member since Sep 2004
15288 posts
Posted on 3/11/19 at 7:52 pm to
quote:

The NCAA does not meet immediatrly with the parties involved in such allegations


Unless you’re Cam Newton and you get declared eligible on a Friday before practice.
Posted by laxtonto
Member since Mar 2011
2723 posts
Posted on 3/11/19 at 7:59 pm to
quote:

Because if he does meet with HIS bosses then he could be caught in a PERjuary TRAP. aLONG wITH the Rest of THE administration. WhaTS so HARD to UnderSTAND abOUt that?


The issue I have is that the only way he can get caught in a perjury trap is if he did offer impermissible benefits. So regardless of your view, this line of reasoning implies that yes, he did commit major NCAA violations and you don’t seem too concerned about what that means to the school or the program.
Posted by LSUAlum2001
Stavro Mueller Beta
Member since Aug 2003
48195 posts
Posted on 3/11/19 at 8:00 pm to
quote:

Wade refused to meet with HIS bosses about something that was very important about his job... Until he does he will stay OUT............... Sorry that's the way it is.............


Everything on those tapes is part of an FBI case and his comments need to be unspoken until the case is finished.

Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 3/11/19 at 8:00 pm to
quote:

Not technically, I am pretty sure offering improper benefits is a violation.


You are correct, completely illegal pursuant to the NCAA handbook
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 3/11/19 at 8:04 pm to
quote:

Wade refused to meet with HIS bosses about something that was very important about his job... Until he does he will stay OUT............... Sorry that's the way it is..................


Peej, given the gravity of the situation considering it involves a federal subpoena to testify in federal court, it makes sense to suspend him for at least one game in the aftermath of the bombshell report, suspend him further you're basically asking the NCAA to investigate you and strip you of your wins and all of that, just gotta apply common sense here bro, maintaining the suspension just implies you're guilty of violating NCAA rules
Posted by TigernMS12
Member since Jan 2013
5664 posts
Posted on 3/11/19 at 9:05 pm to
If Wade truely is innocent then there should be no need to worry about a perjury trap. If he’s worrying about committing perjury then I’d say he’s got something to hide which doesn’t mean anything good.
Posted by BillF
New York, New York
Member since Jan 2006
5792 posts
Posted on 3/11/19 at 9:29 pm to
Will Wade hasn't been served with a subpoena, and it's not even certain that he will be. Apparently just a "tip" that he will be.

We don't even know which side would serve him unless I have missed something. I suspect it would be the prosecution. The defense would have virtually nothing to gain unless they showed that Will Wade asked for money and the accused said no. That, of itself, proves nothing, so we presume the prosecution would be the ones calling him to testify.

Based on just the report we have seen with the wire tap, there would be absolutely no reason to subpoena Will Wade. The FBI and the government couldn't care less if Wade paid players. They're interested only in where the money comes from and the middle man. Nothing we have seen would trigger their interest.

If Will Wade is eventually subpoenaed by the government, it will be because they have discovered what they believe to be bribery with Will Wade involved. If they issue a subpoena, it won't be to call out a coach simply for paying a player.
Posted by Thorny
Montgomery, AL
Member since May 2008
2223 posts
Posted on 3/11/19 at 9:51 pm to
Actually, we don't know if he has been subpoenaed or not, just that the threat has been leaked. We also don't officially know which side the subpoena would come from, though most suggest it would come from the defense.

Even if Wade has done nothing wrong so far, him having a different recollection of what he tells someone than they have could still put him in a perjury trap situation. Because of how convoluted this case is, his attorney is correct in telling him to keep his mouth shut.

It was at one point possible for LSU to understand this, but apparently, they are getting different legal advice.
Posted by BillF
New York, New York
Member since Jan 2006
5792 posts
Posted on 3/11/19 at 10:06 pm to
I agree entirely that Wade's lawyers have advised him wisely in having him speak to no one. I would advise any client of mine the same under these same circumstances. Keep in mind, Will's lawyers don't know any more than we do at this point. He's not a party, and the prosecution isn't required to tell him a thing.
Posted by IMJ127
Death Valley
Member since Jul 2011
3640 posts
Posted on 3/11/19 at 10:24 pm to
quote:

Smart needs to accept improper benefits to give up his amateur status.

Wade needed to offer improper benefits to violate NCAA rules.


So play Smart until there is proof that he accepted anything. He shouldn't even be out!.
Posted by tigersnip
Member since Aug 2004
727 posts
Posted on 3/11/19 at 10:38 pm to
Have you been watching the Muller investigation about Russia? wake up.......
Posted by BillF
New York, New York
Member since Jan 2006
5792 posts
Posted on 3/11/19 at 10:51 pm to
If Wade has been served with a subpoena, it's pretty simple to discover it. The process server files a return withe clerk's office. It may take 2 or 3 days to get into the computer system, depending on how busy they are. Then you just call the clerk's office in the jurisdiction where the suit is pending and ask if he's been served. Anyone can do it. I would imagine he hasn't been served unless it was in the last day or two.
Posted by wm72
Brooklyn
Member since Mar 2010
9082 posts
Posted on 3/11/19 at 11:19 pm to
quote:

Will Wade hasn't been served with a subpoena, and it's not even certain that he will be. Apparently just a "tip" that he will be.

We don't even know which side would serve him unless I have missed something. I suspect it would be the prosecution.



It would be the opposite. Dawkins' defense team would be the ones supposedly wanting Wade and Miller to testify.


The logic is that the prosecution case against Dawkins centers on defrauding the universities by supplying / selling them ineligible players without their knowledge and therefore submitting them to risk of sanctions / lost revenue. The universities are therefore the "victims" of Dawkins' crime.


Calling Miller and Wade to testify --and why it seems that the defense attorneys have been the ones leaking their taped quotes -- would be to demonstrate that the highest ranking university representatives they have on the tape (these 2 or 3 head coaches) knew full well the players were ineligible and were willing participants instead of victims.



It seems very remote but one legal danger Wade, Miller etc face is that the feds could decide to prosecute them using the same logic as they have for Dawkins, arguing that they defrauded their own universities by knowingly bringing in players which subjected the university to sanctions and lost revenue.


This post was edited on 3/11/19 at 11:22 pm
Posted by Chasin Tail
Grassy Key
Member since Feb 2019
1081 posts
Posted on 3/11/19 at 11:46 pm to
quote:

It would be the opposite. Dawkins' defense team would be the ones supposedly wanting Wade and Miller to testify. 

The logic is that the prosecution case against Dawkins centers on defrauding the universities by supplying / selling them ineligible players without their knowledge and therefore submitting them to risk of sanctions / lost revenue. The universities are therefore the "victims" of Dawkins' crime. 

Calling Miller and Wade to testify --and why it seems that the defense attorneys have been the ones leaking their taped quotes -- would be to demonstrate that the highest ranking university representatives they have on the tape (these 2 or 3 head coaches) knew full well the players were ineligible and were willing participants instead of victims. 

This.
Posted by BillF
New York, New York
Member since Jan 2006
5792 posts
Posted on 3/12/19 at 12:07 am to
What the heck are you talking about? They're after the middle man because he defrauded the universities? He knew they would be intelligible so he sold them to the universities?

It's a bribery trial. Plain and simple. If he lied to Will Wade and every single coach and university, absolutely no one cares, and it isn't a crime.

This case has nothing to do with fraud. The prosecution's case has nothing to do with being fraudulent in his dealings with the coaches. They couldn't care less.

You think the FBI cares if he sold players he thought would be intelligible? That doesn't even register on their radar. That's merely an NCAA issue.
Posted by Boudreaux in SF
silicon valley
Member since May 2005
530 posts
Posted on 3/12/19 at 12:12 am to
quote:

We don't even know which side would serve him unless I have missed something. I suspect it would be the prosecution. The defense would have virtually nothing to gain unless they showed that Will Wade asked for money and the accused said no. That, of itself, proves nothing, so we presume the prosecution would be the ones calling him to testify.



The Defense would be calling Wade as a witness. The central tenet of the case is that the accused defrauded the Universities in question for which Dawkins has already been once convicted. The Wade conversation "supports" the defense theory that the Universities and coaches are complicit in this and therefore cannot be defrauded by said actions.
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