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

Posted on 3/12/19 at 12:15 am to
Posted by Boudreaux in SF
silicon valley
Member since May 2005
530 posts
Posted on 3/12/19 at 12:15 am to
quote:

Then you just call the clerk's office in the jurisdiction where the suit is pending and ask if he's been served.


Or check PACER for court documents in the case.
Posted by wm72
Brooklyn
Member since Mar 2010
9425 posts
Posted on 3/12/19 at 12:29 am to
https://www.justice.gov/usao-sdny/press-release/file/1051216/download


I'm talking about the Dawkins case that Wade, Miller et al may be called to testify in. . .

What I summarized in my first post is explained in paragraph 3 of the federal indictment linked above. The logic by which prosecution argues NCAA rules make this a fraud against the Universities involved is a bit further down.


It is crystal clear and pretty much the exact opposite of what you are saying.



Again, the defense seems to want to prove that the coaches (Wade, Miller, et al) were fully knowledgeable and willing participants as representatives of their universities.

Whether the judge will allow that line of argumentation from the defense is not clear. I assume this why some people say there's some chance Wade, Miller etc never testify.


None of this is what "I think". It's simply what I read in the actual justice department press release.


This post was edited on 3/12/19 at 12:41 am
Posted by BillF
New York, New York
Member since Jan 2006
5792 posts
Posted on 3/12/19 at 12:45 am to
It's an interesting opinion, but I'm not sure anyone has been charged with fraud in this case. I honestly haven't followed it closely, nor do I intend to, but I thought it was about bribery. Maybe I'm wrong.
Posted by wm72
Brooklyn
Member since Mar 2010
9425 posts
Posted on 3/12/19 at 1:05 am to
quote:

It's an interesting opinion, but I'm not sure anyone has been charged with fraud in this case.


It is specifically the fraud against the universities charge --that is the only charge in the indictment I linked above -- that has prompted Dawkins' legal team to attempt to call these coaches as witnesses.

I'm certainly not claiming to be an expert --if you read that indictment you'll know everything I do -- but this is the precise part that is of pretty grave concern to Wade and all the other coaches that may be possibly called.

If the judge allows it, the defense will try to establish that these coaches were fully knowledgeable of and participants in the system of payments to players that made them ineligible.

Posted by LSUfanaddict
somewhere in TX
Member since Apr 2007
2246 posts
Posted on 3/12/19 at 1:27 am to
I am no lawyer but this seems pretty clear from the leak: Wade says an "offer" was made and that it would "take care of the player and his mother." This sounds like an offer of improper benefits was made. It seems to open up LSU for sanctions from the NCAA. Correct me if I am wrong, but didn't Wade say "we?" Who is "we?" Could it be Alleva or members of the LSU Administration? This seems to go further than Wade. Now we do not know conclusively if Smart or his mother ever ACCEPTED? This is BAD and these DUMBASSES like the one with #FreeMyWilly" just show their utter ignorance and lack of character.
Posted by BillF
New York, New York
Member since Jan 2006
5792 posts
Posted on 3/12/19 at 1:29 am to
I haven't looked at the present suit to compare it to any adjudicated suit. I don't know the similarities or the differences. It doesn't interest me enough. I still disagree with a law school professor over the Asahi Metal case in law school.

I can disagree with my doctor or contractor, though they have much more experience than my hour of internet research. I practiced mass tort defense for 37 years, and it still doesn't bother me if someone disagrees with me. Law isn't science. Nothing is a guarantee.
Posted by LSUfanaddict
somewhere in TX
Member since Apr 2007
2246 posts
Posted on 3/12/19 at 1:34 am to
I don't know if you meant me, but I am just a simple fan offering a nonprofessional opinion. I am not debating anyone.
Posted by BillF
New York, New York
Member since Jan 2006
5792 posts
Posted on 3/12/19 at 1:55 am to
No, I didn't mean anyone. I'm a 65-yr-old retired lawyer who enjoys LSU sports with no particular expertise on anything. My area was mass torts. Give me diet drug defense and I'm the guy.

As an aside, I worked in New York representing Wyeth Pharmaceuticals in the diet drug litigation and shared an apartment for three years with the actress Rooney Mara. I'm clearly a man of great patience.
Posted by LSUfanaddict
somewhere in TX
Member since Apr 2007
2246 posts
Posted on 3/12/19 at 1:59 am to
The leak sounds pretty damning from an NCAA rules and possibly a federal point of view. I believe rules should be followed or should be changed. However, if what Wade says is true, and he is cleared, I will be overjoyed because it paves the way for LSU to finally become Elite again.
Posted by JohnnyU
Florida
Member since Nov 2006
12963 posts
Posted on 3/12/19 at 6:55 am to
quote:

Question to all the Legal Experts (NCAA)


Yeah, because there are legions of those on The Rant?
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
14818 posts
Posted on 3/12/19 at 7:13 am 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..................




that is the "official Stance" but the off the record stance is, by not meeting, both sides have "plausible deniability" and neither side has to adopt a narrative at his stage of the game
Posted by des4271
Member since Oct 2014
4683 posts
Posted on 3/12/19 at 7:56 am to
The stupidity is abound with the powers that be, if there is wrongdoing, the whole season, record and championship is lost and suspending WW and sitting out Smart would be a minimal help when it comes to sanctions handed down by the NCAA. They should have rode it out and let the chips fall where they may. The damage control tactics just make it look worse and gives the judgmental media pundits plenty to try to crucify WW, players and LSU.
Posted by honeybadger07
The Woodlands
Member since Jul 2015
4277 posts
Posted on 3/12/19 at 8:51 am to
quote:

I don't know the similarities or the differences. It doesn't interest me enough


Can you stop posting if this doesn’t interest you enough. Good lord, you are on here spitting out your legal BS you claim to know, yet can’t take 10 minutes to go read up on the actual case. This doesn’t interest you enough, yet here you are spending your time discussing it over and over. Just STFU so people are not mislead with your lazy BS input.
Posted by Tigers eyes
Member since Nov 2018
2649 posts
Posted on 3/12/19 at 8:57 am to
quote:

Wade needed to offer improper benefits to violate NCAA rules.

But at what level does the NCAA consider an offer versus an actual transaction. I guarantee the penalty for actual transaction is more harsh than simply making an offer.
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