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Judge denies NCAA from using evidence uncovered in basketball scandal
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EarthBoundMisfit Offline
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Post: #1
Judge denies NCAA from using evidence uncovered in basketball scandal
A lot of schools, coaches sighing in relief....
09-03-2019 10:15 PM
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EarthBoundMisfit Offline
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Post: #2
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
(This post was last modified: 09-03-2019 10:20 PM by EarthBoundMisfit.)
09-03-2019 10:18 PM
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memtigbb Offline
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Post: #3
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
Since they know the evidence is out there, can't they still gather their own evidence?
09-03-2019 10:41 PM
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ncrdbl1 Offline
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RE: Judge denies NCAA from using evidence uncovered in basketball scandal
As soon as the investigation is over and trials are over the NCAA just has to file a FOI request and get any information they want. Judge did not tell them they could not use it just that they could not get access at the present time.
09-03-2019 10:45 PM
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EarthBoundMisfit Offline
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RE: Judge denies NCAA from using evidence uncovered in basketball scandal
(09-03-2019 10:41 PM)memtigbb Wrote:  Since they know the evidence is out there, can't they still gather their own evidence?


a court could make the parties involved tell the truth.
The NCAA doesn't have those kind of legal teeth.
09-04-2019 12:38 AM
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WiseMan Away
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Post: #6
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
(09-04-2019 12:38 AM)EarthBoundMisfit Wrote:  
(09-03-2019 10:41 PM)memtigbb Wrote:  Since they know the evidence is out there, can't they still gather their own evidence?


a court could make the parties involved tell the truth.
The NCAA doesn't have those kind of legal teeth.

Based on our 2008 strict liability infraction, the NCAA doesn’t need facts. There are scared of a few conferences but not ours. So LSU gets away with HEAD coach on tape talking about “fu***** strong assed offer”. Please don’t come back and say that could have been about something else.

I suspect LSU, AZ, Auburn, a few others are behind the motion to grant relief from evidence secured by feds.
(This post was last modified: 09-04-2019 10:26 AM by WiseMan.)
09-04-2019 10:25 AM
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macgar32 Offline
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Post: #7
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
(09-03-2019 10:45 PM)ncrdbl1 Wrote:  As soon as the investigation is over and trials are over the NCAA just has to file a FOI request and get any information they want. Judge did not tell them they could not use it just that they could not get access at the present time.

Exactly...

Unless the trial is finalized with a plea deal...

Then the evidence may never come out.
09-04-2019 12:11 PM
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Cletus Offline
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RE: Judge denies NCAA from using evidence uncovered in basketball scandal
.

The NCAA does not have the same legal authority as the court system.


The NCAA does not have the same legal authority as the court system.

NCAA investigators cannot subpoena witnesses or wield the power of discovery. They also have no authority to charge witnesses with perjury if they suspect dishonesty. Although the enforcement staff can charge student-athletes and individuals employed by an institution with unethical conduct for lying, that option is not available for individuals who fall outside the NCAA’s umbrella.

People with intimate knowledge of a violation often refuse to talk with investigators, avoid telephone calls or skip planned meetings. The NCAA can’t make everyone talk.

“That happens mostly with people who are not associated with the school directly and is often true with former student-athletes who have left the university,” said David Price, vice president of enforcement. “Many of the times they’ll be in professional athletics and just don’t want to get involved anymore. They are not obligated to. We try to get the institution to encourage them to talk to us. Sometimes we are successful and many times we are not.”

The threat of possible civil or criminal legal proceedings can also muzzle potential witnesses. If talking to an NCAA investigator could subject a witness to the court system, that person is less likely to be forthcoming.

.
09-04-2019 12:23 PM
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Marc Mensa Offline
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RE: Judge denies NCAA from using evidence uncovered in basketball scandal
This judicial ruling is brought to you by Nike... the good people at ESPN... the SEC... and Golden Flake Snack Foods, “one taste and you’re stuck on Golden Flake”
(This post was last modified: 09-04-2019 02:08 PM by Marc Mensa.)
09-04-2019 02:06 PM
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MemphisTigerPawr Offline
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Post: #10
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
(09-04-2019 12:11 PM)macgar32 Wrote:  
(09-03-2019 10:45 PM)ncrdbl1 Wrote:  As soon as the investigation is over and trials are over the NCAA just has to file a FOI request and get any information they want. Judge did not tell them they could not use it just that they could not get access at the present time.

Exactly...

Unless the trial is finalized with a plea deal...

Then the evidence may never come out.

It's not going to come out
09-04-2019 02:26 PM
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WiseMan Away
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Post: #11
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
(09-04-2019 12:23 PM)Cletus Wrote:  .

The NCAA does not have the same legal authority as the court system.


The NCAA does not have the same legal authority as the court system.

NCAA investigators cannot subpoena witnesses or wield the power of discovery. They also have no authority to charge witnesses with perjury if they suspect dishonesty. Although the enforcement staff can charge student-athletes and individuals employed by an institution with unethical conduct for lying, that option is not available for individuals who fall outside the NCAA’s umbrella.

People with intimate knowledge of a violation often refuse to talk with investigators, avoid telephone calls or skip planned meetings. The NCAA can’t make everyone talk.

“That happens mostly with people who are not associated with the school directly and is often true with former student-athletes who have left the university,” said David Price, vice president of enforcement. “Many of the times they’ll be in professional athletics and just don’t want to get involved anymore. They are not obligated to. We try to get the institution to encourage them to talk to us. Sometimes we are successful and many times we are not.”

The threat of possible civil or criminal legal proceedings can also muzzle potential witnesses. If talking to an NCAA investigator could subject a witness to the court system, that person is less likely to be forthcoming.

.

Nor do they need it.
(This post was last modified: 09-04-2019 03:21 PM by WiseMan.)
09-04-2019 03:20 PM
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memphisike Offline
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Post: #12
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
UNBELIEVABLE
09-04-2019 04:31 PM
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Marc Mensa Offline
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RE: Judge denies NCAA from using evidence uncovered in basketball scandal
The NCAA does not want the details of the FBI’s investigation released.
09-04-2019 05:08 PM
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cmt Offline
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Post: #14
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
(09-04-2019 05:08 PM)Marc Mensa Wrote:  The NCAA does not want the details of the FBI’s investigation released.

We have a winner! The NCAA is a sham. See the University of North Carolina and many other examples.
[Image: 61KhKEom6jL._SY355_.jpg]
09-04-2019 05:51 PM
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TigerBlue4Ever Offline
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RE: Judge denies NCAA from using evidence uncovered in basketball scandal
(09-04-2019 02:06 PM)Marc Mensa Wrote:  This judicial ruling is brought to you by Nike... the good people at ESPN... the SEC... and Golden Flake Snack Foods, “one taste and you’re stuck on Golden Flake”

So you're saying the fix is in...
09-05-2019 07:29 AM
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EarthBoundMisfit Offline
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Post: #16
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
(09-04-2019 05:51 PM)cmt Wrote:  
(09-04-2019 05:08 PM)Marc Mensa Wrote:  The NCAA does not want the details of the FBI’s investigation released.

We have a winner! The NCAA is a sham. See the University of North Carolina and many other examples.
[Image: 61KhKEom6jL._SY355_.jpg]

Memphis needs to sue the NCAA for its banner and wins back.
Hell Cal may even pitch in and help us with that.
09-05-2019 08:14 AM
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rc0213 Offline
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Post: #17
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
If the NCAA wanted, they can appeal it. It could possibly end up at SCOTUS.
09-05-2019 08:18 AM
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yakko Offline
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Post: #18
RE: Judge denies NCAA from using evidence uncovered in basketball scandal
(09-05-2019 08:14 AM)EarthBoundMisfit Wrote:  
(09-04-2019 05:51 PM)cmt Wrote:  
(09-04-2019 05:08 PM)Marc Mensa Wrote:  The NCAA does not want the details of the FBI’s investigation released.

We have a winner! The NCAA is a sham. See the University of North Carolina and many other examples.
[Image: 61KhKEom6jL._SY355_.jpg]

Memphis needs to sue the NCAA for its banner and wins back.
Hell Cal may even pitch in and help us with that.

as a member institution of the NCAA I don't think we're allowed to sue them.
09-05-2019 10:16 AM
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