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NCAA basketball coaches among 10 charged with fraud and corruption

Discussion in 'BBS Hangout' started by leroy, Sep 26, 2017.

  1. DonnyMost

    DonnyMost Member
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    Putting college sports on TV turned out to be a terrible idea.
     
  2. heypartner

    heypartner Member

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    Shouldn't he be arrested now, too? The NCAA can do what they want within their rules, but the arrests of asst coaches for breaking the law...??? What Law?? This could be an attempt at changing the criminal law to include and protect the definition of amateurism of "student-athletes."

    Unbelievable
     
  3. heypartner

    heypartner Member

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    I also find it odd that this sting only targeted basketball, and not football. Football players need more time to grow in college, so less a threat to lose them??

    The One and Done movement of basketball is a big threat to college sports money. Keeping agents away from those students can only help. And the CBA allowing 2-way minor league contracts pushing D-League salaries from a $30k max to $275k for 60 more players is also a threat. Not just the big names leave, but now undrafted players have a chance at 2-way deals.
     
  4. Newlin

    Newlin Member

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    At least Louisville still has the very classy Bobby Petrino as their football coach.
     
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  5. heypartner

    heypartner Member

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    Read these official statements from the press conference by US Attorney of Southern NY and Asst Director of the FBI running the NY Field office. These are guys who are usually hunting organized crime and counter terrorism. Now they are operating sting operations to arrest asst coaches and Adidas execs for "funneling cash to families" and getting introductions to the kids to become financial advisors for their future, and pitch "lucrative business deals" for the kids.

    See if you can read the NCAA hypocrisy of these quotes without throwing up, noting asst coaches got arrested and are out on $50k - $100k bail facing 80 yrs of jail time.

    https://www.justice.gov/usao-sdny/p...als-including-four-division-i-coaches-college

    Acting Manhattan U.S. Attorney Joon H. Kim said: “The picture of college basketball painted by the charges is not a pretty one – coaches at some of the nation’s top programs taking cash bribes, managers and advisors circling blue-chip prospects like coyotes, and employees of a global sportswear company funneling cash to families of high school recruits. For the ten charged men, the madness of college basketball went well beyond the Big Dance in March. Month after month, the defendants allegedly exploited the hoop dreams of student-athletes around the country, treating them as little more than opportunities to enrich themselves through bribery and fraud schemes. The defendants’ alleged criminal conduct not only sullied the spirit of amateur athletics, but showed contempt for the thousands of players and coaches who follow the rules, and play the game the right way.”
    Quit using the word "Bribes" in a legal context. Let's see you win a conviction on that word, first.

    FBI Assistant Director William F. Sweeney Jr. said: “Today’s charges detail a corrupt practice in which highly rated high school and college basketball players were steered toward lucrative business deals with agents, advisors, and an international athletics apparel company. As alleged, NCAA Division I and AAU coaches created a pay-to-play culture, agreeing to provide access to their most valuable players while also effectively exerting their influence over them. Today’s arrests should also serve as a warning to those who conduct business this way in the world of college athletics.”

    It's all about that last sentence...scare tactics to obey the NCAA Rules and definition of "Amateurism", because they know they aren't getting any convictions.
     
    #45 heypartner, Sep 27, 2017
    Last edited: Sep 27, 2017
  6. Astrodome

    Astrodome Member

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    What is that agency's conviction rate?
     
  7. BigMaloe

    BigMaloe Member

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    Touchy subject for HeyP it seems.

    Very passionate. I am impress
     
  8. dharocks

    dharocks Member

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    He'd be more persuasive if he'd just give up this whole deranged act (provided it is an act). As it is, he makes it awfully difficult on people who may be inclined to agree with him.
     
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  9. BigMaloe

    BigMaloe Member

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    Lol yeah I can understand you.

    I mean I agree with him but I can see it comes off as belittling to be sarcastic(which is fine with me) because it appears to insinuate that if you believe anything he doesn't, your a flat out moron.

    Which, ironically, is probably right lol
     
  10. J.R.

    J.R. Member

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  11. Buck Turgidson

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    His niece he wants to bang is a college athlete.
     
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  12. heypartner

    heypartner Member

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    Here are the charges and their definitions, the best I can find. This is all from Title 18 code of US. Bribery is Chapter 11. Bribery and Honest Services are primarily in place for crimes involves public officials in executing their public duty. It's for corruption of government.

    [​IMG]

    Bribery conspiracy

    The federal bribery statute, 18 U.S.C. § 201(b), criminalizes the corrupt promise or transfer of any thing of value to influence an official act of a federal official, a fraud on the United States, or the commission or omission of any act in violation of the official's duty.[33]

    (b) Whoever –

    (1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent –
    (A) to influence any official act; or
    (B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
    (C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;
    (2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:
    (A) being influenced in the performance of any official act;
    (B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
    (C) being induced to do or omit to do any act in violation of the official duty of such official or person . . .
    Interpretation -- Sun-Diamond defined the nexus as follows: "We hold that, in order to establish a violation of 18 U.S.C. § 201(c)(1)(A), the Government must prove a link between a thing of value conferred upon a public official and a specific 'official act' for or because of which it was given."​
    Honest services fraud conspiracy

    Although the law is most often applied to corrupt public officials, several federal courts have upheld honest services fraud convictions of private individuals who breached a fiduciary duty to another, such as an employer.

    Generally, the federal circuit courts have adhered to one of two approaches when dealing with honest services fraud cases. One, the "reasonably foreseeable economic harm" test, requires that the defendant intentionally breached his fiduciary duty and "foresaw or reasonably should have foreseen" that his actions could cause economic harm to his victim (what? is the victim the NCAA, lulz). The other, the "materiality" test, requires that the defendant possessed a fraudulent intent and made "any misrepresentation that has the natural tendency to influence or is capable of influencing" the victim to change his behavior.
    Wire fraud conspiracy

    This is way too deep of a subject, and too complicated for me to present. But, like the Travel Act, this is mostly charged in connection with the illegal activity of Bribery or Honest Services Fraud. Can anyone chime in on this?
    The Travel Act

    The Travel Act, 18 U.S.C. § 1952, criminalizes the use of interstate travel or the mail to distribute the proceeds of, or promote or manage, unlawful activity, including extortion or bribery.

    Key word here is "unlawful activity." This charge unravels if the Bribery and Honest Services charges are dropped.​
     
    #52 heypartner, Sep 27, 2017
    Last edited: Sep 27, 2017
  13. heypartner

    heypartner Member

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    According to my brother who studies federal crimes, the Southern District of NY is "notorious for its treatment of US citizens." I take it they have the highest amount of organized crime cases.

    Few think they can convict on Bribery and Honest Services ... these aren't public officials or SEC Securities Fraud by financial advisors....the latter is what the FBI's sting witness they used was convicted for.
     
  14. JayZ750

    JayZ750 Member

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    Is this a copy/paste job, or did you do all that formatting yourself?!?!?!?!
     
  15. heypartner

    heypartner Member

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    both. The numbering/lettering is a cut/paste, but indentation didn't copy over.
     
  16. gucci888

    gucci888 Member

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    Commercial bribery is illegal in most states which would meet the "unlawful" element needed under wire fraud or the Travel Act. Not saying this is where they are going with it but certainly the FBI is not hanging their hat that these guys were public officials.
     
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  17. BigMaloe

    BigMaloe Member

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    Hmm, maybe he is listed in the investigation :eek:
     
  18. heypartner

    heypartner Member

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    Can charges of breaking state law (but no Federal Law) be filed in US federal courts. Guess I was going by these must be federal charges, since they are indeed being tried in federal court.
     
  19. heypartner

    heypartner Member

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    Sorry, being sarcastic was just my response to the "So, you think the NCAA is pulling the FBI's strings" method of discussion.

    At least I still presented the actual charges while being sarcastic about them. :)
     
    #59 heypartner, Sep 27, 2017
    Last edited: Sep 27, 2017
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  20. SWTsig

    SWTsig Member

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    serious question hp - do you have a job? retired? trust fund?? you seemingly have an infinite amount of time to post incredibly detailed, well formatted posts with an almost unwavering ferocity. certainly there are better things you can be doing with your time.
     
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