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NCAA punishes USC - Reggie Bush, OJ Mayo, Dwayne Jarrett, Joe McKnight investigation

Damn amazing. The NCAA outlaws the private jet so PC moves into the UPS truck strategy. Brilliant. "What can Brown do for you?" has taken on a whole new meaning.

No wonder the man is the best recruiter in the country.
 
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http://sports.espn.go.com/ncf/news/story?id=2433919

California law could help Bush, family in dispute
By Joe Schad
Special to ESPN.com

A California law governing the action of sports agents could help Reggie Bush in his family's dispute with a fledgling marketing company that tried to sign the Heisman Trophy winner.

The Bush camp said it believes that New Era Sports & Entertainment, notably investors Michael Michaels and Lloyd Lake and sports agent David Caravantes, violated California's Athlete Agent Act, which, if breached, could not only result in damages for a student-athlete adversely affected but also cause the forfeiture of any repayments.

Bush's representatives, who have portrayed New Era's demands of $3.2 million as a type of extortion, said they believe that the company did not follow proper filing or disclosure procedures in California and violated a provision of the act by claiming in marketing materials that Caravantes was CEO of New Era -- which Caravantes now denies.

The attorney for New Era, Brian Watkins, has said the company is owed $54,000 in unpaid rent from the Bush family, which resided in a San Diego-area home built by Michaels, as well as loans and punitive damages.

Watkins did not return calls to his office Wednesday or Thursday.

As the NCAA and Pac-10 step up the investigation, ESPN has learned that the attorney representing the family, David Cornwell, is considering a civil suit against New Era.

According to the Athlete Agent Act, a student-athlete would be presumed to have been adversely affected by the acts of the "athlete agent" if, because of those acts, he is suspended or disqualified, or suffers financial damages, or both.

If it is determined that either Bush or his family received extra benefits, the Pac-10 and/or NCAA could determine that he should have been ineligible last season.

In that case, the Bush camp would likely argue that it was because of actions of New Era. Because of violations of the act, they would contend, Bush's family would not be responsible to make repayments.

The act also states that an institution adversely affected may take civil action against the offending athlete agent, though it is not known if USC would consider such action.
 
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but they would still have received extra benefits, right?
Yes. This situation doesn't change anything in regards to the NCAA, PAC-10, and the potential for violations.

The purpose of the law is to protect an athlete and University from a smear campaign by an agent or marketing company. In this case, Bush, the Griffins, and their legal team would contend that the timing of this mess hurt Bush's draft stock, costing him xxx million of dollars in signing bonus and conceivably tens of millions in potential marketing revenue now that he's stuck with the New Orleans Ain'ts and is less appealing as a pitch-man due to allegations surrounding his eligibility and his families' business practices.

Let's face it, if Bush were in a major market like LA, NYC, or Chi-town, his endorsement potential goes through the roof vs. being in NOLA. Compound this with the perception that he was the star of a dirty program, was ineligible to play, etc ...

Imagine the damage to his career as a product spokesman if he were actually stripped of his Heisman, or even if it were so mundane as EA Sports not putting him on the cover of a video game for one year?

This has almost certainly already cost him tens of millions of dollars, so the law allows for the family to file a civil action against New Era Sports.
 
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My question is, if Fred is only having to pay .32 cents to mail a letter, then where is he getting the other .05 cents? And if he starts using those .42 cent stamps, then who is going to be responsible for the other .10 cents?

If stamps are 39 cents, and he thinks 32 cents leaves him 5 cents short, what will he score on the Wonderlic? :tongue2:
 
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The law gives New Era incentive to not talk to the NCAA. If they do and the NCAA declares Bush ineligible, New Era can be sued by both Bush and USC. It could also mean New Era wouldn't be able to sue Bush.

This is a tough time over on the USC board, the other night there was some concern that the person Mark Sanchez was accused of having sex with was a man.
 
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Yes. This situation doesn't change anything in regards to the NCAA, PAC-10, and the potential for violations.

The purpose of the law is to protect an athlete and University from a smear campaign by an agent or marketing company. In this case, Bush, the Griffins, and their legal team would contend that the timing of this mess hurt Bush's draft stock, costing him xxx million of dollars in signing bonus and conceivably tens of millions in potential marketing revenue now that he's stuck with the New Orleans Ain'ts and is less appealing as a pitch-man due to allegations surrounding his eligibility and his families' business practices.

Let's face it, if Bush were in a major market like LA, NYC, or Chi-town, his endorsement potential goes through the roof vs. being in NOLA. Compound this with the perception that he was the star of a dirty program, was ineligible to play, etc ...

Imagine the damage to his career as a product spokesman if he were actually stripped of his Heisman, or even if it were so mundane as EA Sports not putting him on the cover of a video game for one year?

This has almost certainly already cost him tens of millions of dollars, so the law allows for the family to file a civil action against New Era Sports.

Anyone have the condensed version of this law? I won't speculate too much, but how is New Era responsible for the timing of this news being released? They were trying to say nothing and come to a quiet settlement after the draft. The Bushs' and the NFL forced their hand by accusing them of extortion. Additionally, how is New Era responsible for the position the Bushs' entered willingly? It's not like they 'tricked' the Bushs' into a new $750,000 home. Sounds to me like the law is to protect athletes from Agents that are smearing them in an effort to bolster someone else's draft status ... not the case here. They just want their cash back. It looks like the law is to prevent an agent from 'hoodwinking' a prospective athlete. Again, doesn't seem to be the case here if RBs stepfather was indeed a party to the creation of this 'agency'.

"Oh those darn sneeky corrupt agents. They are BAD, BAD, BAD!"
"Um, weren't you the one with the idea to create this agency Mr. Griffin?"
"Uh ... no comment"
 
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Sounds to me like the law is to protect athletes from Agents that are smearing them in an effort to bolster someone else's draft status ... not the case here.
It would also protect an athlete from getting hammered by an agent that they declined to sign with, or an agent from spreading any rumor that would negatively effect one players status, and therefore financial well being, for the benefit of the agency.

The timing is coincidental. Obviously, Bush going from 1 to 2 probably would've happened anyway. But that doubt will always be there ... that New Era felt used and was trying to extort money from the Griffins & Bush.
 
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This is a tough time over on the USC board, the other night there was some concern that the person Mark Sanchez was accused of having sex with was a man.

I'm guessing that was caused by this poorly-worded phrase in the article shown in post #377 of this thread.

The alleged victim, also a USC student, lives in the same apartment complex and met Sanchez sometime after 1:30a.m. last Thursday morning, when friends dropped him off after spending the night at an off-campus bar.

The wording didn't make it clear if the "him" was Sanchez or the victim. I thought it was pretty safe to assume the 'him' was Sanchez, since if the victim were a guy that would have been prominently reported.
 
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It would also protect an athlete from getting hammered by an agent that they declined to sign with, or an agent from spreading any rumor that would negatively effect one players status, and therefore financial well being, for the benefit of the agency.

The timing is coincidental. Obviously, Bush going from 1 to 2 probably would've happened anyway. But that doubt will always be there ... that New Era felt used and was trying to extort money from the Griffins & Bush.

I guess I don't see how telling the truth (if everything New Era claims is eventually proven factual) can be construed as an attempt to negatively affect an athlete. They said nothing about RBs ability. Are they not allowed to say that the Griffin's own them money (if that is indeed the case)? Are they not entitled to recover money that is due them (if that is the case)? There is a fine line here to be sure, but if New Era is telling the truth, then ALL the damage caused here was caused by RB and the Griffins. Otherwise this is the scenario:

Player and family mislead business associates/agent and create a joint venture.
They defraud them/him out of thousands of dollars and the use of property.
When asked for money, player and family accuse them of extortion.
To defend extortion charge they reveal financial arrangements.
Player and family then also get to sue business associates for additional money.
Player and family suffer no repercussions, screw business partners over twice and USC and its fans are raked over the coals.

Summary: Create situation. Profit from it. Profit from it again and blame those that must pay you (again). Screw USC and fans as a bonus.

Sound logical? Obviously, I'm assuming that New Era is telling the truth. Probably not the case ... at least not the whole case.
 
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Report: USC Received Unfair Advantage by Playing in the Pac-10

A new allegation levied against USC’s embattled football team today claims the Trojans have unfairly benefited for years by playing against one of the softest schedules in the entire country.

The anonymous report, delivered this morning to NCAA president Myles Brand, claims USC has built its dynasty by playing in the Pac-10 Conference, easily the weakest of all the supposed major football conferences in the country.

“USC has had many allegations thrown at them in recent weeks, and we need to take our time and weigh each of them individually,” said Brand. “But if this one is true about them playing in the Pac-10, well – they should be ashamed. And if it is true, rest assured that the NCAA will strip them of their national championship. No champion should be allowed to get fat by playing such a schedule full of patsies. It’s unfair to those schools who are actually forced to compete week in and week out.”

The report claims USC’s schedule has been filled in recent years with the likes of Washington, Washington State, Arizona, Oregon State, and Stanford, among others.

“Don’t get me wrong, Reggie Bush, Matt Leinart and LenDale White were all good college players,” said Brand. “But let me go against a Pac-10 defense and I’ll get you 100 yards, too. Heck, I might even win the Heisman, and I’m in my mid-60s.”

If the allegations hold, Brand said he will recommend that recent USC Heisman winners – Carson Palmer, Leinart and Bush – be stripped of the award.

The Downtown Athletic Club, who awards the Heisman Trophy, said they are greatly disturbed by USC’s reported link to the Pac-10.

“We seek to award the college player who has performed the best against the best competition,” said a spokesman. “But we can’t be having such a taint affixed to the award. Reggie Bush’s parents getting a house is one thing, but it would be wrong for us to overlook such an unsavory association with mediocrity. No one would respect the Heisman Trophy anymore.”

According to the report, USC knowingly tried to cover up its association with the Pac-10.

“By doing everything possible to hype their annual match-up with Notre Dame, USC knowingly tried to put all attention on that game in hopes everyone would focus on that and forget about who they play on the rest of their schedule,” says the report. “Unfortunately for them, it all came crashing down when they needed luck to slip by the Irish, and then lost to Texas in the national championship game.”

USC has yet to respond to the allegations, but a source inside the school’s football department confirmed numerous Pac-10 teams are on the Trojans’ 2006 schedule.

<!--EZCODE AUTOLINK START-->www.sportspickle.com/feat...3-usc.html<!--EZCODE AUTOLINK END-->

<!--EZCODE EMOTICON START :lol -->
laugh.gif
(from audibles)
 
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I guess I don't see how telling the truth (if everything New Era claims is eventually proven factual) can be construed as an attempt to negatively affect an athlete. They said nothing about RBs ability. Are they not allowed to say that the Griffin's own them money (if that is indeed the case)? Are they not entitled to recover money that is due them (if that is the case)? There is a fine line here to be sure, but if New Era is telling the truth, then ALL the damage caused here was caused by RB and the Griffins. Otherwise this is the scenario:

Player and family mislead business associates/agent and create a joint venture.
They defraud them/him out of thousands of dollars and the use of property.
When asked for money, player and family accuse them of extortion.
To defend extortion charge they reveal financial arrangements.
Player and family then also get to sue business associates for additional money.
Player and family suffer no repercussions, screw business partners over twice and USC and its fans are raked over the coals.

Summary: Create situation. Profit from it. Profit from it again and blame those that must pay you (again). Screw USC and fans as a bonus.

Sound logical? Obviously, I'm assuming that New Era is telling the truth. Probably not the case ... at least not the whole case.
Well, my interpretation of this is that the Griffin's & Reggie Bush will contend that New Era was below the board on their negotiations -- obviously, since the Griffin's allegedly were too. Where New Era's problem lies is that there is existing state regulations that govern their conduct as professional athlete agents. No such laws exist for the athlete himself or his parents.

The Athlete Agent Act referred to in the above article is the "Miller-Ayala Athlete Agents Act." The key is not to overlook the Griffin's first contention, that New Era Sports misrepresented themselves and their company structure from the outset. Their argument is:
the company did not follow proper filing or disclosure procedures in California and violated a provision of the act by claiming in marketing materials that Caravantes was CEO of New Era -- which Caravantes now denies.
By law, New Era Sports must have certain papers/forms/legalese on file in the state of California to conduct business as an athlete agency. The Griffins will contend that either those records are false, invalid or non-existant, or that the representation of the existence or content of those records was false or invalid.

If any contracts or agreements did exist with New Era, they became null and void the moment Caravantes began denying he was the CEO of the company, or when New Era began printing marketing materials that misrepresented Caravantes envolvement in the agency. There is the other issue regarding whether this was all just a nudge nudge, wink wink verbal agreement -- neither the Griffins nor Bush ever actually signed anything.

So, if New Era had not filed the proper paper work to begin with, either with the state or with the Griffins, or lied about that, then the Griffins are not obligated to repay anything -- they were lied to from the outset. Additionally, since this incident (presumably) resulted in damage to the Griffins' and Bush's reputations, they may have grounds for a civil suit claiming monetary damages.

I'm not saying that's right ... I'm just saying that's what I gather from the sequence detailed in the article.
 
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