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

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3yards - You have a point, but the thing you need to remember, is that lawyers are involved, and lawyers are slimy bastards. :biggrin:

Seriously, running a smear campaign is highly successful in both public litigation and public office. We've all seen the numerous election commercials out, where the Democratic candidate blatantly insults his fellow Democratic candidate, and vice versa. This is no different. The Bush's are clearly in the wrong, and in order to deflect accusations and in an attempt to forfeit their debt, they have initiated a smear campaign against New Era. At least, that's my best guess, using the facts we have so far (which I'm sure are quite limited as compared to what will eventually come out).
 
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jwinslow said:
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.

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:slappy: :lol: :slappy: :lol: :slappy:
 
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Dryden said:
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.
Click to expand...

If they are false, invalid or non-existant, how can this law/regulation apply to them?

FKA, lawyers are slimy bastards ... check. I will remember that from here on out you slimy ... er ... sly devil :)
 
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3yardsandacloud said:
If they are false, invalid or non-existant, how can this law/regulation apply to them?
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I can't find the specific verbiage for the Miller-Ayala Athlete Agents Act, only summaries. I would assume that as part of that act that ensures proper and professional representation, Joe Everyman is not allowed to impersonate being a sports agent.

Like any other practice/business where you need a license to conduct a specific aspect of that business, failure to comply and enforcement penalties are usually defined by the same law or regulation.
 
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I think I have found most of the pertinent documents for the California Althlete/Agent law:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=bpc&codebody=athlete+agent&hits=20


Here is the first one:

CALIFORNIA CODES
BUSINESS AND PROFESSIONS CODE
SECTION 18897-18897.5




18897. Every agent contract shall be in writing and shall include a
description of the types of services to be performed and a schedule
of the fees to be charged under the contract.



18897.1. The following shall be printed on the first page of every
agent contract in boldface type at least two points larger than any
other type on the page: "This athlete agent has current public
disclosure information on file with the California Secretary of State
as required by the Miller-Ayala Athlete Agents Act, Chapter 2.5
(commencing with Section 18895) of Division 8 of the Business and
Professions Code, which also includes other protections for athletes.
Filing of the required information does not imply approval by the
California Secretary of State of the terms and conditions of this
agent contract or the competence of the athlete agent."



18897.2. A trust fund shall be established when an athlete agent is
the recipient of the athlete's salary. An athlete agent who
receives any payment on behalf of the athlete shall immediately
deposit the payment in a trust fund account maintained by the athlete
agent in a state or federally chartered financial institution.




18897.23. (a) Every athlete agent shall maintain records which
include the following information:
(1) The name and address of each person employing the athlete
agent.
(2) The amount of fee received from that person.
(b) No athlete agent or athlete agent's representative or employee
shall make any false entry in the records. All records required by
this section shall be kept for at least seven years.
(c) This section does not apply to any business of the athlete
agent other than the athlete agent business.



18897.27. No athlete agent shall have an ownership or financial
interest in any entity that is directly involved in the same sport as
a person with whom the athlete agent has entered into an agreement
contract, for whom the athlete agent is attempting to negotiate an
endorsement contract, financial services contract or professional
sports service contract, or for whom the athlete agent provides
advice concerning potential or actual employment as a professional
athlete.


18897.27. No athlete agent shall have an ownership or financial
interest in any entity that is directly involved in the same sport as
a person with whom the athlete agent has entered into an agent
contract, or for whom the athlete agent is attempting to negotiate an
endorsement contract, financial services contract, or professional
sports service contract, or for whom the athlete agent provides
advice concerning potential or actual employment as a professional
athlete.


18897.3. If an athlete agent or athlete agent's representative or
employee provides financial services to a professional athlete or
student athlete or advises the athlete concerning investment of
funds, the athlete agent shall disclose to the athlete any ownership
interest the athlete agent, representative or employee has in any
entity regarding which the athlete agent, representative or employee
is providing financial services or giving advice, and any commission
the athlete agent, representative or employee will receive from the
athlete's investment.



18897.33. No athlete agent shall knowingly enter into a contract
containing any term or condition that, if complied with, would be in
violation of law, or attempt to fill an order for help to be employed
in violation of the law.


18897.37. No athlete agent or athlete agent's representative or
employee shall publish or cause to be published any false,
fraudulent, or misleading information, representation, notice, or
advertisement. No athlete agent or athlete agent's representative or
employee shall give any false information or make any false promises
or representations concerning any employment to any person.



18897.4. All forms of advertising used by an athlete agent shall
include the name and business address of the athlete agent.



18897.43. No athlete agent shall knowingly secure employment for
persons in any place where a strike, lockout, or other labor trouble
exists, without notifying the person of those conditions.



18897.47. No athlete agent shall divide fees with or receive
compensation from a professional sports league, team, or other
organization or its representatives or employee, or offer or allow
any full-time employee of a union or players' association connected
with professional sports to own or participate in any of the revenues
of the athlete agent.



18897.5. No athlete agent shall negotiate or enter into any
postdated agent contract, endorsement contract or professional sports
services contract or any agent contract, endorsement contract or
professional sports services contract that purports to or takes
effect at a future time.
 
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Next (This looks to be the section we have seen referenced):

CALIFORNIA CODES
BUSINESS AND PROFESSIONS CODE
SECTION 18897.8-18897.97




18897.8. (a) Any professional athlete, or any student athlete, or
any elementary or secondary school, college, university, or other
educational institution, or any league, conference, association, or
federation of the preceding educational institutions, or any other
person may bring a civil action for recovery of damages from an
athlete agent, if that professional athlete, that student athlete,
that institution, any member of that league, conference, association,
or federation, or that other person is adversely affected by the
acts of the athlete agent or of the athlete agent's representative or
employee in violation of this chapter. A student athlete is
presumed to be adversely affected by the acts of an athlete agent,
representative or employee in violation of this chapter if, because
of those acts, the student athlete is suspended or disqualified from
participation in one or more interscholastic or intercollegiate
sports events by or pursuant to the rules of a state or national
federation or association for the promotion and regulation of
interscholastic or intercollegiate sports, or suffers financial
damage, or suffers both suspension or disqualification and financial
damage. An educational institution is presumed to be adversely
affected by the acts of an athlete agent or of an athlete agent's
representative or employee in violation of this chapter if, because
of those acts, the educational institution, or one or more student
athletes admitted to or enrolled in the educational institution, is
suspended or disqualified from participation in one or more
interscholastic or intercollegiate athletic events by or pursuant to
the rules of a state or national federation or association for the
promotion and regulation of interscholastic or intercollegiate sports
events by or pursuant to the rules of a state or national federation
or association for the promotion and regulation of interscholastic
or intercollegiate sports, or suffers financial damage, or suffers
both suspension or disqualification and financial damage.
(b) A plaintiff that prevails in a civil action brought under this
section may recover actual damages, or fifty thousand dollars
($50,000), whichever is higher; punitive damages; court costs; and
reasonable attorney's fees. An athlete agent found liable under this
section is also subject to forfeiture of any right of repayment for
anything of benefit or value provided to a student athlete, and shall
refund any consideration paid to that athlete agent by or on behalf
of the student athlete.
(c) It is the intent of the Legislature in enacting this section
to encourage enforcement of this chapter through private civil
actions.


18897.8. (a) Any professional athlete, or any student athlete, or
any elementary or secondary school, college, university, or other
educational institution, or any league, conference, association, or
federation of the preceding educational institutions, or any other
person may bring a civil action for recovery of damages from an
athlete agent, if that professional athlete, that student athlete,
that institution, any member of that league, conference, association,
or federation, or that other person is adversely affected by the
acts of the athlete agent or of the athlete agent's representative or
employee in violation of this chapter. A student athlete is
presumed to be adversely affected by the acts of an athlete agent,
representative or employee in violation of this chapter if, because
of those acts, the student athlete is suspended or disqualified from
participation in one or more interscholastic or intercollegiate
sports events by or pursuant to the rules of a state or national
federation or association for the promotion and regulation of
interscholastic or intercollegiate sports, or suffers financial
damage, or suffers both suspension or disqualification and financial
damage. An educational institution is presumed to be adversely
affected by the acts of an athlete agent or of an athlete agent's
representative or employee in violation of this chapter if, because
of those acts, the educational institution, or one or more student
athletes admitted to or enrolled in the educational institution, is
suspended or disqualified from participation in one or more
interscholastic or intercollegiate athletic events by or pursuant to
the rules of a state or national federation or association for the
promotion and regulation of interscholastic or intercollegiate
sports, or suffers financial damage, or suffers both suspension or
disqualification and financial damage.
(b) A plaintiff that prevails in a civil action brought under this
section may recover actual damages, or fifty thousand dollars
($50,000), whichever is higher; punitive damages; court costs; and
reasonable attorney's fees. An athlete agent found liable under this
section also shall forfeit any right of repayment for anything of
benefit or value provided to a student athlete, and shall refund any
consideration paid to that athlete agent by or on behalf of the
student athlete.
(c) It is the intent of the Legislature in enacting this section
to encourage enforcement of this chapter through private civil
actions.


18897.83. Every athlete agent shall maintain an agent for service
of process in California.



18897.87. Every athlete agent shall provide security for claims
against the athlete agent or the athlete agent's representatives or
employees based upon acts, errors, or omissions arising out of the
business of the athlete agent through either one or an aggregate of
both of the following:
(a) A policy or policies of insurance against liability imposed on
or against the agent by law for damages arising out of claims in an
amount for each claim of at least one hundred thousand dollars
($100,000).
(b) In trust or bank escrow, cash, bank certificates of deposit,
United States Treasury obligations, bank letters of credit, or bonds
of insurance companies as security for payment of liabilities imposed
by law for damages arising out of all claims in an amount of at
least one hundred thousand dollars ($100,000).



18897.9. Any agent contract that is negotiated by an athlete agent
who fails to comply with this chapter, or, prior to July 1, 1997,
Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of
the Labor Code, as amended and repealed by the bill that enacted this
section at the 1995-96 Regular Session of the Legislature, is void
and unenforceable.



18897.9. (a) Any agent contract that is negotiated by an athlete
agent who fails to comply with this chapter, or has failed to comply
with Chapter 1 (commencing with Section 1500) of Part 6 of Division 2
of the Labor Code, as repealed by Assembly Bill 1987 of the 1995-96
Regular Session, is void and unenforceable.
(b) No person shall owe an athlete agent any money or other
consideration pursuant to an endorsement contract, financial services
contract, or professional sports services contract negotiated by the
athlete agent if the athlete agent fails to comply with this
chapter, or has failed to comply with Chapter 1 (commencing with
Section 1500) of Part 6 of Division 2 of the Labor Code, as repealed
by Assembly Bill 1987 of the 1995-96 Regular Session. The athlete
agent shall refund any money or other consideration paid pursuant to
that contract.


18897.93. An athlete agent or athlete agent's representative or
employee who violates any provision of this chapter is guilty of a
misdemeanor, and shall be punished by a fine of not more than fifty
thousand dollars ($50,000), or imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment. The court
may suspend or revoke the privilege of any person convicted of a
violation of this chapter to conduct the business of athlete agent.



18897.97. The Secretary of State may, in accordance with Chapter
3.5 (commencing with Section 11430) of Part 1 of Division 3 of Title
2 of the Government Code, adopt, amend, and repeal rules and
regulations reasonably necessary for the purpose of administering
this chapter and consistent with this chapter.
 
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Link

5/6

<table style="border-collapse: collapse;" border="0" bordercolor="#111111" cellpadding="3" cellspacing="0" width="288"> <tbody><tr><td>
sptUSCfootballtroubles.jpg
</td> </tr> <tr> <td> AP PHOTO/FILE

Southern California's Dwayne Jarrett (left) congratulates Reggie Bush after he scored a touchdown against Arizona State last October at the Coliseum in Los Angeles.

</td> </tr> </tbody> </table> Carroll, Trojans tackling toughest challenges

By JOHN NADEL
THE ASSOCIATED PRESS

LOS ANGELES - Just two weeks ago, the Southern California football program was in wonderful shape - a dynasty in the works.
Now, with allegations of NCAA violations surfacing against a pair of All-Americans and another player arrested for investigation of sexual assault, the program is under intense scrutiny.
‘‘Without a doubt, we’ve been put into a light that challenges us,’’ USC coach Pete Carroll said. ‘‘Time will sort things out. We’ll see how everything comes out. No question, people will be wondering about the program a little bit.’’
Carroll has led the Trojans from uncharacteristic mediocrity to unprecedented success since he was an unpopular choice to succeed Paul Hackett following the 2000 season.
USC’s 48-4 record the past four seasons represents one of the most impressive runs in NCAA history.
Crowds upward of 90,000 attend home games at the Los Angeles Coliseum.
The recruiting classes are rated among the country’s best every year.
Even the last-minute Rose Bowl loss to Texas that ended a 34-game winning streak four months ago seemed to be nothing more than a minor glitch in the big picture.
But now, controversy. Perhaps success breeds this kind of attention. Past national champions like Clemson, Miami, Washington, Florida State and Ohio State have been targets of allegations that resulted in investigations.
Carroll isn’t shying away, although he realizes the school’s image has been tarnished for now. He was emphatic concerning the effort made to inform players and their families about what can go wrong.
‘‘We’ve been all over this,’’ he said. ‘‘We’re trying to inform and educate better than anybody in the country. We have to send the message so clear. It’s about creating a conscience with the players first.
‘‘It starts all the way back to junior day, the first day we bring future recruits on campus. We start talking about what this all means, what this is all about, and it just goes on throughout.’’
Even so, Carroll said, he’s ultimately responsible as the head coach.
‘‘I’m not going to make excuses for any part of this,’’ he said. ‘‘I’m not going to point the finger at somebody else. I’m the one who has to continue to get this done. I’ve got to do a better job.’’
The troubles began April 23, with allegations concerning the living arrangements of Heisman Trophy winner Reggie Bush’s family near San Diego, and other charges that could be deemed as extra benefits.
Bush, who passed up his final year of eligibility to turn pro, was taken by the New Orleans Saints with the second pick in last weekend’s NFL draft.
Carroll said he spoke with Bush and his parents several times about NCAA rules and outsiders who might entice them.
‘‘I don’t know that there is something wrong,’’ the coach said. ‘‘You might not realize a person is trying to get after you. We have to do better with all the family members. It’s not just the parents - it’s aunts, uncles, cousins.
‘‘I’m disappointed any time someone can get to our family members and take them down the wrong path. We just have to keep hammering it home. College programs don’t need these kinds of associations.’’
The Pac-10 and NCAA are investigating. Should Bush be ruled ineligible, forfeitures are a possibility. And should it be determined he was ineligible in 2004, the national championship USC won that year could be impacted.
‘‘With the little bits of information I have, no, I’m not worried about that one bit,’’ Carroll said. ‘‘I’m confident that’s not where this is going.’’
David Swank, a member of the NCAA Division I Committee on Infractions from 1990-99, said those kinds of punishments happen occasionally.
‘‘It just depends on the nature of the violations,’’ said Swank, a law professor at the University of Oklahoma. ‘‘You have violations of individuals providing extra benefits to athletes; allegations are made that have no basis in fact. I have no idea where this fits.
‘‘It’s pure speculation what penalty might flow from this. It depends on whether a serious violation can be proved. It takes a while to conduct an investigation. These things don’t happen overnight.’’
Three days after the Bush allegations surfaced, redshirt freshman Mark Sanchez, a possible successor to 2004 Heisman Trophy-winning quarterback Matt Leinart, was arrested after a female student accused him of sexual assault. He was released on $200,000 bail.
Carroll said he was shocked, and couldn’t speculate as to Sanchez’s availability next fall. Sanchez is listed second on the depth chart, behind John David Booty, who underwent back surgery March 31.
‘‘Hopefully the truth will come out and it will be clear what Mark’s status is,’’ Carroll said.
Sanchez is scheduled to appear in court May 17.
‘‘Obviously, this is a very difficult time for the Sanchez family, but they have confidence that facts surrounding this matter will come to light and Mark’s good name will be cleared,’’ attorney Leonard Levine said in a statement issued this week.
Finally, questions arose last weekend concerning the living arrangement of wide receiver Dwayne Jarrett, who will be a junior next fall. USC officials are investigating whether an upscale apartment Jarrett shared with Leinart violated NCAA rules.
Carroll said he’s hopeful Jarrett won’t miss any playing time next season.
‘‘I don’t know how it’s all going to play out. I’m hopeful that’s not going to be the case,’’ the coach said. There have been previous problems under Carroll’s watch, but the kind of things that go on at many schools.
Cornerback Eric Wright was arrested in March 2005 at a campus apartment by officers investigating reports of an assault. No charges were filed, but Wright left school amid possible disciplinary action and transferred to UNLV.
Linebacker Rey Maualuga was arrested Nov. 1 for allegedly punching a man at an off-campus party. He sat out the first half of the game against Stanford the following weekend as punishment.
Maualuga agreed this week to perform community service and attend anger management classes to resolve one count of battery.
Eleven former USC players were chosen in the NFL draft last weekend, but several went lower than anticipated, including Bush, Leinart, offensive tackle Winston Justice, running back LenDale White, safety Darnell Bing, and offensive guard Fred Matua.
Perhaps a few were overrated.
‘‘I think people get caught up in this mock draft thing,’’ said Gil Brandt, a longtime executive with the Dallas Cowboys who’s now a senior analyst and draft guru for NFL.com. ‘‘You have people who mean well, but are probably not as knowledgeable as they should be.’’
Brandt said Justice, Bing and Matua would have been better off staying in school for their final year of eligibility.
 
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If I was a USC fan this series of I would find this series of statements by Carroll somewhat troubling .. I've highlighted the portion that strikes me as at odds with any rational interpretation of the events as they have apparently unfolded.

Carroll said he spoke with Bush and his parents several times about NCAA rules and outsiders who might entice them.
‘‘I don’t know that there is something wrong,’’ the coach said. ‘‘You might not realize a person is trying to get after you. We have to do better with all the family members. It’s not just the parents - it’s aunts, uncles, cousins.
‘‘I’m disappointed any time someone can get to our family members and take them down the wrong path. We just have to keep hammering it home. College programs don’t need these kinds of associations.’’
Click to expand...

Why does that one line strike me as being at odds with reality?

Precisely because it was Mr. Griffin, Reggie's step-father that actively tried to develop the business relationship with Michael's and others while his step-son was still in his Junior year at USC. He did this well before the season started and there is no dispute on that point whatsoever from either party. Clearly, Carroll wants to put as positive a spin as possible on these matters - and it remains uncertain to this point just exactly how deep the trouble may become for USC. That said though, having Carroll come out and use that language in the context of questions about the Bush / Griffin /Michaels - New Era deal gives a strong impression of disconnection from reality. USC's head coach might be seen to be adopting the ostrich's favorite defensive posture - head into the sand.
This isn't the first time that it has struck me that Carroll needs to stop the motor mouth and think - "engage brain, before opening mouth" if you will. Pete Carroll in my view has a reputation of being easy with the quotes, approachable by the media, and on occasion shows a tendency to indulge in an almost space-cadet like stream-of-consciousness verbosity. If I were a USC fan I would hope Pete keeps his lip buttoned tight, at least until he has thought through the import of whatever words and phrases were going to cascade from his mouth.
 
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sandgk said:
If I was a USC fan this series of I would find this series of statements by Carroll somewhat troubling .. I've highlighted the portion that strikes me as at odds with any rational interpretation of the events as they have apparently unfolded.



Why does that one line strike me as being at odds with reality?

Precisely because it was Mr. Griffin, Reggie's step-father that actively tried to develop the business relationship with Michael's and others while his step-son was still in his Junior year at USC. He did this well before the season started and there is no dispute on that point whatsoever from either party. Clearly, Carroll wants to put as positive a spin as possible on these matters - and it remains uncertain to this point just exactly how deep the trouble may become for USC. That said though, having Carroll come out and use that language in the context of questions about the Bush / Griffin /Michaels - New Era deal gives a strong impression of disconnection from reality. USC's head coach might be seen to be adopting the ostrich's favorite defensive posture - head into the sand.
This isn't the first time that it has struck me that Carroll needs to stop the motor mouth and think - "engage brain, before opening mouth" if you will. Pete Carroll in my view has a reputation of being easy with the quotes, approachable by the media, and on occasion shows a tendency to indulge in an almost space-cadet like stream-of-consciousness verbosity. If I were a USC fan I would hope Pete keeps his lip buttoned tight, at least until he has thought through the import of whatever words and phrases were going to cascade from his mouth.
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That's not accurate. I haven't heard the Griffins admit to that at all.
 
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ScriptOhio said:
A Pacific 10 Conference enforcement official said USC's investigation into the financial arrangement by which receiver Dwayne Jarrett and former quarterback Matt Leinart shared an apartment last season could last another two weeks.
-- Los Angeles Times
http://sportsillustrated.cnn.com/2006/sioncampus/05/09/college/index.html
Click to expand...


USC's investigation? Or do we mean Pac10/NCAA investigation?

As you can tell I didn't read the article :)

Anyway ... 2 weeks? For a simple living arrangement ... that wasn't denied or covered up in any way? One that was reported to USC'c compliance department? Yeah, something tells me that's not good news. I guess it could just be the slow turning wheels of justice.
 
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