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

[Best Buckeye]

there are parts of that law I can agree with but to hold the institutions and the players blameless isn't correct and proper, JMO.

 

[methomps]

Lay claim as the man that took down Reggie Bush and USC. Don't you think the media will make this worth his while so that they can get their story?

It's cheap, stupid, and disgraceful, but in the end Lake will sadly benift from all of this.

Maybe the media will make it worth his while, but compared to the punitive damages and attorney fees he will be liable for? I don't think so.

 

[methomps]

there are parts of that law I can agree with but to hold the institutions and the players blameless isn't correct and proper, JMO.

Who says the schools and players aren't held blameless? The law only comes into play if a school or player is sanctioned.

Without this law: school punished by NCAA/conference, agent gets no punishment
With this law: school punished by NCAA/conference, agent punished by state.

 

[Best Buckeye]

Considering the bad pub and the bad rep Bush would gain out of this or could,(lose the Heisman, Lose USC a NC etc.) how much could Bush hope to gain in punitive damages?
He might win the war but lose the battle.

 

[methomps]

Considering the bad pub and the bad rep Bush would gain out of this or could,(lose the Heisman, Lose USC a NC etc.) how much could Bush hope to gain in punitive damages?
He might win the war but lose the battle.

I think the bigger point is that he gets to keep whatever Lake gave him and then some. More precisely, he gets to hold a chip in their negotiations that says "Even if you win, you still lose, so you might as well give up and crawl back to your crack/heroin gig."

 

[sandgk]

I think the bigger point is that he gets to keep whatever Lake gave him and then some. More precisely, he gets to hold a chip in their negotiations that says "Even if you win, you still lose, so you might as well give up and crawl back to your crack/heroin gig."

Doesn't that response presume that Lake did give extra benefits, at the wrong time, to Bush and/or his family on the basis of some pipe dream agency he could build around the budding Pro prospect?

Which would then lead to Lake going - well, screw it, I will give the goods to the NCAA.

 

[methomps]

Doesn't that response presume that Lake did give extra benefits, at the wrong time, to Bush and/or his family on the basis of some pipe dream agency he could build around the budding Pro prospect?

Which would then lead to Lake going - well, screw it, I will give the goods to the NCAA.

Giving the goods to the NCAA is exactly what would make him liable to Bush and USC under those provisions.

 

[Best Buckeye]

I think the bigger point is that he gets to keep whatever Lake gave him and then some. More precisely, he gets to hold a chip in their negotiations that says "Even if you win, you still lose, so you might as well give up and crawl back to your crack/heroin gig."

I see your point but consider this; what are the lost awards and loss of games and reputation worth to him and USC? I would dare say more than any punitive damages he might gain. If Lake proves that Bush violated ncaa rules who loses the most?

 

[MaxBuck]

Don't get me wrong; I am not a paranoid Buckeye fan who believes the media are "out to get" our teams.

With that being said, the lack of media attention being paid to USC relative to this situation is, in a word, scandalous. Troy Smith gets $500, and it is ESPN headline news. Reggie Bush gets $300K and it's back-page story. Disgusting. Why in the world is this not "lack of institutional control?" Frankly, it rivals what Bill Martin did with the Fab 5 at Michigan.

 

[sandgk]

Giving the goods to the NCAA is exactly what would make him liable to Bush and USC under those provisions.

Let's get this straight - Lake isn't Bush's agent, nor is he Bush's representative. I don't think the code you cite applies in the way you think it does.

Not a lawyer, haven't played one on TV, but that seems like common sense to me.

 

[methomps]

I see your point but consider this; what are the lost awards and loss of games and reputation worth to him and USC? I would dare say more than any punitive damages he might gain. If Lake proves that Bush violated ncaa rules who loses the most?

But what does it matter to Lake whether USC loses games or Bush his Heisman? Is it worth being forced to pay punitive damages and attorney fees to Bush? Lake has two options:

Option A: Give the goods to the NCAA and be sued for several hundred thousand dollars

Option B: Say nothing, settle for some amount with Bush, and walk away.

 

[buck e]

They would sue for violation of the several provisions of the Calfiornia Business and Professional Code, including:

Section 18897.6 No athlete agent or athlete agent's representative or employee shall, directly or indirectly, offer or provide money or any other thing of benefit or value to a student athlete.


California law provides the following:

Cal.Bus. & Prof.Code Section 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.

I wonder if a school could be estopped from bringing suit if they encouraged and/or turned a blind agent contact with student athletes. That would be the logical result in most states, but then again, we're talking about California here.

 

[Best Buckeye]

But what does it matter to Lake whether USC loses games or Bush his Heisman? Is it worth being forced to pay punitive damages and attorney fees to Bush? Lake has two options:

Option A: Give the goods to the NCAA and be sued for several hundred thousand dollars

Option B: Say nothing, settle for some amount with Bush, and walk away.

That is my point in rebuttal. that the cost to Bush is infinitismally larger than anything he could recoup from lake. How would you like to be known as the man who brought down USC?

 

[methomps]

Let's get this straight - Lake isn't Bush's agent, nor is he Bush's representative. I don't think the code you cite applies in the way you think it does.

Not a lawyer, haven't played one on TV, but that seems like common sense to me.

The code covers that, too:

? 18895.2. Definitions

(b)(1) "Athlete agent" means any person who, directly or indirectly, recruits or solicits an athlete to enter into any agent contract, endorsement contract, financial services contract, or professional sports services contract, or for compensation procures, offers, promises, attempts, or negotiates to obtain employment for any person with a professional sports team or organization or as a professional athlete.

 

[sandgk]

Plus, methomps, there is this.

One of the elephants in the corner in these scenarios is all the evidence entered at trial should Lake's suit move forward.

Now, let me assume that your opinion in this matter is spot on, that Bush could sue Lake over the damage caused by such revelations. In order for that code to apply, Bush must assert that Lake was his agent, his representative. Moreover, that assertion opens the door for Lake to re-introduce all the damaging testimony and evidence, documentary and other, that he has at his side.

This would basically give the NCAA two bites at the poisoned apple - more stuff to chew on. Not good for Bush, nor for USC.