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

Bozo_bus;1286881; said:
David Wharton's AP story, quoted above, fails to give the Bush basis for the motion to compel confidential arbitration. The Bush team argues in its filed motion that the settlement with Michael Michaels requires confidential arbitration. It argues that the once-alleged, now-admitted improper benefits have already been repaid by dint of the Micheals settlement; it does not contest the actuality of the NCAA violations. The judge ruled that she found no evidence that Lake was a party to the mostly redacted Bush/Michaels settlement and so was not bound to its terms and conditions (i.e., confidential arbitration).

This is an on-the-record admission of guilt and the grossly over-used "IF" can be officially abandoned -- as if the overwhelming evidence did not support that abandonment a long time ago. The Lake allegations have been confirmed by the Bush team and all that remains contested is whether or not those benefits are paid back or still due. He did in fact receive those improper benefits that make him ineligible, albeit retroactively. That being a matter of public record, it is only a matter of time before the NCAA rules accordingly and requires appropriate forfeitures -- or can any school do this? Then the BCS will have to adopt a rule that says teams cannot cheat, use ineligible players, The Trojan Rule, as if everyone does not know this already. A fan base/institution with integrity would preemptively self-impose those forfeitures and the immediate return of the ill-gained Crystal Trophy. Will that honorable response be forthcoming? Anyone offering odds?

Also not mentioned in the story is the 800-pound gorilla in the Bush scandal, the role of sports agent Michael Ornstein, the Trojan booster who employed Bush while he was a student at USC and secured him as a pro client and who paid Bush family away-game travel expenses and is alleged to have paid around $2500/month to the family while they were defrauding Lake/Michaels. That 800-pound gorilla. Ornstein is the OTHER ex-con sports agent involved in this affair. This one is a certified USC BOOSTER. One might ask how a guy like that (an ex-con sports agent??) could be welcome into the Trojan fold. No one seems to be asking that question of Heritage Hall. No one asked how Guillory was present IN Heritage Hall when Mayo faxed his LOI. No one asks Heritage Hall anything; the name of the game in the Trojan Nation is win and no one cares how. Get us those bragging rights! Fight On (by whatever means)! These back-to-back scandals are the result of fans not demanding accountability from Heritage Hall. Had the Trojan apologists not fallen into denial over Bush, had they not gone coast-to-coast with their repetitive message board mantra, "he's an ex-con, it's jealousy, it's hatred, everybody does it," the Mayo case would never have happened. It is NOT jealousy or hatred or universal cheating, it is corruption in Heritage Hall and Trojans ought to have nipped it in the bud. So there was round 2.

The Lake suit can yield evidence on this OTHER matter because the suit alleges that the payments received by the Bush family from Ornstein were a specific breech of contract; they had promised to take from the Lake/Michaels group exclusively. The current delay in the proceedings -- the appeal of the no-brainer decision by the judge (Lake was clearly NOT a party to the Michaels settlement and is not bound by its hush money conditions) -- is likely to be followed by more stalling tactics until Lake is offered a settlement that hushes him up too. So USC can still skate on the Ornstein angle and the draconian penalties which they deserve. But already admitted violations by the best paid athlete in amateur sports history ought put 2004 and 2005 in its proper historical context: the one guy Pete Carroll says was responsible for the 2004 undefeated season, Reggie Bush, was a pro ringer, an ineligible player. Their achievements were acquired by cheating. Spin it as you wish, that is what the uncontested public record already shows. Please, no more IF's! No more bragging on the soon-to-be-vacated NC of 2004 and if that results in Trojans going back to sponging off LSU, the one and only Champion of 2003 -- as are ALL Champions in the BCS era by unanimous agreement and contract of and by all participating schools -- then expect a billboard touting No-Pete with a picture of Bush with 2 vertical lines through his #5.

Couple points.

1. Unless you have a copy of the arbitration agreement, I think it is unknown what payments the agreement admits to.

2. lol at any school preemptively forfeiting a national title. No seriously, exhibit A for mandatory drug testing for new posters.

3. I think it is an open question as to whether Lake is bound by the arbitration agreement. He personally may not have signed or agreed to it, but here is some general corporations law: a partner in a general partnership can make agreements with 3rd parties that bind all other partners. Thus, Michael Michaels (a partner in the general partnership of New Era) can make an agreement with Reggie Bush (a 3rd party) that binds Lloyd Lake (a partner in New Era, at least according to him in the lawsuit he filed).

4. Still need a concrete connection to pre-Orange Bowl 2005 to implicate the 2004 NC, setting aside the major issues of the NCAA having questionable authority over the BCS NC and the BCS not having provisions related to forfeiture (and retroactive provisions being extremely vulnerable to a lawsuit)

5. Still probably need a connection to USC as an institution.

Fight on!

ant80;1286949; said:
When does the statute of limitations run out? I remember the NCAA didn't even pursue the Woodson case because it had run out. What if Bush's attorneys' excellent stalling tactics lead to the case being postponed so far that the statute of limitations run out?

The clock stops once the NCAA sends a notice of inquiry. This case is heading to a resolution one way or another. Its also probably heading to the NCAA changing its rules on how long enforcement can drag a case out.
 
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Sources

LightningRod;1286886; said:
Do you by chance have a link to the motion and the accompanying briefs?

Sorry, L-Rod, if such a posting is available, it is not in my awareness. My comments above are based on facts culled from many news sources. An error is contained in my post that requires correction: the alleged amount Ornstein is said to have paid the Bush family is not $2500/month, the alleged amount is $1500/week (from the original Yahoo! story Cash and carry - Reggie Bush Investigation - Yahoo! Sports)

Your attention is directed to these reports, though the one with Lake's choicest comments escaped my recollection:

SignOnSanDiego.com > Sports -- NCAA could be closing in on Bush
Sports: Judge denies Reggie Bush arbitration | bush, lake, san, former, allegedly - OCRegister.com
Sports: As NCAA watches, Reggie Bush case heads back to court | bush, lake, cornwell, arbitration, usc - OCRegister.com
Reggie Bush case postponed until Aug. 1 - Los Angeles Times
SignOnSanDiego.com > Sports -- Depositions in Bush case put on hold
This notable excerpt from the last one --"Bush's attorney, David Cornwell, said they're arguing to move the case to arbitration because any claim Lake has against Bush was discharged in Michaels' settlement with Bush's parents in April 2007.

"Ultimately, our position is there are no claims now? if the case goes to arbitration," Cornwell said." (my emphasis)

Hope these links help and that you will find my representation of them faithful to those reports.
 
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methomps;1287019; said:
Couple points.

1. Unless you have a copy of the arbitration agreement, I think it is unknown what payments the agreement admits to.

The Michaels settlement is reported at between $200,000 and $300,000 by all sources. The car and rent are among many itemized benefits, but who cares what those hundreds of thousands of dollars bought? A Trojan apologist would ignore the massive amount and parse what were the specific items.

2. lol at any school preemptively forfeiting a national title. No seriously, exhibit A for mandatory drug testing for new posters.
And kool-aid testing for old posters? You prove my point: the Trojan Nation lacks the integrity to self-impose a just penalty. And that lack of self discipline will make the penalties all the more harsh -- and rightly so.

3. I think it is an open question as to whether Lake is bound by the arbitration agreement. He personally may not have signed or agreed to it, but here is some general corporations law: a partner in a general partnership can make agreements with 3rd parties that bind all other partners.
Thank you for that "lesson" in law...the Superior Court Judge did not agree with you. The Judge had the opposite view. It is under appeal, but it is merely one of many stalling tactics the Bush team has utilized from day one, nothing more.

4. Still need a concrete connection to pre-Orange Bowl 2005 to implicate the 2004 NC, setting aside the major issues of the NCAA not having authority over the BCS NC and the BCS not having provisions related to forfeiture (and retroactive provisions being extremely vulnerable to a lawsuit)
The NCAA has the authority to mandate forfeitures and determine eligibility. The BCS membership is a wholly voluntary organization and can adopt any rules its members want with or without a grandfather clause. Not tolerating cheating is a good thing to want. USC is free to disagree and free to leave it.

The meeting arranged by Bush's step father that resulted in the agreement in October of 2004 was a violation of NCAA rules. The offenses begin then according to a rare NCAA declaration on the case. No doubt, USC/the Trojan Nation would suit the NCAA to keep its ability to cheat without consequence, to keep its ill-gained bragging rights. Think about that. "Yeah, we cheated, but there was no BCS rule saying we couldn't. We the Champs We the Champs! Fight On!" No controlling authority, huh? USC has acted Clintonesque throughout this whole affair. And you have any wonder why resentment against USC is rising throughout the land? Any wonder why USC is being thought of as a rogue program? The USC of my youth would not act this way. The USC of today is soiling its once proud heritage.


5. Still probably need a connection to USC as an institution.
What about Ornstein is a certified booster can you not comprehend? The use of ineligible players occasions forfeitures whether there is knowledge or not. What is so hard to understand?

Fight on!
That battle cry was never intended for use in this context. Trojans do NOT fight for the right to cheat.

The clock stops once the NCAA sends a notice of inquiry. This case is heading to a resolution one way or another.
Your optimism is surprising! The Bush team fully intends to delay this proceeding indefinitely. That is all they do. Stonewalling and stalling is their only defense.

Its also probably heading to the NCAA changing its rules on how long enforcement can drag a case out.
So you favor a rule that rewards stonewalling and stalling? Enforcement is not dragging anything out, Bush is! Are all the honorable Trojans of my youth dead? They knew right from wrong. It saddens an old man to see pride degenerate into vanity, ethics devolve into amorality. It is sad.
 
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Purple makes my eyes hurt, but I'll give it a try.

Bozo_bus;1287126; said:
1. Unless you have a copy of the arbitration agreement, I think it is unknown what payments the agreement admits to.

The Michaels settlement is reported at between $200,000 and $300,000 by all sources. The car and rent are among many itemized benefits, but who cares what those hundreds of thousands of dollars bought? A Trojan apologist would ignore the massive amount and parse what were the specific items.

A Trojan apologist, would. As would anyone seeking to use the settlement as an admission of guilt. This is not about one's opinion of whether Reggie took money, but about the evidentiary significance of the agreement. You say it is an admission of guilt, but without knowing what it says we can only conclude that it may be evidence of guilt.

Now, maybe Reggie's lawyers wrote up an agreement saying "Here is the $300k repayment for money you gave us while Reggie was in school." Or maybe it is "Here is $300k repayment for all debts owed as of the date of this agreement," which merely admits that money was owed (if that) and does not admit when the debt was incurred.

It's the difference between refusing a breathalyzer test and telling the officer you were driving under the influence. The former is strong evidence of guilt. The latter is an admission of guilt.

2. lol at any school preemptively forfeiting a national title. No seriously, exhibit A for mandatory drug testing for new posters.
And kool-aid testing for old posters? You prove my point: the Trojan Nation lacks the integrity to self-impose a just penalty. And that lack of self discipline will make the penalties all the more harsh -- and rightly so.

Again, name one school that would voluntarily forfeit a BCS title out of a sense of integrity, or concede the point and save your credibility.

3. I think it is an open question as to whether Lake is bound by the arbitration agreement. He personally may not have signed or agreed to it, but here is some general corporations law: a partner in a general partnership can make agreements with 3rd parties that bind all other partners.
Thank you for that "lesson" in law...the Superior Court Judge did not agree with you. The Judge had the opposite view. It is under appeal, but it is merely one of many stalling tactics the Bush team has utilized from day one, nothing more.

Yeah, Mike Williams used that same logic to bone himself out of college eligibility by following Maurice Clarett and the judge who said that the NFL's three-year rule was illegal.

4. Still need a concrete connection to pre-Orange Bowl 2005 to implicate the 2004 NC, setting aside the major issues of the NCAA not having authority over the BCS NC and the BCS not having provisions related to forfeiture (and retroactive provisions being extremely vulnerable to a lawsuit)
The NCAA has the authority to mandate forfeitures and determine eligibility.

Only if the BCS falls within the reach of the NCAA. It may or may not.

The BCS membership is a wholly voluntary organization and can adopt any rules its members want with or without a grandfather clause.

Umm, no. The BCS has rules and bylaws, and is also governed by US law, including contract law.

Not tolerating cheating is a good thing to want. USC is free to disagree and free to leave it.

Or sue.


The meeting arranged by Bush's step father that resulted in the agreement in October of 2004 was a violation of NCAA rules. The offenses begin then according to a rare NCAA declaration on the case.

But for institutional penalties, there is a good chance that the net begins at the point that the NCAA determines that USC should have known, not necessarily when the individual player began breaking NCAA rules.

No doubt, USC/the Trojan Nation would suit the NCAA to keep its ability to cheat without consequence, to keep its ill-gained bragging rights. Think about that. "Yeah, we cheated, but there was no BCS rule saying we couldn't. We the Champs We the Champs! Fight On!" No controlling authority, huh? USC has acted Clintonesque throughout this whole affair. And you have any wonder why resentment against USC is rising throughout the land? Any wonder why USC is being thought of as a rogue program? The USC of my youth would not act this way. The USC of today is soiling its once proud heritage.

Trojan Family

5. Still probably need a connection to USC as an institution.
What about Ornstein is a certified booster can you not comprehend? The use of ineligible players occasions forfeitures whether there is knowledge or not. What is so hard to understand?

The evidence of Ornstein providing benefits is much less established than Michaels/Lake providing benefits. You can't use the Lake money and the Ornstein connection. You need Orenstein money and Orenstein connection, or Lake money and Lake connection.

And again, institutional knowledge is absolutely a consideration when it comes to institutional penalties.

Fight on!
That battle cry was never intended for use in this context. Trojans do NOT fight for the right to cheat.

Beat the Sun Devils!

The clock stops once the NCAA sends a notice of inquiry. This case is heading to a resolution one way or another.
Your optimism is surprising! The Bush team fully intends to delay this proceeding indefinitely. That is all they do. Stonewalling and stalling is their only defense.

Huh? I said that the statute of limitations is irrelevant in this case.

So you favor a rule that rewards stonewalling and stalling? Enforcement is not dragging anything out, Bush is! Are all the honorable Trojans of my youth dead? They knew right from wrong. It saddens an old man to see pride degenerate into vanity, ethics devolve into amorality. It is sad.

USC is not Bush. USC has cooperated, and the NCAA is an association of member institutions. Member institutions do not want to be left in a state of limbo for years like USC has. They will consider amending the rules after this case.
 
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methomps;1287019; said:
3. I think it is an open question as to whether Lake is bound by the arbitration agreement. He personally may not have signed or agreed to it, but here is some general corporations law: a partner in a general partnership can make agreements with 3rd parties that bind all other partners. Thus, Michael Michaels (a partner in the general partnership of New Era) can make an agreement with Reggie Bush (a 3rd party) that binds Lloyd Lake (a partner in New Era, at least according to him in the lawsuit he filed).

Would this require consideration to have been received by the partnership? That is, can Michaels bind the partnership but then take the benefits accrued by the agreement in his personal capacity?
 
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Bozo_bus;1287126; said:
So you favor a rule that rewards stonewalling and stalling? Enforcement is not dragging anything out, Bush is! Are all the honorable Trojans of my youth dead? They knew right from wrong. It saddens an old man to see pride degenerate into vanity, ethics devolve into amorality. It is sad.

Hmmmmm, ain't no legal mind here, but the LA TV market is the biggest in the NCAA football package. I'd think the NCAA and ABC/ESPN would think twice before biting the hand that feeds them.
 
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Steve19;1287766; said:
Would this require consideration to have been received by the partnership? That is, can Michaels bind the partnership but then take the benefits accrued by the agreement in his personal capacity?

There probably has to be consideration benefiting the partnership. Or rather, consideration that COULD benefit the partnership. If Reggie Bush writes Michaels a check, it probably isn't Bush's problem that Michaels doesn't share it with Lake. It would mean that Lake should be suing Michaels.
 
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HINYG8;1287258; said:
I know it is not logical...but paradoxically I agree with both of you.

Good discussion, I am learning a lot from the exchange.

That paradox comes from the fact that no matter what the facts are, no matter what the resolution is, their will be no winner, only losers. None of this is good for college football, just as the Mo Clarett debacle wasn't. If records someday show that without a doubt Bush did accept improper benefits, where does that leave us? A supremely talented 20 year old athlete had hundreds of thousands of dollars waved in his face and took some, do you think that any institution will ever be presumed innocent until proven guilty when they find themselves under the dark clouds of alleged improprieties?

I for one have felt for a long time that the arcaic system that all college athletes live under is at best undefensable. You have a board of trustees within the NCAA that vote their own raises as a pat on their own back for the continual growth of NCAA athletics. A growth that without one major key cog would not exist, the student athlete. We pay hundreds of dollars to get into the Shoe or the Schott to cheer our favorite team, we all have closets full of scarlet and gray apparel emblazoned with tOSU logo to wear to casual Friday's and during gametime and many of us have entire rooms in our home dedicated to our love of everything Buckeye. All of this is big business and big money. The athletes see it, they live in our city, they see the stores dedicated to tOSU, they see the entire families dressed in the colors and they look out at the hundreds of thousands of us that show up every game to watch them. We watch, cheer, critisize and idolize them as they give everything to their sport. When they don't play just as we want them to we say that they need to work harder and give more, even though they give more than most any other student on a campus of fifty thousand plus. This scene plays out all across the country every Saturday on hundreds of campuses, certainly one near you no matter who you cheer for.

When will the time come that we finally see the hush, hush world of the old boy network that is the NCAA exposed and put under the same scrutiny as the Institutions and athletes that it supposes to govern? Why is the NCAA untouchable? Why does any inquiry about it's practices get swept under the rug? It continues to get fat pockets from the student athletes that it is supposedly looking out for the best interests of. It robs from those that it governs, how is it that this continues to happen without even an instance of accountability?

I like many here am not a Reggie Bush fan, but that bears no consequence. This is a much bigger issue than whether or not you love or hate an individual player. If Reggie Bush took money he broke a rule, fine, but let's finally at least look at the validity of said rule. How many of us, if we were in Bush's situation in 2004, would have had the wherewithal to turn the money down? Every day in this country people do far worse for far less.

And so ends my rant for today, but the issue of the NCAA and it's questionable regulations and governing has been a sore spot for a very long time.
 
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Your parsing is compulsive...

methomps;1287185; said:
Purple makes my eyes hurt, but I'll give it a try.

Let me try the color that blinds you.

A Trojan apologist, would. As would anyone seeking to use the settlement as an admission of guilt.

This is not about one's opinion of whether Reggie took money, but about the evidentiary significance of the agreement. You say it is an admission of guilt, but without knowing what it says we can only conclude that it may be evidence of guilt.

Now, maybe Reggie's lawyers wrote up an agreement saying "Here is the $300k repayment for money you gave us while Reggie was in school." Or maybe it is "Here is $300k repayment for all debts owed as of the date of this agreement," which merely admits that money was owed (if that) and does not admit when the debt was incurred.

ALL of Lake's and Michael's claims cover when Bush was a student at USC. Trojan capacity to distort reality includes time and space. The car, the rent, EVERYTHING was while he was a Trojan. This is not in dispute. The settlement filed by the Bush team in their motion for private arbitration is heavily redacted. There was a lot the Bush team did not want public. It admits claimed payments were made and argues that the Michaels settlement repaid them. There were no claims by either Lake or Michaels for payments after the Heisman Awards Ceremony, when the Ornstein funding became known to them. The unwillingness/inability of Trojans to acknowledge reality is stunning. The now-admitted payments were made while he was a player for the Trojans. That makes him an ineligible player. That means the Trojans won games in both 2004 and 2005 using an ineligible player. The USC FAMILY can ignore that and hope to skate as it has throughout, or can do the right thing. Your vote is clear and near-unanimous in the USC FAMILY, to its disgrace.

It's the difference between refusing a breathalyzer test and telling the officer you were driving under the influence. The former is strong evidence of guilt. The latter is an admission of guilt.
The analogy is better that the driver admitted to failing the breathalyzer test 2 miles back with another policeman. Lake's claims are the same as Michaels'. Both cover Bush exclusively as a Trojan.

Again, name one school that would voluntarily forfeit a BCS title out of a sense of integrity, or concede the point and save your credibility.
A chief compliance officer at a major school told me the NCAA is a self-reporting, self-disciplinary organization first. It depends on its members to act with integrity. Oklahoma self-reported and self imposed sanctions on its last snafu with the rules. It happens all the time. USC is the first and only school to have won the BCS title illegitimately, so your asking for other examples is silly. Self-imposed sanctions is the rule rather than the exception. My credibility is not the issue here. The facts speak for themselves. Reggie Bush is the highest paid athlete in amateur sports history and the USC FAMILY wants to treat it as if it never happened -- so it can preserve its bragging rights and ill-won NC. Using ineligible players is cheating. USC cheated. Justice requires forfeitures no matter who knew what. Your unwillingness to accept reality does not change reality. Trojans do not accept this either. They exist in a constant state of delusion and denial. Your astonishing arguments here illustrate the lengths to which they will go in propping up their inflated and fragile egos.

Yeah, Mike Williams used that same logic to bone himself out of college eligibility by following Maurice Clarett and the judge who said that the NFL's three-year rule was illegal.
How is that relevant to taking hundreds of thousands of dollars and remaining eligible? It is not. He admits to the payments now, it is public record. You want SC to skate, we got that. You want to use ineligible marquee players without consequence.

Only if the BCS falls within the reach of the NCAA. It may or may not.
The only function of the BCS is to arrange Bowls, notably the NC game. No one foresaw there would be a cheater in the group. They will address it now that USC has compelled that the Trojan Rule be created to address cheaters. You must be proud.

Umm, no. The BCS has rules and bylaws, and is also governed by US law, including contract law.
Umm, yes. Those rules and by-laws were what they wanted and are subject to additions as the membership sees fit. Contract law does not enable cheating either. No provision addressing the cheating in this case would violate US law.

Or sue.
Sue all you want. Further marginalize yourselves. Make USC known globally for its commitment to cheating to win.

But for institutional penalties, there is a good chance that the net begins at the point that the NCAA determines that USC should have known, not necessarily when the individual player began breaking NCAA rules.
Dream on. The NCAA has said explicitly that the offenses begin when the meeting prompted by the Bush family was held because it resulted in inappropriate benefits. That was October of 2004.

Trojan Family
Okay...

The evidence of Ornstein providing benefits is much less established than Michaels/Lake providing benefits. You can't use the Lake money and the Ornstein connection. You need Orenstein money and Orenstein connection, or Lake money and Lake connection.
The Ornstein evidence has not yet been introduced into a courtroom proceeding. The Lake suit claims that when the Bushes took benefits from Ornstein, that violated their contract of exclusivity. This breech of contract is explicit in the suit. Yahoo! has documented evidence of some of the Ornstein benefits, but the main payments are supported by testimony only, so far as has been made public. My reporting of all this does not confuse these two marketing groups, but the Lake suit draws Ornstein into it. Also, Yahoo! brought Ornstein into the discussion when it first published its Bush report of NCAA violations two + years ago. It was Yahoo! that reported the $1500/week Ornstein payments to the Bushes. The Lake./Michaels-Ornstein connection is not of MY making.

And again, institutional knowledge is absolutely a consideration when it comes to institutional penalties.
Boosters ARE institutional. Whatever a booster does is the same as the university doing. The NCAA is absolutely clear on this point. The prudence of making an ex-con sports agent/marketer a bona fide booster wholly escapes me. Does Heritage Hall hand out daily stupid pills?

Beat the Sun Devils!
Yup--just win, baby. That is all that matters, right?

Huh? I said that the statute of limitations is irrelevant in this case.
You also said it was "heading for resolution one way or the other" and this was the optimism being questioned -- as my full response makes clear: the Bush team is not invested in any resolution whatsoever that involves public disclosure. Delays will continue to mar the proceedings.

USC is not Bush. USC has cooperated, and the NCAA is an association of member institutions. Member institutions do not want to be left in a state of limbo for years like USC has. They will consider amending the rules after this case.
If USC acknowledged the public record (that Bush took hundreds of thousands of dollars while playing for the Trojans in 2004 and 2005, as specifically alleged and admitted), self-sanctioned, it would NOT be in any limbo. It is USC's option to end it any day it wants! It just has to own up to the facts of the case. USC can declare Bush ineligible unilaterally, forfeit the games and be done with it. That would be cooperating in the spirit the NCAA intends for its members. What the NCAA and BCS does subsequently, would be swift. No other school has ever been in this situation and the USC FAMILY is showing the world just what We Are USC means: We Are Unrepentant Serial Cheaters.

USC is not Bush? If you want to divorce yourselves from Bush now, fine! Start by divorcing yourselves from the wins he provided you while breaking the rules everybody else is bound to! You want the assets of Bush without the liabilities.
 
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Bozo_bus;1297591; said:
Your parsing is compulsive...

You are trending away from responding to the specific issue and towards the crutch of "umm, well, cheaters!"

This is not about one's opinion of whether Reggie took money, but about the evidentiary significance of the agreement. You say it is an admission of guilt, but without knowing what it says we can only conclude that it may be evidence of guilt.

Now, maybe Reggie's lawyers wrote up an agreement saying "Here is the $300k repayment for money you gave us while Reggie was in school." Or maybe it is "Here is $300k repayment for all debts owed as of the date of this agreement," which merely admits that money was owed (if that) and does not admit when the debt was incurred.

ALL
of Lake's and Michael's claims cover when Bush was a student at USC. Trojan capacity to distort reality includes time and space. The car, the rent, EVERYTHING was while he was a Trojan. This is not in dispute. The settlement filed by the Bush team in their motion for private arbitration is heavily redacted. There was a lot the Bush team did not want public. It admits claimed payments were made and argues that the Michaels settlement repaid them. There were no claims by either Lake or Michaels for payments after the Heisman Awards Ceremony, when the Ornstein funding became known to them.
The unwillingness/inability of Trojans to acknowledge reality is stunning. The now-admitted payments were made while he was a player for the Trojans. That makes him an ineligible player. That means the Trojans won games in both 2004 and 2005 using an ineligible player. The USC FAMILY can ignore that and hope to skate as it has throughout, or can do the right thing. Your vote is clear and near-unanimous in the USC FAMILY, to its disgrace.

YOU claimed that the settlement admits guilt, but you've provided no information about what the settlement says. Regardless of what Michael Michaels has said, the settlement doesn't admit anything other than what it says.

It's the difference between refusing a breathalyzer test and telling the officer you were driving under the influence. The former is strong evidence of guilt. The latter is an admission of guilt.
The analogy is better that the driver admitted to failing the breathalyzer test 2 miles back with another policeman. Lake's claims are the same as Michaels'. Both cover Bush exclusively as a Trojan.

Not if the settlement makes no reference as to when the debts were incurred. Reggie could take whatever he wants after he left USC, so that he paid a debt does not legally admit that the debt was incurred when you want it to be.

Am I saying that Reggie didn't take money or that he only took money afterwards? No, absolutely not. You are simply confusing the ultimate issue of guilt with the specific issue of what the settlement legally means.

gain, name one school that would voluntarily forfeit a BCS title out of a sense of integrity, or concede the point and save your credibility.
A chief compliance officer at a major school told me the NCAA is a self-reporting, self-disciplinary organization first. It depends on its members to act with integrity. Oklahoma self-reported and self imposed sanctions on its last snafu with the rules. It happens all the time. USC is the first and only school to have won the BCS title illegitimately, so your asking for other examples is silly. Self-imposed sanctions is the rule rather than the exception. My credibility is not the issue here. The facts speak for themselves. Reggie Bush is the highest paid athlete in amateur sports history and the USC FAMILY wants to treat it as if it never happened -- so it can preserve its bragging rights and ill-won NC. Using ineligible players is cheating. USC cheated. Justice requires forfeitures no matter who knew what. Your unwillingness to accept reality does not change reality. Trojans do not accept this either. They exist in a constant state of delusion and denial. Your astonishing arguments here illustrate the lengths to which they will go in propping up their inflated and fragile egos.

"err, umm, USC cheated!" I asked you to name one institution that would self-impose a forfeited football NC. You mention Oklahoma. Oklahoma didn't self-forfeit a single game, much less a NC. Here are Oklahoma's self-imposed penalties:

- Involved athletes booted from the team
- Those scholarships were not used for that year
- Would have disassociated the auto dealership except that it changed ownership
- One less football coach could recruit off-campus during Fall 2007


Wow, they really brought the hammer down on themselves. So again, instead of naming an institution that didn't even forfeit a single game, please name an institution that would forfeit a BCS title.

Yeah, Mike Williams used that same logic to bone himself out of college eligibility by following Maurice Clarett and the judge who said that the NFL's three-year rule was illegal.
How is that relevant to taking hundreds of thousands of dollars and remaining eligible? It is not. He admits to the payments now, it is public record. You want SC to skate, we got that. You want to use ineligible marquee players without consequence.

"Err, umm, USC Cheated!" Completely non-responsive answer. Let me remind you of the topic:

Me: I think there is an open question as to whether the arbitration agreement includes Lake
You: No, the trial judge disagrees with you
Me: The trial judge said the NFL's 3-year rule was illegal, but that was overruled
You: Err, umm, USC cheated!

Only if the BCS falls within the reach of the NCAA. It may or may not.
The only function of the BCS is to arrange Bowls, notably the NC game. No one foresaw there would be a cheater in the group. They will address it now that USC has compelled that the Trojan Rule be created to address cheaters. You must be proud.

So is it your position that the BCS does not award a championship?

Umm, no. The BCS has rules and bylaws, and is also governed by US law, including contract law.
Umm, yes. Those rules and by-laws were what they wanted and are subject to additions as the membership sees fit. Contract law does not enable cheating either. No provision addressing the cheating in this case would violate US law.

If you really believe that bylaws can be retroactively changed, then there is really nothing more to say other than to ask you why there are even bylaws to begin with.

Or sue.
Sue all you want. Further marginalize yourselves. Make USC known globally for its commitment to cheating to win.

"Err, umm, USC cheated!"

But for institutional penalties, there is a good chance that the net begins at the point that the NCAA determines that USC should have known, not necessarily when the individual player began breaking NCAA rules.
Dream on. The NCAA has said explicitly that the offenses begin when the meeting prompted by the Bush family was held because it resulted in inappropriate benefits. That was October of 2004.

Link?

The evidence of Ornstein providing benefits is much less established than Michaels/Lake providing benefits. You can't use the Lake money and the Ornstein connection. You need Orenstein money and Orenstein connection, or Lake money and Lake connection.
The Ornstein evidence has not yet been introduced into a courtroom proceeding. The Lake suit claims that when the Bushes took benefits from Ornstein, that violated their contract of exclusivity. This breech of contract is explicit in the suit. Yahoo! has documented evidence of some of the Ornstein benefits, but the main payments are supported by testimony only, so far as has been made public. My reporting of all this does not confuse these two marketing groups, but the Lake suit draws Ornstein into it. Also, Yahoo! brought Ornstein into the discussion when it first published its Bush report of NCAA violations two + years ago. It was Yahoo! that reported the $1500/week Ornstein payments to the Bushes. The Lake./Michaels-Ornstein connection is not of MY making.

Again, the allegation is (as I said) far from established. And the reason Lake claims that the Orenstein benefits matter to his contract with Bush is because he can't admit that it was an agency contract without getting whacked by California law.

And again, institutional knowledge is absolutely a consideration when it comes to institutional penalties.
Boosters ARE institutional. Whatever a booster does is the same as the university doing. The NCAA is absolutely clear on this point. The prudence of making an ex-con sports agent/marketer a bona fide booster wholly escapes me. Does Heritage Hall hand out daily stupid pills?

Lake is not a booster. Michaels is not a booster. The Orenstein evidence is weak.

Beat the Sun Devils!
Yup--just win, baby. That is all that matters, right?

Of course not. Since we lost to Oregon State, we need some style points and some help around the country.

Huh? I said that the statute of limitations is irrelevant in this case.
You also said it was "heading for resolution one way or the other" and this was the optimism being questioned -- as my full response makes clear: the Bush team is not invested in any resolution whatsoever that involves public disclosure. Delays will continue to mar the proceedings.

The NCAA's case is headed for a resolution one way or the other. Either USC will be be found to have broken rules and punished OR it will be found that there is no evidence of rulebreaking and the school will not be punished
 
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When I was small, I learned much of what I know from my next door neighbor. Dennis was an incredible athlete, went to the state champs as a wrestler for Brookhaven, and was unfortunate to be only 5'6" or so in his senior year.

From the time I was 6, Dennis was my hero. He spent hours with me. He taught me running mechanics. He taught me how to shoot a basketball. Most of what I know about sport fundamentals, I learned from Dennis. He was such a gifted teacher and coach. I was not surprised to hear recently that he is a psychologist somewhere in the Midwest still today.

When I reached puberty, I began to grow and at some point I passed him in height. I began to regularly beat him at basketball, primarily due to my height. He was proud of what I was becoming and making my high school team but he was also unhappy to lose.

In the last 1-on-1 game we played, he sunk a shot to beat me. I thought I fouled him but he turned the ball over to me, saying "It was an offensive foul." I took the next shot and won.

When I said, "Shoulda kept your mouth shut! I was certain it was a blocking foul," he said, "There is no honor in cheating. You set your feet. You can never win by cheating. When you cheat to win in life, you lose something bigger than the game. You lose your self-respect."

The fact that I remember all of this vividly, more than forty years later, speaks to the influence that coaches have on kids and the impact that sports have on the development of young people throughout life.

There was a time when amateur sports rested on such a code of honor. Self-respect and honor were more than words. They meant something.

If nothing had occurred, then Bush would have encouraged an open investigation of events, not stifle it at every turn with settlement agreements precluding disclosure. Through what has been disclosed, and what hasn't been disclosed due to the confidentiality agreements that Bush has entered to prevent disclosure of his relations with his slimy colleagues, it is clear to even the most casual observer that Bush and his family received benefits that violated NCAA regulations.

In that earlier era, when honor and respect meant something, USC would already have called this foul on themselves.
 
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Seeking NFLPA job, Bush lawyer exits

Attorney David Cornwell plans to pursue a possible opportunity to succeed Gene Upshaw as head of the NFL Players Association and will no longer continue to represent Reggie Bush in the lawsuit against him in San Diego.
Cornwell, a former NFL assistant general counsel, specializes in the sports and entertainment field. He has represented several pro athletes and sports agents, including agent Leigh Steinberg. He defended Bush, the New Orleans Saints running back, in the lawsuit brought by Lloyd Lake, a former aspiring sports marketing agency investor.
In an e-mail yesterday, Cornwell wrote, ?Reggie Bush and I recently discussed my interest in being appointed as Gene Upshaw's successor. Given the timing of the selection process and the time and energy I am prepared to commit to pursuing this unique opportunity, Reggie is concerned about the impact on his dispute with Lake. I understand and support his decision to get new counsel up to speed as soon as possible, and I will continue to work closely with Reggie's new attorneys to ensure a smooth transition.?

Entire article: Seeking NFLPA job, Bush lawyer exits | The San Diego Union-Tribune
 
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