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Stuhoo

Corruption in College Basketball

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Pitino would be a fool to fight the dismissal, and his attorney, Steve Pence, will advise him accordingly. If he fought the dismissal, he would be subject to sworn testimony/sworn depositions, which could put him in extreme risk of enhancing his criminal exposure.

Foreshadowing the release from Pitino's attorney in a few days:

To support the shared goal of allowing UL and Coach Pitino to move forward, Coach Pitino has agreed to end his extraordinarily successful relationship with the University.

Or some crap like that.

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Just because we're on the subject...  

 

Part of why the FBI is so incredibly thorough, and unwilling to even pursue less-than-airtight information is that they have an extremely high standard of proof to achieve in order for a prosecution to succeed.  This is the "beyond a reasonable doubt" standard that you so often hear.  This literally means that you can't conceive of anything being the truth other than the crime as described and proven by the prosecution.  (Again, Stuhoo, jump in if I'm off base.)  To get there, they have to navigate through the evidentiary rules that are set up to ensure that the information is extremely reliable.  Criminal cases have a very high standard of proof.  Often in civil matters, the standard is going to be "a preponderance of the evidence," meaning it is just more likely than not that something happened.  Literally, if you're 51% convinced something happened, even if there are other plausible explanations, then you've got enough to meet the standard.  This lower standard of proof is why OJ was found not guilty in criminal court, but the civil case brought against him for the same actions was successful.

 

The NCAA is not in a court of law.  They do not have to worry about evidence rules, and their standard of proof isn't very clear.  They can rely on hearsay, etc.  Further, they are operating under a standard of proof which is much lower than that which a prosecutor must prove.  From the NCAA:  "[the] standard of proof is whether the information is credible, persuasive and of a nature that reasonable people would rely upon in the conduct of serious affairs."  That kind of language is so wide-open to interpretation that an attorney wouldn't know where to begin.  In this case, information gained by the FBI in their investigation would certainly seem to meet that standard, even where it is not useful in the prosecution of the criminal case.  Perhaps, some of these other interviews Brass Cannon is discussing would meet that standard, enough to cause a finding of infractions which would lead to sanctions.

 

Here's a helpful PDF I'm sourcing this information from:  http://www.ncaa.org/sites/default/files/BBD_Comm.Infractions.pdf

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7 minutes ago, Class of '66 Old Fart said:

Osterman and Dana O'Neil have both retweeted the following from Darren Heitner:  Sources: Employees of Nike's EYBL grassroots division, along with documents, have been subpoenaed by FBI in furtherance of investigation.

Hmmmmm.  Now this could grow legs.

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1 hour ago, iufaninillinois said:

Fran Fraschilla just mentioned he thought Crean would do a good job at Louisville

Sent from my SM-G930V using BtownBanners mobile app
 

I agree. Long-term, consistent high-level winner? Uh, no. But pick up the pieces and rebuild with enthusiasm? Sure.

"It's Louisville.....It's Louisville."

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