Jump to content

FBI Arrests Coaches in Corruption Scandal


FW_Hoosier

Recommended Posts

  • Replies 2.5k
  • Created
  • Last Reply
5 minutes ago, 13th&Jackson said:

Calipari has been the victim of a lot of recruiting schemes 

For years, Calipari was able to hide behind the weak enforcement of the NCAA using culpable deniability, as a defense.    To their credit, the NCAA closed that loophole over a years ago. Saying any head coach is responsible for anything that goes on in his program, regardless of whether he knew it or not.  Still... the NCAA did not have the power to enforce this edict. Now..... the power of the FBI can come to bear fruit.  Only question, I have.... is there a limit of liability, time wise that the FBI is not able to  go beyond ? 

Link to comment
Share on other sites

9 minutes ago, milehiiu said:

For years, Calipari was able to hide behind the weak enforcement of the NCAA using culpable deniability, as a defense.    To their credit, the NCAA closed that loophole over a years ago. Saying any head coach is responsible for anything that goes on in his program, regardless of whether he knew it or not.  Still... the NCAA did not have the power to enforce this edict. Now..... the power of the FBI can come to bear fruit.  Only question, I have.... is there a limit of liability, time wise that the FBI is not able to  go beyond ? 

Statute of limitations.  The last I knew it was 7 years for anything but murder.  

Link to comment
Share on other sites

1 hour ago, rico said:

Statute of limitations.  The last I knew it was 7 years for anything but murder.  

Federal SOL for fraud is 10 years if a financial institution is involved, which in situations like this, gives them more than enough leeway to poke around into anything during that period of time.

There's also the issue of concurrent jurisdiction.  I'm not an attorney, and I didn't stay at a Holiday Inn Express last night either, but from my understanding, many things that the FBI investigates are crimes at both the federal and state level.   Meaning, they could be prosecuted at either level.  States have varying SOLs on various categories of crimes.  For instance, the Indiana state SOL on felonies except murder or other Class A felonies is 5 years.  But......in dealing with SOLs, there's also the concept of tolling.  Tolling is basically a pause button on the timer.  Indiana's SOLs state that the statute tolls (is paused) if the suspect is residing out of state (in some cases, indefinitely).  So if no evidence of a crime had come to light, and the suspect never resided in that state, the clock is still at 0. 

Link to comment
Share on other sites

1 hour ago, Zlinedavid said:

Federal SOL for fraud is 10 years if a financial institution is involved, which in situations like this, gives them more than enough leeway to poke around into anything during that period of time.

There's also the issue of concurrent jurisdiction.  I'm not an attorney, and I didn't stay at a Holiday Inn Express last night either, but from my understanding, many things that the FBI investigates are crimes at both the federal and state level.   Meaning, they could be prosecuted at either level.  States have varying SOLs on various categories of crimes.  For instance, the Indiana state SOL on felonies except murder or other Class A felonies is 5 years.  But......in dealing with SOLs, there's also the concept of tolling.  Tolling is basically a pause button on the timer.  Indiana's SOLs state that the statute tolls (is paused) if the suspect is residing out of state (in some cases, indefinitely).  So if no evidence of a crime had come to light, and the suspect never resided in that state, the clock is still at 0. 

That's kind of the way I have understood the SOL. In other words..... it depends. 

Remember Mark Adams and the bumper sticker booster issue ? How many years did that go back ?  And that was the NCAA, not the FBI.

Fact: NCAA went back 20 years on Adams. And that was for $185.  Not the millions of dollars we are talking about today.

NCAA Upholds IU Basketball Players' Suspensions 

Link to comment
Share on other sites

30 minutes ago, milehiiu said:

That's kind of the way I have understood the SOL. In other words..... it depends. 

Remember Mark Adams and the bumper sticker booster issue ? How many years did that go back ?  And that was the NCAA, not the FBI.

Fact: NCAA went back 20 years on Adams. And that was for $185.  Not the millions of dollars we are talking about today.

NCAA Upholds IU Basketball Players' Suspensions 

Of course, the NCAA is a private organization which isn't bound by criminal or civil statutes of limitations and can enforce its own rules as it sees fit. Or, as in most cases with the NCAA, not enforce its own rules as it sees fit.

Link to comment
Share on other sites

25 minutes ago, Zlinedavid said:

Of course, the NCAA is a private organization which isn't bound by criminal or civil statutes of limitations and can enforce its own rules as it sees fit. Or, as in most cases with the NCAA, not enforce its own rules as it sees fit.

Yes. Very true.  However, based on current events... not necessarily BB related.... I get the feeling that the FBI feels they can also write their rules in terms of what qualities as SOL or not. 

Loving this discussion I am having with you right now.

In the end....as I posted earlier..... I think Tuesday's events are merely the tip of the ice burg. 

Link to comment
Share on other sites

3 hours ago, milehiiu said:

Yes. Very true.  However, based on current events... not necessarily BB related.... I get the feeling that the FBI feels they can also write their rules in terms of what qualities as SOL or not. 

Loving this discussion I am having with you right now.

In the end....as I posted earlier..... I think Tuesday's events are merely the tip of the ice burg. 

As was described to me, the FBI has a set of boundaries. Those boundaries are more akin to saran wrap than they are bricks though. Might be able to see and hear things outside those boundaries, and they do have some flexibility, but they do have limits/breaking points.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.




×
×
  • Create New...