Apparently Penny was able to practice for the full Memphis experience.. looks like the state title for the school he coached is getting vacated due to the whole Wiseman thing:
The Memphis East High School basketball team is in danger of being stripped of its 2017-18 title because James Wiseman and another player were ruled ineligible.
www.espn.com
I'm wondering if this is intentional. (Like the whole city to include their politicians and judges seem to be making this easier for them currently). A congressman/and some from the House of Representatives are also apparently starting an investigation into the NCAA as well
I forget the rule, (I will look it up later). If a coach helps a player with moving costs then there is no penalty. This establishes Penny as a coach to Wiseman (AAU) prior to paying for moving costs. So the established relationship will nullify any impermissible benefits argument. If anything it would be an issue in HS, and since he played and the TSSAA was in court with this after they won, East will more than likely be losing their State Title. Memphis is fighting back and it seems to include everyone in Memphis.
This is also from Richard G. Johnson. (From the Memphis board)
Attorney Richard Gibbs Johnson, founder of the law firm of Richard G. Johnson Co., L.P.A. in 1990, is a leading practitioner in the area of plaintiffs' legal malpractice and related legal ethics and professional responsibility issues.
Practice Areas:
Legal Malpractice
College Athlete Right to Counsel Cases
Disqualification
Fee Disputes
Judicial Ethics & Conduct
Legal Ethics & Professional Responsibility
Sanctions
Sports Agent Malpractice
UCC Articles 3 & 4 (fiduciary forged check issues)
1/ James Wiseman is eligible to play, Coach Penny Hardaway is not a booster, and University of Memphis President M. David Rudd and Athletic Director Laird Veatch are taking an unusual stance--they're doing the right thing for James, Penny, and the school!
2/ Under the NCAA Constitution, only President Rudd can determine whether James is eligible—not the NCAA, which tries to bully and intimidate its members to do what it says, but President Rudd has told them to pound salt. So James IS eligible unless and until he says he's not.
3/ James is not alleged to have done anything wrong. James' mother is alleged to have accepted financial help to move her family from James' high school coach, who was Penny Hardaway. That is not illegal, immoral, or wrong. Instead, it was a charitable act by Penny.
4/ Penny was not a booster, which is defined in part as a person who has "made financial contributions to the athletics department or to an athletics booster organization of that institution," because he gave to neither. He was also not listed as a booster by the University.
5/ In 2008, Penny gave a tax-deductible million dollar donation to the University of Memphis, a charitable non-profit 501©(3), for a sports hall of fame, of which he would be in first as a star Tigers BB player and then as a star NBA player. It was a very good deed by Penny.
6/ Even if he had been labeled a booster, under NCAA bylaws, that designation is either "presumed" or "indefinite," as there are two competing definitions, neither of which has defined thresholds or parameters. So a $1 contribution is the same as a $1MM one.
7/ Also, since no one stays in any man-made category forever, which factors are to be considered in determining when a booster status expires is unstated? Without a threshold and duration, there is no enforceable definition, which is construed against the NCAA by a court.
8/ Boosters can only violate NCAA bylaw chapters 13 on recruiting and 16 on benefits for enrolled athletes. Penny was a high school coach, when he gave a high school player's mother money to help with moving costs, so even if he was a booster, neither of these would apply.
9/ James is black and a projected first-round draft pick. Penny is black and has had a great career, plus we need more black college BB coaches. Why is the NCAA attacking James' mother and his coach, when one needed financial help, and the other was kind enough to give it? Why?
10/ Both James, Penny, and the University have actionable claims against the NCAA for breach of contract and tortious interference with contract. James' mother has a claim for invasion of privacy. Any claims will be tried in state court in Memphis. The NCAA would get hammered.
11/ The NCAA is evil personified at the pettiest level. They have attacked a fine young man, his mother, and a splendid coach, who have done nothing in the least bit wrong. President Rudd and AD Veatch should be applauded and thanked for recognizing the equities here. Courage!
Also, according to Dan Wolken, the investigation was conducted on 17 May and closed with an eligible verdict on 29 May. Kentucky's Athletic director joined the NCAA in June or July. They looked into Wiseman further and determined he wasn't supposed to be cleared, but then stated that they would honor their eligible verdict.
Then they come with this. It looks like he is being targeted. I am starting to agree with Memphis fans here. It looks like Cal/Kentucky is behind this. Paring this info with what was stated by those "Kentucky Insiders" about Penny betraying Cal and this is all starting to add up.
This is getting more and more interesting as it goes.
I hope Cal and Kentucky get found out here. They receive some extremely harsh punishments for corruption or something by using that power gained by joining the NCAA board to target a student-athlete. Then the NCAA could be brought up on charges as well.
This is turning out beautifully.
