I don't think the NCAA did anything of the sort. They requested information and it was provided. Under HPPA I believe that it is not a crime for anyone to request information. Indeed it happens all the time. If it was somehow illegal to make the request, 95% of hospital vistors and 99 % of patients families would be doing time in Danbury. But if such a request is made, the responsibility is on the medical provider to either A. outright reject the request, or B. notify the subject that information is being requested and ask if he or she is ok with it being released. or C. inform the person making the request that he/she must provide authorization from the subject prior to releasing the information. Depending on the situation you might choose A, B or C. There are a limited number of exceptions, courts, police with subpenas, if the patient is in danger and unable to act in his/her own behalf and that sort of thing, but the NCAA isn't one of them. On the other hand, simply making a request for information hardly qualifies as "getting someone to commit a crime" under any rational interpretation. I do recognize that you are a lawyer, bl, so rational interpretations aren't necessarily your stock in trade. I also consider, given his history, that it is at least possible that Miles provided some general authorization for records that the NCAA and the provider relied on. They may have been incorrect in doing that, but it wouldn't have shocked me if they in fact did.
My understanding of the Miami situation was quite different. The NCAA and Shapiro used the same law firm, hence that firm had access to client information that it should not have under normal circumstances.
