OT: FBI has reportedly arrested several NCAA basketball assistant coaches.

[nelsonmuntz]

I can't imagine there wouldn't be a clause about HUUUUGE infractions. Like if Pitino killed 4 people and they fired him, they wouldn't be on the hook for a buyout.... right?

This is @businesslawyer 's area of expertise, so he should chime in, but I would be stretching my fingers right now if I was the Louisville CFO. He is going to be writing a check with a lot of zeros on it.

 

[AZHuskiePop]

How clean was Fraschilla? Reasonably sincere, or disingenous statement on his part?

Fran now feels vindicated for his failures because everyone who out coached him had to be cheating or at least was cheating more effectively than he was.

 

[brasssbonanzaa]

Auburn is now offering full refunds to anyone who bought basketball season tickets. :-O

 

[Paesano]

Just curious, how many people still wonder why UConn wasn't a bigger player w Tremont Waters and how in the end, he went to LSU? His old man was as transparent as anyone could be.

Many of these losses were transparent. Man, I am feeling good today!!!

 

[andy34]

We will see what comes out, but my guess is that UK, Duke, KU and UNC probably don't need to do this. What I see are programs that are hungry to step up or join the bigger names, or in the case of UL, catch UK. I doubt we will see much for football either, because one or two players won't have much of an impact. But with basketball, a nothing school that grabs a 5 star and uses him to bring in a couple of other good players is suddenly a strong, ranked team.

Anecdotally, I know an assistant coach at a private academy/basketball factory school. He knows I hate Calipari, but says that the guy is down to earth and charming, and the HS coaches love him. I think it's safe to say that our view of him is colored by our history, all the way back to UMass.

Agreed - everyone is waiting for Kentucky to show up here, but they don't need lots of help bringing in 5 star recruits. Not to say they haven't done anything shady, but the value proposition for high school athletes is pretty obvious upfront.

 

[huskymedic]

 

[businesslawyer]

This is @businesslawyer 's area of expertise, so he should chime in, but I would be stretching my fingers right now if I was the Louisville CFO. He is going to be writing a check with a lot of zeros on it.

It is shocking to me that a state institution signed a contract that would require a $44M buyout without cause. Doesn't mean it didn't happen. If the federal allegations are true, you would also think that would constitute cause, but again, it would be up to the contract which almost certainly would carefully state what constitutes "cause," and not left to broad common law interpretations of the phrase.

Sorry I can't be more helpful.

 

[ZenConn]

Any way any of this rolls all the way up to Emmert?

Instant Karma

"Lack of institutional control"

 

[nomar]

In my experience, 90+% of terminations fit under "without cause". And if Pitino was able to get a $44 million buyout, I am sure he was able to get a very narrow definition of "cause". I wouldn't bet on Louisville avoiding most of that buyout. Pitino will settle, but he will still be getting a big check at the end of this.

Louisville is going down in flames, and it couldn't happen to a nicer athletic program.

I am currently negotiating an executive separation where the employment agreement has a very narrow definition of "cause." If Pitino had any involvement or even negligently failed to supervise his staff, there's gross misconduct that materially injured his employer. Bribery that's going to result in severe sanctions? That's more than enough.

But, yes, they will settle. Neither side wants to arbitrate/litigate.

 

[ctchamps]

Someone had been sitting on that gem.

How much does the ACC really care about Louisville? We are about to find out.

How about Swoford and his son at Raycom. This goes full circle to part of the reason Ville over UConn.

 

[huskymedic]

It is shocking to me that a state institution signed a contract that would require a $44M buyout without cause. Doesn't mean it didn't happen. If the federal allegations are true, you would also think that would constitute cause, but again, it would be up to the contract which almost certainly would carefully state what constitutes "cause," and not left to broad common law interpretations of the phrase.

Sorry I can't be more helpful.

I am currently negotiating an executive separation where the employment agreement has a very narrow definition of "cause." If Pitino had any involvement or even negligently failed to supervise his staff, there's gross misconduct that materially injured his employer. Bribery that's going to result in severe sanctions? That's more than enough.

But, yes, they will settle. Neither side wants to arbitrate/litigate.

https://media.bizj.us/view/img/8556042/pitino-current-contract.pdf

Just Cause clause on page 12 (Section 6)

 

[Stinger92860]

That's A'ja Wilson

Yes, I screwed up.

 

[krinklecut]

https://media.bizj.us/view/img/8556042/pitino-current-contract.pdf

Just Cause clause on page 12 (Section 6)

6.1.2, 6.1.3, 6.1.4 can all apply. Dude isn't getting a payday

 

[nelsonmuntz]

I am currently negotiating an executive separation where the employment agreement has a very narrow definition of "cause." If Pitino had any involvement or even negligently failed to supervise his staff, there's gross misconduct that materially injured his employer. Bribery that's going to result in severe sanctions? That's more than enough.

But, yes, they will settle. Neither side wants to arbitrate/litigate.

You are the lawyer, but gross misconduct is a big mountain to climb, especially for failure to supervise. Louisville's got a good case, but so does Pitino. They will settle, and it will be a big number.

The one spot Pitino has to be careful is getting charged himself. A conviction will bust every employment agreement, and an indictment will bust most of them.

 

[businesslawyer]

I am currently negotiating an executive separation where the employment agreement has a very narrow definition of "cause." If Pitino had any involvement or even negligently failed to supervise his staff, there's gross misconduct that materially injured his employer. Bribery that's going to result in severe sanctions? That's more than enough.

But, yes, they will settle. Neither side wants to arbitrate/litigate.

There is one more factor at play thought. If Louisville is whacked hard by these sanctions, Louisville could countersue Pitino for breaching his duties to the university, and could easily allege damages of $44M or more.

 

[huskymedic]

 

[nelsonmuntz]

6.1.2, 6.1.3, 6.1.4 can all apply. Dude isn't getting a payday

6.1.3 is the killer for Pitino. It is the one brightline definition not subject to interpretation. The UL lawyer that put that clause in deserves a hooker and whatever leftover blow is in Jurich's office. He/She saved the university $44 million today.

 

[intlzncster]

Fair enough. Anyone who bites the tip line nonsense is a moron. Shut up and lawyer up. Those are the only two options.

Fear makes people do all kinds of irrational things.

And I can't imagine the amount of 'negative recruiting' flowing through that tip line atm

 

[CardiacAndre7]

anywhere to watch this presser?

 

[Stinger92860]

This could be interesting, I wonder if there are any nervous people on Tobacco Road?

Here are the implications for Miami (aka University-7) from the FBI’s bribery probe

Getting to the heart of the question, the identity of “Player-12” is likely 5-star wing Nassir Little. He is a current high school senior, with a graduation date in 2018, and plays on Florida 1. Additionally, Little participated in the adidas nations global event on August 3-7, 2017 in Houston, TX. This timeline matches up with “Player-12” having a conversation with a “Company-1” (adidas) executive at a “Company-1” (adidas) sponsored event geared toward high school amateur athletes on the dates listed from the released complaint.

Listed by all recruiting services as a top-15 player in the class of 2018, Little is the kind of elite talent that could demand a payment in the range of $150,000.

Miami, along with North Carolina, Arizona (which had an assistant coach arrested in connection to this FBI investigation), and Duke are among the teams most heavily recruiting Little.

 

[nomar]

You are the lawyer, but gross misconduct is a big mountain to climb, especially for failure to supervise. Louisville's got a good case, but so does Pitino. They will settle, and it will be a big number.

The one spot Pitino has to be careful is getting charged himself. A conviction will bust every employment agreement, and an indictment will bust most of them.

The contract I'm dealing with has a significantly narrower definition of just cause than Pitino's. Take a look at it. It's actually quite easy to trigger. As @krinklecut pointed out, Louisville can take multiple bites at the apple. He'll get something because Louisville isn't going to want to essentially prove how bad its head coach acted, but they have more leverage than he does.

 

[UConnNick]

Our greatest crime was accurately reporting our APR scores and being the victim of rule being retroactively applied to us.

When you compare that to the Syracuse, UNC and Louisvilles of the world, it is pretty hard to call us "cheaters."

What's really amazing is our experience with NCAA punishment, even when we have attempted to take the high road, has been abysmal. At some point, knowing what's going on rampantly at other schools, why not just jump into the same cesspool as everybody else? If they're going to hand you maximum punishments for relatively minor violations anyway, what motivation is there to attempt to play by the rules? You're going to get hammered either way, so you might just as well cheat at the same level as everybody else does. It's an example of the total failure of the NCAA, particularly when it comes to encouraging schools to act responsibly.

When you consider what we have accomplished as an athletic program despite having to compete directly with the slimiest of the slime bag schools, it's truly amazing. And I'm not naive enough to think we are lily white because we're not, but events over the past several months sure make us look pretty good as compared with some of our peers.

 

[intlzncster]

Sure. Now they know just how valuable he is!

What do you think he's worth? $100k?

yes this is a joke not insinuating anything relax

 

[intlzncster]

Not likely. There isn't enough money involved. If it does, look for UNC and Maryland to lead the way. Also, possibly, Texas.

TN. And Tejas.

But no, it doesn't happen. Most is likely a few meals and some free swag. All secondary violations. And the FBI would scoff at investigating the amount of money involve in WCBB, if there was any.

 

[CL82]

I feel that we've been through this before...(Yup, we have)

Helmsley was convicted of Tax Evasion, which is a willful act. While it is true that the IRC has provisions for criminal offenses, one does not go to jail for simply owing an acknowledged tax liability. There is a difference and the IRS has the ability to garnish without consent a substantial portion of take-home pay, which could lead to a circumstance worse than jail time. That is why you don't fark around with the IRS.

The poster I replied to suggested that the IRS doesn't have the ability to put imprison you. I, correctly, pointed out that there are criminal provisions under the IRS code. Um, you agree with that, right?

As to your link, I can't believe that you are still butthurt over this, so much so, apparently, that you used a quote with a revised position that you took later in the thread rather than your original one. Here's the discussion from the start.

Your original position:

Paying taxes is not fascism, because it is voluntary.

In terms of the IRS or DRS, you cannot simply go to jail in the United States for owing taxes.

That statement was wrong then and still wrong now, as the discussion in the link explains in greater detail.

 

[temery]

And I can't imagine the amount of 'negative recruiting' flowing through that tip line atm

I just narced on Kentucky, so they got at least one call.

 

[brasssbonanzaa]

Paying taxes is voluntary? What a fool I've been for the last decade.

 

[UCweCONN]

Heron is dirty. Wait and see.

Hookers and paying kids and Louisville still couldn't win a national title. I bet the ACC regrets accepting Louisville into the conference now. Maybe they can boot them and we can take their spot?

 

[WhereistheDove?]

Paying taxes is voluntary? What a fool I've been for the last decade.

All you have to do is move out of the country and renounce your citizenship.

 

[UConnSportsGuy]

I bet the ACC regrets accepting Louisville into the conference now.

Louisville has a Top 20 football team and the defending Heisman winner. Those that drove the decision for the ACC (FSU, Miami, Clemson, etc) have no regrets.