That is exactly what they are doing. They don't want to punish Miami (if they really did the investigation would have ended a while ago and 'Tha U' would have gotten the death penalty) so they needed to find a loophole.
Death penalty for what? Kids riding on boats with girls? Even the con man said he couldn't buy players because he "couldn't afford to compete with the SEC". If you can believe him that is, if you can believe anything that he has said throughout this whole thing. The NCAA has been there for all this time because they can't prove, or make sense of what this guy has been putting out there. I think this guy is just running his final con, on Miami, Yahoo, and now the NCAA in an effort to promote whatever book he plans to write.
They don't want to punish Miami. That's laughable as they already have punished them pretty good by keeping them in Limbo all this time. Not to mention the fact that they have been collecting "evidence" that they shouldn't have. All of their investigative tactics should be called into question in my opinion.