Christian Dawkins, James Gatto and Merl Code are on trial in federal court in New York for wire fraud and conspiracy. But the real question isn't whether they did or didn't do what they are accused of doing -- because they will admit what they did. The real question is whether there was a crime committed at all.
Dawkins, Gatto and Code are the first three defendants brought to trial in the FBI's investigation into the seedy underbelly of college basketball. The three men are accused of paying players. But who are the victims in this?
On Thursday, Bruce Bowen testified about the offers he received for his son, Bruce II (otherwise known as Tugs) from various schools around the country. He had (monetary) offers from Oklahoma State, DePaul, Creighton and Louisville. He chose the money Louisville was offering him -- or, more precisely, his father chose Louisville.
The feds (and the NCAA) are trying to make out the schools as the victims in this vast conspiracy. The only problem is that the schools are ankle deep in their own shit. It is no secret that schools have orchestrated payments to football and basketball players for decades. Usually the money -- or the "show up" job -- came from boosters which allowed the schools to deny any knowledge of the practice. That worked out well until SMU pissed in the punch bowl and had their football program shut down for lack of institutional control.
Over the years other schools have done things far worse than the boosters at SMU did during the heyday of the Pony Express. But no other school has ever had their football or basketball program shut down. The NCAA saw the damage that caused (SMU has never recovered from the death penalty and will likely never do so), and have let major schools off with slaps on the wrist for behavior that SMU boosters would find shady.
Meanwhile NCAA officials, conference commissioners, head coaches, television executives and casino sports books continue to make money hand over fist from college football and basketball while the players receive a scholarship and a small stipend. Everyone is getting paid except the athletes. But the NCAA doesn't want you to focus on that inconvenient little fact. They bring out their smoke and mirrors to distract your attention.
The NCAA wants you to believe that the principal of amateurism is at the heart of college athletics and that student athletes compete for the thrill of the competition itself. And they will throw the book at any athlete who admits to receiving any payment from a booster. They will suspend him and call him dishonest and a disgrace.
But no one has anything to say about football coaches making over $5 million a year coaching these amateur athletes.
The defense strategy is to admit to everything with regard to paying players. While that may be a violation of NCAA rules, it is not a criminal offense. Who was defrauded? Not the schools - they knew what was going on and they turned a blind eye to it. The job of their compliance officers was to cover up what they could and to create plausible deniability should anyone ever come knocking on their door.
The players weren't defrauded. They got paid. The fans weren't defrauded. They continued to buy tickets and watch games on the tube.
This trial is a waste of time and money. It is an attempt by the NCAA to cover up its own problems and to defend shamateurism.
These are the musings, ramblings, rantings and observations of Houston DWI Attorney Paul B. Kennedy on DWI defense, general criminal defense, philosophy and whatever else tickles his fancy.
Showing posts with label college basketball. Show all posts
Showing posts with label college basketball. Show all posts
Friday, October 5, 2018
Thursday, May 17, 2018
Same as it ever was
Now that the US Supreme Court has declared the Professional and Amateur Sports Protection Act unconstitutional and paved the way for legalized sports wagering across the country, yet more folks will make money at the expense of college athletes.
I'm not going to rehash the holding of the court because that heavy lifting has already been done. My focus is, instead, on the continued exploitation of college athletes under the guise of amateurism. This quaint notion goes back to 19th century England. The upper class decided their children were too soft from generations of sloth and so they encouraged their children to take up sports. In order to protect their precious snowflakes from the dirty masses, they came up with the idea of amateurism - a concept that allowed those who had the means not to have to work, to compete in athletic competitions with other like-minded souls. This notion extended to the relatively new sport of college football.
Before World War II, college was largely restricted to the children of the wealthy. That began to change after the war with the GI Bill which made college affordable for those who had served in the military. In the 60's - and into the 70's - colleges in the south were finally integrating both their student bodies and their athletic teams. The awarding of athletic scholarships suddenly made a college education for poor and black families.
All of this was well and good while college football remained a regional sport. When I grew up in the 70's and 80's, you were lucky to get three or four college games a Saturday. You would get a nationally televised game on ABC (and mayble a regional one, too). You might get a Notre Dame game and, if you were lucky, a syndicated game of the week. Let's just say the money wasn't exactly rolling into the coffers in those days.
In the 80's many colleges filed suit against the NCAA arguing that its television policies were hurting its members. The schools - and conferences - won the right to negotiate their own television contracts. You also had the birth of ESPN - and ESPN needed programming to fill its schedule.
Suddenly there was an explosion of television money in college sports.We went from a couple of live games a week to somewhere between one and two dozen games every Saturday. Networks paid increasing amounts of money for the rights to broadcast those games and the schools began making money.
Then there was the NCAA Men's Basketball Tournament. It began marketing itself as March Madness. The field expanded from 32 to 48 to 64 to 68 teams. CBS and Turner pay billions of dollars to televise the games.
Coaches were the first to reap the rewards of television money. Network and advertising executives took their cut. Video game makers created games and made millions off of college athletics. Sporting apparel companies made money selling jerseys and shirts. But the players saw none of it.
Now with sports betting legalized, sports books, casinos and racetracks across the country are gearing up to meet the expected demand. They are all ready to get their cut out of legal betting on college football and basketball games. The NCAA is talking about charging firms who take bets on college sports a fee to pay for increased monitoring of the sport.
But no one is talking about the players getting a piece of the pie. Gaming executives will get theirs. State treasuries will get theirs. Networks and ad agencies will get theirs. The NCAA will get theirs.
Yet once again the athletes will serve as nothing more than the vessel for money passing from one hand to another. Life down on the plantation will continue same as it ever was.
I'm not going to rehash the holding of the court because that heavy lifting has already been done. My focus is, instead, on the continued exploitation of college athletes under the guise of amateurism. This quaint notion goes back to 19th century England. The upper class decided their children were too soft from generations of sloth and so they encouraged their children to take up sports. In order to protect their precious snowflakes from the dirty masses, they came up with the idea of amateurism - a concept that allowed those who had the means not to have to work, to compete in athletic competitions with other like-minded souls. This notion extended to the relatively new sport of college football.
Before World War II, college was largely restricted to the children of the wealthy. That began to change after the war with the GI Bill which made college affordable for those who had served in the military. In the 60's - and into the 70's - colleges in the south were finally integrating both their student bodies and their athletic teams. The awarding of athletic scholarships suddenly made a college education for poor and black families.
All of this was well and good while college football remained a regional sport. When I grew up in the 70's and 80's, you were lucky to get three or four college games a Saturday. You would get a nationally televised game on ABC (and mayble a regional one, too). You might get a Notre Dame game and, if you were lucky, a syndicated game of the week. Let's just say the money wasn't exactly rolling into the coffers in those days.
In the 80's many colleges filed suit against the NCAA arguing that its television policies were hurting its members. The schools - and conferences - won the right to negotiate their own television contracts. You also had the birth of ESPN - and ESPN needed programming to fill its schedule.
Suddenly there was an explosion of television money in college sports.We went from a couple of live games a week to somewhere between one and two dozen games every Saturday. Networks paid increasing amounts of money for the rights to broadcast those games and the schools began making money.
Then there was the NCAA Men's Basketball Tournament. It began marketing itself as March Madness. The field expanded from 32 to 48 to 64 to 68 teams. CBS and Turner pay billions of dollars to televise the games.
Coaches were the first to reap the rewards of television money. Network and advertising executives took their cut. Video game makers created games and made millions off of college athletics. Sporting apparel companies made money selling jerseys and shirts. But the players saw none of it.
Now with sports betting legalized, sports books, casinos and racetracks across the country are gearing up to meet the expected demand. They are all ready to get their cut out of legal betting on college football and basketball games. The NCAA is talking about charging firms who take bets on college sports a fee to pay for increased monitoring of the sport.
But no one is talking about the players getting a piece of the pie. Gaming executives will get theirs. State treasuries will get theirs. Networks and ad agencies will get theirs. The NCAA will get theirs.
Yet once again the athletes will serve as nothing more than the vessel for money passing from one hand to another. Life down on the plantation will continue same as it ever was.
Monday, February 9, 2015
Food for thought
Here are a few items I picked up the last week or so that seemed particularly relevant for one reason or another...
If you represent defendants who are under the age of 25, you might want to listen to this interview Fresh Air's Terry Gross had with Dr. Frances Jensen about her new book The Teenage Brain. Dr. Jensen explains why the judgment of a young adult may be a bit impaired due to both biological and environmental conditions.
Former CIA agent John Kiriakou was released from federal prison last week after serving almost two years for disclosing the truth about the CIA's torture program. Mr. Kiriakou is the only person who has been convicted or sentenced to prison regarding the torture program launched under President George W. Bush. To date, not one person who signed the orders, supervised the torture or penned a memo justifying torture has been punished. Amy Goodman interviewed him on Democracy Now! this morning.
Here's a piece I wrote just before Mr. Kiriakou reported to prison.
Finally, I'm not much of a college basketball fan. The games are too micro-managed by coaches and the "action" on the court can put you to sleep. This weekend, the legendary North Carolina coach, Dean Smith, died. While he was celebrated in the media for winning championships the "Carolina Way," not much has been said about the amazing things he did off the court. Mr. Smith was responsible for integrating the ACC. He was also an outspoken critic of the death penalty. This piece from The Nation's Dave Zirin gives us a little more insight into the man.
If you represent defendants who are under the age of 25, you might want to listen to this interview Fresh Air's Terry Gross had with Dr. Frances Jensen about her new book The Teenage Brain. Dr. Jensen explains why the judgment of a young adult may be a bit impaired due to both biological and environmental conditions.
Former CIA agent John Kiriakou was released from federal prison last week after serving almost two years for disclosing the truth about the CIA's torture program. Mr. Kiriakou is the only person who has been convicted or sentenced to prison regarding the torture program launched under President George W. Bush. To date, not one person who signed the orders, supervised the torture or penned a memo justifying torture has been punished. Amy Goodman interviewed him on Democracy Now! this morning.
Here's a piece I wrote just before Mr. Kiriakou reported to prison.
Finally, I'm not much of a college basketball fan. The games are too micro-managed by coaches and the "action" on the court can put you to sleep. This weekend, the legendary North Carolina coach, Dean Smith, died. While he was celebrated in the media for winning championships the "Carolina Way," not much has been said about the amazing things he did off the court. Mr. Smith was responsible for integrating the ACC. He was also an outspoken critic of the death penalty. This piece from The Nation's Dave Zirin gives us a little more insight into the man.
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