The NCAA investigation of the University of Miami may have been tainted, so for now the Notice of Allegations for the Hurricanes will have to be put on hold. The NCAA announced that there was a potential issue regarding improper conduct. Former members of the NCAA enforcement staff reportedly obtained information for the investigation via a bankruptcy proceeding.
This proceeding did not involve the NCAA and the organization cannot obtain testimony outside the usual enforcement process. The NCAA lacks the power of subpoena and should not have access to the information it gained from this part of its investigation, meaning NCAA president Mark Emmert now has to answer questions about whether the whole case against Miami could be tossed.
And it gets even more amazing than that:
It gets worse. The NCAA actually had the Shapiro attorney on its payroll. "This is obviously a shocking affair, said Emmert.— Stewart Mandel (@slmandel) January 23, 2013
Emmert released this statement.
"I have been vocal in the past regarding the need for integrity by NCAA member schools, athletics administrators, coaches, and student-athletes," said Association President Mark Emmert. "That same commitment to integrity applies to all of us in the NCAA national office."
Emmert has commissioned an external review to ensure that the enforcement staff can be held up to standards of integrity and accountability.
The University of Miami is currently under investigation for the allegations by booster Nevin Shapiro for providing goods and services to Miami recruits in hopes of convincing them to become Hurricanes. Now the organization that is investigating Shapiro must investigate itself for its own investigation.
Update: Miami president Donna Shalala has commented:
"Since the University first alerted the NCAA to the possibility of violations more than two years ago, we have been cooperative and compliant with the NCAA and, I believe, a model for how institutions should partner with NCAA staff during investigations. In addition to encouraging current and former staff members and student-athletes to cooperate with investigators, we have provided thousands of documents to the enforcement staff.
"I am frustrated, disappointed and concerned by President Emmert's announcement today that the integrity of the investigation may have been compromised by the NCAA staff.
"As we have done since the beginning, we will continue to work with the NCAA and now with their outside investigator hoping for a swift resolution of the investigation and our case.
"I want to thank our community for their continued support and patience.
"Stand with the U."
Head to State of the U to talk about this latest development in the Shapiro case.
If you're Al Golden, this is chance to fight the negative recruiting. You can tell recruits"chance #Canes don't get hit with anything."— SB Nation Recruiting (@SBNRecruiting) January 23, 2013