ADVERTISEMENT

NCAA BB trial update (NIKE)

R

REDFISTFURY3

4500+
Mar 21, 2015
4,665
2,009
26
 
Of all people to expose it, dumb*** Avenatti is the last one they needed to expose this stuff. Him extorting Nike is what will keep this stuff under wraps. If he did that to intentionally hurt Noke for his own gain, then they’ll suppress it.

That coach should’ve recorded that call and sent it straight to the NCAA.
 
Ibleedblue1973 said:
Facts are f acts. If laws were broken and it can be proved it is what it is
Click to expand...
Depends. If the evidence was gained illegally, a judge can throw it out if it doesn’t truly matter to the case. And the payments could be legal under US law but against NCAA rules, so the judge may not even care to expose it.

The unlucky part about the Addidas case was that it wasn’t about college basketball corruption at first, it started out as a wire fraud case where a guy embezzled over $2 million from athletes to go towards his own movie projects and other pyramid schemes. It really was a 1 in a million type situation as then that case brought in wire taps and an actual paper trail.
 
  • Like
Reactions: leon_lou and Law007
I think the only way that the evidence could have been illegally obtained is if the consent of both parties was required to record it.

And since Avenatti is facing criminal charges, he will be given the broadest latitude to introduce evidence that would vindicate him. The evidence would have to be germane to his defense, not just an effort to smear Nike...
 
zipp said:
I think the only way that the evidence could have been illegally obtained is if the consent of both parties was required to record it.

And since Avenatti is facing criminal charges, he will be given the broadest latitude to introduce evidence that would vindicate him. The evidence would have to be germane to his defense, not just an effort to smear Nike...
Click to expand...
A little off topic, but do you have a background in some sort of law? Your debate style and knowledge of certain subjects seems like you’ve been in a research or law field at some time in your life.
 
LeFors4Ever said:
A little off topic, but do you have a background in some sort of law? Your debate style and knowledge of certain subjects seems like you’ve been in a research or law field at some time in your life.
Click to expand...
nccardfan said:
He watches Matlock a lot...
Click to expand...
Some things you don't necessarily need a law degree to understand...

Recording a conversation

Evidence in Criminal vs Civil Proceedings

"Society has a vital stake in the prevention of crime, and until it develops better and more humane methods, the threat of punishment will remain one of the most important tools for the control of potentially criminal conduct. In order to be credible, deterrence requires a substantial number of prosecutions and convictions. In a free society, however, effective law enforcement will be acceptable only if it is evenhanded. In other words, the public has a strong interest in the diligent prosecution of all persons accused of serious crimes. If an accused is acquitted solely because a criminal court excludes illegally obtained evidence, this important public policy is thwarted. Consequently, a rule calling for the exclusion of that evidence must rest on the conclusion that other policies, such as the right of privacy, the discouragement of official lawlessness, or the integrity of the judicial process, are more important than rigorous enforcement of criminal law.

Society has little direct concern, however, in the actual outcome of individual lawsuits between private parties. Public interests, of course, are not vindicated only in actions to which the government is a party. The prospect of civil liability is an effective public sanction, and in a more complex manner, the prospect of adverse adjudication in suits to determine status likewise serves as a deterrent..."
 
nccardfan said:
He watches Matlock a lot...
Click to expand...
th
 
  • Like
Reactions: Deeva and PHCARD
Politics and “big money” can influence the process in terms of what evidence is admissible. You can get opposing opinion and interpretations depending on which Judge is hearing the case.

I agree with Zipp in this instance; Avenatti may be viewed as a scoundrel, but he is first and foremost a defendant facing criminal prosecution and I expect the Judge will give Avenatti every possible consideration ...... including those recordings. Avenatti’s defense depends on demonstrating intent, and the recordings provide evidence of his intent. Where the Court might restrict their admission is during any subsequent prosecution of the Nike defendants. Contrary to what most believe, the defendant in a criminal trial has a huge advantage in terms of what evidence is or is not admissible.
 
2330859 said:
Politics and “big money” can influence the process in terms of what evidence is admissible. You can get opposing opinion and interpretations depending on which Judge is hearing the case.

I agree with Zipp in this instance; Avenatti may be viewed as a scoundrel, but he is first and foremost a defendant facing criminal prosecution and I expect the Judge will give Avenatti every possible consideration ...... including those recordings. Avenatti’s defense depends on demonstrating intent, and the recordings provide evidence of his intent. Where the Court might restrict their admission is during any subsequent prosecution of the Nike defendants. Contrary to what most believe, the defendant in a criminal trial has a huge advantage in terms of what evidence is or is not admissible.
Click to expand...
Well in terms of severity.

Say Avenatti had film of a person having an affair and used it as leverage to get money/access. Would the judge allow the film to go public if it would do damage to said person’s reputation?

If the illegal recording was meant to only harm, then the victim has a right to protection/privacy.

Avenatti has to somehow prove that using an illegal recording to extort a company justifies its release.
 
LeFors4Ever said:
Well in terms of severity.

Say Avenatti had film of a person having an affair and used it as leverage to get money/access. Would the judge allow the film to go public if it would do damage to said person’s reputation?...
Click to expand...
If there wasn’t a question about whether the affair occurred, the evidence wouldn’t be needed. If the prosecution challenged Avenatti’s assertion of an affair, absolutely that evidence is relevant.

I have no idea whether that type of evidence would be viewed in a public courtroom or not, but the parties involved and the jury, if applicable, would see it...
 
Last edited:
zipp said:
Watch those text messages...

Avenatti Says Nike Text Messages Show Lawyers Mocking FBI, Undermine Extortion Case
Click to expand...
This right here is why the NCAA looks even more foolish by continuing to go after these schools brought up in this shoe crap. Anybody with sense knows that Adidas was not and is not bidding on kids against themselves. And that Nike is and has been the kingpin in this crap. Ncaa would do best by just saying they are not going to pursue this anymore and from this point forward all schools atart with a clean slate. And anythng past this point you will be held to the new standards. Only makes sense.
 
It’s amazing the little coverage following this trial. If the evidence that Avenatti and his defense claim to have regarding Nike, this trial could be just as big at the last trials regarding implications of schools and Nike execs...

No major sports news outlet is covering this trial outside of yahoosports, which is interesting considering ESPN had the story regarding Adidas’ involvement pinned at the top of their NCAA men’s page for months during the fbi trial.
 
Last edited:
  • Like
Reactions: shadow force
kentuckyshame said:
It’s amazing the little coverage following this trial. If the evidence that Avenatti and his defense claim to have regarding Nike, this trial could be just as big at the last trials regarding implications of schools and Nike execs...

No major sports news outlet is covering this trial outside of yahoosports, which is interesting considering Nike had the story regarding Adidas’ involvement pinned at the top of their NCAA men’s page for months during the fbi trial.
Click to expand...

It’s not nice to mess with the master. Nike is the master among boys.
 
  • Like
Reactions: kentuckyshame
You must log in or register to reply here.

Similar threads

Pervis_Griffith

Nike schools implicated in ongoing FBI investigations/trials

Replies
36
Views
2K
Premium: Collision Course
PHCARD
PHCARD
Guardman

WSJ: Criminal Trial to Cap Off Tumultuous Year in NCAA Basketball

Replies
10
Views
486
Premium: Collision Course
Jack Coffee
J
ADVERTISEMENT

Latest posts

ADVERTISEMENT
Top Bottom
Back