The external review of NCAA Enforcement’s use of an attorney to help gather information in the Miami investigation has been discussed thoroughly by the media.  The investigation found that some members of the enforcement staff: 1) knowingly circumvented legal advice to engage Nevin Shapiro’s criminal defense attorney; 2) violated the internal NCAA policy of legal counsel only being retained and monitored by the legal staff; 3) paid insufficient attention to the concern that engaging the criminal defense attorney could constitute an inappropriate manipulation of the bankruptcy process; 4) did not sufficiently consider the membership’s understanding about the limits of the enforcement staff’s investigative powers; 5) did not violate a specific bylaw or law; 6) enforcement leadership exercised insufficient oversight of the engagement of the criminal defense attorney; and 7) the legal and enforcement staffs took appropriate action to rectify the situation once they realized select enforcement staff members had engaged the criminal defense attorney.  For more information and review, click here.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.