The NCAA's vice president of enforcement approved a five-figure payment to the attorney of Miami booster Nevin Shapiro in order to obtain information in its ongoing Miami infractions investigation, two sources with knowledge of the arrangement told CBSSports.com.Now let's assume the attorney would have deposed these individuals anyway and the evidence she adduced was useful to her client's case:
The sources said enforcement director Julie Roe Lach discussed and approved the disbursement of at least $20,000 in October-November 2011. The NCAA is already conducting an external review investigating what it called "improper conduct" by its enforcement arm.
The NCAA claimed former enforcement staff members improperly gained information from a deposition conducted by Shapiro's attorney, Maria Elena Perez. The NCAA never named the attorney directly. Two men with ties to Shapiro were deposed by the attorney in a bankruptcy proceeding in December 2011, CBSSports.com has learned.
The NCAA does not have subpoena power and cannot compel witnesses outside of its jurisdiction (current coaches, administrators, athletes) to testify. Elena Perez told CBSSports.com she was not being used to give the NCAA access to subpoena power.Question: who is in the wrong here?
"There is nothing wrong," she said.
Certainly seems like a lucky break for UM, which should be able to get out of this investigation without much in the way of meaningful sanctions.