NCAA Miami Investigation: Semantics, Burner Phones And Almost Zero Accountability
The NCAA released the findings of its investigation into the misconduct by its enforcement staff during its investigation of the Miami Hurricanes. Shockingly, NCAA President Mark Emmert will not be going down with the lavishly accommodated private jet. Below are a cursory summary of the report and a few nuggets we found interesting.
The Result: This investigation found no violations of laws or bylaws, but did find violations of “internal NCAA practice” that were not “consistent with the NCAA membership’s understanding about the limits of the enforcement staff’s investigative powers.” Multiple parties showed a lack of oversight.
Your Arch-Villain: Ameen Najjar was the NCAA’s Director of Enforcement. Nevin Shapiro’s attorney Maria Elena Perez presented a scheme to use the bankruptcy hearings to subpoena testimony for the NCAA. Najjar sought legal approval. He was told he could not hire Perez. He found a “way around” where he could not retain her but could pay for her work. He did not seek additional legal approval for his “way around” and suggested to those with oversight the legal counsel had approved it. He coordinated the depositions with Perez.
Heads Rolled: Ameen Najjar was fired last summer. Vice President of Enforcement Julie Roe Lach, who approved the action, has been fired. [Update: Roe Lach is the same NCAA official that got snippy with Gene Chizik in July 2011]
How This Emerged: Perez sent invoices for ancillary expenses that were paid out by the NCAA enforcement staff. Alarms were raised when Perez sent an invoice for around $57,000 in hourly charges, well exceeding the initial $15,000 budget. As John Infante points out, one could reasonably assume that had the invoices stayed under budget this never have come out.
Miami Knew: University of Miami attorneys knew about the plan to use Perez to subpoena testimony for the NCAA, but did not object to it on NCAA grounds. According to the report, Miami attorneys “did not want to appear uncooperative or look like they were standing in the way of truth.” A school under NCAA investigation did not stuck up for its rights because not showing complete submission might worsen its punishment. That, friends, is the sign of a healthy, legalistic process.
Burner Phones: Like your run of the mill corrupt coach, the NCAA uses burner phones during investigations. Former NCAA Associate Enforcement Director Rich Johanningmeier bought such a phone to communicate with Nevin Shapiro from prison and paid him $4,500 for his trouble.
To facilitate communications between the NCAA and Mr. Shapiro, Mr. Johanningmeier purchased a disposable mobile phone and paid for Mr. Shapiro’s use of the prison telephone system. Mr. Johanningmeier, in turn, expensed those costs to the NCAA. (Comley; Lach; Johanningmeier; Najjar; Shapiro). We learned that the NCAA had expended approximately $8,200 to fund communications with Mr. Shapiro, including transfers of approximately $4,500 to his prison commissary account from which he pays for communications expenses
Johanningmeier was the NCAA point man on its USC investigation. He retired in 2012.
Umm…What? The NCAA’s Corporate Operating Officer Jim Isch, No. 2 in command, approved the expenditure to Perez. The NCAA justified not punishing him by claiming “he did have a role in approving the Perez proposal, but he did not have responsibility for vetting its appropriateness.”
Here is the definition of “approve” from the New Oxford American Dictionary: “officially agree to or accept as satisfactory.” Here is the definition of “vet:” “to make a careful or critical examination of.” Apparently, Isch’s job was to approve things, but not think too hard or to be held responsible should they turn out problematic.
Logical Conclusion: NCAA actions have created a cloud, overshadowing every investigation, conclusion and punishment levied. They have made a mockery of terms such as “atmosphere of compliance” and “lack of institutional control” deployed with an ample umbrella. Coming mere months after the NCAA pledged to hold head coaches accountable for the actions of their assistants, the disavowal of responsibility by NCAA leadership is laughable.
NCAA Conclusion: A few bad apples. Everyone else acted commendably. Back to your normally scheduled programming. Move along.
[Photo via USA Today Sports]

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30 Responses to “NCAA Miami Investigation: Semantics, Burner Phones And Almost Zero Accountability”
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February 18th, 2013 at 5:37 PM
I’ve read through this post and I’m not really sure what the NCAA did that was wrong. it is the end of the day though and my brain is a bit fried.
February 18th, 2013 at 5:40 PM
Emmert plans on responding by doubling Penn State’s sanctions
February 18th, 2013 at 5:42 PM
http://www.thebiglead.com/index.php/2011/07/14/ncaa-sternly-but-really-feebly-to-gene-chizik-were-not-done-with-you-yet/
February 18th, 2013 at 5:45 PM
So why is that a problem, exactly?
February 18th, 2013 at 5:49 PM
Burner Phones:
So why is that a problem, exactly
I don’t think he’s saying its a problem by itself, but when you add that up with other things it can be scene as, and I’m using a technical legal term here, shady as shit.
February 18th, 2013 at 5:49 PM
Scene=seen.
February 18th, 2013 at 5:50 PM
I don’t get how that is the logical conclusion? So you want somebody to take responsibility for the Code Red? And that will makes things ok?
February 18th, 2013 at 5:50 PM
I liked it better the first time. you should have just owned it.
February 18th, 2013 at 5:51 PM
but Airmen O’Malley and Rodriguez are gonna testify there was no flight.
February 18th, 2013 at 5:52 PM
So Shapiro used prison phones which I’m sure weren’t exactly expedient, so the NCAA guy buys a disposable phone to make things more efficient…and that’s shady as shit? Or are our preconceived notions about “burner phones” (aka The Wire) affecting their use?
February 18th, 2013 at 5:55 PM
I liked it better the first time. you should have just owned it.
I’m not cagey enough.
February 18th, 2013 at 5:55 PM
I didn’t read the report but how’s this for a scenario –
Mr. C.O.O., we need your signature on this 200 page expense report.
Mr. C.O.O says, “hurry up, I’ve got a zillion other things to do today” and signs the document.
February 18th, 2013 at 5:56 PM
So Shapiro used prison phones which I’m sure weren’t exactly expedient, so the NCAA guy buys a disposable phone to make things more efficient…and that’s shady as shit? Or are our preconceived notions about “burner phones” (aka The Wire) affecting their use?
It could be either. But when there is a preponderance of evidence one way or the other logic insists that we not look at other evidence in isolation.
February 18th, 2013 at 5:57 PM
So Mindy Mcready killed her dog before killing herself? What a bitch.
February 18th, 2013 at 5:57 PM
As these stories keep coming out, I find some analysts are surprised by the NCAA stumbles under Emmert’s “leadership”. As a reminder, this is the guy that sat by and let Washington’s athletic cash cow completely fail under the joke that is Tyrone Willingham. I’m surprised the NCAA hasn’t fully imploded like UW football. Or maybe that was his plan all along: bring it down from the inside. He’s sure been doing a heckuva job at that.
February 18th, 2013 at 6:02 PM
It reminds me of being in middle school when cell phones and pagers were banned because only drug dealers used pagers and cell phones.
February 18th, 2013 at 6:04 PM
You have no way of knowing, which is why it is a problem. Hypocritical. Would have slammed any coach caught using a burner.
February 18th, 2013 at 6:06 PM
It reminds me of being in middle school when cell phones and pagers were banned because only drug dealers used pagers and cell phones.
Perfectly good point. I’m making no value judgment on this situation myself, I’m only saying that a number of things when added together can form a picture a guilt, whether fairly or not. Just because people use perversions of Occam’s Razor, like the one you mentioned above, to enforce a rule though doesn’t make the preponderance of evidence wrong. It just means that people lose their objectivity when considering it.
February 18th, 2013 at 6:07 PM
Other findings:
–NCAA paid for Emmert’s membership in the Hair Club for Men.
–Based on improper activities by major schools, Cleveland State deserves two more years of sanctions.
February 18th, 2013 at 6:07 PM
At least personal property was not exchanged for tattoos.
February 18th, 2013 at 6:11 PM
Didn’t the NCAA just pull back it’s rulebook on player contact?
February 18th, 2013 at 6:13 PM
–NCAA paid for Emmert’s membership in the Hair Club for Men.
Wait wait wait….someone is paying for his hair to look like that?
February 18th, 2013 at 6:13 PM
That’s fine. It just seems like the preponderance of people who cover the NCAA are writing or have written the same story about this and no one has even considered the merit of the NCAA’s claims. Their minds are made up about the NCAA, therefore their objectivity is blown, and I don’t give a shit what they think, personally, so I can’t make my own mind up.
February 18th, 2013 at 6:14 PM
Rules were after this and have not gone into effect yet.
February 18th, 2013 at 6:31 PM
burners are used to conduct illegal activity or talk to your side chick. An enforcement agency such as the NCAA who undoubtebly have protocols in place in regards to documenting contacts made, using a burner should automatically raise alarms. There is nothing much to think about with that one.
February 18th, 2013 at 6:32 PM
I think the dog was male, actually
February 18th, 2013 at 6:32 PM
Emmett’s a arrogant fockin prick. That photo is a window into his soul.
February 18th, 2013 at 7:13 PM
So is PSU facing more sanctions or what?
February 18th, 2013 at 11:25 PM
The NCAA has shown a blatant lack of institutional control here. They are hereby banished from banishing anybody for 3 years.
February 19th, 2013 at 2:26 PM
The word is the news organizations at CBS and ABC are going against their CEO’s wishes and pulling out an all-encompassing investigation. No one will be spared if their investigation turns out to find their cash cow, the NCAA, is corrupt.
If this means no more NCAA basketball tournament on CBS or college football on ABC/ESPN, then they are prepared to release them from their contracts and have nothing to do with college sports any longer.
CBS is sending a 60 minutes crew and ABC a crew from Nightline.
Both are expected to arrive at MIAMI UNIVERSITY IN OXFORD, OHIO by thursday of this week to begin the investigation.