First of all, NCAA investigators are doing their job if they utilize, read, or even listen to statements made under oath in public by fact witnesses who may have knowledge pertaining to an NCAA investigation: they are gathering pertinent facts.
The NCAA’s lack of subpoena power nowhere suddenly transmutes into some NCAA explicit proscription against the NCAA’s use of any.statement, from any jurisdiction or venue, which was obtained through any exercise of some subpoena power by someone else. I’ll even argue that the failure of an NCAA investigator to track down and read the sworn and transcribed testimony of a bankruptcy witness in this case may have been malfeasance on the part of the investigator.
Second, we just don’t know enough. So little is known about the facts of the claimed NCAA investigator misconduct here, and reports vary — so it’s unclear, for example, who was paid what, and the purpose of the payment. Some reports suggest that payment to Atty. Perez were for deposition transcript costs.
Third, the most glaring misconduct thus far is by Pres Mark “Doo-Doo Process” Emmert, who has shown a schoolkid’s understanding of due process by making extremely pejorative, conclusive statements judging the conduct of one or more NCAA staffers prior to his own independent investigation even having started – much less finished.
The NCAA is de facto corrupt, and it’s regulatory/enforcement arm is run by a bunch of amateurs (including Emmert) whose primary animating purpose is to fuel the fiction that its’ professional entertainer-athletes are amateurs.
That being said, judgment ought be suspended until Emmert’s Independent Investigation by an independent law firm is issued.
In the meantime, Emmert’s over his head, and should resign.