I Repeat: NCAA “Enforcement Review” by Cadwalader Found NO Violations

Dennis Dodd, of CBS, for whom I have respect because he is usually both aggressive and skeptical, has nonetheless just jumped off a high cliff without first looking down. (See his article, ‘New Enforcement Cop Duncan Faces Battles Inside, Outside NCAA Walls’)


In his review today of the NCAA Enforcement staff mess — a meltdown, it appears, where staffers meeting for the first time late last week with new Enforcement Chief Duncan (who replaced the unjustly vilified Ms. Lach) were found variously sobbing, wailing, or complaining – Dennis remarks that,

“To the outside world, paying an outside attorney (Elena Perez) to obtain information otherwise not attainable in the Miami case seems obviously unethical.”

If this was so obvious, then Ken Wainstein of Cadwalader, commissioned by Emmert to conduct an “objective” outside review, missed the obvious. Wainstein found no violations of any written statute, bylaw, or rule. Period. Nor did he find any violation of any specific ethical rule or precept. So it’s still a mystery, rather than being anywhere even close to  obvious.  Attorney Wainstein was supposed to have given all of us an unvarnished look, from the “outside world” as to what exactly was right or wrong about the NCAA investigation of the ‘U.’  (See also my related posts, Badly Flawed NCAA Enforcement Review Uses Ouija Board – Not Rule of Law- to Find Violations;  The Fatuous NCAA Enforcement Review Report: Julie Roe Lash Got Bagged to Save Emmert and Remy; )

Wainstein found nothing. Zippo. Zero.  And in fact, Wainstein made up out of thin air the just plain silly notion that the NCAA investigator in the UMiami case violated “prudential concerns“, and the “expectations” of NCAA members. This is akin to announcing that somebody failed to open the door for the female as she entered, or that a staffer used his ‘salad’  fork on the ‘entree’ course. It’s nonsense, and the kind of frivolous, fabricated alleged violation which ought not concern serious people.

But a substantial majority of the sporting press has jumped off this same lemming-cliff with Dennis Dodd: they all actually think that something heinous was done by the NCAA staff.  According to what we know so far, nothing wrong was done;  Attorney Wainstein appears to have …. intuited some Grand Consensus-in-that-NCAA-Member-Sky about what all these many members all very surely believe as to what is “prudent.”

It’s poppycock, and people like Dennis Dodd need to grab an ammonia-drenched hanky, and get ahold of themselves.  Wainstein got hired by Emmert to give him cover; Wainstein showed a complete lack of moral authority or dedication to truth, and gave Emmert what he wanted.

Here’s the appropriate response to the Wainstein/Cadwalader evaluation: Bullshit.com.

As far as we now know, no wrongdoing was done by the NCAA investigative staff in hiring Attorney Perez.  (Other than, as I pointed out in my earlier post, ‘The Fatuous NCAA Enforcement Review Report: Julie Roe Lash Got Bagged to Save Emmert and Remy’, 2/21/13), Investigator Najjir having countermanded an internal order from a superior.)

And, as I will show in my next post, this voodoo claim of some Investigator wrong pales alongside a developing, but entirely ignored – and much more serious — set of violations involving the NCAA and its’ member schools. Stay tuned.

About brewonsouthu

lawyer, with interest in college sports and NCAA oversight and decisions, and sports generally.
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