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re: The FBI investigation: where is a federal crime involved?

Posted on 9/29/17 at 6:56 am to
Posted by Crowknowsbest
Member since May 2012
25876 posts
Posted on 9/29/17 at 6:56 am to
I think somehow people are thinking "it's just sports" and that financial laws and regulations don't apply. Sports are big business.
Posted by phil4bama
Emerald Coast of PCB
Member since Jul 2011
11455 posts
Posted on 9/29/17 at 7:02 am to
And if it is done without the knowledge and consent of the kid, it borders on human trafficking.
Posted by Dday63
Member since Sep 2014
2297 posts
Posted on 9/29/17 at 7:05 am to
quote:

But the crime is that Persons accepted a bribe (commission/finders fee) to steer player/people to a financial advisor


Its not a "bribe" unless Person was an "agent, employee or fiduciary" of the player. He was not. However, if he lied to the player about the financial guy it could be fraud....but he didn't force any players to sign with the guy and they had the ability to do their own research and learn the truth about him before signing with him. Like I said, really unethical on Person's part, but its a stretch to call it a crime.

I do like the fraud on the school angle of all these charges. That's kind of a fresh take, as I don't think anyone has ever really considered the school to be the victim in these recruiting cases. And I'm not sure the school is a victim, since they are supposed to be policing themselves, but its an interesting angle.
Posted by Crowknowsbest
Member since May 2012
25876 posts
Posted on 9/29/17 at 7:06 am to
quote:

However, if he lied to the player about the financial guy it could be fraud.

Person did this.
Posted by TT9
Global warming
Member since Sep 2008
82952 posts
Posted on 9/29/17 at 7:07 am to
Thus why he got arrested.
Posted by krandor
Member since Dec 2014
1400 posts
Posted on 9/29/17 at 7:18 am to
It is a crime because he is acting as an agent of auburn and usibg that position to influence the players.

As a private citizen he’s be fine. As an agent of the university he isn’t.
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 9/29/17 at 7:33 am to
quote:

Its not a "bribe" unless Person was an "agent, employee or fiduciary" of the player. He was not. However, if he lied to the player about the financial guy it could be fraud....but he didn't force any players to sign with the guy and they had the ability to do their own research and learn the truth about him before signing with him. Like I said, really unethical on Person's part, but its a stretch to call it a crime.


They broke dozens of federal laws, the most pertinent is below,try to get it changed if you don't agree with it but the criminality is cut and dried.


quote:

In addition to the general anti-fraud prohibition of Section 206, Rules 206(4)-1, 206(4)-2, 206(4)-3, and 206(4)-4 under the Advisers Act regulate, respectively: investment adviser advertising; custody or possession of client funds or securities; the payment of fees by advisers to third parties for client referrals; and disclosure of investment advisers' financial and disciplinary backgrounds.
Posted by Cheese Grits
Wherever I lay my hat is my home
Member since Apr 2012
54655 posts
Posted on 9/29/17 at 7:54 am to
quote:

The FBI investigation: where is a federal crime involved?


FBI is involved because these are state schools receiving federal money

So if you work in state government, Dr Pepper can't give you cash to serve Dr Pepper in your office at work. Conflict of interest and fraud when you deal with government funded institution.

My best guess.
Posted by notsince98
KC, MO
Member since Oct 2012
17979 posts
Posted on 9/29/17 at 8:25 am to
fraud, money laundering, bribes, etc. Many federal crimes to go around.

If you tried to pay that math wiz under the table where the money goes unreported, you'd go to prison too. If you paid the kid above the table and taxes were paid, you are good to go.
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 9/29/17 at 8:54 am to
quote:

If you paid the kid above the table and taxes were paid, you are good to go.


However if an agent or adviser paid you to convince the math wiz to sign with him and you failed to disclose it you are fricked.

I would not be surprised at all to find this turn into a RICO case before all is said and done.
Posted by sugatowng
Look at my bling Bitches
Member since Nov 2006
25332 posts
Posted on 9/29/17 at 8:57 am to
Do u even tax evasion baw?
Posted by Diamondawg
Mississippi
Member since Oct 2006
32235 posts
Posted on 9/29/17 at 9:03 am to
quote:

RICO case
Been thinking the same thing.
Posted by Vecchio Cane
Ivory Tower
Member since Jul 2016
17740 posts
Posted on 9/29/17 at 9:06 am to
quote:

Do u even tax evasion baw?


taxes?

matthew25 is still convinced that he deserves $15/hour
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 9/29/17 at 9:07 am to
quote:

Been thinking the same thing.


That is what should be scaring the living shite out of anyone involved, justice loves to use it even when not warranted, but this meets the standard.
Posted by ljhog
Lake Jackson, Tx.
Member since Apr 2009
19065 posts
Posted on 9/29/17 at 9:16 am to
quote:

you can’t move large sums of money without the IRS at least checking it out.

Really ............
Posted by twk
Wichita Falls, Texas
Member since Jul 2011
2122 posts
Posted on 9/29/17 at 9:26 am to
There is an article in today's Wall Street Journal discussing this subject. The gist of it is that the prosecutors are really pushing the envelope on this one, and might not prevail. However, even if they are all acquitted, the evidence gathered by the feds (if turned over to the NCAA) will be devastating.
This post was edited on 9/29/17 at 9:27 am
Posted by Diamondawg
Mississippi
Member since Oct 2006
32235 posts
Posted on 9/29/17 at 9:32 am to
quote:

That is what should be scaring the living shite out of anyone involved, justice loves to use it even when not warranted, but this meets the standard.
I have also been thinking that if this is as widespread as it seems and touches enough schools with crazy arse fans, the Blazer guy is a prime candidate for federal witness protection program. Hell! He is unemployable so he bout as well go and start over somewhere. Instead of Blazer, he could be Expedition or Explorer (or even 4Runner).
Posted by artompkins
Orange Beach, Al
Member since May 2010
5613 posts
Posted on 9/29/17 at 9:33 am to
Anytime somone is given a large sum of money to steer another person to a scumbag for said scumbags personal gain it is a bribe. You would have to be the dumbest person around to not understand that.
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 9/29/17 at 9:35 am to
quote:

There is an article in today's Wall Street Journal discussing this subject. The gist of it is that the prosecutors are really pushing the envelope on this one, and might not prevail. However, even if they are all acquitted, the evidence gathered by the feds (if turned over to the NCAA) will be devastating.


It was a very poorly researched article then because the dislosure laws are perfectly clear, both for advisor and agent. Throw in the wire fraud, tax evasion, and fraud and this is a slam dunk for the prosecuters.

This is leaving out grants, federal financed institutions, and state and local laws and the additional implications those all bring to the table.

Somebody is about to get prison raped by FedGov.
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35525 posts
Posted on 9/29/17 at 9:39 am to
quote:

This is shoe company money going to a family to deliver the student


Which is a bribe. I know at Ole Miss you don't get that but in the real world it's how it works.
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