Showing posts with label CAMGATE. Show all posts
Showing posts with label CAMGATE. Show all posts

Thursday, September 27, 2012

ESPN tool Stephen A. Smith says you are RACIST for criticizing Cam Newton

image Ace has a much deeper analysis of this idiot’s comments. Go check it out.

At issue is the cartoon seen at right, which appeared in the Charlotte Observer after Panthers QB Cam Newton’s interception machine game against the Giants.

Steve Smith—veteran receiver and team captain—took Newton to task not for his performance, but for his demeanor on the bench.

As Ace notes, this is not the first time teammates have been irked by Newton’s behavior during bad outings. Last season he covered his head with a towel and sat on the bench, frowning refusing to even acknowledge his teammates efforts on the field.

After the season he admitted that he “hadn’t been a good teammate.”

So what is ESPN tool Stephen A. Smith so upset about?

Ace explains:


Actually, he doesn't think it's racism. He's certain of it. He feels it in his bones. And he's angry at white people who attempt to "define" racism for African-Americans. See, only African-Americans can define racism, and they are (or at least one is) defining racism as a Hello Kitty t-shirt cartoon about a black quarterback who has previously been yelled at for mopery by his teammates and has just been taken to task about it by his veteran team-captain black all-time-all-star receiver.

It becomes racism the moment a White Person notices, especially in the South (which is 75% of Steven A. Smith's argument).

Steve Smith (the receiver) can notice that Newton is relapsing into his bad old sulky mopery ways, but you're not allowed to. Because agreeing with Steve Smith, who is black, would be racist, if you're White.

He's permitted to comment, you are not. He has that right based on skin color; your skin color, on the other hand, strips you of that right.

Who's the racist here, again?


If you can stomach Smith’s diatribe, here’s the video.

“It reeks of something a little more than football.”

Indeed it does, Smith. It reeks of hypocrisy and elitism among certain members of the black community who cheerfully employ a shameless double standard. If you can take it, wait until you get to the part where he disparages southerners.

He’s obviously never been to Charlotte, NC. It’s one of the most liberal and cosmopolitan metro areas in the Old South. We’ve come a long way in this part of the world. All the racists are up north. In places like Bristol, CT.

Here’s a smackdown of reality for you, Mr. Smith. The truth is not racist. Facts are not racist. The stats are not racist and neither is the scoreboard. Telling the truth by citing facts, relating the stats and pointing to the scoreboard doesn’t make anyone racist.

And mocking someone for not performing up to the standards expected of an overall top draft pick doesn’t, either.

UPDATE: Is it racist to point out that Stephen A. Smith found an article about him in The Onion, then went on a Twitter rant thinking it was real?

Stephen A. Smith Thought An Article About Him In The Onion Was Real 2012-09-27 15-15-15

UDATE II: Brilliant and insightful Comment from ColorofGrey in the comment section. Please read.

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Tuesday, July 12, 2011

The curious case of academic fraud and felony burglary

 You’ll want to scroll down for an update.

ScamLapTop We know one thing is true—the Never to Yield Foundation takes himself seriously. It’s too bad he doesn’t take the facts very seriously.

In a dismissive diatribe yesterday, our friend attempts to exonerate Cam Newton of both the allegations that he committed multiple instances of academic fraud while enrolled at the University of Florida and later burglarized a fellow student’s dorm room, stealing a $1,700 laptop and attempting to deceive investigators by tossing the stolen property out of his window after police officers had already discovered him in possession of it.

Let’s reexamine the allegations and the facts of the two cases. Note well that this wouldn’t even be a topic of discussion today had the self-aggrandizing NTYF resisted the urge to sugarcoat Newton’s misdeeds as a story of “inspiration to other youngsters.” Good Lord, if this is how we’re raising our kids, the future of our society is a bleak one.

ACADEMIC FRAUD

On November 9, 2010, Fox Sports’ Senior College Football writer Thayer Evans reported that the former Florida Quarterback had three different instances of academic fraud while at Gainesville and faced disciplinary action that could have included suspension or expulsion. Evans reported that Newton cheated in a class during his Freshman year, his very first academic year on campus. Evans reported that Newton violated the university’s honor code a second time by putting his name on another student’s paper and turning it in as his own.The deed was allegedly discovered when the course instructor asked the other student why he had not yet turned in his own work

When the other student replied that he had turned in a paper, he and the course instructor examined all of the class’ submissions and found that Newton had put his name on the other student’s paper. When confronted with this, Newton turned in a different paper to the instructor. The second paper was found to have been purchased on the internet, according to Evans’ report.

NTYF cites a CBSSports.com blog entry from Adam Jacobi in a weak attempt to discredit Evans’ story. But what NTYF doesn’t tell you is that Jacobi cites a report from AuburnSports.com, in which the writer cites unnamed sources challenging whether Newton’s case came before the Student Conduct Committee at Florida. This is the only aspect of Evans’ reporting called into question by the AuburnSports story.  None of the fundamental allegations—that Newton cheated in a Freshman class and attempted to pawn off someone else’s work as his own—were ever addressed by either CBSSports or AuburnSports.

By the way, that is the same Rivals site that pulled the Brent Calloway recruitment story out of its arse last April, alleging improper benefits and again citing its own unnamed sources. AuburnSports.com must have one helluva crack investigative team if it has “sources close to” both the University of Florida’s academic affairs and the University of Alabama’s recruiting activities. I’m not going to tell you who to believe in this dispute, but if a third party were to weigh the credentials of these two media organizations, which do you think they’d find to be the most objective and therefore most credible? Again, you believe who you want to believe.

FELONY BURGLARY, LARCENY AND OBSTRUCTION OF JUSTICE

imageThere was a computer and I took it… threw it out the window.  Huh? Cuz they about to search my room!”

On Friday, November 28, 2008, the Gainesville Sun reported that Florida Quarterback Cam Newton had been arrested and charged with felony counts of burglary, larceny and obstruction of justice.

According to the 16 page police report, a University of Florida student called authorities to report that his laptop had been stolen from his unlocked dorm room as he visited with friends next door. Acting on a tip from that student, investigators on the morning of November 21 asked Cam Newton for permission to enter his dorm room, which he granted. The officers entered and observed a laptop similar in make and model to the one reported stolen, but which had none of the markings described by the owner and which had a serial number with one digit different from the stolen one.

Investigators determined later that day that the reported serial number was in error and that the serial numbers were indeed the same. Detectives returned to Newton’s dorm room later on the same date and again asked for permission to search. Newton complied again, only this time the detectives could not locate the stolen computer.

image

image

image

The NTYF tirade doesn’t go into such pesky things like the facts of the case as alleged by the team of police officers who investigated the theft, observed the evidence and arrested the perp.  Nope. This was all merely “an error of youth and arrogance.” The smoking gun is the incriminating evidence described in this section of the police report:

image Cam Newton was charged with felony burglary because police officers overheard him copping to taking the computer. They charged him with felony larceny because he was observed in possession of the property reported stolen by a fellow student, and they charged him with obstruction of justice because when he realized that he was about to be nabbed, he tried to get rid of the evidence. Kind of like a drug dealer tossing bags of white powder out of the car window while being pursued by authorities.

Urban Meyer, then the Florida Gators Head Coach, suspended Newton immediately following his arrest. In Spring 2009, Newton pled guilty to a lesser charge and avoided jail. He decided to transfer to a community college in Blinn Texas, but in Evans’ story from November 9, Newton may not even have been enrolled at Florida for the Spring Semester when he decided to transfer. You don’t get that little nugget from the NTYF diatribe, either.

Once again, none of this old news would even be a topic for discussion today if the grassroots organization of one hadn’t attempted to whitewash these events and somehow paint their recounting as part of some evil conspiracy against teh fambly. Evans’ story reports specific and credible allegations of academic cheating, and the only account to the contrary challenges only part of Evans’ report. The official police report on the laptop heist records specific details and describes a thief who was caught red-handed and charged with three felonies.

Facts are such pesky little Energy Vampires, aren’t they? They suck the credibility right out of even the most carefully crafted line of bullshit.

UPDATE: Several folks have emailed and messaged me asking where the picture of the laptop came from.  Here’s the link to the Deadspin story that first published the source pic. I farked the $ onto the original and added “I Bleed Crimson Red” to the image to protect my farktastic photoshop skills.

Deadspin:


We were sent these photos, including the computer and the Florida PD's property label, claiming that we could verify them by the serial number. Sure enough, it matches what's listed in the police report. But we went to Paul Loschak, the former UF student that Newton stole it from, to make sure.

It's "100 percent definitely the laptop," Loschak told us. But we were curious about Newton's name, painted in large white block letters.

When I first bought my laptop, I painted a picture of a forest and a river on the back. I did it partly because I was bored, and partly because I wanted my laptop to have some major identifying features in case it ever got stolen. After my laptop was stolen in October 2008 Cam (or somebody) painted it black to cover my painting and painted his name on it in big white letters, just like you see in the pictures. That's exactly how the laptop looked when I got it back from the police evidence department.

That's just excellent. It's one thing to cover up identifying features on property you've stolen. It's another to put your own damn name on it, as if the international law of Finders Keepers would be in play.

image


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Wednesday, June 1, 2011

Cam Newton scandal forces changes in SEC procedure…

image  … but the SEC doesn’t tell us what procedures have been changed.

It’s Ok. I think I’ve got it figured out.

In a story published in today’s Birmingham News, Jon Solomon relates a conversation he had with Southeastern Conference Commissioner Mike Slive. Apparently, the badly bungled process that let Cam Newton remain eligible at Auburn despite a violation of the SEC’s own eligibility bylaws has led to a tweaking of the process by which the conference communicates allegations of wrongdoing to the NCAA.

Mississippi State University first reported pay-for-play allegations in January 2010. The SEC claimed that it requested additional information, information that it says was not provided until July 2010.

In the ESPN report that broke the story last November, Cam Newton’s father Cecil said that the NCAA requested financial records from him sometime in early October, indicating that neither the SEC nor Mississippi State had contacted the league until many months had passed and the college football season was well under way.

That left a months-long window open, allowing key players in the scandal to cover their tracks, destroy evidence, get their stories straight and let the trail go cold.

Key paragraphs in Solomon’s story:


"We've reached an accommodation as to the kinds of issues they (the NCAA) have had in mind, and what they want to know, when they want to know," Slive said, without elaborating on details. "Those are relatively simple things for us to accommodate. There may be certain issues that they want to know about earlier than others. We have no problem reaching that accommodation."

Speaking in early May, NCAA Director of Enforcement Julie Roe Lach said she has had positive talks with Slive and SEC Associate Commissioner Greg Sankey about informing the NCAA of accusations as early as possible.

"I believe they're going to try and deal with the information in terms of what's the best way to fully vet this," Roe Lach said. "Because we're the trained experts on how to conduct investigations, it makes sense for us to get involved on the front end as opposed to having to come in on the back end and possibly replow ground."


Read between the lines here, sports fans. The NCAA was not happy with the inertia demonstrated by the SEC front office in the Newton situation. The SEC blew it. They used a flawed reporting process that delayed key information from being shared for months. They ignored two of their own bylaws regarding ethics and eligibility and allowed a football player to make a complete mockery out of the league and the principles of amateurism.  In the process, they caused Roe Lach and her team of investigators to have to go back and “replow ground,” soil that is still being turned to this day.

While the NCAA doesn’t have the power to compel the conference to change procedures, it looks like some folks got a stern talking-to and adjustments are being made. The question is, what’s being adjusted? Is the NCAA to be immediately notified of credible allegations of rule-breaking? Does the conference return to its pre-Slive days of conducting investigations on its own, or does it still rely on the member schools?

More importantly, are these changes to be codified in a new or amended bylaw, so that fans  can examine them? Or, do we have to figure it out ourselves?

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Wednesday, February 9, 2011

AUBurgeddon: Newton investigation’s costly price tag and media fail

BeanWaitWhut In a story from the Birmingham News’ Jon Solomon today, we learn that Auburn University has shelled out a hefty $170,000 or so in legal fees in connection with the NCAA investigation of allegations surrounding former Auburn Quarterback, Cam Newton.

That’s not pocket change, and it looks like there’s a lot more moolah to be spent in the months ahead.  The fact that there’s to be a lot more legal expenses going forward might be news to some people, as is explained in a little better detail later on.

Solomon says:


Auburn University says it has spent approximately $170,000 in attorney fees on the Cam Newton case during the past 4 months.

Auburn Senior Associate Athletics Director Scott Carr said Tuesday the fees started in mid-October and have all gone to Lightfoot, Franklin, White LLC, the university's Birmingham-based legal counsel.

Auburn provided the information in response to an open-records request by The Birmingham News.


By way of comparison, Solomon notes that the University of Alabama spent a total of $188,443 on the textbook case. He does not note that the textbook matter is altogether closed.

Which leads us to another little nugget of gold provided to the state media cartel’s readers, courtesy of a quote from Mike Slive. Slive was interviewed yesterday by ESPN’s SEC Beat Writer, Chris Low.

The following exchange takes place, and the topmost is repeated in Solomon’s story:


Does the NCAA’s investigation of Cam Newton and his father, Cecil, remain open?

MS: You’re going to have to ask them, but nobody has written me a letter that says it’s over.

How did you feel about Cecil being there at the end of BCS National Championship Game after telling Auburn officials he would not attend?

MS: If it was up to me, I would have preferred that he not be in the stadium.


OMG! WTF! You mean the NCAA isn’t through investigating Cam Newton and Auburn?!? Hasn’t fellow cartel writer Charles Goldberg of the venerable Auburn Bureau told us over and over and over again that the NCAA has already investigated the matter and “found nothing wrong?”

Has the fambly called in the dogs and pissed on the fire too soon, Nelly?

This is a dark, dark day for denizens of the 334 area code, folks. Especially those who don’t surf the net or read reputable national sportswriters such as Thayer Evans of Fox Sports or Pete Thamel of the New York Times. These and other notable journalists have reported on the very active, very much ongoing nature of the NCAA investigation. Conversely, the state media cartel has cheerfully kept up the fambly meme that the NCAA already finished it’s looky-see and declared them all clean and innocent.

It looks like that $170,000 is a mere down payment. A retainer fee, if you will. Because the ongoing nature of the NCAA investigation of the Newtons and Auburn isn’t all the state media cartel fails to report on.

They fail to note that Lightfoot Franklin & White is the same firm representing Auburn Trustee, booster and puppeteer Bobby Lowder in the Colonial Bank Employees’ class action lawsuit against him, in which the former employees allege that he mismanaged, swindled and otherwise ruined their financial interests in running his bank into the ground.

They fail to note that the sitting Athletic Director, Jay Jacobs, once ran the athletic department’s fundraising colossus, Tigers Unlimited Foundation, which paid out millions to the lobbying firm of Robert Geddie. You know… the Auburn graduate who is one of the 11 people indicted and charged in the BingoGate case. For the slower folks in the 334 Fambly, let me spell that out for you in clear, fifth grade language: Your AD has a documented business relationship with a man who will stand trial as part of a conspiracy to commit fraud, bribery, extortion and money laundering. That is, unless he flips. After all, he’s being represented by the same firm who represents Auburn in the Cam Newton case and Lowder in the Colonial class action case. Franklin’s skills as a negotiator are legendary in the legal community. He represents his clients professionally and thoroughly.

All of’em.

I can’t be too harsh on the state media cartel. In truth, the Birmingham News went all rogue and stuff when they filed the open records request. Solomon often sometimes controls his homerism, plays it straight down the middle and reports the news. Press-Register Sports Editor Randy Kennedy is about as professional as they come. But our state media cartel is clearly dropping the ball on this story and potentially missing out on the opportunity to win Pulitzers.

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Thursday, January 27, 2011

Oh NOES: Laptops stolen from Dallas Convention Center. Where’s Cam Newton?!?

Uh oh…

It appears someone has made off with an iPad and two laptops from the Dallas Convention Center. News from NBC’s Dallas-Fort Worth affiliate:


image An iPad and two laptops stolen from the Dallas Convention Center don't contain Super Bowl security information after all, Dallas police said Wednesday.

The items belonged to a private investigator and security consultant based in California. Sources say the company was hired to do work for the NFL in some capacity during the Super Bowl.  The owner of the items association to the big game led to concerns about the contents of the laptop, but police now say security hasn't been compromised.

"After talking with the victims, it was determined that neither the laptops nor the iPad contained any information that would compromise or jeopardize the security of any Super Bowl related events," said Kevin Janse, with the Dallas Police Department. "Detectives further believe the laptop theft was nothing more than a crime of opportunity and that the suspects probably didn’t even realize who the owners of the property were."

Initially, police said the items were taken from a Starbucks kiosk inside the convention center.  The latest information indicates those items were taken while inside a ballroom where they were left unattended for about 25 minutes, Janse said.


Thank goodness the machines didn’t contain secure information about the Superbowl. Otherwise, we might learn beforehand whether there will be a wardrobe malfunction during the halftime show or if Jerry Jones will make a surprise appearance on the field for the ceremonial coin toss.

But the real question on everybody’s minds: Does anyone know the whereabouts of Cam Newton at the time of the alleged swipe?

Officials are trying to locate surveillance video from security cameras located throughout the building. If you-know-who shows up, someone alert LSUFreek ASAP.

h/t Scott.

Friday, January 21, 2011

AUburgeddon: Geno at ESPN weighs in: “But it doesn’t feel closed. It feels empty.”

One of ESPN’s best writers weighs in on the Cam Newton story, and as is typical with Woj’s opinion pieces, he leaves no arteries un-gashed. I usually provide some observations or snarky comments on opinion pieces like this, but this one deserves to be unsnarked.

Go read the whole thing. He starts off well and goes straight for the stars from there.


Cam Newton is no longer on the Auburn campus, but the stench from his father Cecil's pay-for-play scheme and bungled cover-up still hovers over college football likes gases over a landfill.

The smell has Auburn, Mississippi State, the Southeastern Conference and even the Heisman Trophy Trust holding their noses. And depending on whether the NCAA has completed its investigation or not, perhaps its breath, too. There remains no closure, no neat bow on the Newton box.

What matters is if money changed hands, if money was laundered and if Mississippi State was the only school approached by Cecil Newton. So far, nothing.

Of course, Auburn officials who know Cam Newton well say it's entirely possible that he didn't have a clue about his father's actions. He's a 10-year-old in a man's body. He's Tom Hanks in "Big," an innocent. He'd rather play with other kids than deal with adults.

That's what they say, at least.


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Cam Newton’s agent: Connection to Cecil Newton’s church repairs?

Scroll down for updates.

Call it a coincidence (if you believe in such things as coincidences, UFO’s and the tooth fairy) or call it another link in the chain. Another brick in the wall. Another nail in the … you get the idea.

Per SportingNews today, Cam Newton, tainted Heisman Trophy winning quarterback for the 2010 BCS Champion Auburn Tigers, has signed with an agent. The agent he signed with is Bus Cook, famed for representing future hall of famer Brett Favre.

Bus Cook is affiliated with Perennial Sports. There’s another figure connected with the Newtons who is also affiliated with Perennial. His name is Anthony (Tony) Paige.

Does that name ring a bell?

image

Cam has a brother named Cecil Newton, Jr. who had a brief stint in the NFL himself. 

Guess who he was represented by?


Who is your agent/agency and what factors went into your decision?

Newton: My agent is Tony Paige with Perennial Sports and Entertainment. My father did a lot of background on potentially 10-15 other agencies that were recruiting me. Tony was a great selection because of his knowledge and experience in the industry.


Are there two men named Anthony Paige? May be. Both are African American males, both are associated with the Newtons, both have the same name. One guy named Anthony Paige was presented to the Newnan City Council as the guy who would oversee repairs to Cecil Newton’s church. Another guy named Anthony Paige is a registered sports agent, who works for the same company that Cam’s agent does, and who also represented Cam’s big brother.

But none of this is connected, right?

image

 

 UPDATE: From agent Tony’ Paige’s website at Perennial Sports:

image

 

“One of the best ways to give back to the community that nurtured you is by setting up a non-profit organization. Perennial can assist, prepare and administer the formation and operation of a foundation.”

He’s absolutely right, of course. Many very worthy non-profit organizations have been formed by star athletes, and a great number of them do wonderful things for the communities the athletes used to call home.

But the the Department of Justice has an entire Division dedicated to rooting out and prosecuting those who use 501(c)(3) tax status to hide income and launder money. Just sayin…

h/t to psupoop. (You may need to join Tidefans.com to read that link.  And that would hurt you, why?)

 

Team Jerseys

Wednesday, January 19, 2011

Oops: Auburn’s big recruiting weekend spoils Uncle Luther’s party plans

Last night, SportsbyBrooks practically blew up the internet by exposing a planned “Party with the Auburn Players” scheduled for the upcoming weekend.  The Twittersphere nearly melted down.

According to the Facebook announcement, $50 would have gotten you in the door. But if you dropped $500 in the kitty ($750 for couples), you got da VIP treatment, baby:

 

image

Oh my.  Sounds like fun.

Fortunately for the AU compliance staff, wiser heads prevailed and the organizers cancelled the soiree today.

Why?

Well, notwithstanding the fact that having active members of the AU roster present at a party that charges anywhere from $50 to $750 for access to the BCS champs (who you know weren’t paying a nickel to be the star attractions) is fraught with all kinds of extra benefit problems, Uncle Luke is Luke Campbell. 2 Live Crew’s Luke Campbell.

The dude who openly bragged about paying football players at Miami during the 1980’s and 1990’s. Yeah.  That Luther Campbell. Not exactly the kind of guy AU wants to headline a party for the “all in fambly.” Especially not with the NCAA Enforcement investigators turning over rocks and cow patties down on da plains.

But there’s another really good reason why AU moved so quickly to shut down the hoe down. This is one of the biggest recruiting weekends of college football’s second season. Atta way to show the boyz a good time, huh?

Exit question: What are the chances that this story makes any of the papers affiliated with the state media cartel, al.com?

Place ya bets, playas!  Are ya all in?

 

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Sunday, January 16, 2011

What the state media cartel won’t tell you

Here’s a nifty nine minute video from ESPN’s Outside the Lines, where a panel including Paul Finebaum, Wright Thompson and Bruce Feldman discuss the ongoing NCAA investigation of Auburn University’s recruitment of Quarterback Cam Newton:

What’s Next For AUBURN - ESPN

It's well worth the time it takes to watch the whole thing, but it's also worth noting that ESPN, along with most other major sports media outlets, is discussing this matter as an ongoing probe. Consider also this story from USA Today's Steve Wieberg, covering NCAA President Mark Emmert's address to the NCAA National Convention in San Antonio.


SAN ANTONIO — Cam Newton is done with the NCAA and college football, announcing Thursday that he'll enter the NFL's April draft.

But the NCAA is scarcely done with him.

NEWTON LEAVING: Auburn quarterback declares for NFL draft

Its investigation into a pay-for-play scheme by Newton's father continues. And only hours before Auburn disclosed the Heisman Trophy-winning quarterback's decision to bypass his senior season and turn pro, new NCAA President Mark Emmert vowed to work to close a loophole in the rules that allowed him to finish out this season on the field.


Very clearly, the NCAA is not done with Cam Newton or Auburn University. But the state media cartel—al.com and its affiliated newspapers—doesn’t tell you this. In fact, if you pick up any of the three papers affiliated with the website, this is the tripe you get from the Auburn Beat reporter, Charles “All In” Goldberg:


Newton won the Heisman Trophy in December and a national championship Monday, but it was not a perfect season. 

His father's attempt to get money from Mississippi State boosters for him to play there made national headlines. The NCAA investigated, but neither the quarterback nor Auburn has been found [guilty] of any wrongdoing. 

Through it all, Newton kept playing, walking away in his one year at Auburn with stats that no other SEC player ever achieved. 


Goldberg and the rest of the media cartel are doing a grave disservice to its readers by refusing to acknowledge the ongoing nature of the investigation. Their narrative—that the NCAA has concluded its probe and found Auburn and Newton innocent—is both irresponsible and premature. While the NCAA might soon reach the conclusion that Goldberg et al seem to wish for, there is a very high likelihood that Auburn gets slammed with major sanctions and, if the federal probes continue the way they seem to be headed, a few high profile Auburn boosters and officials could be headed to a federal lockup.

The newspapers in the state of Alabama have a duty to keep the public properly informed about matters of such importance to the state. Football in this state is more than a sport. There are few other places in this country with the kind of passionate fanaticism that Alabamians follow their favorite program, and the media cannot continue to mislead the public into  thinking that the Newton case is closed. It isn’t, and there’s not even an indication that it’s anywhere close to being finished.

With regards to the federal probes, the papers should also acknowledge that the FBI doesn’t go on fishing expeditions. They did not wake up on the morning of November 9, 2010 and just decide to go fishing in the Newton recruitment case just for kicks and giggles.

It is anybody’s guess where all of this winds up, but it is really lousy journalism for the state’s papers to not even acknowledge that “this” is nowhere near being over.

Team Jerseys

 

TrollRadar

Wednesday, January 12, 2011

BingoGate: Court orders the release of wiretap binders

image In what could be a significant development (jackpot?) in the US v McGregor et al case, aka, “BingoGate,” US Magistrate Judge Wallace Cappel has GRANTED Thomas Coker’s motion to compel the government to produce unredacted wiretap binders and unredacted versions of the 302s. Wiretap binders contain information about the contents of recordings made during authorized and voluntary telephone surveillance. FD-302s are forms used by federal agents during witness interviews. They consist of information provided by the subject in the form of notes taken by agents.

Cappel gave the government until January 31, 2011 to produce the material. If two of the defendants—Massey and his former boss Ronnie Gilley—wish to assert privilege and redact portions of the binders, they will have to do so by tomorrow, January 14, 2011. If they fail to assert privilege, the binders will be released to the remaining defendants for their review.

The defendants moving the court to compel the release of the materials have complained that not having access to unredacted records hampers their ability to mount an effective defense in the case.

Tom Coker, the defendant whose motion the court granted yesterday, was one of the two lobbyists employed by Milton McGregor. Robert Geddie also worked for McGregor. McGregor’s connections to Auburn University and Auburn Trustee Bobby Lowder have led many to believe that some of the wiretapped conversations may have included discussions of alleged shady dealings at AU.  That belief gained momentum by the revelation last week that federal investigators had expanded their probe beyond the scope of the original US v McGregor et al indictments. It was further strengthened when it was learned that Sam Franklin of Lightfoot, Franklin and White, who represents Auburn in all NCAA compliance matters, is also representing Robert Geddie in the criminal trial and representing Bobby Lowder in ongoing federal bank fraud investigations.

The government has told the court and defense counsel that its expanded probe may be compromised if it released the unredacted materials that Coker requested. However, the government also told the court that this would no longer be the case on or about January 31, 2011.

In other words, between now and January 31, we can expect other significant developments in this case. If investigators are close to concluding their expanded investigation, we might also have some significant developments in brand new criminal cases.

You will stay tuned, won’t you?

 

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Sunday, January 9, 2011

AUBurgeddon: Thayer Evans keeps it coming (UPDATED)

Scroll down for updates.

It looks like College Park, Georgia isn’t the only place that Auburn football has had a curious degree of success in recruiting. Fox Sports’ Thayer Evans has another story out today, this one detailing the exploits of the AU coaching staff in luring two key recruits from the bayou town of Thibodaux, Louisiana.

I spent a lot of time in that area doing hurricane recovery work between 2007 and 2009. Those people bleed purple and gold. But what have we got, here?


Inside the superstore are racks of purple and gold Tigers T-shirts, sweatshirts and sweatpants. And in the automotive department in the back, one of LSU’s biggest fans, Sean Nelson, works as an oil-change technician.

This outpost of 14,431 sits in the heart of LSU country, just 70 miles southeast of the Tigers’ campus and 60 miles southwest of New Orleans. It’s known as a fertile football recruiting ground, where the Tigers traditionally claim the best prospects.

But a Tiger of different stripes has been on the prowl in Thibodaux recently: the Auburn Tigers. And when they play Oregon in Monday’s BCS title game, wide receiver Trovon Reed, the top-ranked player in Louisiana last year, will be standing on their sideline, having redshirted this season because of injury.

Slated to join Reed at Auburn next season is another Thibodaux High star, offensive tackle Greg Robinson. One of the nation’s top-rated offensive line prospects, Robinson committed to the Tigers last month, much to the displeasure of some family members.

The common denominator between Reed and Robinson is Nelson. Many people here are upset about their beloved LSU losing out on such highly touted players, especially to a rival SEC program, and some wonder whether Nelson steered them to Auburn for personal gain.

Former Thibodaux High coach Dennis Lorio says several coaches and students saw Robinson show off cash and a new iPhone at school after a visit to Auburn. Robinson wrote in a Facebook message in July that he got the phone when "I came to Alabama.”

“How did players from Thibodaux, La., become so interested in Auburn?” Lorio asks. “That’s a really good question. Trooper Taylor and Sean Nelson would know.”


Sean Nelson is one of LSU’s biggest fans? Hmm. Apparently not. OutsideTheLines at RollBamaRoll.com went looking for Mr. Nelson’s Facebook page, found it, and has a few interesting screenshots to share.

image

There’s more at the link, and there’s some foul language in there so be warned that it may be NSFW.

But clearly, Thayer Evans was misled by Mr. Nelson. He’s Auburn through and through.

All in, you might say.

h/t DawnBarb

UPDATE: The Evans piece describes Nelson’s non-profit in considerable detail. However, a search of the Louisiana Secretary of State’s database does not produce results for Total Package, Inc. Nor does a search for the agent/officer name Sean Nelson.

 

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Saturday, January 8, 2011

CamGate: NCAA still interviewing witnesses regarding Cam Newton’s recruitment

image Two days before Cam Newton leads his team in pursuit of Auburn’s first ever legitimate National Championship, Fox Sports’ Thayer Evans reports that the NCAA has been interviewing witnesses in connection with the league’s ongoing investigation into Newton’s recruitment.

Evans’ piece appeared late Friday night, just in time to stir up another round of media buzz and controversy just before Newton and Auburn take the field against Oregon in the BCS Championship Game on Monday night in Glendale, Arizona.

Thayer writes:


NCAA investigators have interviewed two Atlanta-area men about whether they were asked to or did deliver money to the father of Auburn quarterback Cameron Newton in connection with repairs to Cecil Newton Sr.’s church in Newnan, Ga.

Emory Wilcox and Eddie Norris were separately questioned the week before Christmas by two NCAA investigators, one of which was Jackie Thurnes, the NCAA’s associate director of enforcement.

Wilcox and Norris, listed on separate city permits for work to be done on Cecil Newton’s struggling Holy Zion Center of Deliverance, each told the NCAA investigators that they were never asked to deliver nor did they deliver money to Newton.

“There may be something there, but nothing related to me,” Norris told FOXSports.com.

NCAA spokeswoman Stacey Osborne declined comment, citing the NCAA’s policy of not commenting on current, pending or potential investigations.

The interviews are part of the NCAA’s enforcement investigation into the recruitment of Cameron Newton, whose father shopped him to Mississippi State for $180,000 in an attempted play-for-plan scheme.


Emphasis added.

Contrast Evans’ understanding of the current situation with the meme being peddled by the Alabama state media cartel, al.com, and purported “beat writer” Charles Goldberg. If one reads Goldberg’s “reporting” on a regular basis, you’re fed this nonsense:


**Newton said while his father is coming to Arizona, it doesn't mean he's going to the game. The NCAA told Auburn it should limit Cecil Newton Sr.'s contact after it found he sought money from Mississippi State boosters for his son to play there. The NCAA didn't find any wrongdoing involving Cam Newton and Auburn.

"My dad is coming to Arizona, I'm not aware if he's coming to the game," the quarterback said. "My mom has not sent me the list. Not to single out my father, but I want my mom there, I want my brothers there and I want my aunts there, and that's going to play a role in me being comfortable going into this game."


Read the in-state coverage of the NCAA investigation and the ongoing investigations into political corruption and financial fraud, and one would think that there’s nothing going on here. The NCAA already investigated this whole thing, and found nothing wrong.

There’s no connection whatsoever between the alleged pay-for-play scheme and no possibility whatsoever of a criminal enterprise influencing—perhaps even controlling—a major college athletics program. That criminal enterprise has thought nothing of concocting shady deals to commit bank fraud. It’s accused of trying to buy the votes of corrupt politicians and ruin the careers of its critics. But none of that is real, if you live in the 334 area code and you’re part of the “fambly.” It’s all a big conspiracy cooked up by jealous bammers and other SEC rivals.

Right?

How much farther can an ostrich get its scruffy little head in the sand?

Don’t forget to check out The Timeline for the latest, up-to-date chronology of events surrounding what is quickly becoming AUBURGEDDON.


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Friday, January 7, 2011

AUBurgeddon: Why is a judge granting Ex Parte motions? UPDATED

image

Scroll down for updates.

Ex parte is a Latin legal term meaning either by or from one party. An Ex parte decision or order is made by a judge without requiring all parties to the case being represented. In both federal and state courts, the use and availability of Ex parte proceedings are sharply limited by the Fifth and Fourteenth Amendments to the US Constitution, which provide protections against depriving a party of life, liberty or property without due process of law. In practice, this has led to any relief obtained through such proceedings to be temporary, and sooner or later the excluded party is given an opportunity to contest the appropriateness of the order before it can be made permanent.

But not always before the damage is done.

On January 5, 2011 news reports indicated that the federal government had expanded the scope of the criminal probe that currently has prominent Auburn University Booster Milton McGregor and 11 others under federal indictment and facing trial on April 04, 2010. Two of the original targets of the probe—Jennifer Pouncey and Jarrod Massey—have agreed to plead guilty in exchange for testimony.

Most troubling for those outside the scope of that case was the revelation by defense attorneys that the government was holding back considerable amounts of information provided by Massey, citing an ongoing criminal investigation of unknown individuals and unknown criminal activity.

That same day, US Magistrate Wallace Capel granted an Ex parte motion by the government, discontinued the Ex parte status of prior motions, but ordered the records SEALED:

image  

This order confirms the news stories of January 5. The government is certainly expanding its probe, and feels the information contained in the record of Massey’s negotiations with the government is sensitive enough to remain under lock and key.

Recall from this post from last November that one of Milton McGregor’s first legal maneuvers was an attempt to seal all documents related to his indictment. Capel denied that motion, citing the public’s First Amendment right of access to criminal proceedings.

Wednesday’s ruling is vastly different from the earlier ruling on McGregor’s motion. In this instance, the court has apparently weighed the harm done to public access against the harm done to an ongoing criminal investigation, and found that unsealing the documents pertaining to Massey’s statements would harm the latter much more than the former.

Which means that we won’t know the scope of the expansion until the additional targets of the investigation are led away in handcuffs. This kind of uncertainty, combined with the knowledge that at least two people are already singing like happy canaries, creates enormous pressure on people who think they may be under the gun.

At least one prominent figure is believed to be sweating quite heavily, and sources indicate to me that the individual has even approached investigators with an offer to cooperate, only to be told that the matter is not “ripe enough” for that, just yet.

You will stay tuned, won’t you?

UPDATE: Federal prosecutors want Ronnie Gilley’s bond revoked, and claim that he attempted to bribe Jarrod Massey to withhold testimony.  h/t @rtrstokes

UPDATE: It’s 2011. D’oh!

 

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Wednesday, January 5, 2011

AUBurgeddon: Prosecutors expanding criminal probe beyond original 11 (UPDATED)

Scroll down for the latest.

Didn’t I tell you that this was much larger than just a stellar quarterback with a greedy father?

Didn’t I tell you that this was larger than even the indictment of 11 casino owners, lobbyists and legislators over a vote-buying scheme?

Of course I did, and depending on where your loyalties lie, you either believed me, or you didn’t.

From WSFA 12 News in Montgomery, via the Associated Press:


MONTGOMERY, Ala. (AP) - Federal prosecutors say in court papers that their gambling investigation in Alabama has grown beyond the legislators, lobbyists and casino owners who have already been indicted.

The disclosure comes in court papers involving notes from interviews the FBI did with Country Crossing casino lobbyist Jarrod Massey, who has pleaded guilty to bribery and conspiracy.

Federal prosecutors say they have provided other defendants with copies of the FBI's interview notes, with some material blacked out. They said the undisclosed material pertains to an ongoing criminal investigation involving facts beyond the scope of the indictment issued against 11 people in October.

Prosecutors say in the court papers that disclosure of the material at this time would risk exposing details of the investigation.


It remains to be seen what the expanded scope of the investigation entails. Could it ensare other political figures in the state? I’d bet my last VictoryLand chip that it will.

Could it also ensnare people not involved in the original “scope of the indictment issued” against the McGregor Eleven? People associated with a major university, located about 55 miles up I-85 from Goat Hill?

Of course.

Update: Here is a more detailed report than what appeared at the WAAY site. I found the highlighted quote rather interesting.


Coker's attorney said Wednesday the language in the court papers is not something the FBI routinely uses to try to keep notes private, and its presence is significant.

"There is definitely another investigation ongoing. What it entails I can't say," McKnight said.

Prosecutors have offered to give the complete notes to Coker's lawyer by Jan. 31 unless some reason arises to justify withholding the material. McKnight filed papers Wednesday saying he can agree to getting the notes no later than Jan. 31 "given the government's representation about the ongoing investigation."

Massey and Coker were among 11 people arrested Oct. 4 on an indictment accusing them of buying and selling votes on pro-gambling legislation. The remaining 10 defendants are scheduled for trial April 4.


Well, now.  Whatever investigation could that be?

Don’t forget to visit the Timeline page for the complete rundown of events.


 

 

 

 

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Friday, December 31, 2010

AUBurgeddon: Coker quietly files motions seeking wiretaps

image Typically, the one-week period between Christmas Day and New Year’s Day is among the quietest of the year in legal, political and government circles. Very little of any magnitude is attempted, negotiated or accomplished because so many lawyers, clerks, magistrates and judges are taking time off to spend with their families over the holidays. In fact, very little is done the week before or after Christmas for the same reasons. It’s the holidays. Who wants to be bothered with work?

The closing days of the 2010 calendar have been different.

The day after Jarrod Massey changed his plea in a deal with the government for his testimony, Tom Coker, another of the 11 indicted in connection with the scheme to buy votes in the Alabama legislature, filed a motion to compel the government to disclose the contents of the voluminous wiretapped recordings of phone conversations between lobbyists, legislators and others involved in the scheme. The government filed its response to Coker’s motion yesterday, December 30.

The motion, and the response from the government, have gone unnoticed by the legacy media.

Coker’s motion contains the following passage:


1. On December 1, 2010, the Government notified Coker that it was going to make available the “binders submitted to Judge Hobbs during the course of the wiretaps” made in relation to this case.

2. However, the Government also wrote that “only counsel for Mr. McGregor, Mr. Gilley, and Mr. Massey will have access to the binders for their respective client’s phone line(s), as they contain material subject to privilege assertions by those three defendants.”

3. On December 8th, Coker’s counsel requested access to the binders also. In doing so, the undersigned wrote that “[a]ccording to phone logs you produced, over 80 captured communications involved calls to/from Coker’s office or cell phone number.”

Admittedly, numerous of these communications were voice mail messages or communications with Coker’s staff but not Coker himself. Nevertheless, several captured communications involve Coker and he is therefore entitled to access to the binders.

4. Last week, on December 14th, at the hearing before this Court, the Government stated that it was refusing to provide Coker access to these binders.

5. Accordingly, having attempted in good faith to resolve this issue with the Government, counsel now is required to seek the intervention of this Court.

6. Tom Coker is an aggrieved party under the wiretap laws. Under Title III, an
aggrieved person is defined as "a person who was a party to any intercepted wire, oral
or electronic communication or a person against whom the interception was directed".


The government does not vigorously oppose Coker’s motion, but seeks to limit Coker’s access to certain “binders” because Milton McGregor asserts privilege over some of their contents.

Recall that one of the key developments in the Cam Newton investigation was the revelation that the FBI agents looking into the pay-for-play matter were interested in a connection between the Newtons and McGregor.

In a separate but potentially related matter, sources confirm that the New York Times has one or more freelancers in the state of Alabama, filing public records requests with the courts and unnamed state institutions and interviewing several individuals with direct or background knowledge of recruiting and corruption matters.

Recall also that Massey worked for Ronnie Gilley, the developer of the Country Crossings casino in southeast Alabama. He did not work for McGregor.  McGregor employed Robert Geddie and Tom Coker. Massey’s plea does not affect McGregor’s case. But a plea deal between the government and either Geddie, Coker or both would be devastating for the former director of Colonial Bank and Auburn booster.

The big development of the weeks ahead will be whether Coker is given access to the wiretap binders (which describe the contents of the recordings, not the recordings or transcripts themselves) and whether the press—and the public—is finally made aware of the contents.

Many believe those contents could implicate one or more of the 11 indictees in the alleged pay-for-play scandal that erupted onto the national scene on November 4. Others scoff at the notion and believe these issues to be unrelated.

Stay tuned, sports fans.


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Monday, December 20, 2010

And so it begins: Jarrod Massey will plead guilty in Bingo Case

image Ask any good investigator why they were able to unravel such a complicated, well planned conspiracy and the answer is almost always “somebody talked.”

Jarrod Massey, one of the lobbyists accused of trying to influence politicians’ votes on a controversial bingo gambling bill in Alabama, will change his plea to guilty on six of the charges leveled against him.

The Mobile Press-Register has the story, breaking today:


MONTGOMERY, Alabama -- The federal electronic filing system indicates that lobbyist Jarrod D. Massey has given notice today in federal court that he intends to plead guilty to 6 counts leveled against him in the bingo bribery case.

A federal indictment against Massey and 10 others alleges that Massey offered state legislators bribes worth $3.2 million in a scheme to pass pro­-gambling legislation.

The federal court system filing states that Massey intends to plead guilty to counts 1, 2, 4, 5, 8 and 10 of the indictment and that he was to enter the pleas today  before United States Judge Wallace Capel.

Massey's plea likely will send shockwaves through the other defendants in the case, many of whom have said they will fight the charges and that there was no undue legislative influence in the bingo vote.

Early pleas can be a sign that a defendant has agreed to cooperate with federal prosecutors and testify against fellow defendants in return for leniency from the court system.


Minor nit: Wallace Capel is a Magistrate, not a full “black robe.”

For folks just crawling out from underneath rocks or returning from months long deployment to Mars, The BingoGate® case is part of a wide-ranging federal probe into corruption in the state of Alabama. The feds are investigating bank fraud, political corruption and the probe may go as far as finding whether a criminal enterprise is in control of a major college athletics program.

Readers wishing to get the background should start with the piece from last month: The court cases that kicked in the Barn door.

Plea deals like the one Massey is making often lead to a domino effect in federal cases, especially if one or more of the “weak sisters” among the defendants believe the early pleaders are squealing on them. Of course, the big fish in BingoGate® is Mllton McGregor.

But there is a bigger fish out there…

UPDATE: Massey is a 1994 graduate of Auburn University.

UPDATE II: The complete text of Massey’s filing:


IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN

DISTRICT OF ALABAMA SOUTHERN DIVISION

Case No.: 2:10-CR-186-MHT-001

UNITED STATES, Plaintiff

VS.

JARROD D MASSEY, Defendant.

NOTICE OF INTENT TO PLEAD GUILTY

Comes now the defendant in the above-styled cause and hereby gives notice of his intent to plead guilty to counts One, Two, Four, Five, Eight, and Ten of the indictment in this cause.

This change of plea is based on plea negotiations with the U.S. Attorney. As a result of these plea negotiations and in exchange for his plea of guilty, the Government has agreed to recommend to the Court that Counts Twenty-Three through Thirty-Three of the Indictment be dismissed, along with additional considerations.

The Defendant understands that pursuant to the provisions of Rule 11(e)(1)(B) F.R.Cr.P., a recommendation of the U.S. Attorney pursuant to this plea is not binding upon the Court. The Defendant further understands that if his plea of guilty is offered based on a recommendation of the U.S. Attorney he will have no right to withdraw his plea of guilty if the Court elects not to accept the recommendation of the U.S. Attorney.


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UPDATE III: Massey’s plea is accepted by the Government only upon his providing “substantial assistance” to the prosecution.

Welcome Leather Helmet Blog readers!

Friday, December 17, 2010

Alabama Political Corruption and the Cam Newton NCAA Investigation

SCROLL DOWN for update.

Last month, readers of this blog were treated to a brief analysis of the events and court cases that literally kicked open the barn door. That posting noted that the cases could span from the state house in Montgomery to the President’s Mansion at Auburn University. Key events in those court cases and investigations leading up to them are included in the stand-alone Timeline

These cases demonstrate why the Auburgeddon that appears to be looming on the Plains is so much bigger than one star quarterback and a father with his hand out. They are also why the Cam Newton investigation is certainly not an orchestrated campaign by enemies of Auburn University or jealous conference competitors. But it is also clear that the cases are connected.

On Saturday, November 13, it became known that AU had again hired Lightfoot, Franklin and White, the Birmingham law firm that has represented the school in numerous other NCAA matters, including the 2002-2004 investigation into the men’s basketball program.

On December 1, the NCAA shocked the media, fans and collegiate sports by declaring Cam Newton eligible after conducting an investigation into the player’s amateur status.

On December 3, indicted Country Crossings owner Ronnie Gilley filed a motion requesting a continuance of his and ten others’ trial on charges of political corruption. One of the co-defendants in the case is Milton McGregor, former Colonial BancGroup Board Member and multi-million dollar booster for Auburn. Oral arguments were heard on December 15, and Judge Myron Thompson refused to move the trial back from its April 4 scheduled date.

So what, you ask? 

Sam Franklin, a Senior partner at Lightfoot, Franklin and White, is on the chop list in the court documents filed by Gilley’s lawyer. If the BingoGate case is not connected to an NCAA investigation, then why is Auburn’s NCAA counsel being served court documents in a supposedly unrelated case? What interests are being served by keeping a sports litigator in the loop in a federal criminal trial?

UPDATE: SportsByBrooks is picking this up, with screenshots of the court filings.

UPDATE II: The Dothan Eagle has the complete list of defendants and their counsel.

Thursday, December 16, 2010

Cam Newton’s Laptop Revealed!

ScamsLapTop

A Florida media company briefly had a look at the legendary laptop that Cam Newton confessed to stealing from a fellow UF Student.  The story, via teh innerwebs, is that the student-victim apparently asked the media company’s tech guy if he could retrieve some of the files from the system after the student-athlete tossed it out the window when police arrived.

You know what makes me think that eventually, ol’ $cam gets caught?  He ain’t too bright.

Notice where the hinges are on the laptop. When you open it up, it looks something like this:

ScamsLapTopOpen

Tuesday, December 14, 2010

Judge denies motion to move trial date

image This story is an update of this morning’s post.  Scroll to the bottom for updates.

Oral arguments were heard today on a motion filed by Ronnie Gilley and eight other defendants in the ongoing probe into political corruption in Alabama. Gambling magnate Milton McGregor and State Senator Harri Anne Smith are the only two defendants not seeking a continuance, and the Government  strongly opposed it.

The deadline for motions and discovery had originally been set for December 30 of this year. If US District Court Judge Myron H. Thompson kept the April 4 trial date and the December 30 deadline in place, interesting things could take place as those dates approach.

Milton McGregor is a gambling and racetrack magnate in Alabama. He is also a prominent Auburn University booster and served on the Board of Directors for the failed Colonial BancGroup.  Colonial was the $26 billion bank holding company founded by another prominent Auburn supporter, Bobby Lowder.  Lowder has been on the Auburn Board of Trustees for decades, and has been accused of meddling and micromanaging the affairs of the university.  As a result of Board of Trustee micromanagement, the Southern Associations of Colleges and Schools (SACS) placed Auburn on probation.

Media reports have also linked McGregor to the ongoing probe into alleged pay-for-play schemes for athletes at Auburn. Those issues were brought to the forefront when ESPN.com broke the story that current Auburn Quarterback, Cameron Newton, had been shopped to at least one SEC school in late 2009. The FBI has already interviewed at least one of the key players in the scheme, John Bond. The FBI has refused to publicly acknowledge an investigation, but multiple and independent sources close to the investigation have told this blogger that the feds probe focuses on gambling, extortion, money laundering, human trafficking and conspiracy.

The NCAA, which granted eligibility status to Cam Newton earlier this month, has also refused to acknowledge that its enforcement division is currently investigating Auburn, but media sources close to the matter have been told that enforcement probes continue, and carefully worded press releases and statements by NCAA representatives strongly indicate this as well.

Judge Thompson is expected to release his decision on the motion to continue the BingoGate® trial as early as the end of the week.  His decision, and the effects it has on key role-players in the various probes, could produce developments associated with yet another federal probe, this one into bank fraud on the part of Lowder, McGregor and other people close to Auburn University.

This blog is also running a Timeline on the investigations, which is updated as news becomes available.  Please bookmark and visit often.

Welcome, Leather Helmet Blog readers!

Welcome, The Bama Page readers!

UPDATE: That was fast.  About an hour after the hearing, Judge Thompson refused to move the trial, but will revisit his decision in February or March, according to news reports.


MONTGOMERY, AL. (WSFA) - A judge ruled Tuesday not to move the trial date for suspects in the Bingo Corruption case.

The trial date was originally set for April 4, 2011.

The Defense argued they didn't have enough time to sort through all of the evidence in just four months.

Victoryland casino owner Milton McGregor, Country Crossing casino developer Ronnie Gilley and state Sens. Harri Anne Smith, James Preuitt, Larry Means and Quinton Ross Jr. were indicted back in October on federal corruption charges.


UPDATE II: The court is also modifying case deadlines.  US Magistrate Wallace Capel ordered the prosecution to submit all discovery by Monday and identify the documents  specifically pertaining to each defendant, and provide that information to the defense team in early January.

UPDATE III: An eyewitness to today’s oral arguments provides the following information:


“McGregor asked to be severed from the other defendants. It is widely believed that Senator Smith has flipped, but that did not come out in the hearing.

“Based on the hearing, I am fairly confident in saying that early reports that pay for play was not mentioned on the wiretaps are unfounded. It may be that McGregor knows that just because he never mentioned it on the phone, but it is not due to a review of the wiretaps themselves. The transcripts are voluminous and no one, other than the government, really knows what is on them yet.

“Several mentions were made to another investigation in northern Alabama. The parties were rather obscure about what exactly that meant.”