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In NCAA's latest filing they claim the matter "fell squarely within the NCAA's authority"

Bushwood CC

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They also misleadingly suggest that the NCAA's opponent in the case before the Commonwealth Court raised "New Matter" (e.g., the legality of the Consent Decree) and that the Commonwealth Court already affirmed the legality of the Consent Decree (the diametric opposite of the courts' own language in all rulings made up until Jake-The-Snake's "settlement" with [or should I say "Total Victory" over] the NCAA) and that the Paterno's are attempting to "rehash" a matter that has already been decided by the Pennsylvania Court system?!?! See the following link:

NCAA Says It Did Nothing Wrong, Defends Consent Decree & Freeh Report

This is a bold face lie on both accounts - e.g., the matter falling "squarely within the NCAA's authority" or that the Commonwealth Court and Judge Covey ever remotely affirmed the "legality" of the Consent Decree with any of their rulings -- quite the diametric opposite is actually the case!

Here is a link to an article where Judge Covey candidly remarks on the Commonwealth Courts' views on these matters relative to the NCAA - see link below:

Judge In Corman Lawsuit Criticizes NCAA, Elaborates On Landmark Case

Here are some actual quotes from Judge Covey excerpted from the article directly above on these two representations made by the NCAA in their latest filing to a Pennsylvania Court in the pending Paterno et al v the NCAA case:

***********************************************************************
The NCAA attempted to argue that its actions against Penn State were legal under its organizational by-laws and constitution, Covey says.

“The consent decree itself said that it was dubious whether they had the authority to pose the sanctions,” she says. “When that issue came before the court, it became a disputed factual issue, which is why the court held that there was going to be a hearing on the validity of the consent decree.”

The case never went to trial, and so the consent decree’s legality and validity was never officially determined in the eyes of the law.

“We never had that issue tried in front of the court, so from the court’s perspective, the validity of the consent decree is still in question,” Covey says.
**********************************************************************

Shouldn't Sellers point out to the court how disingenuous and intentionally misleading (outright lying is closer to the truth) the NCAA is being here? Can the Court sanction the NCAA for intentionally duplicitous, disingenuous and misleading statements such as these?

Oh btw, thanks Jake Corman you farging dirtball, yea you're some kind of hero and that's some kind of "Total Victory" over, and "Complete Surrender" from, the NCAA you managed. Yes sir, you really taught them a lesson for massively and unnecessarily harming hundreds of thousands of your innocent constituents....you really brought them right to their knees and wrung the arrogance right out of them.... You'll have to excuse me, but I'm now going to go puke.....thanks again scumbag.
 
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Corman backed off for a reason, probably because further inquiry would have embarrassed a lot of important people. He did as he was told.

We need Frank Sheeran to chime in with his wit and wisdom.
 
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They also misleadingly suggest that the NCAA's opponent in the case before the Commonwealth Court raised "New Matter" (e.g., the legality of the Consent Decree) and that the Commonwealth Court already affirmed the legality of the Consent Decree (the diametric opposite of the courts' own language in all rulings made up until Jake-The-Snake's "settlement" with [or should I say "Total Victory" over] the NCAA) and that the Paterno's are attempting to "rehash" a matter that has already been decided by the Pennsylvania Court system?!?! See the following link:

NCAA Says It Did Nothing Wrong, Defends Consent Decree & Freeh Report

This is a bold face lie on both accounts - e.g., the matter falling "squarely within the NCAA's authority" or that the Commonwealth Court and Judge Covey ever remotely affirmed the "legality" of the Consent Decree with any of their rulings -- quite the diametric opposite is actually the case!

Here is a link to an article where Judge Covey candidly remarks on the Commonwealth Courts' views on these matters relative to the NCAA - see link below:

Judge In Corman Lawsuit Criticizes NCAA, Elaborates On Landmark Case

Here are some actual quotes from Judge Covey excerpted from the article directly above on these two representations made by the NCAA in their latest filing to a Pennsylvania Court in the pending Paterno et al v the NCAA case:

***********************************************************************
The NCAA attempted to argue that its actions against Penn State were legal under its organizational by-laws and constitution, Covey says.

“The consent decree itself said that it was dubious whether they had the authority to pose the sanctions,” she says. “When that issue came before the court, it became a disputed factual issue, which is why the court held that there was going to be a hearing on the validity of the consent decree.”

The case never went to trial, and so the consent decree’s legality and validity was never officially determined in the eyes of the law.

“We never had that issue tried in front of the court, so from the court’s perspective, the validity of the consent decree is still in question,” Covey says.
**********************************************************************

Shouldn't Sellers point out to the court how disingenuous and intentionally misleading (outright lying is closer to the truth) the NCAA is being here? Can the Court sanction the NCAA for intentionally duplicitous, disingenuous and misleading statements such as these?

Oh btw, thanks Jake Corman you farging dirtball, yea you're some kind of hero and that's some kind of "Total Victory" over, and "Complete Surrender" from, the NCAA you managed. Yes sir, you really taught them a lesson for massively and unnecessarily harming hundreds of thousands of your innocent constituents....you really brought them right to their knees and wrung the arrogance right out of them.... You'll have to excuse me, but I'm now going to go puke.....thanks again scumbag.

Here's another article on what the Commonwealth Court and Judge Covey ACTUALLY SAID in their rulings -- gee, why does the TITLE and SUB-TITLE of the article summarizing its contents claim the diametric opposite of what the NCAA claims in their latest filings to a Pennsylvania Court??? And should a Pennsylvania Court allow this type of duplicitous and misleading behavior continue without sanctioning the NCAA and letting them know that it is not appreciated by the court? See link below:

State judge questions legality of NCAA's right to fine and punish Penn State over Sandusky
Judge Covey says the college sports governing body appears to have overstepped its authority and violated its own rules in fining school over Sandusky sex scandal
 
They also misleadingly suggest that the NCAA's opponent in the case before the Commonwealth Court raised "New Matter" (e.g., the legality of the Consent Decree) and that the Commonwealth Court already affirmed the legality of the Consent Decree (the diametric opposite of the courts' own language in all rulings made up until Jake-The-Snake's "settlement" with [or should I say "Total Victory" over] the NCAA) and that the Paterno's are attempting to "rehash" a matter that has already been decided by the Pennsylvania Court system?!?! See the following link:

NCAA Says It Did Nothing Wrong, Defends Consent Decree & Freeh Report

This is a bold face lie on both accounts - e.g., the matter falling "squarely within the NCAA's authority" or that the Commonwealth Court and Judge Covey ever remotely affirmed the "legality" of the Consent Decree with any of their rulings -- quite the diametric opposite is actually the case!

Here is a link to an article where Judge Covey candidly remarks on the Commonwealth Courts' views on these matters relative to the NCAA - see link below:

Judge In Corman Lawsuit Criticizes NCAA, Elaborates On Landmark Case

Here are some actual quotes from Judge Covey excerpted from the article directly above on these two representations made by the NCAA in their latest filing to a Pennsylvania Court in the pending Paterno et al v the NCAA case:

***********************************************************************
The NCAA attempted to argue that its actions against Penn State were legal under its organizational by-laws and constitution, Covey says.

“The consent decree itself said that it was dubious whether they had the authority to pose the sanctions,” she says. “When that issue came before the court, it became a disputed factual issue, which is why the court held that there was going to be a hearing on the validity of the consent decree.”

The case never went to trial, and so the consent decree’s legality and validity was never officially determined in the eyes of the law.

“We never had that issue tried in front of the court, so from the court’s perspective, the validity of the consent decree is still in question,” Covey says.
**********************************************************************

Shouldn't Sellers point out to the court how disingenuous and intentionally misleading (outright lying is closer to the truth) the NCAA is being here? Can the Court sanction the NCAA for intentionally duplicitous, disingenuous and misleading statements such as these?

Oh btw, thanks Jake Corman you farging dirtball, yea you're some kind of hero and that's some kind of "Total Victory" over, and "Complete Surrender" from, the NCAA you managed. Yes sir, you really taught them a lesson for massively and unnecessarily harming hundreds of thousands of your innocent constituents....you really brought them right to their knees and wrung the arrogance right out of them.... You'll have to excuse me, but I'm now going to go puke.....thanks again scumbag.

The NCAA is really putting themselves in a pickle here (IMHO).

- The only way they can claim any "authority" to insert themselves into this situation, is if they claim they did so because those folks in charge of the football program were completely negligent and guilty of "failing to exercise oversight and control".
- If they take that tack, it is impossible for them to then say that their actions DID NOT slander/disparage Paterno et al..

So what do they do?

1 - Try to buy a Judge :)

failing that:

2 - Claim that all of their actions were predicated on the faith they put in the work of Louis Freeh......and if - shockingly - it turns out that Louis concocted his conclusions out of vapor, then point the finger at Louis....not us (the NCAA).


1 - Louis is a big boy.
2 - He's been proven to be a contemptible scoundrel wrt just about everything he has ever been involved in.
3 - To date, none of the nefarious BS he has engaged in has damaged his bank account.
4 - Louis was exceedingly well paid for this gig (though I am sure he is disappointed that it blew up so quickly, before he could tap into the NCAA honey pot for a slew of additional "investigations for hire")
5 - Louis will absorb another brief period of media exposure.....in exchange for ELEVATING his stature to the folks he most wants to impress - Scoundrels looking for a mercenary to provide a smokescreen.


So.... if they fail in their attempts to purchase the legal system, the NCAA will point at Louis - throw a bunch of shiny things over there to attract the media - and skulk away.
 
The NCAA is really putting themselves in a pickle here (IMHO).

- The only way they can claim any "authority" to insert themselves into this situation, is if they claim they did so because those folks in charge of the football program were completely negligent and guilty of "failing to exercise oversight and control".
- If they take that tack, it is impossible for them to then say that their actions DID NOT slander/disparage Paterno et al..

So what do they do?

1 - Try to buy a Judge :)

failing that:

2 - Claim that all of their actions were predicated on the faith they put in the work of Louis Freeh......and if - shockingly - it turns out that Louis concocted his conclusions out of vapor, then point the finger at Louis....not us (the NCAA).


1 - Louis is a big boy.
2 - He's been proven to be a contemptible scoundrel wrt just about everything he has ever been involved in.
3 - To date, none of the nefarious BS he has engaged in has damaged his bank account.
4 - Louis was exceedingly well paid for this gig (though I am sure he is disappointed that it blew up so quickly, before he could tap into the NCAA honey pot for a slew of additional "investigations for hire")
5 - Louis will absorb another brief period of media exposure.....in exchange for ELEVATING his stature to the folks he most wants to impress - Scoundrels looking for a mercenary to provide a smokescreen.


So.... if they fail in their attempts to purchase the legal system, the NCAA will point at Louis - throw a bunch of shiny things over there to attract the media - and skulk away.

You make a great point. The argument to get out of law suit A is going to contradict the argument to get out of law suit B. Law doesn't always follow logic.
 
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It is obvious why the NCAA wants to get a ruling on this before it goes to trial and it obvious that they interjected themselves in a civil matter where they have no purview. Sometimes parties can pull the wool over a judges eyes, they are human and if someone makes a convincing argument they can make it difficult for the opposition party to make the point that they need to be brought to defend their right to interject.

However, that only makes Sollers job a little more difficult. The DA has already stated that he could find no evidence that Paterno covered up for Sandusky and that was part of the NCAA's claim.

The NCAA is squirming and trying to mitigate their exposure. It has little chance to succeed, but this is the hill they made for themselves when they made this power play. I just hope Sollers makes them pay the maximum price.
 
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It is obvious why the NCAA wants to get a ruling on this before it goes to trial and it obvious that they interjected themselves in a civil matter where they have no purview. Sometimes parties can pull the wool over a judges eyes, they are human and if someone makes a convincing argument they can make it difficult for the opposition party to make the point that they need to be brought to defend their right to interject.

However, that only makes Sollers job a little more difficult. The DA has already stated that he could find no evidence that Paterno covered up for Sandusky and that was part of the NCAA's claim.

The NCAA is squirming and trying to mitigate their exposure. It has little chance to succeed, but this is the hill they made for themselves when they made this power play. I just hope Sollers makes them pay the maximum price.

Really? Given that they are making these duplicitous and highly misleading arguments while they are petitioning the court for relief due to their own blunders on their original filing (e.g., they're asking the court to give them a "2nd bite at the apple" to the direct detriment of the plaintiff & in contradiction of rules), it seems a rather obnoxious and arrogant approach and clearly playing fast, loose and cutesy with another Pennsylvania court. I would cut them off at the legs and throw the book at them if I was the presiding Judge...tell them to take their BS antics, brinkmanship and game-playing somewhere else and to stop wasting the courts valuable time.
 
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It is obvious why the NCAA wants to get a ruling on this before it goes to trial and it obvious that they interjected themselves in a civil matter where they have no purview. Sometimes parties can pull the wool over a judges eyes, they are human and if someone makes a convincing argument they can make it difficult for the opposition party to make the point that they need to be brought to defend their right to interject.

However, that only makes Sollers job a little more difficult. The DA has already stated that he could find no evidence that Paterno covered up for Sandusky and that was part of the NCAA's claim.

The NCAA is squirming and trying to mitigate their exposure. It has little chance to succeed, but this is the hill they made for themselves when they made this power play. I just hope Sollers makes them pay the maximum price.

This also raises the issue of the fact that Louis Freeh was HIRED by The Pennsylvania State University, who is very clearly a "State Actor" - he was not hired by the NCAA. Given the fact that PSU is a State Actor, due process and other constitutional rights are guaranteed, no? Paterno et al did not force PSU, Tom Corbett and the NCAA to enter into this "civil conspiracy" and disgraceful tyranny which absued the civil rights and caused such massive harm and damage to so many innocent parties. The co-conspirators of this disgraceful tyranny and lynch-mob, especially the NCAA who ventured into an area that they even admit that they have no authority to venture into within their own Consent Decree that they themselves wrote, perpetrated this civil conspiracy of their own volition and therefore must accept responsibility, accountability and liability for their actions. How the Attorney General cannot criminally go after the NCAA for this brazen FRAUD committed in Pennsylvania and abusing Pennsylvania's Sovereignty under Racketeering statutes is rather amazing.
 
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If this was a book, movie, or whatever no one would believe this. It is like they do not listen to themselves. Amazing.
 
They also misleadingly suggest that the NCAA's opponent in the case before the Commonwealth Court raised "New Matter" (e.g., the legality of the Consent Decree) and that the Commonwealth Court already affirmed the legality of the Consent Decree (the diametric opposite of the courts' own language in all rulings made up until Jake-The-Snake's "settlement" with [or should I say "Total Victory" over] the NCAA) and that the Paterno's are attempting to "rehash" a matter that has already been decided by the Pennsylvania Court system?!?! See the following link:

NCAA Says It Did Nothing Wrong, Defends Consent Decree & Freeh Report

This is a bold face lie on both accounts - e.g., the matter falling "squarely within the NCAA's authority" or that the Commonwealth Court and Judge Covey ever remotely affirmed the "legality" of the Consent Decree with any of their rulings -- quite the diametric opposite is actually the case!

Here is a link to an article where Judge Covey candidly remarks on the Commonwealth Courts' views on these matters relative to the NCAA - see link below:

Judge In Corman Lawsuit Criticizes NCAA, Elaborates On Landmark Case

Here are some actual quotes from Judge Covey excerpted from the article directly above on these two representations made by the NCAA in their latest filing to a Pennsylvania Court in the pending Paterno et al v the NCAA case:

***********************************************************************
The NCAA attempted to argue that its actions against Penn State were legal under its organizational by-laws and constitution, Covey says.

“The consent decree itself said that it was dubious whether they had the authority to pose the sanctions,” she says. “When that issue came before the court, it became a disputed factual issue, which is why the court held that there was going to be a hearing on the validity of the consent decree.”

The case never went to trial, and so the consent decree’s legality and validity was never officially determined in the eyes of the law.

“We never had that issue tried in front of the court, so from the court’s perspective, the validity of the consent decree is still in question,” Covey says.
**********************************************************************

Shouldn't Sellers point out to the court how disingenuous and intentionally misleading (outright lying is closer to the truth) the NCAA is being here? Can the Court sanction the NCAA for intentionally duplicitous, disingenuous and misleading statements such as these?

Oh btw, thanks Jake Corman you farging dirtball, yea you're some kind of hero and that's some kind of "Total Victory" over, and "Complete Surrender" from, the NCAA you managed. Yes sir, you really taught them a lesson for massively and unnecessarily harming hundreds of thousands of your innocent constituents....you really brought them right to their knees and wrung the arrogance right out of them.... You'll have to excuse me, but I'm now going to go puke.....thanks again scumbag.

Having screwed up badly in the Corman case, the NCAA's lawyers are under strict orders to kitchen-sink this SOB until everyone dies from exhaustion. I once defended an appeal from Defendants who did this to a "T"--so much so that the Appellate court referred to their brief as a "well-written 49-page smorgasbord of red herrings."
 
Having screwed up badly in the Corman case, the NCAA's lawyers are under strict orders to kitchen-sink this SOB until everyone dies from exhaustion. I once defended an appeal from Defendants who did this to a "T"--so much so that the Appellate court referred to their brief as a "well-written 49-page smorgasbord of red herrings."
Can't the court put a stop the frivolous filings and force this thing to go to trail at some point?
 
Here is another article:

NCAA once again defends itself in handling of Penn State sanctions
(12 hr ago)
NBC Sports

"The NCAA may have rescinded the sanctions levied on Penn State three summers ago, but it continues to defend the way it responded to the Jerry Sandusky scandal in State College"
 
Corman backed off for a reason, probably because further inquiry would have embarrassed a lot of important people. He did as he was told.

We need Frank Sheeran to chime in with his wit and wisdom.

Did Frank make the transition from thread view? He was in my favorites so I could follow his posts. I've wanted to ask him a question about a fella that went missing, but never had the nerve.
 
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Buongiorno.

Most people are aware that I have some anger management issues and sometimes I just want to ... , but in my old age I can control my urges better now.

You see when I worked for McGee, it all went like clockwork. No one would dare challenge his leadership. We made life better for the common folk that were struggling. We provided jobs and our friends, like Dan Flood brought prosperity to pennsylvania.

These days I get so depressed about our state.

Someone on this site asked about me. I appreciate you guys.
You smell a rat. You know that penn state was betrayed by cowards. You know those old trustees are gutless and are hiding the fact that they made millions off of the common people that made penn state great.

Here's my reply to a question about Jake.
He has no choice, but to do what he is told. If your dad was locked into business with certain people and he dies, you inherit his investment and the terms.

And that is the reality of the situation.

If you have political aspirations, you will abide by the code.

If not, maybe you end up like Ernie Preate or worse?

Capisce?
 
Buongiorno.

Most people are aware that I have some anger management issues and sometimes I just want to ... , but in my old age I can control my urges better now.

You see when I worked for McGee, it all went like clockwork. No one would dare challenge his leadership. We made life better for the common folk that were struggling. We provided jobs and our friends, like Dan Flood brought prosperity to pennsylvania.

These days I get so depressed about our state.

Someone on this site asked about me. I appreciate you guys.
You smell a rat. You know that penn state was betrayed by cowards. You know those old trustees are gutless and are hiding the fact that they made millions off of the common people that made penn state great.

Here's my reply to a question about Jake.
He has no choice, but to do what he is told. If your dad was locked into business with certain people and he dies, you inherit his investment and the terms.

And that is the reality of the situation.

If you have political aspirations, you will abide by the code.

If not, maybe you end up like Ernie Preate or worse?

Capisce?

My father-in-law (Pop) would occasionally invite me to Aldino’s restaurant. We always sat near the back with the wall against Pop’s back. I asked him onetime about the seat he usually chose and he gave me a pretty poignant answer. You probably know what he told me. Actually, I never knew that Russell was an owner in the restaurant. Pop would also frequent the king Court Dinner on N Main in Wilkes-Barre. That's where I first meet your friend. By the way, Pop passed away five years ago.
Bufalino.jpg
 
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They also misleadingly suggest that the NCAA's opponent in the case before the Commonwealth Court raised "New Matter" (e.g., the legality of the Consent Decree) and that the Commonwealth Court already affirmed the legality of the Consent Decree (the diametric opposite of the courts' own language in all rulings made up until Jake-The-Snake's "settlement" with [or should I say "Total Victory" over] the NCAA) and that the Paterno's are attempting to "rehash" a matter that has already been decided by the Pennsylvania Court system?!?! See the following link:

NCAA Says It Did Nothing Wrong, Defends Consent Decree & Freeh Report

This is a bold face lie on both accounts - e.g., the matter falling "squarely within the NCAA's authority" or that the Commonwealth Court and Judge Covey ever remotely affirmed the "legality" of the Consent Decree with any of their rulings -- quite the diametric opposite is actually the case!

Here is a link to an article where Judge Covey candidly remarks on the Commonwealth Courts' views on these matters relative to the NCAA - see link below:

Judge In Corman Lawsuit Criticizes NCAA, Elaborates On Landmark Case

Here are some actual quotes from Judge Covey excerpted from the article directly above on these two representations made by the NCAA in their latest filing to a Pennsylvania Court in the pending Paterno et al v the NCAA case:

***********************************************************************
The NCAA attempted to argue that its actions against Penn State were legal under its organizational by-laws and constitution, Covey says.

“The consent decree itself said that it was dubious whether they had the authority to pose the sanctions,” she says. “When that issue came before the court, it became a disputed factual issue, which is why the court held that there was going to be a hearing on the validity of the consent decree.”

The case never went to trial, and so the consent decree’s legality and validity was never officially determined in the eyes of the law.

“We never had that issue tried in front of the court, so from the court’s perspective, the validity of the consent decree is still in question,” Covey says.
**********************************************************************

Shouldn't Sellers point out to the court how disingenuous and intentionally misleading (outright lying is closer to the truth) the NCAA is being here? Can the Court sanction the NCAA for intentionally duplicitous, disingenuous and misleading statements such as these?

Oh btw, thanks Jake Corman you farging dirtball, yea you're some kind of hero and that's some kind of "Total Victory" over, and "Complete Surrender" from, the NCAA you managed. Yes sir, you really taught them a lesson for massively and unnecessarily harming hundreds of thousands of your innocent constituents....you really brought them right to their knees and wrung the arrogance right out of them.... You'll have to excuse me, but I'm now going to go puke.....thanks again scumbag.


http://www.mattmlaw.com/blog/2015/0...caa-officials-from-criminal-liability-1.shtml

I have brought this to the attention of the Attorney General, Governor's Office of General Counsel (certified mail, going out today) and Stacy Parks Miller (e-mail), along with the material in which the NCAA said it was banking on Penn State's "embarrassment" over Sandusky to get Penn State to agree to the sanctions.

Does Penn State Settlement Shield NCAA Officials from Criminal Liability?
 
This also raises the issue of the fact that Louis Freeh was HIRED by The Pennsylvania State University, who is very clearly a "State Actor" - he was not hired by the NCAA. Given the fact that PSU is a State Actor, due process and other constitutional rights are guaranteed, no? Paterno et al did not force PSU, Tom Corbett and the NCAA to enter into this "civil conspiracy" and disgraceful tyranny which absued the civil rights and caused such massive harm and damage to so many innocent parties. The co-conspirators of this disgraceful tyranny and lynch-mob, especially the NCAA who ventured into an area that they even admit that they have no authority to venture into within their own Consent Decree that they themselves wrote, perpetrated this civil conspiracy of their own volition and therefore must accept responsibility, accountability and liability for their actions. How the Attorney General cannot criminally go after the NCAA for this brazen FRAUD committed in Pennsylvania and abusing Pennsylvania's Sovereignty under Racketeering statutes is rather amazing.

http://www.mattmlaw.com/blog/2015/0...caa-officials-from-criminal-liability-1.shtml may help with your question, and I have brought this to the attention of the Centre County District Attorney, Office of Attorney General, and Governor's Office of General Counsel effective today.
 
http://www.mattmlaw.com/blog/2015/0...caa-officials-from-criminal-liability-1.shtml

I have brought this to the attention of the Attorney General, Governor's Office of General Counsel (certified mail, going out today) and Stacy Parks Miller (e-mail), along with the material in which the NCAA said it was banking on Penn State's "embarrassment" over Sandusky to get Penn State to agree to the sanctions.

Does Penn State Settlement Shield NCAA Officials from Criminal Liability?
Thanks Bill. I have read several articles by Matt McClenahen. Excellent read.
 
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