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Re: State of PA to sue NCAA
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- GCBucks
- Freshman
- 229 posts this site
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Posted: 1/2/2013 12:38 AM
Re: State of PA to sue NCAA
Not being an attorney, I'm sure I don't know-but, I fail to see where the Commonwealth has any standing here. The university signed a consent agreement with the NCAA, a private organization. And university leaders have publicly stated that no tax or tuition money would be used to pay the fine. This looks like an attempted cash grab by the state government and pure political grandstanding to appease PSU fans & voters. Any lawyer types want to weigh in here?
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- fatchuck
- Buckeye Recruit
- 29 posts this site
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Posted: 1/2/2013 8:15 AM
Re: State of PA to sue NCAA
Every time I see concerns about equity and justice in the legal system, I'm reminded of the old proverb that "If you want justice, go to a whore house. If you want to get screwed, go to court."
IANAL (I am not a lawyer). Despite the fact that PSU leaders have said that no tax or tuition money would be used to pay the fine, and while this may BE a Pennsylvania government cash grab AND grandstanding, those are allegations for a judge to rule on.
In short, the state of Pennsylvania has little to lose by going after the $60 million, and a whole lot to gain if they can keep that money in state. The legal fees are already mostly paid for since a government agency is already budgeted for providing state counsel.
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Posted: 1/2/2013 9:07 AM
RE: State of PA to sue NCAA
The only way to prevent academic funds from being affected from a 60 million dollar fine, is if private donations are used to pay the fine, made by boosters with the intent to pay the fine!
I'm sure someone can look it up, but does the PSU athletic department make a yearly contribution to the general fund from surplus revenue? Because that won't happen for a while!
Also, where is this "fine" money going? Is it staying in the state of Penssylvania, where ALL of the victims were? Or is the NCAA going to take $60 million from Pennsylvania and give it to other states? Because that WON'T fly in a State's court.
Also, since when can the NCAA fine an UNBELIEVABLE amount of money? I understand returning a bowl payout... But, the NCAA should NOT be able to make financial demands on a University! Where is that in it's bypass? A University may lose money from being on probation, serving a penalty, etc. but should not have to give a check to anyone.
I actually see Pennsylvania winning this case, or the NCAA settling out of court so they don't set any sort of legal precedent. However, I am not a lawyer :)
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Posted: 1/2/2013 9:15 AM
RE: State of PA to sue NCAA
This! Obviously, psu had some involvement but i think there is some serious shady shite that went on with that organization. If I was a reporter, I'd be digging big time. DaveyBoy wrote: The NCAA should reopen the investigation about 2nd Mile and give them the Death Penalty --------------------------------------------- --- CTBuckeyeFan wrote:
LBU002 wrote: The state of PA is suing NCAA to keep 60 million in state not to challenge the sanctions. Stop being stupid. Still delusional. Why should they be able to dictate where the NCAA donates that money?
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Posted: 1/2/2013 9:18 AM
RE: State of PA to sue NCAA
I think you're right.
--------------------------------------------- --- buckEYEdr2B wrote:
The only way to prevent academic funds from being affected from a 60 million dollar fine, is if private donations are used to pay the fine, made by boosters with the intent to pay the fine!
I'm sure someone can look it up, but does the PSU athletic department make a yearly contribution to the general fund from surplus revenue? Because that won't happen for a while!
Also, where is this "fine" money going? Is it staying in the state of Penssylvania, where ALL of the victims were? Or is the NCAA going to take $60 million from Pennsylvania and give it to other states? Because that WON'T fly in a State's court.
Also, since when can the NCAA fine an UNBELIEVABLE amount of money? I understand returning a bowl payout... But, the NCAA should NOT be able to make financial demands on a University! Where is that in it's bypass? A University may lose money from being on probation, serving a penalty, etc. but should not have to give a check to anyone.
I actually see Pennsylvania winning this case, or the NCAA settling out of court so they don't set any sort of legal precedent. However, I am not a lawyer :)
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- fatchuck
- Buckeye Recruit
- 29 posts this site
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Posted: 1/2/2013 9:46 AM
RE: State of PA to sue NCAA
buckEYEdr2B wrote: The only way to prevent academic funds from being affected from a 60 million dollar fine, is if private donations are used to pay the fine, made by boosters with the intent to pay the fine! Buckeye and B1G fan here. If Penn State's athletics program is anything like Ohio State's, no academic funding or student fees go into it (ditto for Michigan, can't say about the rest of the B1G). The $60 million fine will be paid by PSU's athletic department, not the University itself. Given the annual profits that PSU's athletics generate, I suspect they'll be able to pay off the fine in 10-15 years. People more knowledgeable about PSU's athletic financial structure can pipe in to set the record straight. The only variable I'm unaware of is whether the NCAA fined Penn State or Penn State athletics (the NCAA is not an accreditation agency, they're an athletic organization). There's a world of difference there that will determine how their fine is handled as a liability. Peace.
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Posted: 1/2/2013 10:10 AM
Re: State of PA to sue NCAA
P'enn-abler State should be booted from the Big Ten and resume a position in the ACC
or they shouldn't even have a football team after this nonsense
they made a billion or so dollars by hiding this mess and protecting sandoosky
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Posted: 1/2/2013 10:36 AM
RE: State of PA to sue NCAA
Penn State had record-breaking donations after the scandal came out. I don't know if that covers the whole $60 million. Even if the athletic department picks up the whole tab where does the money come from. Who gets affected by this snowball? Do some athletic trainers lose their jobs? Are scholarships taken from nonprofitable sports. Maybe incoming recruits have to use hand-me-down jockstraps. I would just like to know where the money is coming from and where the money is going. I just can't help but to think it is another case of the little man getting screwed --------------------------------------------- --- fatchuck wrote: buckEYEdr2B wrote: The only way to prevent academic funds from being affected from a 60 million dollar fine, is if private donations are used to pay the fine, made by boosters with the intent to pay the fine! Buckeye and B1G fan here. If Penn State's athletics program is anything like Ohio State's, no academic funding or student fees go into it (ditto for Michigan, can't say about the rest of the B1G). The $60 million fine will be paid by PSU's athletic department, not the University itself. Given the annual profits that PSU's athletics generate, I suspect they'll be able to pay off the fine in 10-15 years. People more knowledgeable about PSU's athletic financial structure can pipe in to set the record straight. The only variable I'm unaware of is whether the NCAA fined Penn State or Penn State athletics (the NCAA is not an accreditation agency, they're an athletic organization). There's a world of difference there that will determine how their fine is handled as a liability. Peace. ---------------------------------------------
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- joegun

- Buckeye Recruit
- 44 posts this site
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Posted: 1/2/2013 11:31 AM
Re: State of PA to sue NCAA
Sounds like Corbett is sueing for all of the sanctions. Wow.
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- joegun

- Buckeye Recruit
- 44 posts this site
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Posted: 1/2/2013 11:33 AM
Re: State of PA to sue NCAA
Paterno family statement:
"As we have not yet had an opportunity to review the lawsuit filed by Governor Corbett today, we cannot comment on the specifics of the litigation. What we do know, however, is that this matter is far from closed. The fact that Governor Corbett now realizes, as do many others, that there was an inexcusable rush to judgment is encouraging.
Joe Paterno's only guidance to us was to seek the truth. Consequently, last July when the Freeh report was released and the subsequent unprecedented and unjustified actions were taken by the Penn State University Board and the NCAA, we stated that we would engage a team of experts to conduct a careful and thoughtful review of the Freeh inquiry and the actions of the Board and the Administration. That process is nearing completion. We expect to release the analysis of the experts in the near future. At that time we will address all of the issues of the past year in a comprehensive manner."
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Posted: 1/2/2013 11:36 AM
RE: State of PA to sue NCAA
Corbett in July: "Part of that corrective process is to accept the serious penalties imposed today by the NCAA on PSU." Today he sues NCAA.
You can't make this stuff up.
Last edited 1/2/2013 11:40 AM by buckwild23
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Posted: 1/2/2013 11:38 AM
Re: State of PA to sue NCAA
Best part of this is the State of PA just gave the NCAA subpoena power. If I'm the NCAA, I start subpoenaing former players by the truckload.
Last edited 1/2/2013 11:38 AM by CTBuckeyeFan
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Posted: 1/2/2013 11:43 AM
RE: State of PA to sue NCAA
--------------------------------------------- --- buckwild23 wrote:
Corbett in July: "Part of that corrective process is to accept the serious penalties imposed today by the NCAA on PSU." Today he sues NCAA.
You can't make this up.
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He's a politician is what they do . But I have a little example of lawsuits in my life. Bide your time, be very contrite and let them have it. Don't shoot until you see the whites of their eyes. It's awesome to see a lawyer realize he just stepped in to deep. To be clear, I am no fan of how psu handled this mess as I've stated before. But I also believe the NCAA over stepped their bounds in these sanctions . There are criminal penalties , civil, and organizational penalties for violating specific rules. I think the NCAA is in trouble here. And I wouldn't mind if they burn.
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Posted: 1/2/2013 11:44 AM
Re: State of PA to sue NCAA
--------------------------------------------- --- CTBuckeyeFan wrote:
Best part of this is the State of PA just gave the NCAA subpoena power. If I'm the NCAA, I start subpoenaing former players by the truckload.
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If I were the NCAA I wouldn't find that comforting .
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Posted: 1/2/2013 12:11 PM
Re: State of PA to sue NCAA
CTBuckeyeFan wrote: Best part of this is the State of PA just gave the NCAA subpoena power. If I'm the NCAA, I start subpoenaing former players by the truckload. For what purpose?
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Posted: 1/2/2013 12:13 PM
Re: State of PA to sue NCAA
--------------------------------------------- --- Wifiti wrote: CTBuckeyeFan wrote: Best part of this is the State of PA just gave the NCAA subpoena power. If I'm the NCAA, I start subpoenaing former players by the truckload. For what purpose? --------------------------------------------- Exactly. They can't say FU and start some random investigation . They're going to be on the defensive . And I doubt it ends well for them .
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- joegun

- Buckeye Recruit
- 44 posts this site
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Posted: 1/2/2013 12:35 PM
Re: State of PA to sue NCAA
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Posted: 1/2/2013 12:36 PM
Re: State of PA to sue NCAA
CTBuckeyeFan wrote: WTF is wrong with those people? If the State of PA wins, the NCAA should lower the boom and give PSU the death penalty, which is really what should have been done in the first place.
Last edited 1/2/2013 12:36 PM by MrBuckeye2004
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Posted: 1/2/2013 12:41 PM
Re: State of PA to sue NCAA
MrBuckeye2004 wrote:
CTBuckeyeFan wrote: WTF is wrong with those people? If the State of PA wins, the NCAA should lower the boom and give PSU the death penalty, which is really what should have been done in the first place. Let me get this straight... If the State of PA wins in dismissing current sanctions, you want the NCAA to issue harsher ones, just so they can also be dismissed (and likely never enforced since it would easily draw an injunction)? Makes sense. At least you thought that through before you typed it. 
Last edited 1/2/2013 12:41 PM by Wifiti
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Posted: 1/2/2013 12:48 PM
Re: State of PA to sue NCAA
Wifiti wrote:
CTBuckeyeFan wrote: Best part of this is the State of PA just gave the NCAA subpoena power. If I'm the NCAA, I start subpoenaing former players by the truckload. For what purpose? The penalty was based on the "Football Culture" at PSU and how it lead to the coverup of an extremely heinous POS. Those former players would be great witnesses for that "Football Culture" and they'll be under oath. Then, if something else happens to come out of their testimony, the NCAA has proof of further violations.
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