PDA

View Full Version : John Blake may have had a huge hand in bringing down UNC and OU football



Collier11
9/29/2010, 11:33 PM
Apparently Marvin Austin has been ineligible for over 2 years, and he is just one of the players in trouble :eek:



Prominent NFL agent Gary Wichard and former University of North Carolina assistant football coach John Blake have engaged in multiple financial transactions since May of 2007, a four-month investigation by Yahoo! Sports has found.

Wichard and Blake are now at the center of NCAA and North Carolina Secretary of State probes, which are seeking to determine the nature and scope of alleged agent tampering involving the football program. Those investigations have also focused on Tar Heels defensive tackle Marvin Austin, who has made at least five trips that have come under scrutiny. Two of those trips included training at a California facility less than two miles from Wichard’s agency, Pro Tect Management. Yahoo! Sports has obtained a hotel receipt from one of those trips, which lists Austin’s name above Pro Tect Management, as well as an address and Marriott Rewards number belonging to an NFL marketing agent who represents two current Pro-Tect clients.
AdChoices

North Carolina’s Marvin Austin.
(Streeter Lecka/Getty Images)

Since the NCAA and state of North Carolina probes began in July, UNC also began its own investigation into potential academic fraud involving a tutor. Multiple Tar Heels football players have been suspended from games and practices this season, and Blake resigned on Sept. 5, less than one month after a Yahoo! Sports report revealed his former position as an employee of Pro Tect. In a statement, Blake stated that he decided to step down because his presence was becoming a distraction to the football team.

In an interview with Yahoo! Sports in August, Wichard denied any impropriety between himself and Blake. He also denied that Blake was ever previously employed by Pro Tect Management, despite a brochure obtained by Yahoo! Sports which listed Blake as the vice president of football operations for the agency and described his duties. But Wichard insisted that while the two have shared a 25-year friendship, there has been no financial relationship between the two.

“I don’t get involved with him bringing me players or anything like that,” Wichard said. “It has not happened. … Would John Blake say something positive to a kid about me if he was asked? I would think so. He has seen my work over the years, just like I would say something positive about him in terms of what he can do as a coach.”

But three sources said documents show the relationship between Wichard and Blake also extended into the financial realm several times over the past three years. Those instances included:

• At least six wire transfers from Wichard’s private bank – The First National Bank of Long Island – to Blake.

• A $45,000 personal loan to Blake from The First National Bank of Long Island.

• A Pro Tect Management credit card issued in Blake’s name.

Cast of characters

Gary Wichard: One of the NFL’s most prominent agents, Wichard is being investigated by the NCAA and North Carolina Secretary of State, in probes that are seeking to determine if agent tampering occurred in the University of North Carolina football program. The name of Wichard’s agency, Pro Tect Management, appears on a July, 2009 hotel bill linked to Tar Heels defensive tackle Marvin Austin. Multiple sources have also told Yahoo! Sports that documents show a history of financial transactions between Wichard and John Blake, Austin’s former position coach at UNC.

John Blake: A longtime friend of Wichard, Blake had been the defensive line coach and recruiting coordinator for the Tar Heels, until his resignation on Sept. 5. He is currently being investigated in the NCAA and state probes. Blake was the position coach for former Tar Heel player and current Wichard client Kentwan Balmer. An August report by Yahoo! Sports found Blake had been previously employed as the vice president of football Operations for Wichard’s agency, Pro Tect Management. Sources have detailed a history of financial transactions between Wichard and Blake since 2007.

Marvin Austin: The Tar Heels defensive lineman who has become a prominent part of NCAA and state investigations into potential agent impropriety at UNC. Austin has five cross-country trips under scrutiny, including two to California and three to Miami. His name appears on a hotel receipt that contains the name of Wichard’s agency, Pro Tect Management, as well address and Marriott rewards account information of NFL marketing agent Fadde Mikhail.

Kentwan Balmer: A former teammate of Austin’s at UNC and current member of the Seattle Seahawks, Balmer trained with Austin in California in March and July of 2009. Representatives for Balmer say he allowed Austin to share a hotel room with him during the March workout, and paid for Austin’s room during the July workout.

Fadde Mikhail: An NFL marketing agent and self-described CEO of Creative Sports International, Mikhail represents two players who are clients in Wichard’s agency – Buffalo Bills running back C.J. Spiller, and New York Jets cornerback Antonio Cromartie. An address and Marriott Rewards number linked to Mikhail appear on a July 2009 hotel receipt, along with Austin’s name and Pro Tect Management.

A source familiar with the secretary of state’s probe told Yahoo! Sports that Blake has discussed the existence of the transactions with investigators.

A North Carolina attorney for Blake, Wade Smith, declined to comment on Blake’s testimony for state officials. But Smith said there is no evidence showing Blake steered players to Wichard, and added that his client has been open with investigators.

“John Blake has cooperated fully with the secretary of state in North Carolina,” Smith said. “He has met with representatives of the secretary of state and has been very cooperative with them.”

If the NCAA were to determine that a coach was acting as a “runner” to deliver players to an agent, the coach could be subject to bylaw 10.1, which determines unethical conduct of staff members. That bylaw bars the ” receipt of benefits by an institutional staff member for facilitating or arranging a meeting between a student-athlete and an agent, financial advisor, or a representative of an agent or financial advisor.”

Wichard didn’t respond to a phone call and text message from Yahoo! Sports seeking comment.

Wichard’s attorney Howard Silber said he has knowledge of financial transactions between Wichard and Blake, but could not speak about them because of confidentiality issues with the secretary of state’s investigation.

“All the financial records that you’re discussing, and others, are part of the inquiry of the secretary of state,” Silber said. “I can’t really comment on them. I am aware of those particular items that you’ve discussed.”

At least one document from Austin’s two trips to California has a direct reference to Wichard’s agency, Pro Tect Management.

A copy of a hotel receipt obtained by Yahoo! Sports displays Austin as a guest at the Residence Inn in Westlake, Calif., from July 23 to Aug. 1, 2009. Located a half mile from the Pro Tect offices, the hotel charged $1,802.08 to an American Express, while listing Austin’s name above “Pro-tect Management” [sic]. The bill, which was authenticated by a hotel employee, also lists the address of Fadde Mikhail, a marketing agent who currently represents two Wichard clients – Buffalo Bills running back C.J. Spiller and New York Jets cornerback Antonio Cromartie. Additionally, the hotel employee confirmed to Yahoo! Sports that the rewards number on the bill belongs to Mikhail.

Wichard told Yahoo! Sports in August he had no involvement with Austin’s visit to California, and that the player made the trip to train with former Tar Heels teammate – and current Wichard client – Kentwan Balmer. The two worked out at ProActive Sports, a training facility in Thousand Oaks, Calif., that is less than two miles from the offices of Wichard’s sports agency. ProActive’s website lists 12 players represented by Wichard as clients.

If either Wichard or Mikhail had arranged for free lodging for Austin in the summer of 2009, they would have violated NCAA and NFL Players Association rules and, potentially, North Carolina state statutes.

NCAA bylaw 12.3.1.2 prohibits athletes from taking any benefits from prospective agents, including travel, training, lodging or other forms of compensation that would be considered extra benefits. The NFLPA also prohibits agents from contacting student athletes prior to Dec. 1 of their redshirt sophomore or true junior seasons. And North Carolina’s Uniform Athlete Agent Act makes it a felony punishable by up to 15 months in prison for agents to provide anything of value to athletes prior to a contractual agreement being reached.

When asked about Austin’s trips to California in March and July of 2009, Silber, who represents both Wichard and Balmer, said Balmer had paid for Austin’s hotel room. Asked why Balmer’s name and address were not on the July receipt, Silber said he did not know.

“I really couldn’t tell you,” Silber said.

Silber said he also didn’t know why the bill listed Pro Tect Management, as well as the address and Marriott Rewards number linked to Mikhail.

“There’s a lot of explanations as to why that might have happened,” Silber said. “It could be something done at the Marriott. Maybe they just put somebody’s name on there who stayed in the room. I don’t know.”

Seahawks defensive tackle Kentwan Balmer.
(Doug Pensinger/Getty Images)

Reached by Yahoo! Sports on his cell phone, Mikhail insisted he had no involvement with Austin.

“I know who Pro Tect Management is,” Mikhail said. “And obviously I know who Marvin Austin is, but that’s it.”

Asked if he has ever had any contact with Austin, Mikhail said, “No. Absolutely not.”

Austin’s attorney, Christopher Lyons, said his client was told that Balmer was paying for lodging. Lyons said if anything to the contrary took place, Austin wasn’t aware of it.

“Marvin’s position has always been consistent that he was told by his close friend and ex-teammate Kentwan Balmer that he would take care of the expenses for the room,” Lyons said. “He would have no knowledge of anything other than that.”

Sources have told Yahoo! Sports the NCAA and state of North Carolina are focusing on at least five trips made by Austin in 2009 – three to Miami and two to California.

Three sources said Wichard and Pro Tect are the focal point of the probes into Austin’s trips to California. The sources said Austin’s airfare for the trips – taken in March and July of 2009 – was paid by Todd Amos, Austin’s assistant coach at Ballou Senior High School in Washington, D.C.

However, the sources said investigators have found multiple instances of improper contact between Wichard and the player, including phone records that show a “very significant” amount of contact that would violate NCAA statutes. This despite Wichard’s assertion to Yahoo! Sports in August that he had only spoken to Austin one time, in January of 2009.

Both Blake and Austin have met with NCAA investigators, and also sat for testimony in the secretary of state’s probe earlier this month. Balmer has not been interviewed by the NCAA, but did testify for investigators from the secretary of state on Tuesday. Silber said Balmer was never asked about specific hotel receipts involving Austin.

Prior to Austin testifying for the secretary of state earlier this month, Austin’s attorney, Lyons, asked Silber to provide a receipt proving Balmer had paid Austin’s lodging expenses during his trips to California. The receipt was meant to back Austin’s testimony to the secretary of state that he believed Balmer had paid for his lodging during his trips to California.

Silber responded with one page – a portion of a receipt for a 35-day stay at the Westlake, Calif., Residence Inn, spanning February and March. The one page, which was the final page of a multi-page bill, listed Balmer as the hotel guest. Silber told Lyons this was the room Balmer and Austin shared during Austin’s March visit to work out at ProActive. Lyons subsequently turned that bill over to NCAA investigators, believing it exonerated Austin of any wrongdoing.

But Yahoo! Sports obtained the full multi-page bill for that 35-day stay, and it featured a discrepancy from the one page provided to Lyons. On the bill obtained by Yahoo! Sports – which was authenticated by a hotel employee – there are lines listing “Pro-tect Management,” and the former business address of Wichard’s agency. Those lines appear beneath Balmer’s name. However, the receipt provided to Lyons had deleted the Pro Tect information.

Questioned about that discrepancy, Silber said he removed the Pro Tect information before sending the receipt to Lyons. He also said he didn’t notify Lyons of the changes to the receipt. Asked why he took those measures, Silber said it was to protect Balmer’s “personal information.”

“The problem here was that Mr. Lyons had no authority to produce that document to either the secretary of state or the NCAA in that form,” Silber said. “Unfortunately for him, he didn’t know the information had been redacted. We simply redacted it for the privacy of Mr. Balmer. … Mr. Balmer has the right to take off private information.”

Asked why a public business address for Wichard’s agency was considered private information, Silber said, “Where [Balmer’s] bills get sent is a private matter.”

But Balmer’s 35-day stay at the Residence Inn wasn’t the lone receipt produced. Yahoo! Sports obtained a second bill under Balmer’s name for a seven-day stay that overlaps with the 35-day stay.

The receipts, which were authenticated by a hotel employee, show Balmer held two rooms at the same time for seven days. The rooms were paid for on different credit cards. A fourth-floor room was held for 35 straight days, from Feb. 6 through March 13, and accrued a bill of $4,682.78. Another fourth floor room, located 20 doors away, was reserved at the same time from March 7 to March 14, and accrued a total of $1,260.29. The two bills were paid with different credit cards. The 35-day stay was paid on a Visa. The seven-day stay was paid on an American Express – the same type of card used to pay the July stay that lists Marvin Austin alongside “Pro-tect Management” and marketing agent Mikhail.

Additionally, the seven-day stay matches up with the University of North Carolina’s spring break in 2009. And travel records show Austin took a Delta flight to Los Angeles on March 6, followed by a departing flight out of Los Angeles on March 15.

Asked to explain the existence of this second overlapping room, Silber said he wasn’t aware that the second receipt under Balmer’s name existed.

“I’ve never seen it, so I can’t comment on it,” Silber said. “I’ve not heard any testimony about it. You’re the only person who has ever told me about it. … My stance is I don’t know anything about it.”

Wichard

Both the NCAA and North Carolina Secretary of State declined to comment on the progress of their investigations. A high-ranking source from NFLPA said the union is monitoring the investigations and has asked any agents contacted by the NCAA to cooperate fully.

However, the NFLPA source added that NCAA investigators have failed to turn over any evidence of wrongdoing involving NFL agents – which could hinder the union’s ability to punish any offending agents.

“Lack of evidence is an issue,” the source said. “Thus far, none of the documents generated in the [NCAA and secretary of state] investigations have been shared with the NFLPA.”

Stacey Osburn, a spokesperson for the NCAA, encouraged the NFLPA to get involved in its own investigation, rather than waiting for another body to provide evidence.

“In our conversations with the NFL Players Association, we have told them we will work as cooperatively as possible to share information regarding agent conduct once we conclude our investigation,” Osburn said. “However, that should not deter the NFLPA from conducting its own investigation into the matter, as they have the responsibility and jurisdiction to investigate and discipline agents.”

Leroy Lizard
9/29/2010, 11:57 PM
[USC Fan]This is just Yahoo Sports. Like anything they ever print is true.[/USC Fan]

Collier11
9/30/2010, 12:00 AM
[ESPN] That E stands for entertainment, we didnt become the biggest sports network in the world by doing real journalism[ESPN]

No1Better
9/30/2010, 06:45 AM
Blake will be barred from coaching in the NCAA. So maybe he should take that VP job...

Dio
9/30/2010, 07:42 AM
Gosh, I hope the NCAA doesn't strip us of all the Recruiting National Championships Blake won here. And I suppose we'll have to return the Twister mat to the Toys R Us.

badger
9/30/2010, 07:46 AM
Blake took the OU recruiting files to prevent us from getting any NCAA violations. Those of you who still gripe about that should be thanking him!

Soonermagik
9/30/2010, 08:10 AM
Let's not be naive here.. all of the top programs have had issues like this. Now, not all of them have been made public, but it happens. This doesn't mean that it is the schools fault. There are times where coaches aren't involved.

USC got screwed by those sanctions. Reggie Bush should be the one to pay, not kids 4 and 5 years later. We would being saying the same thing if that happened here. In the case where a coach knows what is going on, then the school should be punished to an extent. To be honest, I actually feel for the programs in this instance. It's not right that kids and fans get cheated, because of scandals like this. The NFL needs to get involved and punish the athletes when they get to the NFL i.e. make them sit out a year.

TexasLidig8r
9/30/2010, 08:14 AM
Blake took the OU recruiting files to prevent us from getting any NCAA violations. Those of you who still gripe about that should be thanking him!

Wait!

Wait!

You mean...

Improper or illegal benefits being offered to Ou recruits?

No...

Really?







:D :D :D :D :D :D :D :D :D :D :D

XingTheRubicon
9/30/2010, 08:24 AM
So, a guy gets fired for borderless incompetence. He destroys/steals all recruiting info. He has 2 years left on his contract, so he sits on his fat *ss for 2 years, except for bilking cash out of a sports marketing agency.

After he gets every last cent from his former employer he's ready to "work" again cuz he luvs dem keeds. After learning all of this, how could anyone hire this human? UNL and UNC deserve everything they get from this piece of trash.


* I know some the things listed above are common in CFB, however a combination of all of those offenses listed above are not at all common.

swardboy
9/30/2010, 08:25 AM
And North Carolina’s Uniform Athlete Agent Act makes it a felony punishable by up to 15 months in prison for agents to provide anything of value to athletes prior to a contractual agreement being reached.

Now here's something with teeth...does the state of Oklahoma have anything similar?

Or Texas?

Leroy Lizard
9/30/2010, 09:45 AM
Now here's something with teeth...does the state of Oklahoma have anything similar?

Or Texas?

What good would it do? Most agents are from out of state.

Frozen Sooner
9/30/2010, 09:49 AM
Most agents are from out of state.

Doesn't matter. If you commit a crime in the state of Oklahoma, you are subject to the in personam jurisdiction of its courts. Being from "out of state" doesn't give you a license to violate the laws of a state. Even if you're physically outside of the state but direct your activity towards the state, you're subject to the jurisdiction of the courts (depending on OK's longarm statute.)

Or are you positing that the athlete will travel out of state to accept the gift?

picasso
9/30/2010, 09:49 AM
Blake took the OU recruiting files to prevent us from getting any NCAA violations. Those of you who still gripe about that should be thanking him!

Oh yeah because he brought in so much great talent.

We lost a few head to head battle with oSu while Blake was in Norman.

Frozen Sooner
9/30/2010, 09:53 AM
Oh yeah because he brought in so much great talent.

We lost a few head to head battle with oSu while Blake was in Norman.

Hell, I'm still made about Howie losing a guy who was the godfather of one of our player's sons, grew up an OU fan, and made the fatal error :rolleyes: of wearing a baseball cap in the trophy room.

picasso
9/30/2010, 09:59 AM
Hell, I'm still made about Howie losing a guy who was the godfather of one of our player's sons, grew up an OU fan, and made the fatal error :rolleyes: of wearing a baseball cap in the trophy room.

We had some nice players when Stoops arrived but Blake missed out on a ton of good ones.
His recruiting genius is a great myth.

And Howie missed a kid from my high school who ran the fastest 40 time at the OU camps the previous summer.
He ended up being an All-WAC RB at Tulsa.
We got Demond out of that class but we also got Bennie Butler. pfffft.

Dan Thompson
9/30/2010, 10:34 AM
My grandson's school teachers said that Blake would become the next head of enforcement for the NCAA.

Frozen Sooner
9/30/2010, 10:36 AM
We had some nice players when Stoops arrived but Blake missed out on a ton of good ones.
His recruiting genius is a great myth.

And Howie missed a kid from my high school who ran the fastest 40 time at the OU camps the previous summer.
He ended up being an All-WAC RB at Tulsa.
We got Demond out of that class but we also got Bennie Butler. pfffft.

Yeah, well, the guy I'm talking about ended up almost single-handedly beating us once and was an NFL first-round draft pick.

badger
9/30/2010, 10:38 AM
I liked this thread better when we were making Blake jokes.

NormanPride
9/30/2010, 10:46 AM
Yeah, well, the guy I'm talking about ended up almost single-handedly beating us once and was an NFL first-round draft pick.

Think about it this way. Maybe if we had that guy those two crappy coaches would have stuck around longer.

Widescreen
9/30/2010, 10:59 AM
Yeah, well, the guy I'm talking about ended up almost single-handedly beating us once and was an NFL first-round draft pick.

Wes Caswell? I agree.

;)

goingoneight
9/30/2010, 11:06 AM
Remember all of the people screaming that we needed to fire BV and hire Blake back on the defensive staff and as a recruiting coordinator circa 2005/2006ish?

Mucha haha... :D

Collier11
9/30/2010, 11:37 AM
Wait!

Wait!

You mean...

Improper or illegal benefits being offered to Ou recruits?

No...

Really?







:D :D :D :D :D :D :D :D :D :D :D


Oh LID, you silly bastard

rainiersooner
9/30/2010, 12:30 PM
Doesn't matter. If you commit a crime in the state of Oklahoma, you are subject to the in personam jurisdiction of its courts. Being from "out of state" doesn't give you a license to violate the laws of a state. Even if you're physically outside of the state but direct your activity towards the state, you're subject to the jurisdiction of the courts (depending on OK's longarm statute.)

Or are you positing that the athlete will travel out of state to accept the gift?

Oh I love it when you get all Latin speaking and stuff. :D

Widescreen
9/30/2010, 12:31 PM
Remember all of the people screaming that we needed to fire BV and hire Blake back on the defensive staff and as a recruiting coordinator circa 2005/2006ish?

Mucha haha... :D

No, I don't remember anyone ever saying anything remotely like that. At all.

royalfan5
9/30/2010, 12:35 PM
I guess if this comes back and bites Nebraska, maybe the NCAA will expunge the "accomplishments" of the Callahan era, and the offical records will reflect the states amenesia of the time.

TexasLidig8r
9/30/2010, 01:50 PM
I guess if this comes back and bites Nebraska, maybe the NCAA will expunge the "accomplishments" of the Callahan era, and the offical records will reflect the states amenesia of the time.

And they will blame Texas for that too. :D

royalfan5
9/30/2010, 01:52 PM
And they will blame Texas for that too. :D

It's well know that Steve Pederson was a Longhorn plant, and that Texas is controlled by a Joint effort of the Illuminati and Tri-Lateral Commission.

swardboy
9/30/2010, 04:11 PM
I didn't know that.

VA Sooner
9/30/2010, 04:46 PM
More and more details coming out. John Blake is a tainted coach... affecting 2 programs.

Leroy Lizard
9/30/2010, 04:52 PM
Doesn't matter. If you commit a crime in the state of Oklahoma, you are subject to the in personam jurisdiction of its courts. Being from "out of state" doesn't give you a license to violate the laws of a state. Even if you're physically outside of the state but direct your activity towards the state, you're subject to the jurisdiction of the courts (depending on OK's longarm statute.)

Or are you positing that the athlete will travel out of state to accept the gift?

No, just what do you really expect the state of Oklahoma to do?

BTW, if I call the player and arrange a wire transfer from New Jersey, can Oklahoma regulate that activity? (Serious question, not being a jerk... this time.)

Leroy Lizard
9/30/2010, 04:54 PM
USC got screwed by those sanctions. Reggie Bush should be the one to pay, not kids 4 and 5 years later. We would being saying the same thing if that happened here. In the case where a coach knows what is going on, then the school should be punished to an extent. To be honest, I actually feel for the programs in this instance. It's not right that kids and fans get cheated, because of scandals like this. The NFL needs to get involved and punish the athletes when they get to the NFL i.e. make them sit out a year.

USC should pay for the way they handled the situation once the problems arose.

The NCAA is a self-governing body. It expects diligence by its members in keeping things on the level and to fully cooperate if they are not.

Leroy Lizard
9/30/2010, 04:55 PM
No, I don't remember anyone ever saying anything remotely like that. At all.

I heard some talk about hiring him back as a recruiting coordinator. I'm not sure the voice was loud, though. (And Blake's recruiting was overrated.)

Frozen Sooner
9/30/2010, 05:10 PM
No, just what do you really expect the state of Oklahoma to do?

BTW, if I call the player and arrange a wire transfer from New Jersey, can Oklahoma regulate that activity? (Serious question, not being a jerk... this time.)

Depends on the priorities of the state AG, but if they feel strongly enough about it they can arrange for arrest and extradition for trial. If nothing else, having an arrest warrant hanging out in another state is going to raise eyebrows for the agent's state bar association (if he's an attorney, many agents are.)

And yes, they absolutely can. Activity directed towards a particular state and that particular state's residents subjects you to the jurisdiction of that state.

Widescreen
9/30/2010, 05:16 PM
I heard some talk about hiring him back as a recruiting coordinator. I'm not sure the voice was loud, though. (And Blake's recruiting was overrated.)

Those people are morons. He trashed our recruiting when he left. Also, can you imagine Stoops ever hiring him for any job? I sure can't.

westbrooke
9/30/2010, 05:19 PM
It's well know that Steve Pederson was a Longhorn plant, and that Texas is controlled by a Joint effort of the Illuminati and Tri-Lateral Commission.

I believe meetings are held at "The Meadows."

http://www.youtube.com/watch?v=TPMS6tGOACo

RedstickSooner
9/30/2010, 07:11 PM
My grandson's school teachers said that Blake would become the next head of enforcement for the NCAA.

Actually, criminals can make great cops. They know the angles.

Leroy Lizard
9/30/2010, 08:07 PM
Depends on the priorities of the state AG, but if they feel strongly enough about it they can arrange for arrest and extradition for trial. If nothing else, having an arrest warrant hanging out in another state is going to raise eyebrows for the agent's state bar association (if he's an attorney, many agents are.)

And yes, they absolutely can. Activity directed towards a particular state and that particular state's residents subjects you to the jurisdiction of that state.

What if the player contacts the agent?

At what point does this become interstate commerce?

Leroy Lizard
9/30/2010, 08:07 PM
Those people are morons. He trashed our recruiting when he left. Also, can you imagine Stoops ever hiring him for any job?

Yeah.

Oh, in sports.

stoopified
9/30/2010, 08:36 PM
DUH

Frozen Sooner
9/30/2010, 09:43 PM
What if the player contacts the agent?

At what point does this become interstate commerce?

It'd be an interesting question on the first one, but I think going to the purpose of the law they're trying to keep agents from initiating contact with players, so regardless of jurisdiction I'm not sure it'd be prosecuted anyhow.

For the second question, if you're trying to get to Dormant Commerce Clause analysis, that's probably not a winner. Although the state regulation will have an impact on interstate commerce, it's not a facial discrimination against interstate commerce, and at that point you get rational basis review from the courts. Is there a legitimate state interest in protecting amateur status of athletes attending their university? Probably, particularly if you take a rather cynical view. Is there a rational relation between the legislation and the interest? Yep.

Leroy Lizard
9/30/2010, 09:51 PM
It'd be an interesting question on the first one, but I think going to the purpose of the law they're trying to keep agents from initiating contact with players, so regardless of jurisdiction I'm not sure it'd be prosecuted anyhow.

For the second question, if you're trying to get to Dormant Commerce Clause analysis, that's probably not a winner. Although the state regulation will have an impact on interstate commerce, it's not a facial discrimination against interstate commerce, and at that point you get rational basis review from the courts. Is there a legitimate state interest in protecting amateur status of athletes attending their university? Probably, particularly if you take a rather cynical view. Is there a rational relation between the legislation and the interest? Yep.

Thanks. I didn't get it on the first read. But I understand it now.

One more question: Suppose the player comes to my state and we work the deal.

bent rider
9/30/2010, 09:53 PM
Actually, criminals can make great cops. They know the angles.

Agent Bleak, leader of the "B Team", fighting scumbag sports-agentry all across this great land. Agent Sampson riding shotgun, wireless communications engineer.

Leroy Lizard
9/30/2010, 10:06 PM
Froze, one more question:

Does a state law that does not allow an agent to make a business deal with players in essence make the player a second class citizen?

We limit certain transactions with felons and minors. And I imagine that certain groups of people cannot engage in certain transactions out of concern for public safety. But NCAA athletes? They're adults. Sure, they signed a pledge with the NCAA, but (at least to me) that is an agreement solely between the player and the NCAA; why should an agent be bound by it?

Frozen Sooner
9/30/2010, 10:16 PM
Thanks. I didn't get it on the first read. But I understand it now.

One more question: Suppose the player comes to my state and we work the deal.

In that case, probably the state wouldn't have jurisdiction over the transaction. Then again, you look to the inducement-how did the agent get the player to come out of state?


Froze, one more question:

Does a state law that does not allow an agent to make a business deal with players in essence make the player a second class citizen?

Nope. First, the player isn't forbidden to do anything by law-he's not going to be punished at all. Second, he can give up his status as an amateur at any time he wishes. This is hardly the kind of thing that leads to a suspect classification under 14th Amendment analysis.


We limit certain transactions with felons and minors. And I imagine that certain groups of people cannot engage in certain transactions out of concern for public safety. But NCAA athletes? They're adults. Sure, they signed a pledge with the NCAA, but (at least to me) that is an agreement solely between the player and the NCAA; why should an agent be bound by it?

The agent isn't bound by the player's agreement with the university. He's bound by statutory enactment not to interfere with it.

Leroy Lizard
10/2/2010, 02:48 AM
Somehow I missed your response. Thanks.

OUthunder
10/2/2010, 06:54 AM
It's pretty sad to think that Blake is as good a person as he was a head coach. I'm just glad that he's no longer associated with OU.

VA Sooner
10/2/2010, 07:47 AM
Great thread! Thanks for the info, Frozen.