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I agree with you that the State has standing in arguing that they shouldn't have to pay the fine - since I agree that seeing as Penn State receives a line-item in the budget, and that money would be considered fungible, it's easy to argue that the NCAA has in effect fined the state - though even there it's questionable because Penn State's budget clearly shows none of the state money or tuition money goes towards the Athletic Dept - it's completely self-funded. But you can argue that Penn State's general budget - and not the AD budget - is bearing the brunt of this.
All that said, the NCAA is claiming that this is money is theirs, so in that manner how they received the money isn't important - only that they have a legal right to it. Which, in theory, the consent decree does.
Black Shoes. Basic Blues. No Name. All Game.
Thats actually an interesting point. I think the Corbett case has more merit than some do on here... But we will see. My boy said he'd keep me posted if his Fed friend hears anything. The moment I find out stuff, I will relay it here. But from what I hear early on, PA v NCAA will NOT be stalled...
WE ARE! And we will always be...
That is a good point. The NCAA lawyers are idiots.
That is not true. It is restricted funds... it absolutely is not fungible.
Bullshit they won't. The NCAA is great at dragging them out years. I'd drag it til Corbett loses election then settle with him in lame duck out of court.
burner phones and money to ex-cons/ncaa witnesses aren't cheap. There is no good reason for the NCAA to care about the money leaving the state as long as it is accounted for and put to the proper use. That is a TON of money and it should be going to the right cause. Instead of that occuring, the NCAA will put more money up to fight for it? That just doesn't smell right. The NCAA at this point should STFU and just ask for a detailed receipt as to where that money went to.
"One man didn't build this program and one man sure as hell cannot tear it down."
Welp, not what insiders inside the circuit are telling me, but OK.
The money the NCAA receives is restricted use? Interesting, didn't know that was even possible.
The interns you try to f*ck aren't insiders
I'm talking to another lawyer on twitter and he said that if the PA v. NCAA case gets to trial it could take up to a year b/c anti-trust cases are usually lengthy.
Dominate The State
If you ask me, I think the only way PA wins this new case is to prove that the consent decree was signed under duress. The contract was executed prior to this law being on the books, so I don't see how it will apply as long as the contract is deemed valid.
The NCAA stated that money from the athletic department can not be taken away from non-revenue sports like volleyball, etc. to pay for the fine.
In other words, unless there is a straight net profit of $12 million in the AD each year in which every single cent goes to the NCAA, then it is impossible for that to be "restricted" funds only.
Follow me on Twitter @rayraycotto
NCAA cases generally last around three years, antitrust ones. They don't end up well from them, but they know how to drag them along.
hahahaha nah, its a guy that graduated PSU DSL like 7 years before I did. He is killin it in that Fed circuit and knows the judge and that particular circuit well (all the judges apparently)... My boy is friends w him and his family... But like I said, nothing new over the last few weeks. I should ask him what he thinks of the NCAA's answer... But like I said, Ill keep you guys posted as he give us info.
BREAKING NEWS: Rod Erickson has personally called The NCAA and has apologized for the State of PA fighting anything. He will personally talk to everyone involved to see if PA will drop all the lgeal stuff even if it means signing a piece of paper.
In other news The NCAA is telling Erickson they will take away his office if he doesn't agree with helping them.
The Erickson Press Conference can be seen live on Disney Jr and is being held at Chuckie Cheese.
They are also usually against individuals... Not states.
I just think the NCAA looks like clowns trying to fight this. I think the fine should have never went into NCAA hands and I think the NCAA should have required PSU to spend X amount of dollars on child abuse prevention and helping abuse victims. All the money should have been itemized and accounted for. The last thing any of this money should be doing is lining anybody's pockets especially emmert and company. By fighting keeping the money instate it makes you look more dirty and corrupt and right now that's not a good look for the NCAA.
The way I took jive's comment to mean is that the NCAA's monie were not fungible.
I agree for the most part.
However, the NCAA is absolutely stupid for doing this.
The reward is not worth the risk at all. They are literally picking a fight with every single state politician over this (not just Corbett) who sees this as a huge opportunity to win over the people of PA. Politicians with pull and ability to have the NCAA sitting in front of congress in DC in a very short amount of time.
I understand egos can make some people be irrational at times, but Emmert is seriously just being 100% stupid, regardless of the legal merits of this current case. The unintended consequences could be enormous.
Yes, mostly they are... But from what my ppl are telling me, it prob wont get to trial... And the process is being sped along more than usual... I will tell info on this board as it becomes available to me.
All they need is to go to next (2014) November. Even next February 2014 is a win for them.
Agree with this too.
When an endowment is created, the funds in the endowment are generally restricted by a contract agreed upon by the donor (or in this case, the offender). Once the guidelines are set up, it would be unlawful to use the funds outside of the parameters set by the agreement. Now, endowments can be unrestricted, but they are rare (usually donors want their money spent a certain way).
If you look at PSU's $1.7B endowment, the vast majority of it is restricted. That is why it is rediculous to reference the endowment when discussing how PSU would pay for the scandal... the majority of those funds cannot be touched.
They'll settle in the end. Idk if they expect to win, the goal is to drag it On as long as they can and inflict as much damage possible.
Oh, I agree. I totally agree with you there.
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