The Scandal

Psst, hey, you’ve heard about “the” scandal, right?

I’m not talking (this time!) about U.S. political parties colluding with the Russians in an attempt to influence the outcome of the 2016 Presidential election or the three UCLA freshman basketball players foolishly shoplifting in China.

What I’m talking about this time is the sting run by the U.S. Attorney’s Office and the FBI to corral a number of bad seeds on the fringe of the multi-billion dollar per year college basketball program run under the auspices of the National Collegiate Athletic Association, commonly known as the NCAA.

The Bad Seeds

Before the 2017-18 season could get under way, the U.S. government indicted a number of these bad seeds. Who exactly, then, are these bad seeds?

For starters, they include a number of low lifes who want to represent these young basketball players as they matriculate from the various college programs to the fame and wealth that awaits the best of them in the professional basketball ranks of the National Basketball Association, commonly known as the NBA. There is a lot of money to be made in representing these future star athletes. To be sure, most of these representatives–sports agents, lawyers, investment advisors–are honorable professionals who go about pursuing their careers in honorable ways. However, in every apple barrel, there are a number of rotten apples, representatives who will pay significant money under the table to bribe those who can help them cut corners in pursuit of the riches that await those who can amass a stable of these top young basketball players.

But these are not the only bad seeds the government is after. For everyone willing to pay a bribe, there is someone willing to accept a bribe, a college coach, a college assistant coach, a family friend or a family member of one of these superstars to be, whomever can influence the choice of which representative the athlete will hire when the time comes.

And, perhaps saddest of all, some of the ballplayers themselves.

The Indictments

The indictments handed down charged people with ties to approximately ten colleges around the country.  One such indicted person was Tony Bland, an assistant basketball coach at the University of Southern California. Bland is accused of accepting bribes to influence two USC basketball players and, in turn, paying bribes, directly or indirectly, to two USC basketball players or recruits. Bland, who has pleaded not guilty, has been has suspended by USC without pay.

Ugly Is As Ugly Does

Here’s where an ugly story turns uglier.

One of the USC basketball players originally accused of being the recipient of a bribe from Bland is De’Anthony Melton, a highly touted 19 year old USC sophomore basketball player. The original government claim is that Bland received a bribe and then made an illicit payment of a portion of that bribe to Melton through a Melton family friend, Dave Elliott.

The evidence the government offered to support the original charges was a videotape that allegedly shows the payments changing hands, from one indicted bad seed to Bland and then from Bland to Elliott. The only hitch in the original story is that the videotape shows clearly that the payment for Melton was not made to Elliott. He left the meeting in question with no money given to him.

And It Gets Worse

It gets worse, much worse.

The government has now concluded that Melton, who has been an open book and has fully cooperated with the government, received no payment and has done nothing wrong. As far as the government is now concerned, Melton is good to go.

But USC hasn’t allowed Melton to play with the USC team in any games so far this season. And there is no indication that USC will allow Melton to suit up anytime soon.

Why not?

Because, the NCAA has a rules that says if a college plays a player who ultimately turns out to have violated any NCAA rules, the college forfeits its eligibility and its games for the season in question. USC has asked the NCAA to waive its rule in this instance given that Melton appears by all reasonable criteria to be wholly innocent of any wrongdoing. The NCAA is refusing to waive its rule.

Why?

Because, “mother please, I’ll do it myself!” The NCAA is not willing to accept the government’s independent, competent conclusions about Melton and wants to conduct its own redundant, unnecessary investigation. Like it’s more qualified to investigate Melton than the U.S. Attorney and the FBI.

So? If the NCAA has to bother, then: Get it on. Get it done. Innocent until proven guilty. How hard can this be? There’s simply nothing implicating Melton of any wrongdoing.

But the government has directed the NCAA to butt out so long as the government’s criminal cases against the indicted parties are still pending. And that will likely go on for years, or certainly could.

Meanwhile, Melton’s time sensitive career, is being trashed through no fault of his own.

Will The Real Bad Seeds Please Stand Up

Which brings me back to the question of just who the bad seeds are here.

Certainly, the bad seeds include the indicted parties, at least if they are ultimately convicted in a court of law.

But what about the government, the NCAA and USC?

The government probably has a decent position. It has a job to do, to convict a bunch of bad seeds who probably belong in jail, and to bring this kind of ongoing bad behavior to an end. The government is understandably concerned that some maverick NCAA investigation could somehow compromise their cases. And that is possible.

The NCAA Is Number One Bad–The Consummate Bully

The NCAA, however, is nothing less than disgusting. Why do they need to conduct their own investigation? Why can’t they accept the government’s investigation, especially when there’s not one shred of evidence against Melton? Under the circumstances, the NCAA has no skin in this game. No interest whatsoever to protect. Other than its own arrogance. Just a principle turned on its head, guilty until proven innocent to the NCAA.

USC Is A Close Second

And USC is not far behind in the disgusting category. Why doesn’t USC just tell the NCAA where it can put it’s rule? (Where the sun doesn’t shine.) Why doesn’t USC just suit up the innocent young Melton? Do the right thing by this young man? What’s the worst thing that can happen? If Melton turns out after all to have taken some improper payment, so USC will maybe forfeit some games. I’m a USC alumnus. I’m ashamed of USC for being so cowardly. I would be proud of USC for standing behind its athletes, even if it turned out that one who reasonably appeared innocent was not. Better to forfeit a few games, or a whole season, than perhaps to destroy the career of one who in all likelihood has done nothing wrong. Better to uphold innocent until proven guilty.

And if the NCAA messes with USC for suiting up Melton without proving Melton guilty, well that’s a case I’d take on a contingent fee basis. I’d like to see the NCAA try that, to be more obnoxious than it already is.

Editor’s Note: Just this week, iconic coach Jim Pittino, not indicted but vaguely caught up in the scandal, and recently summarily fired by the University of Louisville, one of the all time successful college basketball programs, sued the University for $38.5 million, claiming wrongful termination. Melton has a terrific lawyer, Vicki Podberesky, who has been doing everything she can to help Melton. One wonders if perhaps she should file suit for Melton against the NCAA and USC and seek a mandatory injunction compelling USC to activate and play Melton. After all, Melton stands to be far more harmed by not being allowed to play than USC and the NCAA stands to lose by Melton being allowed to play.


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