Gavin Fritton gavinesq

Comment history

Tom Keegan: Jury rules Adidas defrauds KU, strangely happy news for 'victims'

You, sir, have a helluva memory.

October 25, 2018 at 5:26 p.m. ( | suggest removal )

Tom Keegan: Stormy texting puts KU basketball on center stage at trial

First, the presumption of innocence is generally applied in a criminal context. Gassnola has the presumption of innocence because his 5th Amendment rights have attached and he stands to be deprived of his liberty (via prison sentence) or his property (via a fine/penalty) as a result of the trial. Gassnola is considered innocent until the DOJ proves him guilty.

An NCAA investigation, though, isn't a criminal trial. Any school that wants to join the NCAA has to agree to abide by NCAA rules, by-laws and regulations. And the NCAA doesn't guarantee a presumption of innocence to its member institutions. In fact, while it is not codified, one could argue (and many have argued) that once the NCAA sends a school a Notice of Inquiry (or Notice of Allegations, etc.) there's a presumption of guilt. Since the NCAA is both a private institution and a voluntary one, no one is forced to abide by their rules except by their own choice. Personally, my view is that the NCAA is a cartel. But it's hard to complain about the way a member of a cartel is treated by the rest of the cartel.

Second, the DOJ's superseding indictment makes it very clear how Adidas was committing fraud. At a basic level, fraud is when "someone" misrepresents a material fact to induce someone to rely on that misrepresentation to their own detriment.

Here, they were paying players to go to specific schools. Those payments rendered the players ineligible. The schools gave scholarships to players under the belief that the players would be eligible. The misrepresentation is that Adidas hid their scheme from the schools. Those schools, notably were business partners of Adidas. KU should be allowed to conduct itself as if its business partner and sponsor wouldn't take any action that would jeopardize KU's business interests. Additionally, per the indictment, scheme participants deprived the schools of necessary, significant information about the eligibility of their athletes. Either KU knew about the payments or they didn't. If they knew and took the players and put them on the court anyway, then the school committed a major violation. If the schools DIDN'T know, they didn't know because Adidas was working at cross-purposes to the school and prevented KU from knowing about their eligibility. In other words, if KU wasn't a victim, they were breaking the rules. Those are the only possibilities. I'll link to the indictment below.

You have a point about the players potentially ALSO defrauding their schools, but 1) that doesn't mean that Adidas DIDN'T commit fraud as well; and 2) that means that, at a minimum, Adidas induced the players to commit fraud. And inducing someone to commit a crime is also a crime.

None of this is to say that KU (or anyone else) will or won't be punished or investigated by the NCAA. And I certainly hope they're not.


October 16, 2018 at 1:43 p.m. ( | suggest removal )

Familiar result: Kansas football suffers overtime loss to Nicholls State

“The sun is going to come up tomorrow,” Beaty said...

I long for the day a Kansas football coach holds himself to a higher standard than his abject failure as a coach preventing the sun from rising.

September 2, 2018 at 12:53 a.m. ( | suggest removal )

Former KU AD Lew Perkins gives school thumbs-up for hiring Jeff Long

So we got this going for us. Which is nice.

July 6, 2018 at 1:02 a.m. ( | suggest removal )

Athletic directors, other prominent figures in college athletics weigh in on new KU A.D. Jeff Long

So, we've got Steve Hatchell and Bob Bowlsby weighing in and I'm glad to know they're calling it a good decision. But has anyone asked Dan Beebe what he thinks of this hire?

July 5, 2018 at 6:18 p.m. ( | suggest removal )

Former KU athletic director to join Free State football staff

I'm sure that whatever he gets paid by Free State will be a pittance compared to his KU salary, but does anyone know if KU will get an offset from his his buyout for the amount Free State will be paying him? I realize probably not and also that any recovery KU might make would be very small, but I'm just curious.

June 23, 2018 at 12:25 a.m. ( | suggest removal )

Tom Keegan: Loose deadline enables Kansas to take AD search beyond obvious candidates

After Lew Perkins was using his office to get god knows how many favors and privileges, she made it very clear to Bubba Cunningham that he had to take on all sorts of onerous responsibilities to report to her all outside income, consulting work, when he got "stuff" for free or at a discount, etc.

Recall that Perkins was doing a lot more than using/abusing his privileges with the airplane. He was giving out KU basketball tickets to cops who pulled him over for traffic infractions. I may not remember the details of this exactly correctly, but he got a contractor, one who relied on KU generally and Kansas Athletics specifically for a lot of work, to remodel Perkins' own home workout area and it was done for free. When it finally leaked to the public, a year or two later, it looked awful because what it SEEMED like was Perkins was demanding contractors do work for him for free or risk their contracts with KU and Perkins immediately (well, immediately two years later) wrote a check to pay for the work and he chalked it all up to an accounting error. His tenure was filled with that kind of stuff and that was why BGL made those changes.

The thing is, KU and Cunningham more or less had a deal in place and then she inserted those requirements at nearly the last minute. I don't blame her for doing it, but I also don't blame Cunningham for walking away. Zenger was more than happy to live with those restrictions and he was apparently the second choice after Cunningham.

May 29, 2018 at 11:28 p.m. ( | suggest removal )

Possible AD candidates for Kansas

Not legally possible. It's standard to take out insurance policies on certain "key" employees and I assume KU does this for certain people like the AD. Additionally, part of the benefits package will certainly be a life insurance policy in addition to standard health coverage. No way Bohl can possibly qualify for insurance as a crushed dove. Actuarially, it's a complete non-starter.

May 22, 2018 at 12:51 p.m. ( | suggest removal )

Williams Fund boss Matt Baty instructs KU donors on how not to be 'part of the problem'

Do *I* want to be part of the solution or part of the problem? The nerve required to even ASK that question while not acknowledging the criminal levels of negligence committed by the KUAD is absolutely mind-boggling.

Also, it's worth noting that Baty is hammering the five-year plan, as if the problem all along has been that we ran out of patience with Turner Gill, Bob Valesente, Charlie Weis and Terry Allen too soon and that the fault belonged to a restive fan base for not giving them enough time to do the job. Does Baty or anyone else on the planet really feel like THIS year is going to be the one that KU football turns the corner and that we're gonna win games now because that is the just reward for our patience? What is Baty going to say a year from now when the team loses another eleven games? That the five-year plan was stupid and we fans should have known that it wasn't ever going to happen in five years and it's our fault for believing him?

For the record, I want to be part of the solution. But I'm not 100% convinced the KUAD even understands the problem, let alone how to solve it.

May 3, 2018 at 2:04 p.m. ( | suggest removal )