Wednesday, October 3, 2018

KU’s De Sousa could be ruled ineligible, NCAA rules experts say; chances of vacating Final Four appearance less clear

Kansas freshman Silvio De Sousa throws up a shot in pre-game warmups Saturday ahead of his season debut vs. Kansas State. De Sousa was cleared to play Saturday morning.

Kansas freshman Silvio De Sousa throws up a shot in pre-game warmups Saturday ahead of his season debut vs. Kansas State. De Sousa was cleared to play Saturday morning.


Although he is not on trial, Silvio De Sousa could be ruled ineligible to play basketball for KU based on the outcome of a federal trial underway in New York, NCAA experts told the Journal-World.

Less certain is whether the University of Kansas may have to forfeit some of last year’s wins and erase its Final Four appearance and conference championship from the record books.

Former NCAA officials and an attorney on Wednesday told the Journal-World that KU may have a defense against NCAA sanctions if it can prove that athletic department officials were unaware that money was paid to get De Sousa to attend KU. But they also said there are ways KU could be punished even if the facts show university leaders weren’t directly aware of the alleged payment.

Much depends on the outcome of the federal fraud case that began this week and is expected to last through this month — or right before KU’s regular season begins on Nov. 6.

At that trial, Casey Donnelly, an attorney for former Adidas executive Jim Gatto, on Tuesday admitted that her client paid $20,000 to get Silvio De Sousa to attend the University of Kansas to play basketball.

William H. Brooks, an Alabama lawyer who has represented universities facing NCAA infractions, told the Journal-World on Wednesday the admission could make De Sousa ineligible to play for KU in the future, but may not result in sanctions for the university.

“As the information comes out, the first thing that comes to mind is that it could create immediate eligibility problems for the player, which is different than saying there has been an institutional violation,” he said. “It depends in part, in respect to these payments, not only the source of the funds but who’s directing the payment.”

Gatto, Adidas consultant Merl Code and aspiring basketball agent Christian Dawkins are facing conspiracy and fraud charges. All three men have pleaded not guilty.

The federal prosecutors consider schools like KU to be the victims because they were unaware of the payments to their players. Defense lawyers, though, placed the blame largely on the schools’ lust for basketball glory, saying blue-chip athletes were used to attract tens of millions of dollars in donations and revenues.

So far in the trial, no KU coaches have specifically been named, but Gatto’s attorney said he was acting on the wishes of coaches in general.

Also at question is whether De Sousa himself knew of the alleged payment, or if only De Sousa’s legal guardian knew of the payment. From a rules standpoint, the distinction is likely moot, officials said.

Cam Newton, the Heisman- and national championship-winning quarterback for Auburn University who is now the quarterback for the NFL’s Carolina Panthers, escaped any punishment after the NCAA ruled he was unaware of his father’s pay-to-play scheme.

But the case was a catalyst that changed NCAA rules, which were changed to include parents as agents, the Associated Press reported in 2012.

De Sousa will likely not be so lucky as Newton. Brooks said the current rule means a parent or guardian accepting money would also disqualify a player from eligibility.

“The effect would be the same on the player,” he said.

Brooks also said it’s possible the NCAA may be able to connect the dots and find the universities aren’t as innocent as the federal prosecutors think, but to do that would likely require an NCAA investigation to substantiate it.

He said there is a range of penalties that could apply when an ineligible player competes, but how the NCAA would decide those sanctions depends in part on whether the school knew the player was ineligible.

But if the university did not know, Brooks said he doesn’t know how the NCAA would move forward. It’s possible KU basketball could be facing the vacation of wins if De Sousa is ruled ineligible, but Brooks thinks the university would also have a case against that.

“I’d imagine the institution would argue there shouldn’t be any vacation of wins,” he said. “But whether or not wins should be vacated is hashed out between the institution and the committee on infractions, ultimately.”

If the NCAA chooses to take action after the trial, a university playing the victim may not be a good enough defense from the NCAA imposing other sanctions, said Josephine Potuto, a University of Nebraska College of Law professor and former chair of the NCAA committee on infractions.

She said she did not know any of the details of KU’s situation, but spoke about how the situation could affect a university generally.

If a university played a student-athlete who received money from outside sources without the university’s knowledge, the NCAA could look into the university’s methods of tracking such information. If the university did everything it could to make sure such things did not happen and was the victim of a “rogue booster,” then it may escape sanctions.

“If it has a good system in place, then it’s in pretty good shape,” she said.

But if the university's systems to monitor those issues are not up to snuff, the NCAA may charge the universities with lack of institutional control, a major NCAA violation, Potuto said.

“In that case, that university would have failed in its responsibility of institutional control, and it would be a major case with potential penalties, notwithstanding the fact that the university didn’t know what was going on,” Potuto said. “If in fact the evidence is the university didn’t know, you then move over to whether the reason why it didn’t know was because it didn’t have a fully engaged compliance oversight system to avoid violations.”

Another wrinkle in the situation is that any ruling on KU would be one of the first to be made since the Rice Commission completed its work to strengthen enforcement rules in college basketball. One of the rule changes may allow the NCAA to take quicker action against De Sousa or KU than it would have previously.

The commission chaired by former Secretary of State Condoleezza Rice modified the rules for the NCAA’s enforcement staff, allowing the NCAA investigations staff to use information that is established by a third party, such as a criminal trial.

“They don’t have to do it over again,” Brooks said. “That’s something that might ultimately come in play, which facts are actually established in the trial.”

Brooks said the defendants’ lawyers claiming to have paid players does not establish fact just yet.

Tom Yeager, retired commissioner for the Colonial Athletic Association who also served on the NCAA committee on infractions, told the Journal-World on Tuesday it is possible De Sousa would be ruled ineligible and KU could be facing code violations.

On Wednesday, Yeager said how the NCAA moves forward with the facts may depend on the results of the court case. The federal government and the NCAA could look at the same case and have different objectives, he said.

But how the NCAA will look at the situation is yet to be determined.

“The fans are probably very anxious about what it means, but it’s just got to play itself out,” Yeager said.


Barry Weiss 4 years, 1 month ago

Silvio will be cut most likely. No way KU risks penalties.

Craig Carson 4 years, 1 month ago

I hope so too..I think Silvio is a great kid, but his guardian put his career in a tailspin and KU is a no win situation in terms of playing him..seeing how cautious Self has always been with players with eligibility questions, I cant see Self playing Silvio

Craig Carson 4 years, 1 month ago

I like Silvio, he seems like a good kid...I honestly dont think he had any real idea what was going on and it seems unfair that he probably wont get to play after working so hard to get on the court..BUT, Id rather sacrifice him and his college career than KU lose wins, its FF and get sanctions..we can only hope that KU's compliance department is top notch and can prove that it did everything reasonable in its power to make sure each player was indeed cleared for competition..this could end up being the deciding factor..I dont think this will effect this upcoming season because it seems unfair to tell a college team right before the season that "hey, you cant play in the NCAA tourney this year".. I honestly would prefer this to get cleared up before the season so we know weather or not DeSousa will play...I also hope noone at KU was dumb enough to be directly involved in any of this

Joe Ross 4 years, 1 month ago

Im still wondering if the guardian was paid in cash or not. Is there a paper trail? Phone records?

Any phone records showing conversations between Adidas and Silvio's guardian immediately before Silvio announced could be problematic. I'd imagine that it's a good chance there is...

Suzi Marshall 4 years, 1 month ago

I've never been optimistic about him playing for Kansas again if the trial came off on time. I thought there would be several postponements. No way we vacate wins. The NCAA would need to vacate nearly every teams record for the past several years.

Dyrk Dugan 4 years, 1 month ago

I still want the facts; if this case is going to be the thing to bring Kansas down, I want to see the proof. And it better be clear cut; place, date and time of how the payment went down; and corroborated with 1st hand witnesses. We seem to forget, and the LJW certainly has, that Fenny is on record; to two different publications including the LJW; that he took no money from anyone. And even this hot shot defense attorney didn’t get specific; he was told to whom? He made a $20,000 payment; to whom? Cooperating witness 3 has already plead to one count of wire fraud; and there’s been nothing in the coverage that talks about how the guardian got the money; so it really can’t be this guy; or he would be nailed for this too. There’s a heckuva lot more to come; or this is a sham all the way around. And that’s a scary deal, with the power of the federal govt. sledge hammering college basketball.

Thomas Green 4 years, 1 month ago

The government says Gatto paid money to Silvio. Defendant Gatto has admitted to paying Silvio money. Silvio will not play for KU this season and probably never again, even if he didn’t know, because his legal guardian took money. Self and the University certainly want to present a case for having outstanding institutional control, therefore playing him now, would fly in the face of such a case. I would hope against hope the NCAA might determine he did not know about the payments and eventually be ruled eligible with some type of sanctions. I would not imagine such a determination would be made soon. This year for him is all but lost!

Eric TheCapn 4 years, 1 month ago

"COULD be" ... Sounds like some "experts" are really going out on a limb and giving lots of hard facts to support writing a long-a** article about-- oh wait, I'm sorry, about literally nothing of value at all. Apparently has become a European soccer tabloid.

Keith Cahalen 4 years, 1 month ago

Despite being under oath, the statements so far as merely allegations .. where is the "proof" that the money was actually delivered additionally, the defense has yet make their case ... as for institutional controls, if the results of what happened to Billy Preston don't show KU's tight institutional controls, no university would pass NCAA requirements ...

Bryce Landon 4 years, 1 month ago

Agreed - how do we know that Gatto isn't in the mode of "If I'm going down, I'm taking as many people down with me as possible"? And yes, Self would never have played De Sousa if he had any inkling there were questions about his eligibility. KU under Self has been a near-perfect model for adhering to NCAA eligibility rules.

Gerry Butler 4 years, 1 month ago

Agreed Bryce. - That's EXACTLY what this piece of crap Gatto is thinking. - He has so much on the line , doesn't matter to him like another article I read said - former business partners -friends - -schools doesn't matter he is going to say whatever he thinks will save his bacon. - -this guy is a cess pool - -like was pointed out though question is how credible of a witness will the jury look at him as? - -He has to much on the line - -without proof - -not saying that it may not end up showing up - but on just his word of mouth? probably not much.

See this is where KU as a University or any University as far as that goes , yes there are some very good players ( Silvio ) but it has just gotten to a point , when recruiting a player anytime there is a guardian involved it's gotten to that point - - - - We need to stay the hell completely away from that kind of situation , just seems like trouble more often then not - -not saying the player themselves - but sometimes the guardian is shaddy - keeping fingers crossed. - - ROCK CHALK ALL DAY LONG BABY

Curtis Hedrick 4 years, 1 month ago

Self was very adamant a last winter that there is nothing to the DeSousa issue. That's why he was on the floor. Self is not going to put the KU program in any compromising positions with the NCAA to give them a reason to press issues. I think DeSousa wanted to come to KU to begin with and was being forced to the UM commit because of the payoff. Self may have told the guardian to pay the money back to clean up the whole situation and that's why the guardian is denying any payments came his way. I find it hard to believe, after sitting all of these other high profile commits throughout the years, that all of a sudden Self has lost his mind.

Craig Carson 4 years, 1 month ago

I dont think Self knew of any wasnt like KU wasnt in the running for DeSousa then suddenly he picks KU out of nowhere..KU was on his final, I cant imagine Self knowing SD guardian took money and still choosing to pursue the kid knowing it might catch back up to him..thats like me giving you a stolen car and you knowingly driving it around hoping you wont get caught in it..cause eventually you that situation, if you know its stolen, you stay away from it...same with a pay for pay player..

Craig Carson 4 years, 1 month ago

plus Self isnt stupid...if you rob a bank then return the money the very next day, you're still guilty of robbery and will still get arrested..if SD guardian took money and Self knew it, giving it back wouldnt fix the issue

Curtis Hedrick 4 years, 1 month ago

Good point that he didn't know about any payments during the recruitment process . And no he is not stupid, so my suggestion would have been asinine to say the least However, he still put DeSousa on the floor after all this came out stating KU was a victim in the case and there was no wrong doing by DeSousa himself. This suggests there is absolutely no evidence to the allegations or Self just made one huge blunder in keeping him on the floor after this all came out. I just can't believe HCBS would do that without some kind of knowledge that it was, without a doubt, the right thing to do. But I'm no expert, just a big KU sports fan hoping for the best.

Craig Carson 4 years, 1 month ago

Curtis..the FBI investigation really didnt come out until after the NCAA Self really couldnt have knowingly put him on he floor with all this going on

Curtis Hedrick 4 years, 1 month ago

Actually the case was made public in Sept of 2017, but did not mention KU. However, I stand corrected in that the indictment was not made public until 1 week after the Final Four, that's where it named Kansas. So I'm sure Self was not made aware of anything until then. Thanks for clearing that up for me Craig.

Bob Thompson 4 years, 1 month ago

How is it that North Carolina had players go to nonexistent classes and have no NCAA penalties and we have a student player who's guardian apparently accepted money and they are talking about vacating wins. I guess money is more important that a student players education.

Phil Leister 4 years, 1 month ago

So the prosecution claims these guys paid money to recruits/families and thereby defrauded universities. The defense admits to paying the players but not to defraud the universities, but rather to help them. There still has to be proof the payments were made at the request of the schools, coaches, etc, because it's entirely predictable that the defense says they weren't acting at their own discretion but rather someone else.

If they have proof that money was given to Silvio, then OK. Silvio is done. But I have serious doubts they have proof that the payments were requested by someone at KU.

Craig Carson 4 years, 1 month ago

doesnt sound right..thats like me not having a car but needing one, then a friend steals a car and "gifts" it to me..then later on when its discovered the car was stolen (unknown to me) a lawyer says that Im just as guilty as my friend who stole the car just because I benefited from HIS crime??!!!!..I dont think they have proof that ties KU to payments, I think the person they havent named in Silvios Guardian

Gerry Butler 4 years, 1 month ago

Let me 1st say , just as you all say more or less , this is basically BS. I like you all are avid KU fans , however I feel when it is all said and done , that the idiot NCAA is going to stick it too us try and make an example out of a blue blood. -I can say with pretty much for sure just like others have said I believe Silvio is - -DONE , mainly because of the Cam Newton rule. I don't think we will ever see him touch the floor for KU again - -period. that's a shame really good kid - -and his ceiling is through the roof I think - -just not at the College level. - -If his guardian DID take money then HE is the one that needs his but kicked and Silvio should not have to be the one that has to suffer- - unfortunately that won't be the case.

I just feel and have been saying when it's all said and done I think they will make us forfeit games - - any single game Silvio played in we will have to forfeit - - - Because if it is proven that Silvio - - - or his Guardian - -or anyone in his camp took money , then that instantly puts an end to his amateur status hence - we have to forfeit those wins - -they will more likely make us vacate the final four , and there goes the consectutive Big 12 championship streak , yet I don't think they will give us any post season bands that would just be insane. - -The whole thing is insane - -BUT were talking about the NCAA enough said. Keeping fingers crossed for the best -- -ROCK CHALK ALL DAY LONG BABY

Craig Carson 4 years, 1 month ago

if the NCAA really wanted to make an example out of a blue blood school it would have did so with UNC by making them vacate 2 NCAA titles and 20 years worth of wins..THAT would have made much more of a statement than punishing KU over 1 player who played half a year

Tony Bandle 4 years, 1 month ago

Like I have any real clue to what is going on with the investigation, the NCAA, the KU Conformance Dept, Adidas or the De Sousas, but the list of results would seem to read as follows:

1] Silvio will never play another game for KU again but will move onto the G-League as a NBA developmental player.

2] Most likely, Kansas will NOT be penalized with forfeitures from last season.

3] However, Kansas may receive a reduction in scholarships, recruiting processes, etc.for lack of institutional control. [This is the NCAA's standard policy for giving the appearance of punishing a big time money producer without actually hurting the money flow].

4] I would like to complement all the posters above for some extremely well thought out comments and conclusions. When it comes to intelligent and heart-felt posts, no one can beat this site....NO ONE!!!

Craig Carson 4 years, 1 month ago

1) this is what Ive been thinking for the last few months..Self would be an idiot to play him now...I feel bad for the kid though..his guardian really screwed him over 2) as long as KU itself isnt tied to any of the payments and was in fact defrauded, they'd have a case against the NCAA regarding penalties 3) if KU can prove its compliance department did all it could, then even loss of scholarships might be hard to impose..keep in mind that it took the FBI to uncover all this..the NCAA would have been in the dark still 4) I think KU fans are fairly knowledgeable

Dane Pratt 4 years, 1 month ago

This is the risk we take when we recruit high profile athletes. Now that we know the risk exists are we still willing to swim in shark infested waters.

Craig Carson 4 years, 1 month ago

so are they now suppose to recruit 3* kids and hope they morph into productive players? and are you willing to see KU suck for 3 years until those players blossom? cause I sure the hell am not..if you want to win big, you gotta take risk..thats life

Dane Pratt 4 years, 1 month ago

Devonte, Frank, Perry, Svi, Landen. Which one of our OAD’s has contributed more?

Craig Carson 4 years, 1 month ago

let me CORRECT you on a few things...Perry was a 5 MCAA coming out of HS, Devonte AND Svi were actually 5 players..they just blossomed so late in the recruiting process that they went unnoticed by most major programs...are you saying that Embiid, who was a OAD, was less productive than Landen? are you crazy?????..I like guys like Lucas and Jamari Traylor..but you DONT build a FF or NC caliber team with a roster full of those guys..they were role players who were surrounded by highly ranked 5 sorry, but id rather they take chances and get the top rated kids that have to sit through 2-3 seasons and sucking before those 3 kids develop into something

Dane Pratt 4 years, 1 month ago

Bill has been pretty good at developing players wouldn't you agree? Let him do his job at coaching and leave the high risk low reward players to someone else. Not one of the high profile athletes you are in favor of recruiting has helped us in March when it matters most.

Craig Carson 4 years, 1 month ago

+Dane Pratt...yes, Bill has developed SOME players..but like I said, guys like Lucas, Traylor, Morningstar, Reed, Tehan ect..were still role players..even after 4 years under Self..not every lower rated player is gonna be Frank Mason so stop thinking every 3* unranked kid is gonna become still need those top shelf top 50 players to build around..cant build around Landen Lucas or Brannen Greene..and why do you call these kids "high risk"? the ONLY way they'd be high risk is if they have some issues associated with them prior to recruitment and Self choose to ignore it..but not one high profile kid that Self ahs brought in has been in that position..a coach cant know which kid is gonna have issues and which arent....and are you saying KU still makes the elite 8 without OAD Josh Jackson? HELL NO..they dont even win the Big 12 without him..

Dane Pratt 4 years, 1 month ago

Lots of great points Craig and I don't totally disagree with you but I want to say one more thing before I turn over the last word to you and that is, I was expecting more than an elite 8 appearance when we landed josh jackson. I realize how difficult the tournament is and making it to the 3rd round is an accomplishment but if that's as far as we can get with OAD's like Josh Jackson, Xavier Henry, Andrew Wiggins, et al, I don’t think it’s worth it. RCJH

Craig Carson 4 years, 1 month ago

+Dane Pratt..that KU team with Jackson lacked an inside punch..they made enough 3's to cover that up all season..them losing to Oregon in the elite 8 was more a product of having that weakness exposed while Jordan Bell played the defensive game of his life...Xavier Henry was just a Freshmen on the team, he wasnt the "go-to" guy..Collins, Aldrich and even the Morris Twins were there as well...expecting KU to NOT have a OAD type of talent isnt like I said, Self didnt know that Henry would be OAD..KU fans expected him far as Wiggins, that team was the 1 team Self has had were they were led by Freshmen...other than that, Self doesnt build his teams with those type of players so I really dont see what your complaint is..and as far as DeSousa is concerned..he was ranked just outside the top 25..guys in that ranking dont typically leave after 1 season...he wasnt even on any NBA teams you really cant classify him as a "risky" OAD

Curtis Hedrick 4 years, 1 month ago

You mean like what Self did when he first got to Kansas?? He recruited some 5* kids but he won mostly with the lesser "valued" kids. You underestimate Self's coaching ability.

Craig Carson 4 years, 1 month ago

+Curtis talk like all of Selfs teams are built off OAD top 10 guys..and they arent...the number of top rated kids that have had issues compared to the number that havent shows that its a RARE thing for KU to have issues with kids...noone is doubting Self coaching abilities, but for anyone to suggest that maybe its in KU's best interest to stop recruiting 5* kids and focus on no name unranked kids just to feel "safe" is a stupid idea...and as far as DeSousa goes, he was ranked outside the top 25..the only kids who are sure fire OAD are the kids in the top 15 or so..Silvio wasnt on any NBA teams this shows that even kids who arent OAD material are still at risk of being tampered with..sticking to kids who are diamonds in the rough or lower rated kids would just lead to a lot of mediocre seasons in between a good season here and there

Curtis Hedrick 4 years, 1 month ago

Just ask Greg Marshall at Wichita State how hard it is to win without all those 5* athelete's.

Shannon Gustafson 4 years, 1 month ago

At the end of last season he threw all of his lower rated players under the bus saying he needed to recruit higher rated kids now that he's in a better conference so I'm not sure that's a valid argument. Winning a few games in the tourney against quality opponents vs doing it twice a week for a full season are two different things.

Curtis Hedrick 4 years, 1 month ago

Yeah your right, kinda of like what happens to KU most years after fighting to get these OAD's eligible or having to sit them. Don't you think that plays a part in the rest of the teams psyche?

Guess I missed Marshall saying that, but I think he was pissed when one of his best shooting guards decided to transfer. Weird he would do so after finishing 2nd in WSU's 1st year in the AAC. So I think it's a very valid argument, you don't need all those 5* kids. You need a great coach and kids that are hungry to win and that are coachable.

Craig Carson 4 years, 1 month ago

+Curtis Hedrick....when you look at the number of 5* kids that KU has brought in over Selfs 14 years that havent had any issues with potential violations or behavior problems compared to the kids that have had issues, getting OAD eligible has actually been a RARE thing..dont know why you talk like its a yearly problem, cause it isnt..and as far as Marshall..he is a great coach..but he isnt gonna be able to win at a high level in the AAC with the same kids he did while in the MVC..2013 was a great year and Baker & VanFleet were quality players..but ever since that 2014 35-0 team, they've gotten worse every year..even a great coach needs good players

Ryan Zimmerman 4 years, 1 month ago

Been saying this since May. Silvio won't play another game at KU. Ever since this investigation started, it was and is inevitable in my opinion. Also, I believe "ranking-wise" this will be one of the lowest ranked recruiting years we've had since HCBS started here due to the FBI investigation and players wanting to take it safe. I remember Zion's dad saying that was a factor and with it heating up, it'll show for 2019

Shannon Gustafson 4 years, 1 month ago

It was Langford's dad (and now Langford has been mentioned in the trial).

Self almost never signs the 5 star kids during the early signing period and it's no different this year. This class will be just fine.

Ryan Zimmerman 4 years, 1 month ago

You're right- sorry, Langford. My only question is why is this the first year we have had two top 100+ recruits? Has that ever happened under HCBS? I know those 5 stars wait sometimes, just seems odd that we have two of those lower ranked signed out the gate

Shannon Gustafson 4 years, 1 month ago

Rankings are fluid, they won't both be 100+ by the time their Senior season ends. They'll get the KU bump, plus they are both players who were already climbing up the rankings before KU was involved. Most of our 4 star recruits have been 100+ their Junior years.

Curtis Hedrick 4 years, 1 month ago

What seems lost in all of this is the Maryland connection to DeSousa. The first mention of any payoff was for the commitment to that institution, yet nary a peep about UM. I guess paying the money back keeps you outta trouble.

Shannon Gustafson 4 years, 1 month ago

The other funny part is if the initial payment was to get him to go to UM, then the second payment was because he decided to go to KU and the UM payment needed to be paid back, neither of those payments are to get him to go to KU, they are for UM and Under Armour.

Edit: I see you said about the same thing below.

Craig Carson 4 years, 1 month ago

Even with DeSousa going to KU instead of Maryland, the Terps have another player on their team who has the same guardian as they might have some issues with that kid

Curtis Hedrick 4 years, 1 month ago

I thought the apparel rep for Maryland paid DeSousa's guardian the $20,000 in order for him to attend Maryland. Then, since DeSousa wanted to go to KU, Addidas repaid the Maryland apparel company back the $20,000, allowing the guardian to keep the original payment. KU did not contribute any payment and was unaware of any payments being made. So if you wanted to get technical, no payment was actually made for him to attend KU.

Craig Carson 4 years, 1 month ago

that may be true..but even if no money was given for him to come to KU, his guardian still took money

Jonathan Allison 4 years, 1 month ago

It seems likely that Silvio is finished at KU. However, unless it is proven that KU officials knew about the payment to Silvio's guardian, then I highly doubt that KU will be vacating wins, losing scholarships, or receiving any kind of postseason bans. KU's compliance record under Bill Self has been excellent, which likely indicates strong internal controls at least within the basketball program.

It seems unlikely considering recent precedent, but I am curious to hear from the "NCAA experts" if there could be a possibility of KU negotiating an NCAA suspension for De Sousa rather than an ineligible ruling if it cannot be proven that De Sousa knew about the payment.

Craig Carson 4 years, 1 month ago

a suspension would be the most ideal situation for Silvio..but im not sure the NCAA would allow that since taking that amount of $$ is a serious violation..maybe if his guardian had taken the 20K from UA to play for Maryland then gave it back without accepting anything from Addidas then MAYBE that could happen...but seeing as how he supposedly still pocketed 20k...anything other than him being ruled ineligible seems unlikely

Jonathan Allison 4 years, 1 month ago

I'm also curious whether or not De Sousa would have known that his guardian was risking his own college eligibility by taking payments from UA or adidas.

Even if the guardian were not intently hiding the payments from De Sousa or even was sharing some of the money with De Sousa we have to remember the fact that De Sousa is still young, and he migrated here from Africa not long ago. We have been watching and following college basketball for many years. De Sousa has not. He may have thought that his guarding was being paid by UA or adidas all on the up and up.

There is a real possibility that De Sousa and his family are the real victims in this, and that his guarding along with Dawkins, Code, and Gatto are the culprits. We obviously have no evidence at this point whether De Sousa or his family were getting any of this money... but the evidence presumably wouldn't be hard for the FBI to attain if money were flowing from the guardian to the father (unless they are extremely good at concealing overseas payments...)

Craig Carson 4 years, 1 month ago

I would hope Silvio wouldnt be dumb enough to risk making millions for only 20k

Barry Weiss 4 years, 1 month ago

I agree, but then we have the Preston case. Not sure who made the decision there whether it be his mom, him, or both, but that 90K was chump change to what he could have made had he started for KU and had a great year or two.

Marcus Balzer 4 years, 1 month ago

Not trying to throw shade here but I had multiple people tell me that Preston's family was shady and that he would never play a minute at KU. I don't know as much about SDS 'handler' other then what has been reported on this site.

Marius Rowlanski 4 years, 1 month ago

Was Silvio aware of what was taking place? The unfortunate fact is it doesn't matter. The NCAA doesn't want to give up their plantation hold on college sports.

Craig Carson 4 years, 1 month ago

+Marius..i dont understand the idiotic rationale of comparing college athletes to slaves...if anything they are unpaid interns..slaves didnt get to choose when they worked or for how long and they couldnt just leave..last time I checked, college athletes pick where they want to go, are free to leave whenever they want AND have the option of going to Europe and getting paid while skipping college altogether..those are FAR from "plantation" condition

Jeff Foster 4 years, 1 month ago

I guess at some point, I just want to see some hard condemning evidence of something, anything. The FBI says they have audio tape/conversations, do they have bank statements, video, anything on any coaches/schools actually doing something illegal? Or are we just going to continue to hear some slimy person's account of something they're saying that's obviously trying to save their own ass? True, not true, it's all been someone's story, allegations and hearsay so far. If anyone from any school's staff knew anything or orchestrated something, they're dirty and punishment will be accordingly. If not, I hate that your name, legacy and credibility are muddied and you're guilty before proved innocent these days.

Barry Weiss 4 years, 1 month ago

thanks, just reading that statement about Preston being paid 90-100K to attend Kansas, without more explanation that Kansas did not do that, just gives our image a black eye. wish this thing would move faster and clear our good name.

Joe Baker 4 years, 1 month ago

Can we please stop talking about Billy Preston? He did not play and this proves that Self is on his compliance game, which goes even further with Silvio.

Can any of these "experts" tell me how Silvio violated any rules by NOT going to Maryland? IF money was given to the guardian, I think it's great that he chose KU. Why should Silvio be punished for money given for him to choose Maryland by a stupid shoe whore, and he chose KU? The money was not for playing at KU but Maryland. Maybe more players should take the money and play for another school. Then maybe these crooked shoe whores will think twice about giving money to play for specific schools.

Again, there is no concrete proof money was given at all. The guardian has said his life-style shows no proof of any money and his bank account shows it. He's been helping these kids for years and has NEVER taken any money. I think if money was available and he was taking, there would be proof. Self would not have known about any money, but obviously saw something odd for committing to Maryland and then changing the commitment to KU. The compliance department and the KU NCAA representative saw nothing wrong with Silvio being at KU or even playing. I'm sick of these "investigations" and violations coming always after the fact. This is why Silvio went through a thorough and legitimate process prior to attending KU the second half of the season.

THESE SHOE WHORES MUST NOT BE TRUSTED, BUT PROSECUTED TO THE FULLEST EXTENT OF THE LAW. STOP PUNSHING THE KIDS, PARENTS, AND THE PROGRAMS...DAMN IT. This Gatto should be treated like a sick pedophile and never around NCAA basketball for the remainder of his life. He should wear an ankle bracelet. Nike should be next.

Shannon Gustafson 4 years, 1 month ago

He didn't violate rules by not going to Maryland. He (allegedly) violated rules when his guardian accepted money (regardless of the reason for the payment, or if SDS knew about it, or if SDS got the money).

Jim Stauffer 4 years, 1 month ago

The frustrating part for me is initially the story was DeSousa decided not to go to Maryland (Under Armor) for whom his guardian had received money. But the initial story said Silvio decided on his own with no knowledge of any of the money shenanigans. Seems a shame then when the guardian has to finagle the money around so he (the guardian) is square with Under Armor. And all this is taking place without Silvio's knowledge. It appears to me if indeed the guardian received money, and it seems he did, he would do Silvio a great service by confessing and admitting Silvio had no knowledge of these affairs.

Shannon Gustafson 4 years, 1 month ago

Doesn't matter as far as the NCAA is concerned. The same violation occurs regardless of Silvio's knowledge of it all.

Eric TheCapn 4 years, 1 month ago

This is clearly not someone who gives a sh*t about Silvio.

Russ McCaig 4 years, 1 month ago

How about a 5 year ban on Adidas from ALL college sports... Let that revenue burden hit them... Maybe it backs the next one(s) off a bit on this type of behavior... P.S.- I'm sick of it...

Craig Carson 4 years, 1 month ago

with the amount of $$$ they have, they will ensure that NEVER dont hold your breathe

Troy Brodhagen 4 years, 1 month ago

1.) Nothing in the indictment showed any hard proof that the guardian took money. No phone calls. No meeting dates, etc. (doesn’t mean the prosecutors don’t have it, but considering the other detail disclosed in it for other parties seems odd)

2.) If this is true...still a big IF in my mind....that means A. Guardian took $20,000 from UA. B. Guardian took $20,000 from Adidas. C. Potentially paid UA back $20,000.

If government does not show any more proof any of these transactions took place besides the word of the middle man, then #3 is the only explanation.

  1. Middle man tells Gatto we need to pay this kid to go to KU. When in fact he found out Silvio was switching his commitment anyhow. These middle men likely have sticky fingers with all this cash flying around and it’s a way to line his pockets. He gets caught in this investigation and knows they have the information of what he told Adidas, but not going to volunteer that he had $20,000 (likely much much more) in unclaimed income. Seems much more likely than a guardian asking for money to pay UA back to go to KU. What’s UA going to do? Doesn’t add up.

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