Indianapolis, IN – The NCAA released an external report Monday, centering on improper conduct within its enforcement program during the Miami-Florida investigation.
A review conducted by Kenneth L. Wainstein, a partner with the law firm Cadwalader, Wickersham & Taft LLP, said select NCAA enforcement staff acted contrary to internal protocols, legal counsel and the membership's understanding about the limits of its investigative powers.
"With the completion of the external enforcement review, we recognize that certain investigative tactics used in portions of the University of Miami case failed our membership," said NCAA president Mark Emmert in a statement Monday. "As I stated before, we are committed to making the necessary improvements to our enforcement processes and ensuring our actions are consistent with our own values and member expectations."
The review focused specifically on the enforcement staff's use of outside counsel and the federal bankruptcy process to determine whether staff took inappropriate steps in their efforts to secure testimony and records, and if so, determine how that happened.
Miami's football program had come under fire after reports surfaced that players were given gifts and extra benefits from Nevin Shapiro, now serving jail time for running an alleged Ponzi scheme.
The NCAA's investigation began in August 2011.
According to the external review, staff enforcement members knowingly circumvented legal advice to engage Shapiro's criminal defense attorney; violated the internal NCAA policy of legal counsel only being retained and monitored by the legal staff; paid insufficient attention to the concern that engaging the criminal defense attorney could constitute an inappropriate manipulation of the bankruptcy process; and did not sufficiently consider the membership's understanding about the limits of the enforcement staff's investigative powers.
The NCAA said the information gained through the bankruptcy proceedings or other evidence derived from that process will not be used in the Miami investigative record.
With the external review now completed, the NCAA could soon issue Miami a notice of allegations.