Can someone explain to me why all this stuff is illegal and not merely smarmy? On one hand, if some big-time programs get a black eye or even the death penalty there's more room at the top for Dayton. Hooray. On the other hand, why would it be illegal to give a high school student money in order to try to influence them to going to your school? I understand it being an NCAA violation and worthy of a lifetime ban, but what law is being broken there?
THE CHARGES The three cases follow a multi-year investigation by FBI special agent John Vourderis and other federal officials into the criminal influence of money on college coaches and players who participate in NCAA basketball. The investigation revealed “numerous instances" of bribes made by financial advisors and persons connected to apparel companies to assistant coaches, college players, high school players and various family members. The bribes had simple purposes: convince, either directly or indirectly, future college basketball stars to sign with a particular college or convince future NBA players to hire a bribing financial advisor at the start of those players' NBA careers. The federal government's stake in this topic is multi-faceted. For one, the alleged bribes took place across state lines, meaning the persons travelled to different states or communicated across state lines. Such “interstate" activity triggered the possibility of federal charges for conspiracy, bribery, fraud and other crimes. In addition, the federal government financially supports both public and private universities, including through financial student aid, grants and tax breaks. From that lens, coaches handle federal resources and those coaches' salaries are partly subsidized through the federal government. Further, these coaches, as one of the complaints details, “have the ability to provide sports agents, financial advisors, business managers and others with access to the student-athletes they coach" and wield “enormous influence over the student-athletes who play for them, in particular with respect to guiding those student-athletes through the process of selecting agents and other advisors when they prepare to leave college and enter the NBA." In at least an indirect sense, then, federal taxpayers are funding corruption in college sports. With that background in mind, the Justice Department charges that the coaches and financial advisors conspired to commit bribery through educational programs that receive federal funds. Here, the relevant programs are college basketball programs or, more generally, college athletic departments. Under federal law, a person associated with such a program faces up to 10 years in prison if convicted of agreeing to accept anything of value from any person, “intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organization, government, or agency involving any thing of value of $5,000 or more." Since the Justice Department contends the coaches partook in this kind of theft through a conspiracy, they each face an additional maximum of five years in prison. The Justice Department incorporates other charges that relate to this underlying theory of criminal conduct. They include “honest services wire fraud" which refers to using wire communication (such as phone communications) in interstate commerce to engage in fraudulent acts. Part of the fraud, according to one of the complaints, involved depriving the coaches' employing universities “of their intangible right to their employees' honest services." This charge carries up to a 20-year prison sentence, plus an additional five years in prison for partaking in a conspiracy. Travel Act conspiracy also serves as a basis for charges. Under federal law it is a crime to travel in interstate commerce, or use the mail or any facility in interstate, with the intent to distribute the proceeds of any unlawful activity or “promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity." Here the defendants are accused of using the U.S. postal system to further their system of bribes. Violation of this law carries up to a five-year prison sentence. For their part, Gatto, Code and Augustine are accused of conspiring with Dawkins and Sood to commit wire fraud in a scheme to defraud high school athletes and their families. Through this supposed scheme, the defendants allegedly “concealed bribe payments to high school student-athletes and/or their families" in exchange for matriculating to particular universities. By accepting those bribes, the Justice Department observes, the players became ineligible to compete in the NCAA. These five defendants are also accused of money laundering, meaning using unlawful means to give ill-gotten gains the appearance of being legitimate money. Money laundering carries a maximum prison sentence of 20 years in prison. Meanwhile, Person and Michel are accused of conspiring to “steer" college athletes to use Michel's clothing service. Person, as an employee of a school receiving federal funds, is accused of accepting bribes as part of a plot to direct players to Michel. Such conduct, prosecutors charge, deprived Auburn of its “intangible" right to Person's services. If convicted on all counts, the defendants, excluding Dawkins and Sood, could face maximum sentences ranging from 50 to 80 years in prison. Unfortunately for Dawkins and Sood, they face charges in two cases. If convicted across the board and sentenced to the max, each would receive more than 100 years in prison. Seldom, however, is the maximum sentence imposed when the defendants—as in these cases—lack a substantial criminal record. In addition, a judge can dramatically alter the length of a prison sentence based on whether the judge runs the sentences “consecutively" (one after the other) or “concurrently" (at the same time). It is also possible that the defendants will work out plea deals with the Justice Department where they plead guilty or no contest to lesser charges. Nonetheless, the defendants in these case are threatened with multi-year prison sentences should they be convicted.
