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Where the Cam Newton Case Stands and Why It's Not Going Away

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While it's good for the school and the conference that Auburn won the national championship, I feel like we need to have a talk. You know, the talk. The one about where the investigation into Cam Newton's recruitment currently stands and why it's not going to go away for a long while.

Officially, things are largely as they were back in the first week of December. The NCAA ruled that Cecil Newton asked for money from Mississippi State without Cam Newton's knowledge. It also had no evidence that any of the Newtons received any impermissible benefits from anyone at Auburn. Cam was declared ineligible and then reinstated about a day later.

Only one development has become public since then, as far as I can tell. It's that during the week before Christmas, the NCAA interviewed two contractors who did work on Cecil Newton's church to find out if they were asked to funnel money to the Newtons. That may not seem like much, but the report gives off several clear indicators.

  1. The NCAA investigation is very much alive, as those interviews came weeks after Cam Newton's reinstatement.
  2. Even though Cecil Newton turned over financial records for his family and the church, the NCAA is still looking for evidence of impermissible benefits surrounding the family and the church.
  3. A member of the media, in this case FoxSports.com's Thayer Evans, is still digging into the case, as he found the names of those contractors and called them up for information.

Evans is not alone. Writers for the New York Times published several stories over the past week that either were critical of or took a negative tone with Auburn. Some ESPN personalities, particularly Robert Smith, hinted in their post game coverage that big news is coming soon in the case. You'll recall that ESPN and the Times broke the original story about the Newton investigation, while Evans participated as well with his legally questionable report about Newton's alleged cheating while at Florida.

That's the surface of the story today, but it could go deeper than that. If you want to delve into the world of speculation (which I've carefully curated to keep out as much BS as possible), follow me after the jump. There are more sketchy stories surrounding Auburn University than just the Newton case alone.

Star-divide

IF MORE EVIDENCE IS COMING, WHERE IS IT COMING FROM?

If Smith wasn't just mugging for the cameras with his hinting, this new evidence in the case has to come from somewhere. The NCAA doesn't release information surrounding ongoing investigations, nor does the FBI (which is on this case too, don't forget).

If Auburn was running some kind of pay-for-play scheme—and remember, this is still an if—there are two likely sources for evidence on it.

BINGOGATE

Currently, there is a large scandal going on in the state of Alabama surrounding a vote buying scheme on legalizing video bingo machines at casinos. Eleven people have been indicted, including casino owners (accused of financing bribes), lobbyists (accused of doing the bribing), and state legislators (accused of taking the bribes).

One of the casino owners is Milton McGregor, a big time Auburn booster. His phones were wiretapped for a considerable amount of time as the FBI built its case in the bingo investigation. Naturally, that has led to speculation that pay-for-play details were included on those tapes. McGregor's lawyer has said that's not the case, however, and has denied that his client has ever paid recruits.

One of the lobbyists, Jarrod Massey, struck a deal with the feds back in December to reduce his charges in exchange for testimony. Other defendants asked for transcripts of that testimony as a part of discovery for the case, but the government only supplied partially redacted transcripts. The rationale is that the redacted sections contain information unrelated to the current bingo indictments, and that they pertain to a separate, ongoing investigation that might be compromised by the release of the information to anyone.

Again, there is much speculation out there as to what that other investigation is. No one knows for sure what it covers except for the investigators and prosecutors, however. The government has agreed to hand over the full transcripts by January 31, so unless it asks for and is granted an extension, we'll probably know what the other investigation is by the end of the month based on further indictments and arrests. That other investigation could be a source of further clues in the Newton case. Operative words: could be.

The trial date for the Bingogate defendants who haven't struck deals is April 4.

COLLAPSE OF COLONIAL BANK

If you're familiar with Auburn's athletics programs at all, you've heard the name Bobby Lowder. He's a big time booster who's been on the university's board of trustees almost nonstop since the early '80s. He had a hand in Jetgate, Auburn's SACS probation, and the firing of Pat Dye after the pay-for-play scandal at Auburn in the early '90s.

Lowder's main source of power and influence in the state stemmed from him running Colonial Bancgroup, the parent company of Colonial Bank. Colonial was the largest bank failure of 2009, as the FDIC seized its assets when it failed to secure enough private funding to qualify for TARP money. The government has reaped a harvest of literally millions of documents from the bank's closing and a raid on one of its facilities shortly before the closing.

Those documents are the other prime spot for potential new evidence in the Newton case. If something financially fishy went on with Auburn recruiting, it's entirely possible that Lowder's Colonial Bank was a part of it. We already know that improper dealings were going on in Colonial because the government has indicted the CEO of a now-defunct mortgage company in Florida in a massive fraud case involving the bank. 

The catch is that it takes a long time for forensic accountants to wade through millions of documents. Plus, the primary goal of those accountants is likely to recover some of the $2 billion that the FDIC paid out in Colonial's closing. Other matters might be on the back burner for now.

SO WHAT NOW?

It's all watching and waiting at this point. Bingogate and the Colonial Bank investigation are only possible sources of new information on the Newton case, not guaranteed sources. And because the FBI is conducting those cases, the NCAA probably won't get any information until we do because the FBI couldn't give a rip about NCAA bylaws.

All of which is to say, this Newton case has the potential to hang over the sport for years as the NCAA waits for the outcome of these federal investigations. Because McGregor and especially Lowder are so tied into the university, it would make no sense for the NCAA to close the Newton case until after those federal cases are done. It had no issue with taking about four-and-a-half years on the Reggie Bush case, after all.

There are many more theories out there, but I'm not going to put them here. I don't consider any of them strong enough to post here yet. There is smoke out there if you wish to find it (see these posts from Roll Bama Roll, for instance), however, I'd rather err on the side of saying too little than too much. I don't want to mislead anyone here.

The information flow on the Newton case will probably continue to be slow, but until the NCAA pronounces it done, it's not over. For now, those January 31 and April 4 dates are the ones to watch. Beyond that, it's all a matter of what ESPN, the NYT, and Evans can find. We're in for a long wait with this one, I'm afraid.

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Just a hunch as a former reporter

but I don’t think guys like Thayer Evans just stumble into places like Thibodeaux or upon people like Cecil’s contractors, and find stories there. Somebody very close to the investigation is telling him where the bodies are.

SEC Pigskin Podcast with Barney Able and Dorsey Hill
http://www.secpigskinpodcast.com/

by aproposdenada on Jan 12, 2011 11:46 AM EST reply actions  

His source looks alot like this guy...

"If we score, we may win. If they never score, we'll never lose."
-Erk Russell

by DavetheDawg on Jan 12, 2011 12:17 PM EST up reply actions  

I’m not a reporter, so your experience far outweighs mine.

That said, I found copies of the building permits for Cecil’s church on my own via a simple Google search. I have a feeling that if I was a journalist, I might have called them up just to have a quick conversation about what they know and who’s been talking to them. That information might not have been fed.

On the Thibodeaux stuff though, you’re probably right. Auburn signs on average 28 players a year. It’d be more difficult to hone in on two recruits out of the ocean of signees like that. These certainly are interesting times.

Team Speed Kills -- SBNation's SEC Blog
If you're so inclined, follow me @Year2

by Year2 on Jan 12, 2011 1:29 PM EST up reply actions  

Purely speculation on my part, but here are some thoughts

1. If the NCAA thinks it’s onto something, then all the better to have Evans et al help them set the stage with the public. If people (including NCAA members) have been hearing for months or years unseemly things about Auburn, they won’t bat an eye when the Association drops the hammer on them. It won’t matter if half of what NYT/ESPN/Fox reports comes to nothing, a year from now, what people will remember is Auburn=dirty. Of course the onus is on the NCAA to come up with the goods.
2. If a reporter and an investigating entity are looking into the same thing and their interests don’t conflict, then info sharing is a natural outgrowth, i.e., “I can’t go on the record with you, but I’ll tell you what I’m hearing if you’ll reciprocate.”
3. The NCAA has taken a PR beating, especially under Emmert, and especially for being less than transparent. Wouldn’t hurt to throw a few bones to reporters, especially the investigative types.

SEC Pigskin Podcast with Barney Able and Dorsey Hill
http://www.secpigskinpodcast.com/

by aproposdenada on Jan 12, 2011 3:29 PM EST up reply actions  

Very well done.

"Bama Hawkeye, you know, the Iowa blogger who actually uses reason and analysis." - Patrick Vint

http://www.offtackleempire.com

by Bama Hawkeye on Jan 12, 2011 11:46 AM EST reply actions  

My 2 pennies

is this: Before Monday, Cam Newton had little incentive to help the NCAA and/or the FBI. Or at least, he had little incentive to help them very quickly, as any real implication of wrongdoing on his or his father’s part would disqualify him and possibly affect his draft prospects. Right now, however, the situation is reversed. Newton has zero incentive to preserve his college career and every incentive to keep him and his father out of jail.

With these things in mind, I conducted a thought experiment. What if Cam took money to play at Auburn and/or knew his father did? How would he act? I imagine he would slow down any investigation while he was still eligible to play college football. I don’t think he would lie or be delibrately uncooperative, but with attorneys and such, you can delay things quite a bit with just procedures. He would want to delay so he would not have to lie, and he would not have to tell the truth, either. Once his college playing days were over, he would fully cooperate with the NCAA/FBI, as he would have no more reason not to and every reason to do so.

WIth this thinking, I cannot say that Newton did anything wrong, but I think it’s easy to see that if he had done something wrong, this is exactly how he would act. I think if he did anything wrong, things will move quickly and we’ll hear something from the FBI/NCAA within a few months.

"It's not the size of the dog in the fight, it's the size of the fight in the dog." - Bear Bryant

by NJBammer on Jan 12, 2011 3:47 PM EST reply actions  

The NCAA already grilled Cam and his family back in November. Had he tried to delay things then, they’d have sat him down along the same lines of Dez Bryant’s suspension last year.

Team Speed Kills -- SBNation's SEC Blog
If you're so inclined, follow me @Year2

by Year2 on Jan 12, 2011 4:18 PM EST up reply actions  

Jail?

Why exactly would Cam or Cecil Newton be going to jail? For allegedly asking for money from MSU? It’s not illegal, it’s against NCAA regs. I’m pretty sure they don’t arrest and jail you for that. Even if money changed hands (and I love how everything has pointed to MSU all along but AU has clearly paid Newton according to anyone whose screen names includes Bammer) at best you could argue tax evasion and even then jail seems like a pretty big step given the circumstances.

Keep dreaming though. You’re right there with the UA fan on Finebaum last night who said the BCS championship this year wasn’t legit because Fairley should have been ejected for a face mask penalty. Seriously I want to beat you guys more than anyone else we play but take a second to think about what this year means. Not just 5 in a row for the SEC but back to back BCS championships and Heismans for the same (relatively) small state. I for one can step back and have grudging respect for your school and pride in that fact, while not looking for some loophole like Saban talking to a recruit on a high school campus and hoping to UA gets put on probation. I want to beat the best.

by rfox98 on Jan 12, 2011 10:27 PM EST reply actions  

Great Report.

Really good recap and update guys. Now we have something to keep us warm during the Off-season Wilderness. Keep it up.

by Just Outside of Barstow on Jan 13, 2011 4:56 AM EST reply actions  

Just a reminder that we have community standards here

And they’re here. Please keep it relatively clean.

Team Speed Kills. All SEC, all the time.

by cocknfire on Jan 13, 2011 11:06 AM EST reply actions  

How about the sniff test on all these "vast AU conspiracy" theories.

To summarize the theories, AU has run an elaborate pay-for-play scheme for the past 20+ years, through 4 coaches, several AD’s & university presidents, all orchestrated by a TARP fund stealing, baby punching Bobby Lowder. In fact, some even point to AU’s 1957 probation for boosters paying two players the inordinate sum of $500 as the start of the Illuminati-esque pay-for-play empire.
Of course, as a result, AU has scorched the football world, consistently bringing in #1 ranked recruiting classes and winning conference championships and national championships left and right.
Wait, that actually hasn’t happened. In 53 years they’ve won a whopping two NC’s, and a handful of SEC championships, way less than UF, Bama, LSU, UGA, & UT (all of which it is assumed are squeaky clean).
Someone needs to tell AU that they need to put as much effort into playing football as they do in their elaborate, decade spanning pay-for-play empire. Maybe then they’ll catch up with all those other squeaky clean programs.

by TexasAUtiger on Jan 13, 2011 11:42 AM EST reply actions   1 recs

This response is completely understandable.

However, it’s a bit of a straw man argument. I am sure there are places where the case for “an elaborate pay-for-play scheme for the past 20+ years” has been put forth, but it ain’t here. Your reasonable attack on what you see as an unlikely scenario does not render invalid the different scenario(s) supposed in the original post. Furthermore, given what we know about how Auburn’s show has been run, the fact that there have been four coaches, several ADs, and several university presidents over 20+ years is not as impressive an indicator of the difficulty of maintaining some kind of illegitmate scheme as it might be at other schools where boosters and trustees have not inspired challenges to institutional control and even accreditation.

Also, I understand how difficult it can be to overlook the half-dozen or more instances where Year2 went out of his way to emphasize words and phrases like speculation, if, could be, and possible.

by NCT on Jan 13, 2011 2:01 PM EST up reply actions  

Yeah, you're right. AU is the only school, especially in the South, with meddlesome boosters.

Always remember this distinction; when Troy Smith gets $500 from a booster, or other OSU players get “benefits” from boosters, or OU players, or Bama players, etc. it’s always “rogue boosters”, never “Ohio State paid Troy Smith $500”… but when a player’s father asks MSU for money, it’s definitely “Auburn paid him”.

by TexasAUtiger on Jan 13, 2011 2:39 PM EST up reply actions  

ok

Clearly you don’t need me. I’ll leave you and your imaginary opponent to argue between yourselves over hypotheses no one else raised.

by NCT on Jan 13, 2011 3:27 PM EST up reply actions   1 recs

Oh now, be nice. I'm not exactly sure what hypotheses you're claiming, but let's see.

The article “speculates” that the investigation into Colonial Bank COULD turn up something to impugn AU. Is that a hypothesis? It’s a been a while since I took Geometry. If so, I would just point out that the NCAA did a pretty thorough investigation of the whole AU pay-for-play thing back in ‘93, and though evidence was found linking Colonial Bank to improper loans to players, NOTHING was ever found linking Lowder. Seriously, give it the sniff test. The NCAA was there, they were looking for blood. You think Lowder was personally involved but covered his tracks so well that the NCAA couldn’t find something, anything to demand the university cut ties with him the way Bama had to cut ties with Young? And to take that a step further, the “hypothesis” is also that not only did Lowder dodge a bullet in ‘93, but that he was, what, emboldened by it and therefore kept doing it for another 17 years, totally under the NCAA’s radar? Keep in mind, the NCAA most definitely looked in to the matter after the Terry Bowden interview came out, and while they were investigating the basketball recruiting incident in 2004. So twice since ‘93 the NCAA has sniffed around and found nothing, but now, NOW they could totally find something. I guess we’re looking at the evidence in two different lights. I see multiple NCAA investigations that found nothing as proof that there’s nothing there, while the hypothesis is that it’s evidence that there most definitely is something there, but that AU is some criminal mastermind and is able to hide it from the NCAA. Or am I misrepresenting the hypothesis?

by TexasAUtiger on Jan 13, 2011 3:47 PM EST up reply actions  

That's an interesting way of looking at it.

Here’s a scenario: Your have a neighbor who is periodically paid visits by federal investigators. You’ve never seen him take the perp walk, but he does seem to go through these stretches of high-profile and then suddenly low-profile behavior. One year, he has a pair of 7-series BMWs in the driveway. The next year, after some guys in a Crown Vic pay a visit, there’s a pair of Hondas sitting there. Then the next year, their kid has an elaborate, catered birthday party, followed by a family trip over spring break to Bali. Another visit with some suits who arrive by Crown Vic, and the guy’s wife tells your wife they’re doing the “staycation” thing this year.

You seem to be saying there’s nothing to see here, since the guy never gets hauled away. Me, I don’t let my kids go over there.

The one constant on the Plains is Bobby Lowder (and a few of his cronies). I don’t know much about Lowder, other than the fact that the only other thing that involves him as much as Auburn athletics was seized by the Federal government.

SEC Pigskin Podcast with Barney Able and Dorsey Hill
http://www.secpigskinpodcast.com/

by aproposdenada on Jan 13, 2011 5:05 PM EST up reply actions   1 recs

I think a better analogy would be this.

After high school, you moved in with your high school sweetheart, we’ll call her Bama. She came from some money, so she already had a house on Legion Drive. Turns out, Bama was a controlling, obsessed freak. So you got the hell out of there and bought your own place on Jordan-Hare Drive. You found a nice new, stable girlfriend. However, Bama hasn’t gotten over you leaving her. To get back at you, she calls the cops and tells them your girlfriend is cooking meth in the basement. They bust in and investigate, but find nothing. A few months later, Bama calls DHR and reports that she saw your new girlfriend beating her kid. So they come out, and again find nothing. A few months later, Bama calls the Fish and Wildlife Management department and reports that your girlfriend is fishing over her limit. The EPA shows up to investigate illegal mercury dumping. ICE agents bust in speaking Spanish asking to see her papers. You get a nasty letter from the RIAA about illegally downloading the latest Lady Gaga…
In every instance, you’re innocent, but your nosy neighbors are convinced you must be up to no good since all these government agencies keep showing up to investigate you.

by TexasAUtiger on Jan 14, 2011 9:39 AM EST up reply actions  

Ah, yes, the "haters" defense.

Good luck with that one. Worked beautifully for USC.

If by “in every instance, you’re innocent” is analogous to leading the SEC in major NCAA infractions, then I suppose your comparison is apt.

SEC Pigskin Podcast with Barney Able and Dorsey Hill
http://www.secpigskinpodcast.com/

by aproposdenada on Jan 14, 2011 11:17 AM EST up reply actions  

If my response was the "haters defense", then you're accusations are

based on the “Auburn is crooked” meme. The funny part about that is that AU Football has not run afoul of the NCAA since 1993. They’re “checkered past” and SEC record number of NCAA infractions mostly took place before Reagan even took office. Why is it that AU’s NC from 1957 is irrelevant when discussing the status of AU’s football program, yet AU’s infractions are totally relevant and indicative that AU is a crooked program today, 17 years since their last NCAA infraction?

Here’s a link to AU’s infractions (internet grain of salt disclaimer):

http://antiauburn.tripod.com/violations.html

I count 5 football infractions dating back to 1957. Alabama has had FOUR in the past 15 years, but AU is the crooked program?

by TexasAUtiger on Jan 14, 2011 12:05 PM EST up reply actions   1 recs

Haters be hatin’, trolls be trollin’.

If we don't get our sauce, we ain't watching the game!

by Mike @ MHH on Jan 13, 2011 3:34 PM EST up reply actions  

"They can't take that away from us!"

It’s an interesting thing for an offensive lineman to be shouting after winning a national championship game. Definitely reveals state of mind. Perhaps Pugh simply thinks everyone’s out to get Auburn, so the mindset in this case would simply be excessively conspiratorial. Or perhaps he simply knows things we don’t – in which case the mindset would be fatalistic and defiant.

Either the FBI is going to drop a bomb or Bammers/Barners will be arguing over this, Dealey Plaza-style, for the next 100 years. Frankly, the second possibility would be much more entertaining.

by heelsgot6 on Jan 14, 2011 3:53 PM EST reply actions  

Based on what I’ve seen, Bama and Auburn fans will argue about this forever no matter what the final resolution is. They’ll always find a reason to.

And an aside to all our visitors: remember that I said there is no sure evidence that anything is going to come of all this. The point is that, even if it turns out that nothing is really there, the NCAA will still probably wait for the end of the above mentioned investigations before closing the book on the Newtons. It would be imprudent not to.

Team Speed Kills -- SBNation's SEC Blog
If you're so inclined, follow me @Year2

by Year2 on Jan 15, 2011 9:27 AM EST via mobile up reply actions  

Let's see:

Cecil Newton did NOT have the money to pay two contractors for minor repairs, so clearly, he WAS paid $200k for Cam’s signature? The only person that makes any sense to is Thayer Evans.

You do know that Thayer Evans was fired from the New York times for getting on a similar hate campaign against Texas football…His lies kept getting bigger with each failed attempt until the NYT finally fired him. Even FauxSports,com will fire him over this, as he gets crazier and crazier.

Even if (big if) Evans is telling the truth about NCAA investigators being in Georgia around Christmas, that would be a problem for Mississippi State to worry about, not Auburn.

In all of Cam Newton’s recruiting visits, only MSU booster Kenny Rogers brought up money. The FBI’s only interest in this case was to determine if Rogers, who was running from $11,000 in bad checks at the time, could be charged with extortion for trying to get the money from wealthy MSU boosters. Since no money changed hands, the FBI moved on.

So, hypothetically speaking: There MIGHT be an investigation pending against a large Columbia bank. One of the bank’s directors MIGHT be a USC grad. Therefore, USC is paying players? That’s the same reasoning as trying to link Auburn to investigations of gambling interests in Alabama. It’s only wishful thinking by a few of the less rational bamzos.

Coaches pretty much know what’s going on. If there was ANY threat of NCAA trouble at Auburn, Gus Malzahn would have taken the head coaching job at Vandy, which was offered to him. O-Line coach Jeff Grimes would have taken the same position at Texas, which was offered to him. There is no problem at Auburn.

At Mississippi State, however, where the money talks did actually happen, assistant coaches and previously committed recruits are bailing out as fast as they can find a place to hop. Maybe you should re-think the subject of your article, and a friendly tip would be not to list Thayer Evans as a source of information, it only weakens your case.

by MikelP on Jan 29, 2011 9:40 AM EST reply actions  

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