NCAA Bribery Scandal UPDATE: Former Auburn Coach Moves to Dismiss Charges

On July 27, 2018, Chuck Connors Person, a former NBA player and former Auburn University assistant coach, asked the court, once again, to dismiss the government’s charges against him. According to Person’s memorandum, “the government filed a superseding indictment, which abandoned the original wire fraud conspiracy theory and presented an entirely different wire fraud charge against Person. However, the superseding indictment did not fix any of the problems of the original indictment and, according to Person, the government “failed to advance any persuasive arguments …

July 26, 2018 Concussions / Fraud / NFL

Update: Judge Denies Special Investigator in NFL Concussion Settlement

Recently, a judge denied the NFL’s Request to hire a special investigator in the billion-dollar concussion settlement case. According to Judge Anita B. Brody, “[t]he NFL Parties have provided sufficient evidence of possible fraud to warrant serious concern … however, the Claims Administrator and Special Masters have demonstrated that they are capable of ferreting out any claims involving misrepresentations, omissions, or concealment of material fact, and ensuring that those claims are not paid.”

As we have previously reported, counsel representing the NFL asked Judge …

June 8, 2018 Fraud / Litigation

Vikings Owners Granted Massive Reduction in Damages in RICO Suit

On June 1, 2018, a three-judge appellate panel in New Jersey reviewed a 26-year old racketeering case against Minnesota Vikings owners, Zygmunt, Mark, Leonard Wilf, and other defendants, determining that a nearly $103 million award must be reconsidered.

In its 90-page decision, the panel upheld Racketeer Influenced and Corrupt Organizations Act (RICO) claims, as well as some non-RICO claims, including fraud and breach of fiduciary duties. In doing so, however, it decided that the total award required reexamination because it improperly included RICO and non-RICO …

April 19, 2018 Fraud / NFL

NFL Seeks Special Investigator to Query Fraud in Billion Dollar Concussion Settlement

On April 13, 2018, the NFL filed a motion seeking the appointment of a special investigator to more closely examine potentially fraudulent concussion claims that may be “clogging the system” of the $1 billion settlement. Of the 2,000 plus claims submitted to date, about 46 percent indicate the presence of fraud, according to the motion. The NFL maintains that a new investigator will have the appropriate resources to uncover intentional fraud, which the current claims administrator does not have the capacity to do.

Specifically, the …

February 14, 2018 Fraud / NFL

Tampa Bay Buccaneers Move to Dismiss Expert in Negligence and Fraud Claims

On February 7, 2018, the Tampa Bay Buccaneers filed a motion to dismiss a lawsuit brought by former player, Lazarius Pep Levingston. Levingston sued the team and its Director of Football Operations, Mike Greenburg, for negligence and fraud, alleging that the team concealed the extent of Levingston’s injures in order to give Levingston a smaller settlement. In August 2013, Levingston suffered a neck injury in a pre-season football game. The team informed Levingston that he had a “cervical strain/sprain, thoracic sprain/contusion, and shoulder contusion.” He …

October 10, 2016 Fraud

Amateur Weightlifter/Santa Barbara Police Officer Sentenced for Workers’ Comp Fraud

Jacob Finnerty was recently sentenced to 120 days in jail, five years of probation, and more than $115,000 in restitution based on charges of workers’ compensation fraud.

Finnerty was a former offensive lineman in college and a competitive wrestler and weightlifter who subsequently became a Santa Barbara police officer. In 2013, he claimed a lower back injury arising out of his work duties when he was involved in a motor vehicle accident. Investigators, however, subsequently discovered that Finnerty was continuing to participate in wrestling and …

August 10, 2016 Fraud

Semi-Pro Football Player Pleads Guilty to Workers’ Compensation Fraud

Jason Fitch, a semi-professional football player for the Oklahoma City Bounty Hunters, recently pleaded guilty to two counts of workers’ compensation fraud.

Fitch, a lineman for the Bounty Hunters, alleged that he had injured his knee while kicking a heavy bag during training with the Oklahoma County Sheriff’s Office in May 2014. However, on further investigation of the claim and after none of the witnesses at the Sheriff’s office could corroborate Fitch’s story, the Attorney General’s office discovered that Fitch had given inconsistent histories of …

July 29, 2016 Fraud / MLB

Defrauding Chicago’s Legendary Team

The jury needed less than five hours to decide whether a rooftop owner defrauded the Chicago Cubs. On July 22, 2016, a jury convicted Marc Hamid of fraud and illegal bank structuring. Hamid had once been co-owner of Skybox on Sheffield, a rooftop that charges clients to drink, eat, and watch Chicago Cubs games from outside the field. Additionally, Hamid owned two ticket brokerage companies, JustGreatTickets.com and Just Great Seats. Following his indictment in March, Hamid was terminated and relieved of his duties and involvement …

July 26, 2016 Fraud / Litigation

Derek Jeter Unable to Dismiss Claims of Fraud

Derek Jeter’s bid for dismissal of fraud and fiduciary claims brought against him by high-end underwear maker RevolutionWear Inc. (RWI) last November was largely unsuccessful. On July 19, Vice Chancellor Sam Glasscock III of the Delaware Chancery Court retained four of the five counts against Jeter: acting in bad faith, fraudulently concealing his interests, fraudulently inducing company actions, and knowingly making false claims to investors.

The lawsuit spawned from Jeter’s promotion to RWI’s board of directors in 2011, giving him a 15 percent stake …

June 17, 2016 Fraud

NFL Hall-of-Farmer Ron Mix Pleads Guilty to Tax Fraud

On May 23, 2016, Ron Mix pleaded guilty in the state of Missouri to tax fraud committed while he was working as a workers’ compensation attorney.

Mix, an offensive lineman and former number one draft back for the AFL in 1960, is a former San Diego Charger who was elected to the AFL All-Star team nine consecutive times. After retiring from football, he then earned his law degree and more recently focused his practice on the area of assisting retired professional athletes in seeking claims …