Sensitive Information Capped in NCAA Corruption/Bribery Case

As we recently covered, the NCAA corruption and bribery case continues to unfold and expand. As the government widens the scope of its search, it has simultaneously been trying to keep its findings under wraps. Although U.S. District Judges Lewis A. Kaplan and Edgardo Ramos both denied the government’s recent request for a gag order, they did acknowledge the need to protect some of the sensitive information obtained as the case progresses.

On March 6, 2018, the court issued a protective order, providing that going forward, sensitive and personal information such as names, telephone numbers, social security numbers, and financial information, among other data, would be deemed “Confidential Information.” Information bearing that description would be kept private and secure, yet still objectionable by any defendant. The “burden of justifying the continuation of that designation” will rest upon the government, should objections be asserted.

This order comes as a response to the stream of leaked information, most notably from Yahoo Sports’ reports of financial records, documents, and wiretaps, all alleged to be connected to NBA agent, Andy Miller and his associate, Christian Dawkins. The documents apparently contain a shocking level of specificity regarding Miller’s personal life and businesses, and the release has sparked serious concerns over the potential for that information, as well as any other latent or forthcoming information, to compromise the federal suit. The government and the NCAA had until March 12 to voice concerns over the proposed changes — their responses are not yet known.

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