Monday, January 19

Richard Bishop: Unfinished Business in the Sandusky Scandal

I received an email from alumnus Richard Bishop, who made some great points about what is left to be done.  Richard has given me permission to publish the emails salient points.  Thank you, Richard!

It is time to thank the great lawyering done by Matt Haverstick and his colleagues that was able to bring Emmert and his NCAA cronies to their knees and surrender - no matter what spinning they try to do to cover this all up and to try to take credit for the abomination they created in regard to the sanctions.

And as others have said there is more work to be done to find out exactly who did what to allow this to happen and to enshrine those responsible in the Hall of Shame - starting with Rod Erickson and Frazier and Surma and Peetz and the others who allowed Joe Paterno to be fired by a phone call in the middle of the night to say nothing of the lawyers - apparently still being paid by Penn State - who told Erickson that he could sign the Consent Agreement and had the authority to bind the University when anyone with a half a brain knows that was not true based on the Standing Orders, etc.

The list of things still to be done would include:

1.  Get the money back that the Big 10 stole from PSU in regard to conference revenues and bowl game revenues.  What were those people thinking?

2.  Put up the statue and name the field after JVP.

3.  Get rid of Emmert - hope he gets it by a middle of the night phone call!

4.  Have NCAA issue a real apology to Sue Paterno and her family for besmirching the name of a great man.

5.  Get back the $10 million plus paid to Louie Freeh for the worst investigation that could have been done under the circumstances and for doing it in conjunction with the NCAA and Big 10 so they could pounce on the findings they wanted to hammer PSU.

6.  Get rid of Mitchell as AIA - and ask him for a substantial contribution of the millions paid to him for little or nothing - so that it can be used to educate students at PSU and who are losing out when such huge sums are taken from the University and spent on something totally not needed.

7.  Remove all of the legacy trustees and develop new governance arrangements whereby the Trustees are responsible to someone other than the Governor who appoints them and so that the elected Trustees not only have a seat but a say in what goes on.

8.  Find the right people or class action to now sue the NCAA for forcing that Consent Decree on PSU when they knew it was beyond their powers so that they are forced to compensate all those who lost significant money by reason of their duplicity and in a way that PSU does not have to pay.

9.  Sue those Trustees who orchestrated the Consent Decree for breach of fiduciary duty and so that they have to pay for the losses foisted on PSU by their fecklessness and negligence.


  1. A personal apology from each and every BoTs member, past and present, who took part in this agresious event would be a step in the right direction.

  2. Nice list but some seem more likely than others.

    1. I don't see how Penn State gets money back from the Big Ten when they spent it on child abuse charities. The bowl money forfeiture seemed like damage from the NCAA Consent Decree contract fraud so the NCAA would be liable for that unless the Big Ten was in collusion with the NCAA.

    2. If Lubrano was smart, the statue coming back should have been a condition for Masser to get the 9 alumni votes for the settlement.

    3. The Paterno lawsuit should be the last straw for Emmert. Maybe combine with 4, NCAA fires Emmert and apologizes to the Paterno plaintiffs for his rogue behavior .

    4. An NCAA settlement in the Paterno lawsuit is the most likely way this will happen.

    5. Not sure that is possible. Destroying Freeh's reputation on the witness stand might be the best possible outcome. I'd love to see Freeh take the 5th Amendment on some questions.

    6. Why is Mitchell needed when all he does is charge millions to issue glowing reports that make it seem he isn't necessary? Seems like another breech of the Trustees' fiduciary duty, including by the 9 alumni trustees.

    7. Corman should have made board reform a condition for his support of the settlement.

    8. Maybe the only hope for that is if Governor Wolf appoints board members who will vote with the alumni trustees, and they vote to change sides in the Paterno lawsuit.

    9. While this sounds good it may be difficult. Apparently in PA you would need to show a conflict of interest or the trustee put personal interests ahead of Penn State's interests. Gross negligence or being defrauded by the NCAA probably wouldn't be sufficient grounds.

  3. I'd love to read about numbers 8, 9, and 5 (if 5 results from class action or other lawsuit).

    This whole thing has been played out in public as "The Law in Action". What an ironic crock. In actuality, it's been by the lawyers, for the lawyers, and to hell with moral, academic, community, AND fiduciary values. The entire thing has lawyers as key players up, down, and throughout it. Yet also, a blatant disregard for the law, and its processes, throughout as well.

    I think some serious legal precedents that take down some serious legal malfeasance are sorely needed. What a legacy THAT would be for Joe V Paterno!