Van Plumb is the man. He isn't ******* around. After this Enyi won't need the NFL because the State of Iowa is going to be paying him for a long time.
ISU Gambling Megathread
- Thread starter Cyclonemaniac
- Start date
Van Plumb is the man. He isn't ******* around. After this Enyi won't need the NFL because the State of Iowa is going to be paying him for a long time.
Didn't they only target athletic facilities?
That's my understanding. But are you really going to tell me that nobody was gambling at UNI or Drake? Or that the only people gambling at ISU were starters? The whole thing smells fishy.
The people making the charging decisions (and apparently missing deadlines) are elected. So there's your start.
Can someone explain what Hanika can possibly win out of the attorney's actions, other than a big bill from the attorney?
Two years of ST only, returning 2 kicks and making one tackle. Last when all of the other TEs were injured, he caught 17 passes for 244 yards in 12 games. Didn't appear to be a stellar blocker in the games I watched. Nothing guaranteed for this year, with lots of healthy TEs he might not have even played STs, time isn't guaranteed.
Nothing screams that Hanika is being denied an NFL career. So what exactly are his damages? Other than an attorney's bill?
Going to claim unfair treatment because the DCI didn't investigate every gambler in Iowa? Whatever the DCI may or may not have messed up procedurally, everybody or nobody isn't a legal basis for escaping. To use the speeding analogy, think you can get out of a ticket because others are speeding and some were going faster than you? Good luck with that.
Even if the attorney causes the NCAA to decide "never mind", which seems unlikely, does ISU or any other team want him?
Gambling on ISU/collegiate hardly matters at point with Eny. NFL and the Broncos are his concern, this attorney have a winning strategy for that? I'm interested in hearing it.
Two years of ST only, returning 2 kicks and making one tackle. Last when all of the other TEs were injured, he caught 17 passes for 244 yards in 12 games. Didn't appear to be a stellar blocker in the games I watched. Nothing guaranteed for this year, with lots of healthy TEs he might not have even played STs, time isn't guaranteed.
Nothing screams that Hanika is being denied an NFL career. So what exactly are his damages? Other than an attorney's bill?
Going to claim unfair treatment because the DCI didn't investigate every gambler in Iowa? Whatever the DCI may or may not have messed up procedurally, everybody or nobody isn't a legal basis for escaping. To use the speeding analogy, think you can get out of a ticket because others are speeding and some were going faster than you? Good luck with that.
Even if the attorney causes the NCAA to decide "never mind", which seems unlikely, does ISU or any other team want him?
Gambling on ISU/collegiate hardly matters at point with Eny. NFL and the Broncos are his concern, this attorney have a winning strategy for that? I'm interested in hearing it.
So this started last August. Interesting.
Edit: DCI was given access to GEOComply software August 2022 under Iowa Code that relates solely to licencee's, or their employee's, not gamblers. Certainly seems they overstepped their purview.
Both are going to get big paydays from the State of Iowa because DCI overstepped and didn't even follow their own legal procedures when overstepping.
This will have NO EFFECT on the NCAA part, but both had their rights violated by an overzealous DCI.
You're right, because he wasn't going to be a successful athlete he deserved to have his rights violated and should just drop it. Because that's the question. Not how much damages he incurred.
It's not like pulling someone over for speeding, as that occurs on pubic streets. It would be like if Tesla had a digital record of your speeds in a database, and a cop was able to access that and found all the times you went over 70 and wrote a ticket for that. That data isnt public. How did he have access to that data? Why did he select you and not other people?
I believe if there is blatant enough disregard for the law/infringement on constitutional rights the Court can allow for punitive damages.
Van Plumb is bringing out the flamethrower. Hopefully this never happens, but if I ever get into some legal issues, he might be a good one to contact.
It appears Van Plumb has had some interesting disciplinary hearings concerning his use of private information. Probably knows his way around from personal experience.
I'm not into internet debates, more into being educated or vise versa, probably won't post further on this topic.
Anyone who is involved in legal processes should know that the first thing an attorney will look for is whether proper procedures were followed. Proper notice, timely filing, cite proper code section, etc. If there's a flaw, the case may be knocked out right there, very much easier than evidenciary arguments. Depending on the flaw, any evidence discovered in the investigation/charges affected the flaw may also be quelched. That happens, clerical error, LEO error, prosecutor error.
Happened with the late filing, which by the way is on the prosecutor, not DCI. But, it didn't seem like anyone was too serious about that charge anyway, got pled away with at least some of the others. DCI's job is to investigate, haven't seen anything to indicate that they didn't have grounds to investigate, but IF they didn't, it would be the prosecutor's job to then shut the whole thing down without any charges being filed.
I'll be surprised if they can with significant civil rights damages out of a procedural error IN THIS CASE, from the record known thus far.
If the attorney is working on a contingency basis, he must have an angle, I'll be interested to learn what it is.
Otherwise, as you say, the NCAA stands separately. Will Hanika avoid a loss of eligibility? He's currently a RS SR, hard to see what would be gained.
IF he didn't gamble at all, is a completely innocent victim, then I'm very, very empathetic. I certainly don't know him, if he's a really nice guy, I'm also sorry in that regard. But again, based on what is known, and perhaps I've missed some important details, I'm having a hard time seeing him as a victim.
What I was trying to point out, is that to collect damages you have to show that damages were suffered. His athletic career doesn't suggest that loss of future wages etal would be a viable basis. Loss of scholarship, that very possibly would but he's still on the roster, hence presumably on scholarship.
Re your Testa example, you're correct, LEO wouldnt have the right to its records for the mere purpose of writing a speeding ticket when you hadn't been observed to be speeding. But, if you were involved in a fatal accident and speed appeared to have been a factor, they probably could subpoena those records to see if you had in fact caused the accident because of speed. I say "probably" because I think I've read of that being done, but certainly don't claim to be an expert
I see ‘probably’ lasted a whole eight minutes….
Regarding the bold you obviously haven't been paying attention to the latest updates. Long story short DCI ****** up. Per Van Plumb 1) DCI obtained information that required a subpoena before a subpoena was obtained and targeted athletes with the illegally obtained information, 2) per Iowa Code the gambling entity (Draftkings, etc.) is supposed to initiate investigations into inproprieties and report it to DCI, in this case DCI initiated an investigation and didn't notify the gambling entities within the required timeframe, 3) per Iowa Code there is no law that makes it a criminal offense for an athlete to gamble.
I'm not saying the prosecutors are innocent in this mess because they rushed in with charges and they should be held accountable too.
If you want to get up to speed, see the various filings by Van Plumb posted on Keith Murphy's twitter. Those filings will answer most of your questions.
I should have looked further before I made that statement. I might hold off on considering him for legal counsel.
I absolutely want my lawyer to have the if you ain’t cheatin’ you ain’t tryin’ mantra. Worst case you have a mistrial.
Iowa Online court Search has resistance to Van Plumb’s motion for dismissal and bill of particulars and that there is a hearing set for October 20 on Plumb’s motion to compel. Has any media put out what the state’s resistance says? I would be interested in that since it would give a little of the arguments the state has. Also, hopefully, the media covers the hearing on Plumb’s motions.
You can’t get punitive damages if you sue the state, only actual damages.
