POSTED: Friday January 22nd 2010
FOR IMMEDIATE RELEASE
Story/Feature Lead: Lawyer/Private Investigator Uses CSI Techniques in NCAA Investigations
Michael Buckner is a licensed attorney and private investigator specializing in sports and is available for interviews, radio, TV and speaking engagements
In September 2005, Alabama State University entered the third year of an internal investigation with no end in sight. The university lacked an experienced investigator and was confronted with analyzing tens of thousands of pages of documents, conducting academic fraud and eligibility audits for over 800 student-athletes files and locating witnesses (some of whom did not want to be found) across the country. The case involved so many serious allegations of academic fraud, extra benefits, ineligible student-athletes and lack of institutional control that the specter of an NCAA-imposed death penalty and other major sanctions was raised in media reports and blogs.
Alabama State turned to Michael L. Buckner, a Florida-based lawyer and private investigator, to navigate a conclusion to the case.
Buckner established a working relationship with the NCAA enforcement staff based on a detailed investigation plan. He worked closely with university officials to collect and organize pertinent athletics files and re-establish the chain of custody on relevant documents. Buckner accessed private investigator databases to locate missing witnesses, canvassed Los Angeles, California, neighborhoods looking for former student-athletes, conducted “cold call” interviews of pertinent witnesses in several states, located key documents in government agencies and audited academic files. Buckner also developed a strategic plan to address the institution’s future needs in the areas of institutional control, shared responsibility, monitoring and rules-compliance.
The NCAA Committee on Infractions adopted all of the institution’s self-imposed penalties, but issued a five-year probation. However, as a result of Buckner’s advocacy, Alabama State convinced the Infractions Appeals Committee to reduce the penalty to three years—the first for an NCAA member under a new stricter standard of review implemented in January 2008.
Michael L. Buckner, a licensed attorney and private investigator, represents a new breed of professionals who deal with the NCAA in enforcement cases. Most of Buckner’s competitors who represent universities in the infractions process are former NCAA investigators with little to no practical litigation experience. None possess a private investigator’s license.
Buckner’s experience in sport cases provides clients, such as Alabama State, a unique advantage in the NCAA enforcement arena. Buckner, who is admitted to practice before the United States Supreme Court, practiced commercial litigation for Holland & Knight LLP for seven years. During that period, Buckner started the firm’s college sports practice and handled several NCAA enforcement and student-athlete reinstatement cases. Buckner also spent significant time in federal and state courthouses, representing corporations in trials, hearings and appeals.
In 2003, Buckner left Holland & Knight to start a collegiate sports practice (with his consulting firm, Collegiate Proactive Solutions) and obtained a private investigator’s license. Buckner launched a law firm, the Michael L. Buckner Law Firm, in 2008 to expand his practice into other legal areas. His goal was to provide NCAA members with personalized service.
Buckner also worked for the NCAA as an independent consultant in 2006-07. In that role, Buckner conducted on-site investigative audits of alleged diploma mills in the United States and Puerto Rico.
Buckner is the author of two books, Athletics Investigation Handbook: A Guide for Institutions and Involved Parties During the NCAA Enforcement Process and The ABCs of Ethics: A Resource for Leaders, Managers, and Professionals.
Buckner’s role in NCAA enforcement investigations is an advocate for universities alleged of rules infractions. Buckner also serves as the school’s primary investigator. Buckner’s firm offers clients a cocoon of confidentiality as he guides universities through the NCAA’s complex enforcement process.
The NCAA regulates major intercollegiate athletics in the United States. College sports have become big business. According to the NCAA website, in 2003, a university made $87.8 million from athletics, which was the largest in the Football Bowl Sub-division, while the average revenue for FBS schools was a significant $29.4 million.
An NCAA enforcement case can impact this revenue stream. Northern Kentucky University faculty members Stephanie Hughes and Matthew Shank published a 2008 journal article on the impact of NCAA investigations on university functions. The article indicated NCAA sanctions decrease alumni donations to the entire university by $1.6 million (USD) per year. The piece also noted NCAA probation sanctions on a basketball team results in a reduction of alumni contributions by an average of 13.6% (or $487 (USD)) per student. Finally, the professors’ research revealed after the scandal year universities experienced a 75% decrease in overall charitable contributions and a 60% decrease in corporate athletic charitable contributions.
“Collegiate athletics is big business,” Buckner noted. “When faced with a possible decrease in revenue, a university president and athletics director will turn to experience and skill when confronted with major allegations of NCAA rules-violations.”
Universities are faced with addressing allegations of NCAA rules-violations while dealing with combative coaches’ defense counsel and novel legal issues. Most importantly, schools are under pressure to solve the puzzles inherent in an NCAA enforcement case in an effective and efficient manner. The new breed of investigators, who can blend legal approaches with private investigative techniques, use a holistic approach to NCAA cases.
“The current crop of high-profile cases poses significant hurdles for universities.” Buckner observed.
According to Buckner, “Witnesses and persons involved in the allegations are becoming more sophisticated about their rights and hire attorneys to protect them. Universities cannot investigate these cases using the techniques and strategies of the last 30 years. The best outcomes come from applying strategies and techniques from complex litigation cases, corporate investigations and private investigation matters to the NCAA enforcement process.”
Buckner uses this novel approach to solve cases. Buckner carries a private investigator badge with him to identify himself to witnesses and sometimes brings to campuses an evidence kit stocked with evidence bags and fingerprint dusting equipment. Buckner used the kit to collect handwriting samples in a recent investigation. He also retains experts in various fields to conduct forensic tests on evidence.
“My goal is to uses creative and novel techniques to collect the missing piece in a case,” Buckner explained. “I attempt to find the crucial nugget that sheds light on the allegation and help my client find justice and fairness in the NCAA enforcement process.”
Buckner believes universities will increasingly rely on sophisticated investigative services to solve NCAA enforcement problems.
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Keywords · Michael Buckner Law · NCAA · Alabama State University
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