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Speaker 1: ESPN the ban app for free.

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Speaker 2: Today you're listening to Cougar Sports on ko v O

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probo k U d d HDQ one O three nine

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at ninety eight three ESPN The ban alras each time

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to check in with Preston and Garren. Handy of Handy

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and Handy for sports court. Handy and Handy are your

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accident and personal injury attorneys ready to assist with any

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related questions You may have visit them online at Handy

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Law Utah dot com. Big firm Experience, Small firm Attention.

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Speaker 3: Welcome back Cougar Sports one O three nine, ninety eight

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point three ESPN The Fan. I've been brittle broadcasting from

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my Vanderwall Studios Vanderwealth dot com. If you are in

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need of financial a financial vision. Without a financial vision,

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the people perish. Why not get on a free Q

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and a O obligation some to advest Q and A

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with our tax more wealth advisors today, betterwealth, betterwealth dot com.

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They've been aiding and supporting the BO student athletes for

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a long time. They want to support you as well.

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The stop a little sport court love my sports court segments.

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Getting the latest on what's going on in the sports

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and law world. It's time to play a little judge

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and jury. What's the latest, what's the verdict on the

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biggest headlines in sports and law?

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Speaker 1: Sports Court. Each week we're breaking.

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Speaker 3: Down real life legal drama, ladies and gentlemen, intersecting with

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your favorite athletes, teams, and leagues. From contract disputes and

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aoka O sideline scandals and corporate courtroom battles. Let's dive

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deep with Utah's most trusted injury attorneys. We got Garrett

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and Preston Handy on the line. Gentlemen, how you guys

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doing today?

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Speaker 4: Hey, Ben doing well? How are you doing?

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Speaker 3: I'm doing fantastic, Just talking all manner of Cougar Sports Commentary.

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Now we get into the real stuff, the sports and

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lost stuff, stuff that is hard hitting and it's just

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very intriguing, right, all the things that are happening in

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the sports and law world.

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Speaker 1: So let's get into it.

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Speaker 3: Guys, what's the leaders in the sports court?

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Speaker 1: What do we want to start with.

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Speaker 4: Well, let's start with a bad actor, a guy named

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Darryl Cohen. This is a National Advisor portfolio manager with

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Morgan Stanley who was working with a few NBA players

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three of them, specifically here, and he was defrauding them

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of money. He had a bunch of schemes going. The

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first scheme he had going was that he was selling

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them life insurance policies. Apparently he had an outfit that

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was buying life insurance policies at probably regular prices, regular premiums,

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and then he was selling them to these NBA players.

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Probably had access to their money at sometimes a markup

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of three hundred percent, which is crazy. This is an

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example of professional athletes not watching their money. I think

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another thing he was doing, and it was found that

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another thing he was doing I'll get to that he

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was taking money from their accounts. He had access to

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their accounts. He took around five hundred thousand dollars and

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allegedly put it into nonprofit charities, one called Beast Basketball.

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Well it wasn't really going into this nonprofit charity. Then

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the other thing he was doing is he was robbing

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Peter to pay Paul. He was working with a sports

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agency group and using these NBA players' money to pay

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off some debts that they had to a Major League

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Baseball player. So they're just moving their money around, and

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evidence came out that they were using it. He was

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using it for personal use, to pay off major debts

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on a credit card, to do a lot of home improvements,

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and to recreate with his girlfriend. Well, the US Attorney

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of New York didn't like that and they prosecuted him,

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and that recently here went to trial, which is always

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surprising that these things make it to trial. Apparently he

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felt he had a pretty good defense, but it was

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a five week trial. He was ultimately found guilty of

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wire fraud, which carries a potential sense of up to

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twenty years. So this isn't the first time that someone's

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going to take advantage of professional athletes in their money

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and defraud them.

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Speaker 1: Crazy.

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Speaker 3: I mean, look like, you know, there's always bad players

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out there, and you know, these financial advisors they can

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get pretty uh, you know, you can toe the line

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a little bit with some of these things, defrauding MBAs

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that maybe are I mean they're trusting right, there may

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be a network, et cetera. So I mean, this was

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going on for how long? How long was this occurring for?

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Speaker 4: Oh, for years? And they caught wind of it and

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it was it was five million dollars, which is a lot,

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a lot of money. But you know, Fortunately it wasn't there.

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You know, it wasn't all of their networks. I remember

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as a kid, first time I remember it was Kareem

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Abdul Jabbar who trusted his agent, and his agent pretty

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much pretty much buried him bankrupt kid to him and that,

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you know, and you've heard of it over the years

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that these athletes trusting athletes. They get hooked up with

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someone that they feel like is going to manage their

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money and probably grow their money, and they trust them,

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and you know, what are they doing. They're working on

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playing their sport and living the good life, have access

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to a lot of money, and probably not minding things

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like they should.

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Speaker 3: Crazy times, guys, what's the current social media trial and

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potential connection to sports betting trends? Look, I tell everyone, like,

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there's so much going on in the sports betting world

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right now that is probably not a good thing. What's

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going on in this particular case.

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Speaker 5: Yeah, you're exactly right. There's a lot going on in

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sports betting that's not a good thing. And so what

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we're going to talk about here is sort of another

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case that may have some implications or set some present

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for potential litigation against these sports betting sites. But so

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what's going on is in LA right now, there's a

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big trial going on. It's been going on for several

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several weeks against a lot of the big social media companies,

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including Meta and YouTube. I think this plaintiff has already

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settled with like Snapchat and maybe talk. But what the

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allegation is, I mean, really simply is this plaintiff, I

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think she's in maybe twenty one years old, is saying

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that these products are harmful and addictive, right, and that

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they've harmed her. And so again this is this is

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kind of some groundbreaking litigation, but it's taking a page

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out of the book of the big big tobacco litigation, right,

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where for a long time nobody thought cigarettes were harmful,

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but then here come these lawsuits, right that find out

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that there is a very addictive, harmful thing and the

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companies knew it and they've been hiding it. So same

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situation here. So anyway, the correlation is that sports betting

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sites are you know, you could argue, equally addictive, right

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and causing a lot of problems with how they lure

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you in and make it so easy. Right, that's what

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they want you to do. They want you to jump

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on and and make you place your bets and ultimately

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lose your money. And so these these this could be

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a blueprint, right, this social media case for litigation against

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the sports betting companies. I don't think they're going to

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be immune from it and probably will face those sorts

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of lawsuits in the future.

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Speaker 2: Man.

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Speaker 3: Yeah, you hope that the truth of some of these

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you know sites, You know that the social media platforms,

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you know, there's enough qualitative and quantitative data now that

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there's going to be safeguards to be put in place,

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because otherwise, you know, lawyer's got to step in and

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start suing people, right, Yeah, there you go, yep, and

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that's what happens. I was having actually this discussion today.

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You know, it's a it's kind of an intriguing thing.

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Speaker 4: You know.

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Speaker 3: I'm in the orthopedic and sports medicine space on the

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daily and then obviously in the sports media space in

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the evenings, right, and we were talking about insurance companies

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and I'm like, the only entities, the only people that

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keep insurance companies in.

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Speaker 1: Check are the lawyers. And lawyers get a bad rap.

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Speaker 3: It's the insurance companies that need the bad rap.

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Speaker 2: Guys.

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Speaker 4: That's right.

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Speaker 5: We're battling against them every single day.

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Speaker 1: The checks and balances man.

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Speaker 3: Otherwise, there's like days keep on elevating premiums are like

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crazy and then denying claims left and right.

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Speaker 5: It's crazy, you got it.

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Speaker 1: It's crazy.

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Speaker 3: If so, I had that discussion with our team, and

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so I had to give them a little bit of truth,

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a truth, bob. So you're doing you're doing the Lord's work, gentlemen. Anyway,

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let's get into this here. Nevada judge is ripping NCAA

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eligibility rule and grants the outfield and outfielder's sixth season.

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Speaker 1: What do you got here?

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Speaker 4: Well, yeah, this is part of the ongoing saga as

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the eligibility world turns. This is another case where a

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college athlete. This one is Noah Blythe an outfielder at

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University of Nevada. He is seeking a six year of eligibility.

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He went to the NCAA and said, I want to

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play a sixth year. NCAA said, nope, you're done. You

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get five years to play four. And his story is

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he played a Division one school for Waife Pacific during

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the COVID year. He got a COVID waiver. Then he

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played three years at the Powerhouse Antelope Valley which is

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Naia School, and then he returned to Waye Pacific to

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play another year. Now he wants a six year at

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University of Pacific. Well as what happens as they follow

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the playbook of the patriots sate of eligibility mister Diego Pavia,

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he sued the NCAAA in the first thing he did

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is he filed for a preliminary injunction. And the standard

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for a preliminary injunction essentially is, hey, court, if you

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don't grant this and you don't enjoy the NCAA from

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enforcing their eligibility rule while we fight about the real issue,

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I lose out this, it'll be a reparable harm. The

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court also looks at would he prevail on the merits

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if this thing went down. Well, the judge here she

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granted his preliminary injunction, and she's probably the most vocal

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and probably went after the NCAA more than about anyone.

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She totally bought into the anti trust argument that force

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enforcing eligibility rules on these players violates anti trust and

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anti competitiveness. She came out and said this causes commercial

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harm by denying otherwise qualified athletes access to financial, academic,

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professional benefits of employment at a D one institution. She noted,

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you know, this is this type compensation is not available

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elsewhere to these players. Only just a small small percentage

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of them get to go on to play professional sports.

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She didn't buy into the argument that the NCAA says, hey,

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you play your eligibility, you move on, and then there's

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players there's freshman incoming taking that eligibility and if you

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stay here and keep that spot, you take it away

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from them. And she shut down the argument that said,

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you know, they argued, well, you know a normal path

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for a student in college is four or five years. Well,

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and these players are playing six seven years. That doesn't follow.

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So she shot it all down and granted him his

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extra year. And the crazy thing about it is, these

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judges are across the board. There's no predictability. We've seen

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several athletes not granted their preliminary injunction requests, and then

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we've seen several like Diego Pavia who got his preliminary

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in junction and really played an extra two years while

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he was just sitting there and then he's done. And

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then say, well, let's go find about this in court,

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and that's a moot point. So we need some predictability

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on this. There's a lot of eligibility fights going on

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out there that you know, they're winning and some they're losing,

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and you know, the NCAA seems to be kind of

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digging in on this eligibility thing, which I personally think

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is a good thing. You know, I think there are

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extenuating circumstances, but we need some predictability.

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Speaker 1: Well, it was interesting.

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Speaker 3: I don't know it's not on our list of topics today,

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but Trinida Chamblis is being challenged right now by the

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NC double A. Right, they're fighting back. I mean there

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was a ruling in Mississippi. I think we had discussed

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it in a prior segment with Trinidad Chamblass. But the

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NC double A is coming back and they're fighting and

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trying to strike down. Or maybe there's a judge there

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in Mississippi that's a Mississippi fan, not an old miss fan,

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that's trying to strike this thing down and maybe support

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the NC double I don't know all the details on it,

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but these eligibility issues continue to pop up. I'm sure

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this is going to be consistent for the next few years.

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Speaker 5: Yeah. Absolutely.

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Speaker 3: Let's get into a little legal analysis of the Sharon

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Moore hearing. He's scoring maybe a win, may have had

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rights violated.

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Speaker 1: Give us the latest on Sharon Moore.

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Speaker 4: Well, we're talking about this Ben because it's noted around

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the state that football college football in the state of

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Utah is atoning for the sins and actions of one

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mister Sharon Moore. As we know, he was the head

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coach at the University of Michigan. It came out that

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he was having a inappropriate no no relationship with a staffer.

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Following that, he was arrested for felling, home invasions, stocking,

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illegal entry, and as we know, he was let go

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from his job at Michigan, and had he stayed in

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a job at Michigan, one mister J. Hill would still

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be the defensive coordinator at BYU. Right. Well, he was

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arrested and so his attorney motion for a hearing, and

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the basics was that they said they wanted the charges dismissed,

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claiming that his due process rights had been violated. Specifically,

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they pointed to the fact that the magistrate issued a

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warrant based on false and misleading statements presented as facts.

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The judge said that there was a glaring omission that

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Moore's previous relationship with a woman was not disclosed by

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the police detective when the magistrate authorized the warrant for

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the rest, and that defendants due process may have been violated.

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So he granted a hearing. This is a win for

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shron Moore. He granted a hearing. I heard it was

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March second, but I haven't heard what the results of

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the hearing are. Whether you know, hey, the police law

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enforcement have to comply with due as things, and if

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they don't, sometimes, and I'm not saying Sharon Moore in

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the s capes, sometimes guilty people get off simply because

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the due due process steps were not followed. So we'll

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see what the judge says about it.

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Speaker 1: Yeah, you bring up a really funny point. And I

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had this debate with others.

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Speaker 3: I know it's just like a side point, but like

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you know, who do who did cougarnation? Blame more for

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for everything that and no pun intended. Blame more with

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everything that occurred with the the domino effect.

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Speaker 1: Were they more.

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Speaker 3: Angry at Kyle Whittingham? Were they more angry at like

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uh the the athletic director of the University of Utah

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with a more mad at sharmonn More because they lost

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some really good coaches in the in the process.

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Speaker 4: Well, the truth is in every the More let go. Simultaneously,

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there's the Whittingham stepping down. We'll call it no one,

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no one, No one saw that Michigan job coming Kyle's way.

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No one did you know? And you had Sharon More

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not been let go, he'd still be the head coach

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of Michigan and he was. He If he were still

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the head coach of Michigan, Kyle Woodenham would not be

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in that position, and Kyle wood Whittingham would not have

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taken many coaches and players from the state of Utah.

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Speaker 1: Yeah, crazy times. Thank you, Sharon, Yeah, thank you so much, guys.

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Speaker 3: Any other updates on we didn't prep for this, any

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updates on the Parker Kingston case from the last time

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we chatted anything there.

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Speaker 5: I haven't heard anything. I don't know about you, guys,

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but yeah, I.

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Speaker 3: Know the hearing or maybe like the next meeting hearing

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was moved up in. Yeah, so March twenty fifth is

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the latest on that. So we'll keep an eye on

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that as well. Going back to the l dubility conversation, right,

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it's like, I mean, look, you're seeing it in baseball,

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You've seen it in basketball, you've seen it in football.

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You're like, we have g leaguers trying to make their

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way back to teams, and there's judges and rulings and

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all these different states we're seeing. I don't know if

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you guys saw this recently too. There are certain states

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that will not tax. They've decided not to tax nil income.

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I thought that was pretty insane. So they're trying to

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create a competitive advantage via tax lot least state tax law.

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I mean, I don't think they can circumvent federal tax law,

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but state tax law for their nil earnings.

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Speaker 1: What's your reaction to.

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Speaker 5: That, Well, yeah, I mean it's everybody's competing, right, competing

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for resources, and those resources are the top players in

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the country, and so there's different ways to lure them in, right,

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And if a school is having a hard time raising funds,

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which again it's just an arms maybe states can step

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in and with these schools where you know, again they've

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got a vested interest in that. These are a lot

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of them public state institutions. So maybe they offer a

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tax break. It's maybe a little no different than luring

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in a you know, a big company to your state

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and offering them some incentives to come. So I think

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it's creative. I guess that's my initial reaction. But it's

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just it's just more of the same, right money, it's

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a big business.

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Speaker 1: Big business.

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Speaker 3: Indeed, gentlemen, be let's talk a little bit about what

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you guys do best. Okay, your business is representing those

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that have been injured. Why should our listeners call you

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if they've been in an accent if they've been injured.

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Speaker 5: Well, what we're gonna do is is really make sure

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we understand your case from from top to bottom and

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be an adscate for you. We help people who've been injured.

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We take them all the way through the process. Sometimes

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that results and you know, we get our clients really

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good results in settlements out of court, and sometimes we've

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got to file lawsuits and take it down that direction.

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So we're here ready to do what we what we

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have to do and want to do to get people

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compensated and help them out. So I'd love to hear

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from anybody out there with you know, their legal concerns,

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especially in the area of personal injury. You can reach

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us at eight zero one two sixty four sixty six

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seven seven, or go to our website at Handylawutah dot com.

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Speaker 1: Eight ah one two six four sixty six seven seven.

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Speaker 3: That's eight to one two six four sixty six seven

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seven handy law Utah dot com. Gentlemen, we so let you.

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We appreciate you. Always love learning from you. Guys in

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a sports court segment.

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Speaker 4: I appreciate it.

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Speaker 5: Thank you, Thank you, Ben all.

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Speaker 1: Right, thank you, gentlemen.

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Speaker 3: We'll call that a segment brought to you by Handylawutah

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dot com. Handylawutah dot com is the place you go

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when you've been in an accident. Call them big firm experience,

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small firm attention. They will take care of you. We'll

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take a brief time out. We'll get to know the

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foe on the flip side. With Nathan Geese, Ladies and gentlemen,

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he's going to discuss the Texas Tech Red Raiders.

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Speaker 1: He's a b writer for the Lubbock Avalanche Journal.

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Speaker 3: What weaknesses, what strengths do they bring into provo as

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the BAU men's basketball team tries to find a way

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to knock off a top ten team and put a

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hopefully a nice ending to a solid and I'd say

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a good