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Haith files court petition related to suspected breach of bank records

Updated: 2013-05-06T20:38:47Z

By TEREZ A. PAYLOR

The Kansas City Star

— Missouri coach Frank Haith filed a court petition Monday as part of an ongoing effort to determine whether Bank of America shared detailed records from his personal business account during the NCAA’s two-year investigation of the University of Miami.

The petition, which was filed by Pompano Beach, Fla.-based attorney Michael Buckner, states that Haith first learned of the possible breach last October, when the NCAA, as part of its Miami investigation, requested he send microfiche copies of three checks totaling $9,600.

“The bank employee that my clients talked to indicated that those microfiche copies had already been previously viewed or ordered,” Buckner said.

The petition states that Haith and wife, who spoke to the employee, did not previously view or order the copies, nor did they authorize anybody to have access to the account, and that Haith “subsequently learned its checking account had been flagged by Bank of America as a result of the illicit access.”

The bank subsequently ordered an investigation of the account to obtain information about the breach, and the petition states that in November, Haith was “informed by Bank of America employees that when the bank identified the person that breached the checking account, the bank would not contact” he or his wife “in an attempt to protect the bank.”

Buckner says a judge will review the petition and determine whether a hearing needs to be held. If so, the judge will then decide whether to grant the petition, which would then allow Haith’s lawyer to subpoena the bank and depose employees who may have had access to the account during that time frame. For now, the filing of the petition also prohibits Bank of America from destroying any important evidence.

Buckner is adamant that they have no indication the NCAA is involved. But an affidavit submitted by Haith’s wife, Pamela, states that she and her husband first “became suspicious” on Sept. 5, 2012, when the NCAA’s enforcement staff demonstrated knowledge of specific information related to the three checks that Haith and his wife “could not locate from the bank statements and check images in our possession.”

Those suspicions were furthered in October, when they “were advised by the NCAA enforcement staff that a ‘source’ had informed the staff that a microfiche copy of the checks was available.” The NCAA declined to reveal the source of that information.

“We don’t have any indication at this point that the NCAA is involved, I just want to make that clear,” Buckner said. “However, I will say that if anyone — including people at the bank or outside the bank — were involved, we will sue them.”

The petition is the latest NCAA-related development for Haith, one of four former Miami coaches who recently had their motions to get NCAA misconduct charges in the case thrown out.

Haith, who received a notice of allegations from the NCAA in February, is expected to send a written defense to the NCAA’s Committee on Infractions this month. He will then have the opportunity to defend himself against his “failure to monitor” charge in front of the infractions committee on June 14-16 at the NCAA’s headquarters in Indianapolis.

To reach Terez A. Paylor, call 816-234-4489 or send email to tpaylor@kcstar.com. Follow him at twitter.com/TerezPaylor.

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