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Federal judge tosses Frank Haith petition over acquisition of bank records

BKC-UM-MISSOURI

Missouri head coach Frank Haith reacts to a play against Mississippi during an NCAA college basketball game at the C.M. “Tad” Smith Coliseum on Saturday, Jan. 12, 2013. (AP Photo/Oxford Eagle, Bruce Newman)

AP

On Monday the attorney of Missouri head coach Frank Haith filed a petition in court to subpoena the Bank of America, alleging that the bank allowed for illegal access to his bank records during the NCAA’s investigation of possible rules violations at the University of Miami.

According to Tim Reynolds of the Associated Press, the NCAA wanted to know if Haith issued checks to assistant coaches who in turn reimbursed rogue booster Nevin Shapiro for the $10,000 he allegedly paid former Miami basketball player DeQuan Jones.

Friday morning U.S. District Judge Robin Rosenbaum denied the petition, stating that there is “no basis for holding a hearing exists” and ordered the matter closed.

Haith was head coach at Miami fron 2004 to 2011.

According to Monday’s report by Dennis Dodd of CBSSports.com the issue brought up by Haith’s representation was in regards to the acquisition of microfiched copies of canceled checks. While Haith voluntarily handed over bank records, copies of the checks were not given to NCAA investigators.

Had the petition been granted Haith’s attorney would have then been able to subpoena Bank of America employees who had access to the information.

Friday’s ruling is just the latest turn in an investigation that has featured two self-imposed bowl bans (for the football program), Shapiro landing in federal prison for his operation of a Ponzi scheme and multiple mistakes by NCAA investigators.

Will that move this investigation closer to its end? Given how the process has progressed to this point, it may be a while before the NCAA comes to a final decision on Miami’s fate.

Raphielle can be followed on Twitter at @raphiellej.