Give it up, Reggie

It was April 15th when I last blogged on the Reggie Bush fiasco (see Yahoo! timeline) and wrote that “Bush may be able to evade tacklers, but the increasingly intricate web cast by the growing group of arguably unsavory characters with whom he’s aligned himself may prove tougher.” At the time, Bush had just settled out of court with San Diego businessman Michael Michaels for an undisclosed sum and a confidentiality agreement that barred Michaels from speaking to the NCAA. Michaels was one of the financiers (along with Lloyd Lake) of the now-failed marketing agency New Era Sports & Entertainment that originally wooed Bush as a client while he was a player for the University of Southern California and allegedly delivered cash payments and other improper benefits to Bush and his family.

Flash forward sixth months. Bush is now in his second season with the New Orleans Saints and is under a contract reportedly worth up to $60 million. New Orleans, picked by many to win the Super Bowl, is one of the NFL’s worst teams, and fantasy footballers everywhere can’t trade Bush fast enough. But Bush’s on-the-field woes pale in comparison to what’s happening to him off of it. Yahoo! Sports’ Charles Robinson and Jason Cole reported two days ago that Lake “has agreed to meet with NCAA investigators and turn over financial records and other evidence that would tie Bush and his family to nearly $280,000 in extra benefits allegedly taken during Bush’s days with the Trojans.” Moreover, Lake is supposedly preparing to file a civil suit in San Diego against Bush and his family later this month seeking to recoup money he allegedly gave to them during the course of their relationship.

The “other evidence” which will soon be in the NCAA’s hands likely includes taped conversations between Lake, Bush, Bush’s stepfather LaMar Griffin and others, beginning in December 2005, that purportedly provide “proof of a financial relationship between the [Lake and Michaels] and Bush’s family during his days at USC,” as well as proof that Bush’s family in fact started taking money from Michaels and Lake as early as the 2004 season, when an undefeated USC defeated Oklahoma for the national title. The benefits allegedly include, among other things, at least a year of rent-free living (valued at over $50,000) and other cash payments. In addition to the NCAA’s investigation, remember that the FBI was also conducting its own investigation on the matter ever since Bush counter-sued New Era for extortion. However, according to unnamed federal sources, the FBI stopped pursuing the extortion claims after deposing Lake’s family members and acquaintances before a federal grand jury. But it was only after the FBI began investigating that the above-mentioned taped conversations were revealed. In other words, Bush has brought the brunt of the evidence which can be used against him and USC by the NCAA on himself.

What does this all mean for Bush? From a practical standpoint, Lake’s meeting with the NCAA, which will likely include “discussion of Bush’s relationship with New Era—from financial records and receipts to how and when payments were made— and information about other parties who might have had financial involvement with the running back and his family,” will galvanize the NCAA’s investigation, which has been relatively stagnant since Bush’s settlement with Michaels. Most devastating for Bush, however, is that it seems that his chance to simply pay-off and settle behind the scenes with Lake, much the same way he did Michaels, is gone. Robinson and Cole report that mediation this past June between Lake’s attorney, Brian Watkins, and Bush’s attorney, David Cornwell, “was unsuccessful.” But don’t think that Cornwell didn’t exhaust all possibilities, likely knowing full well what lay ahead for client. From a punitive standpoint, Robinson and Cole report that the tapes “could pave the way for significant penalties for USC and ultimately could lead to Bush losing the Heisman Trophy he won in 2005 when he led USC to the national championship game against Texas.”

Interestingly, the more circumstantial and direct evidence piles up against the Bush, the more he deflects and plays the victim card. In an interview that Bush conducted with ESPN’s Outside the Lines in September, for example, Bush reiterated his claims of extortion against Lake and Michaels. However, the segment, which Bush’s camp quickly demanded ESPN pull (Bush’s representation then allegedly threatened ESPN that he “would halt future cooperation with the network if the interview was not pulled”) may have violated the terms of his confidentiality clause with Michaels. Yet another cause of action against Bush? Stayed tuned. In the meantime, kudos to ESPN for not giving into Bush’s own form of extortion.

Things look bleak for Bush, and also for USC. While Bush and his family in fact may have been taken advantage of to some degree by Lake and Michaels, the duo may come out relatively unscathed in the matter, while Bush’s collegiate legacy and Heisman go down the tubes. Bush’s resilience is not surprising, but it may be time for his representation (legal and otherwise) to advise him to just bite the bullet on this one. Sadly though, sometimes even the best running backs don’t know when to just go down.

– Jason G. Wulterkens