Who we're really dealing with: Walter "Hooked."
Updated: January 12th 2017 - new article posted
Updated: January 8th 2017 - this will be the last update to this page, unless "walterbyerz" FINALLY produces more than personal assertions to back up his "breaking news."
It's been nearly a week now, and after 60+ Tweets, all he's "broken" is an unsubstantiated claim of collusion between Kenneth Wainstein and Jonathan Duncan's NCAA investigators.
I'm expecting an article from Greg Barnes of InsideCarolina this week. IC has suggested there may be some truth to "walterbyerz" allegation. If so, I expect it will have more substance than what's been Tweeted (and captured below) so far.
Also, it would appear that "walterbyerz" isn't the non-partisan he pretends to be. He was tricked by another anonymous Twitter user into privately revealing his UNC-Chapel Hill fan affiliation. In light of this and his failure to provide any evidence to back up his claims, I don't intend on updating this page after today.
Original article follows:
The pseudonymous Twitter account @walterbyerz began "breaking" new information regarding the NCAA and Wainstein investigations of UNC on Tuesday, January 3rd. Six days later, he was still parsing out his claims. In a nutshell, the new information he's promulgating is:
- Prior to May 2014 and its reopening an investigation of UNC's academic "irregularities," NCAA investigators had tried to leverage Kenneth Wainstein investigation's without informing UNC.
- UNC officials learned of this sometime in late April 2014, and both Wainstein and the NCAA had to cover their tracks.
@walterbyerz is characterizing it as "collusion" and "unethical."
Whether it was or wasn't, as of this posting, many are still waiting on proof. Sadly for the NCAA, it's all too believable, given its checkered history.
What of Kenneth Wainstein, though? Had the Cadwalader investigation team, hired by UNC president Tom Ross and UNC-Chapel Hill Chancellor Folt, acted improperly; assuming he had, in fact, allowed NCAA investigators in the door without UNC-Chapel Hill's compliance staff's knowledge? Is Wainstein's reliability and agenda considered suspect should this be true?
@walterbyerz would have us believe so. And though there is a notable lack of verification in his claims, yesterday (Friday) the Tar Heel fan site InsideCarolina lent its considerable, trusted voice to one of @walterbyerz tweets:
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| https://twitter.com/InsideCarolina/status/817440456330117120 |
InsideCarolina's (IC) Ben Sherman has told subscribers to expect a story on this soon. Unlike @walterbyerz, IC has a demonstrated reliability with its connections to UNC athletics insiders, and though proof would still be nice, we'll soon know whether or not UNC sports people are actually saying it's true. (Why it will have taken over two years for the rumor to break free is left to speculation, unless IC's story addresses this too.)
Though @walterbyerz's claims are starting to become rambling and repetitive, I'll continue to assemble his tweets that tell his story so far. (He blocked me on Twitter, but that's ineffectual and naught but a statement.)
My comments are at the bottom of the page.
(I've done some minor editing of Twitter shorthand for readability. Last updated January 8th, 2016, 7:25 AM EST.)
BY WALTER BYERZ - NCAA CRITIC & CITIZEN REPORTER
BREAKING: UNC-CH caught NCAA investigators secretly colluding with Ken Wainstein during his independent investigation.
The nature of the unethical secret collusion by the NCAA in UNC's case is the same as at Miami-FL and with Freeh at Penn State. NCAA leaders still have difficulty acting in an ethical manner. They were publicly embarrassed twice from MIA and PSU for ethical lapses.
After catching NCAA investigators colluding with Kenneth Wainstein, UNC forced Wainstein to document his future work with NCAA-see p86 of Wainstein Exhibits.
The NCAA's unethical conduct and collusion with Ken Wainstein involved the Enforcement Staff's Jon Duncan, Kathy Sulentic and others. Jon Duncan is NCAA VP of Enforcement. Kathy Sulentic is NCAA's lead investigator for UNC case and author of all 3 notice of allegations.
NCAA VP Duncan & lead investigator Sulentic broke rules & engaged in unethical conduct-repeating terrible mistakes at Miami FL & Penn State.
On May 28th, 2014, Wainstein wrote that he "understands" the NCAA expressed interest & "wishes to have a meeting". Also references a "standard procedure." This letter was only necessary because UNC had caught NCAA investigators secretly meeting and colluding with Wainstein. NCAA VP Jon Duncan and lead investigator Kathy Sulentic secretly met with Wainstein in Indianapolis well before 5/28 letter.
Wainstein briefed NCAA on his independent investigation, what he was finding, and what may interest NCAA. The Enforcement staff knew this was unethical.
On 5/28/14 Wainstein wrote he "understands" NCAA "has expressed an interest" in his work & "wishes to meet" & KW "would be comfortable" meeting. But by then NCAA investigators had ALREADY SECRETLY MET and colluded with Wainstein before UNC caught them and demanded the letter of process.
Why did Wainstein use deceptive language in May 28 letter if his Penn State-like collusion with NCAA was ethical? It wasn't.
In his October 2014 report Wainstein ONCE AGAIN did his high dollar verbal tap dance to hide collusion w NCAA. Wainstein wrote that once his "investigation matured" UNC asked him to fully brief NCAA & cites the May letter, but fails to disclose secret Indianapolig meeting.
Wainstein skillfully avoids referencing his collusion with NCAA investigators that ended ONLY AFTER UNC caught them in late April '14. Why did Wainstein again use deceptive language in his October report if his collusion with NCAA prior to 5/28 was ethical? It wasn't.
How many other misrepresentations are in Wainstein's report? A quick review shows same flaws as Freeh's report at PSU. Unethical & unfair!
In Dec 2013, James Woodall, NC county DA, indicted Dr. Julius Nyangoro on felony charges related to UNC contract. Debbie Crowder, UNC retiree & former Nyangoro assistant, was threatened by DA with criminal charges for her role in AFAM mess.The DA offered to drop Nyangoro's felony and any Crowder charges on condition that they fully cooperate with Wainstein's investigation.
Wainstein secretly informed NCAA investigators he had gained access to Nyangoro and Crowder. He did not share that information with UNC. Wainstein secretly assured NCAA they could join him for interviews of Nyangoro and Crowder. He didn't share that information with UNC either. This type of scheming by Wainstein AND the NCAA is unethical in every way.
After MiamiFL and PennSt, the NCAA has NO excuse whatsoever.
UNC uncovered the corrupt plans before interviews of Nyangoro and Crowder could occur. MiamiFL and Penn State were not as fortunate. UNC busted the NCAA investigators secret efforts to unethically leverage influence in an active, separate criminal felony case.
Just five days after Wainstein's "CYA" May 28th letter to UNC, NCAA Vice President of Enforcement, Jonathan Duncan, hurried to cover his too with a slickly worded letter.
Like Wainstein, Duncan's June 2nd "CYA" letter tried to tap dance around UNC's discovery of unethical conduct with some sleight-of-word. Duncan wrote "as you know", with regard to Wainstein, NCAA hasn't "participated" in "that" investigation or interviews. Very slick Jon. Because by 6/2/14, Duncan & Wainstein were fully informed UNC had become aware (since late April) of the unethical collusion between them.
Duncan claimed interest to "revisit" and wrote witnesses who didn't previously cooperate "may be available". Jon, "may" or "will"? Duncan wasn't guessing. He had received & STILL believed Wainstein's secret assurance NCAA could join Kenneth Wainstein interviews of Nyangoro & Crowder.
On 6/2, Duncan and Sulentic were still planning to unethically leverage influence in an active, separate criminal case. Just like MiamiFL. Jon, there are simply not enough high dollar words taught at law school to make something less than truthful look like the truth.
In the University of Miami-Florida case, an NCAA investigator leveraged influence and access in an active, separate criminal felony case. He was fired for it. NCAA President Mark Emmert said the Enforcement staff "acted contrary to internal protocols" and abused "limits of its investigative powers."
After discovering egregious staff behavior, NCAA President Emmert hired Ken Wainstein to investigate NCAA Enforcement's conduct in the MiamiFL case. Wainstein's scathing report on NCAA conduct at Miami caused President Emmert to fire Julie Roe Lach, his Vice President of Enforcement. He replaced her with Jon Duncan. After replacing Roe Lach (fired for managerial decision) Duncan became PERSONALLY INVOLVED in unethical conduct & collusion in the UNC case.
UNC found Duncan & staff trying to improperly leverage access and influence in a separate criminal felony case by colluding with KEN WAINSTEIN. Remember, Wainstein had secretly assured NCAA they could join him for interviews of Nyangoro and Crowder. He didn't share that information with UNC either.
Will NCAA President Emmert (again) hire Wainstein to investigate NCAA Vice President of Enforcement Duncan's unethical collusion in UNC case? Does he only scapegoat women?
For UNC Athletics Director Bubba Cunningham, the University and Sidley Law, this adds to the list of concerns dealing with unethical conduct by NCAA staff.
More details about this unethical conduct of NCAA staff during UNC's case will be shared tomorrow if people are interested.
updated January 8th, 2016
The letters to which @walterbyerz refers:- The 5/28/2014 letter from Wainstein to UNC.
- The 6/2/2014 letter from NCAA to UNC
My Commentary (updated 7 January, 2017)
The Twitter account of "@walterbyerz" is commanding a lot of attention lately. Is he for real? Is he an operative for UNC public relations? UNC compliance? Is it a revenge "catfishing" of those UNC fans hoping for a reversal of the NCAA's own recent about-face ? Could it be a prominent voice of NCAA criticism posting behind the satirical veil of the NCAA's first Executive Director, Walter Byers' ghost?
Does it really matter who this "Walter Byerz" is? Shouldn't we simply assess what it is he is saying rather than try to weigh the credence of his claims by determining his bona fides?
I rhetorically asked this question early on when I thought the answer was a definitive "no, it shouldn't matter who he is." (Maybe it's not even a "he." Could be a "she," or a "they.")
I still believe, with regard to critically assessing the reasoning of his arguments based on publicly available information, the answer to be "no." It shouldn't matter. The merits of an argument shouldn't be based on the identity of the person making it. As long as it's a reasoned distillation of information that can be substantiated, who @walterbyerz is in Real Life™ should have no bearing on how we critique his analysis.
BUT, when one begins offering new, unsubstantiated information, THEN one's authenticity does warrant inspection. When asserting a heretofore unpublished claim, and expecting people to accept its veracity based on declaration alone, then who you are surely does come into play.
In his 60+ Tweets on the matter so far, he's managed to put exactly two new, related claims on the table. Are they true, and do they indict either the NCAA or Kenneth Wainstein's ethics as @walterbyerz is arguing?
His novel claims are:
- NCAA investigators had secretly met with Wainstein in Indianapolis prior to the 5/28 letter, during which Kenneth Wainstein had briefed NCAA investigators on his independent investigation.
- Having learned of this in late April 2014, UNC forced Wainstein to document his future work with NCAA, which is what precipitated the 5/28 letter from Wainstein and the subsequent 6/2 letter from NCAA Enforcement.
Ask yourself: does any of this make sense? Is the claim of collusion substantiated?
Can any suggestion of UNC having discovered shenanigans between Wainstein and the NCAA enforcement staff be found anywhere in UNC's communications with the NCAA or in the procedural or jurisdictional objections to to the Allegations or NCAA enforcement?
Even off the record, no insiders have, in two years since Wainstein, hinted of this pre-May 2014 secret meeting or collusion; at least not what I've seen.
So far, 'walter' has pointed only to three publicly available documents as evidence; but none of those demonstrate his claims. Instead, he's saying Wainstein and NCAA's Jon Duncan were lying. But how can we know that's true other than by faith in the word of a Twitter user posting behind a nom de guerre?
His claims are unambiguous. They are new. And they could be serious if Wainstein was directed not to communicate with the NCAA until/unless having received approval from UNC. Had NCAA investigators contacted Wainstein prior to 5/28, Wainstein should have referred them to UNC first or properly contacted UNC as he did in the 5/28 communication.
IF the NCAA had managed to secure a briefing from Wainstein's investigative team without UNC's knowledge or approval, THEN that would be a big story truly "breaking" and it should be damning for both NCAA Enforcement and Kenneth Wainstein. (How damning is another debate.)
All of @walterbyerz "breaking news" hinges on that IF.
But where is it substantiated? What do we have to validate that this "breaking news" is reliable? Maybe it does matter who @walterbyerz is? Does he have access to privileged, insider information?
@walterbyerz is an intriguing Twitter account. It was created in January 2016 and for months had posted focused opinion and commentary that was mainly critical of the NCAA, The UNC case has only recently figured more prominently in his Tweet history, mainly beginning around the time of release of UNC's response to the Amended Notice of Allegations in August.
A few weeks after his Twitter account creation and after just a few dozen Tweets, @walterbyerz had managed to garner an unusual list of early followers; NCAA public figures like VP of NCAA Governance Kevin Lennon, former VP of NCAA Enforcement David Price, and the current VP of NCAA Academics & Membership Affairs David Schnase. His first follower, only a couple weeks after account creation, was college athlete advocate and NCAA critic Bob Orr.
Following someone on Twitter doesn't convey endorsement nor is it vouching for the individual, but to see that kind of following so soon after registering with Twitter has to be unheard of for a non-verified, anonymous account.
Until about August 2016, Byerz's comment history had been predominantly focused on criticism of the NCAA, in general. He did, at times, comment about the UNC case, engaging with Gerald Gurney, Brad Wolverton and David Ridpath. @walterbyerz was supportive of UNC's response to the Amended Notice of Allegations in August, echoing the sentiment of many, like Jay Bilas; arguing that NCAA governance had no business policing the academic standards of its member institutions. He maintained that NCAA enforcement rightly had stayed out of the 2006 Auburn academic issues involving athletes and similar issues in 2008 at Michigan.
Over the next couple of months, his following bloomed with notable UNC advocates joining the following, such as UNC Athletics Department Director for Communications Steve Kirschner, GoHeels columnist Adam Lucas, former Tar Heel Blog contributor Doc Kennedy, Sports-Glutton contributor Jeff Greenberg and former UNC basketball star Sean May. Ben Sherman's Inside Carolina is another of the more recent followers.
@walterbyerz has also invoked criticism of the actions of NCAA Enforcement in the University of Miami investigation, that would ultimately garner rebuke from NCAA Chairman Mark Emmert after an internal investigation reported rule-breaking tactics by the investigation team. (That internal investigation was also led by Kenneth Wainstein, not so coincidentally.) He has also lobbed criticism of NCAA's handling of Penn State and has taken up the cause of Ole Miss against supposed NCAA over-reach, collecting even more Ole Miss fans than UNC fans.
With the surprising news of the Committee on Infractions' rejection of UNC's procedural and jurisdictional objections, and with the NCAA Enforcement staff's reversal of it's earlier May Amended Notice of Allegations, @walterbyerz's criticism of the NCAA has escalated. He is now claiming to be exposing unethical conduct in the UNC case, specifically calling out current VP of Enforcement Jonathan Duncan and NCAA lead investigator Kathy Selentic, as well as UNC's own independent investigator Kenneth Wainstein.
It's taken him a full week and over 60 Tweets to claim NCAA met with Kenneth Wainstein before either one told UNC. Based on that claim, he's arguing the NCAA enforcement staff and Kenneth Wainstein acted unethically.
Are you buying it? If so, why? And does it impact either the Wainstein Report or the NCAA case as much as he claims? Would it be a bombshell if true; embarrassing to both the NCAA and Wainstein as @walterbyerz is presenting it to be?
Following someone on Twitter doesn't convey endorsement nor is it vouching for the individual, but to see that kind of following so soon after registering with Twitter has to be unheard of for a non-verified, anonymous account.
Until about August 2016, Byerz's comment history had been predominantly focused on criticism of the NCAA, in general. He did, at times, comment about the UNC case, engaging with Gerald Gurney, Brad Wolverton and David Ridpath. @walterbyerz was supportive of UNC's response to the Amended Notice of Allegations in August, echoing the sentiment of many, like Jay Bilas; arguing that NCAA governance had no business policing the academic standards of its member institutions. He maintained that NCAA enforcement rightly had stayed out of the 2006 Auburn academic issues involving athletes and similar issues in 2008 at Michigan.
Over the next couple of months, his following bloomed with notable UNC advocates joining the following, such as UNC Athletics Department Director for Communications Steve Kirschner, GoHeels columnist Adam Lucas, former Tar Heel Blog contributor Doc Kennedy, Sports-Glutton contributor Jeff Greenberg and former UNC basketball star Sean May. Ben Sherman's Inside Carolina is another of the more recent followers.
@walterbyerz has also invoked criticism of the actions of NCAA Enforcement in the University of Miami investigation, that would ultimately garner rebuke from NCAA Chairman Mark Emmert after an internal investigation reported rule-breaking tactics by the investigation team. (That internal investigation was also led by Kenneth Wainstein, not so coincidentally.) He has also lobbed criticism of NCAA's handling of Penn State and has taken up the cause of Ole Miss against supposed NCAA over-reach, collecting even more Ole Miss fans than UNC fans.
With the surprising news of the Committee on Infractions' rejection of UNC's procedural and jurisdictional objections, and with the NCAA Enforcement staff's reversal of it's earlier May Amended Notice of Allegations, @walterbyerz's criticism of the NCAA has escalated. He is now claiming to be exposing unethical conduct in the UNC case, specifically calling out current VP of Enforcement Jonathan Duncan and NCAA lead investigator Kathy Selentic, as well as UNC's own independent investigator Kenneth Wainstein.
It's taken him a full week and over 60 Tweets to claim NCAA met with Kenneth Wainstein before either one told UNC. Based on that claim, he's arguing the NCAA enforcement staff and Kenneth Wainstein acted unethically.
Are you buying it? If so, why? And does it impact either the Wainstein Report or the NCAA case as much as he claims? Would it be a bombshell if true; embarrassing to both the NCAA and Wainstein as @walterbyerz is presenting it to be?
