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POSTED 10:48 p.m. EDT; UPDATED 11:59 p.m. EDT, May 31, 2006
BUSHES TO FACE TAX EVASION CHARGES?
We've been racking our brains for the past several hours in an effort to discern the potential federal charges that could be pursued against Saints running back Reggie Bush and/or his family as a result of allegations that they received benefits in violation of NCAA rules at a time when Bush was otherwise eligible to play college football.
And then it hit us, like a big board with a rusty nail in it.
Tax evasion.
There's nothing illegal about a college football player getting paid by private citizens who might be interested in representing the player when the time comes to get paid by a pro football team -- as long as the kid getting the benefits declares the benefits as income and pays the corresponding tax.
In this case, rumors and reports have been rampant regarding the magnitude of the money that has been transferred to Reggie Bush and/or his family. New Era Sports & Entertainment alleges that it paid to the Bushes $100,000, and that Reggie's parents lived in a house owned by New Era principal Michael Michaels without paying $54,000 in rent.
There are also whispers of other payments to the Bushes that have come from other sources.
In the end, that might be one of the reasons for the FBI's desire to talk to Reggie and his parents, despite lawyer David Cornwell's suggestion to Bernie Wilson of the AP that the feds are interested in the conduct of New Era.
With that said, let's be clear on this. We're not "reporting" that the feds are planning to claim that the Bushes received payments from prospective agents and failed to pay taxes on the income. There's no evidence that the FBI is even targeting Reggie and/or his family at this point.
But given the reports that have surfaced to date, would anyone be surprised to eventually learn that: (1) the Bushes got paid; and (2) it didn't occur to them that Uncle Sam should get a cut of it?
Indeed, Al Capone ultimately was brought down by tax evasion charges, as explained by the FBI on its own web site.
Though it's possible that the FBI's primary motivation in opening an investigation is to explore whether Michaels or anyone else connected to New Era committed extortion in connection with efforts to settle the agency's threatened legal claims against the Bush family, the feds aren't going to pick and choose. Every potential violation of the law will be explored and, if justified, prosecuted.
As to the viability of an extortion charge against New Era and/or its representatives, we've previously explained that there's nothing wrong with a lawyer demanding payment of money in an attempt to resolve a dispute before filing suit. In this case, however, we were troubled by one of the letters sent by New Era lawyer Brian Watkins, in which he raises the possible involvement of USC in the settlement discussions. Since New Era has no apparent claim against USC, Watkins' efforts could be viewed as an attempt to extract hush money from the Trojans in order to avoid the negative publicity that would result (or, as the case may be, has resulted) if (or, as the case may be, when) the caa-caa hits the Cuisinart.
We don't know how all of this will turn out, but we're certain of one thing. The FBI will get to the truth. It's possible that the FBI already knows most if not all of the truth, and that the "investigation" is merely an effort to determine whether one or more of the relevant parties might be inclined to lie to a federal officer.
Martha Stewart can explain the downside.
Moreover, the FBI's work will in turn make it far easier for the NCAA and the Pac-10 to continue their investigation into the matter, since the Bushes have to date stonewalled in order to minimize their potential liability to New Era. Now, lawyer David Cornwell says that they'll gladly talk to the feds.
Dave, you'd better think this one through. If your clients have gotten payments in the past and if they haven't declared the money as income, it's time to shift the limo into damage control mode -- which undoubtedly will require them to come clean and pay the back taxes, with interest and penalties. (Unlike most folks charged with tax evasion, the Bushes can pay the bill without taking out seven mortgages.)
Sure, an admission that payments were received prior to December 2005 would cost Reggie his Heisman. But giving up one piece of hardware is far better than banging out the number "5" on many more thin, rectangular metal plates for the next 12-to-36 months.