Frank Haith will have to wait a little longer to find out who may have snooped on his bank records as part of the NCAA investigation into the University of Miami and incarcerated rogue booster Nevin Shapiro.
Haith, now at the University of Missouri, asked a judge to allow Bank of America employees to be deposed to see if they gave unauthorized parties access to his checking account during the investigation.
A federal judge in Miami on Friday denied the petition, saying Haith did not have legal basis for seeking court-issued subpoenas unless he files a lawsuit.
“The judge ruled that we couldn’t seek the information under Rule 27 [which allows pre-lawsuit depositions], but we could get all that information from the bank if we file a lawsuit,” said Haith’s attorney, Michael Buckner. “We plan to explore all his options, including, but not limited to, a lawsuit against Bank of America. The denial of the petition has nothing to do with the validity of Coach Haith’s claims. We still plan to find out who accessed his bank records.”
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In October 2012, Haith and his wife, Pamela, became suspicious of a possible privacy breach when they asked the bank, at the request of the NCAA, for microfiches of three checks and were told someone else had already requested them. If a Bank of America employee or agent permitted an unknown party to view or procure the records, it could be a violation of federal and state laws.
Haith had been asked by the NCAA to provide copies of three $3,200 checks dated June 10, 2010. They were made out to his assistant coaches Jorge Fernandez, Jake Morton and Michael Schwartz. He says they were payments for their work at his camp. The NCAA suspects the money was used to pay back $10,000 to Shapiro that he says he had given Morton to help secure a recruit.