Petition by former Miami Hurricanes coach Frank Haith denied regarding possible bank account breach

A federal judge in Miami on Friday denied a petition from former University of Miami basketball coach Frank Haith seeking to subpoena Bank of America employees to determine if they allowed unauthorized parties to access his checking account during the NCAA Nevin Shapiro investigation.

Haith, now at the University of Missouri, had filed the motion on Monday under Rule 27, which allows depositions in anticipation of a civil lawsuit. U.S. District Judge Robin Rosenbaum dismissed the petition, saying Haith did not have legal basis for seeking the information under Rule 27.

?The judge ruled that we couldn?t seek the information under Rule 27, 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.?

The petition stated that in October 2012, Haith and his wife, Pamela, became suspicious of a possible privacy breach when they requested copies of three checks and were told someone else had already requested them. The Haiths tried unsuccessfully to resolve the issue through repeated requests to the bank. 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 microfiche copies of three checks dated June 10, 2010. He had already provided photocopies of those checks, and other financial documents, in October 2011, but the NCAA wanted clearer images. Each check was for $3,200 and 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 that money was used to pay back $10,000 to Shapiro that he says he had given Morton to help secure a recruit.

Source: http://www.miamiherald.com/2013/05/10/3390945/petition-by-former-miami-hurricanes.html

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