Tx Tech Rep: SbB’s Use Of School Logo Is Illegal

In 10 1/2 years of operating SbB, I’ve never been sued or been faced with any serious legal action. None.

IMG complaint to SbB on behalf of Texas Tech regarding SbB's illegal use of Texas Tech logo

(Texas Tech rep IMG fired legal guns 72 hours after SbB’s BCG revelations)

Over the years I’ve reported on Texas Tech quite a bit - especially as it pertains to Mike Leach, and more recently, Tommy Tuberville and Billy Gillispie. The accuracy of those numerous reports has never been specifically disputed on the record by anyone associated with Texas Tech.

Texas Tech Coach Tommy Tuberville reacts to SbB Facebook Posts About Him

(SbB post on TT football coach Tuberville caused Lubbock media uproar)

If you’ve read my exhaustive coverage of the unfortunate circumstances of Leach’s departure from the school, you’re well aware of the varying forms of documentation I’ve posted that portray Texas Tech officials - and others associated with the school - in an unflattering manner throughout the former football coach’s legally-challenged ouster.

In addition to Leach and Tuberville, on August 23 I reported details of the regrettable early tenure of newly-hired Texas Tech basketball coach Billy Gillispie. None of the facts of that story have been challenged on the record by anyone associated with Texas Tech.

Mike Leach New Book: Swing Your Sword

(TT rep IMG included “Truth” image linked to Leach book in SbB complaint)

On August 26, yesterday, I received an email from the company Texas Tech uses to oversee its licensing: IMG. The email, originated from IMG’s “enforcement” department, claimed that SbB’s use of the Texas Tech logo was, in fact, illegal.

The text of the email is below. [Note: IMG owns and operates ‘Collegiate Licensing Company’, ‘CLC’]

Please find attached a letter from the Collegiate Licensing Company Legal Department. Thanks.

Judy Martin | Enforcement & Compliance Assistant

IMG College and The Collegiate Licensing Company - an IMG Company

VIA CERTIFIED OR ELECTRONIC MAIL

August 26, 2011
Sports by Brooks

Re:  Unauthorized Use of Texas Tech University Trademarks

Mr. Brooks:

This letter serves to put you on notice of the proprietary interests of Texas Tech University. Read more…

Did Franchione Lure Gillispie Into Donnan Ponzi?

Last month a West Virginia-based company, Global Liquidation Center Ltd. (GLC), accused former Georgia football coach Jim Donnan of running a Ponzi scheme that it claimed eventually bankrupted the company.

Jim Donnan lured Tommy Tuberville, Frank Beamer, Billy Gillispie and Dennis Franchione into his alleged Ponzi scheme

In a civil action filed in a federal bankruptcy court last month in Athens, Georgia, GLC alleged Donnan had committed fiduciary fraud, embezzlement and larceny in the company’s bid to obtain the $5 million remaining in Donnan’s personal estate. (Donnan filed for bankruptcy himelf after GLC declared Chapter 11.)

GLC alleges that Donnan, who was a major investor in the retail outlet liquidation company, used his formal role with the company to lure investors into loaning money to GLC at exorbitant interest rates. (Some documented agreements touted a 70 percent annual rate of return.) When GLC was unable to service its obligations to the Donnan investors who had loaned it money - and Donnan himself was unable to obtain fresh investment capital to help GLC service those loans - the company was forced into declaring bankruptcy.

In federal court documents the company reported that from 2007 to 2010 Donnan helped secure $81,916,000 from investors. During the same period, GLC alleges that Donnan billed the company $14,557,228.50 in his own personal loan interest and commissions - with much of that money transferred from Donnan to his immediate family members and wife.

Of the over $81M in investment funds, GLC reported in court documents that $11,793,000 was invested in company operations.

As part of its legal argument to obtain what’s left of Donnan’s personal estate, GLC noted in its filing last month:

James Donnan is substantially, if not principally, responsible for the initiation and operation of a far-reaching ponzi scheme that defrauded GLC and its investors of approximately $27,752,159.

A week after GLC filed its claim against Donnan, a federal bankruptcy court judge effectively froze his personal assets to allow for a formal, legal examination of the hundreds of pages of evidence and exhibits submitted to the federal court.

As for GLC’s Donnan-solicited investors, nowhere in those legal documents is an itemized accounting of who lost what. And from Donnan’s personal accounting practices, it isn’t unreasonable to think that he doesn’t know either.

From evidence presented by GLC to the court, it’s now been confirmed that the former football coach kept virtually all of his financial accounting in handwritten notes. Those notes give the only clues, for now, of how much individuals may have invested - and potentially lost - with Donnan.

Documents in Donnan’s handwriting submitted by GLC to the federal bankruptcy court indicate Texas Tech basketball coach Billy Gillispie gave Donnan at least $3 million - in separate payments - to “loan” to GLC at exorbitant annual interest rates.

Dennis Franchione made commission on Gillispie $1,000,000 payment to Donnan

In one of the payments to Donnan, Gillispie signed off on a GLC company document indicating a $1 million loan to GLC at a 60 percent annual interest rate. Donnan later noted in one of his handwritten accounting documents that current Texas State football coach Dennis Franchione was to be paid five percent of Gillispie’s seven-figure buy-in. ($12,500.)

Donnan, Franchione and Gillispie part of alleged Ponzi scheme

(Franchione’s $300,000 ‘loan’ to Donnan at 60% annual rate)

In another GLC loan agreement document, Gillispie was given a 65 percent annual interest rate in exchange for a $2 million loan - solicited by Donnan - to the company. (Though that document was not signed by Gillispie.)

In another federal court document submitted by GLC last month, Donnan’s handwriting shows Franchione as credited with a 10% commission on what appears to be a May 1 six figure payment from Gillispie to GLC via Donnan.

Donnan, Franchione and Gillispie part of alleged Ponzi scheme

Franchione is prominently featured throughout Donnan’s handwritten bookkeeping of “investor” information. Here’s a handwritten contract for a Franchione “loan” signed off on by Donnan and his wife Mary.

Jim Donnan Contract With Dennis Franchione

In a March 10, 2009, email to Donnan, Franchione directed the former Georgia coach to send him the payments for five other individuals who had also apparently “loaned” Donnan - and GLC - money.

Dennis Franchione received checks for several Donnan clients

Franchione wrote Donnan at the time:

The others can be done in checks mailed to me in their names and I’ll see that they get there.

Franchione and Gillispie were far from the only coaches and sports figures who, according to Donnan’s handwritten notes, loaned him large sums of money at staggering interest rates.

Interest rates that GLC, a small retail merchandise liquidation firm, was obligated to pay.

Here’s some of the sports figures listed in Donnan’s somewhat indecipherable handwritten notes - and what they may have paid the former coach. (At least based on Donnan’s primitive accounting practices.):

1) Tommy Tuberville: $800,000
2) Frank Beamer: $175,000
3) Billy Gillispie: $3,000,000+ (one of two loan agreements unsigned)
4) Dennis Franchione: $650,000
5) Mark Gottfried: $250,000
6) Kendrell Bell (Former NFL player): $2,075,000 (two of four loan agreements unsigned)
7) Jonas Jennings (Former NFL player): $500,000 (loan agreement unsigned)
8) Mike Gottfried (Former ESPN analyst, CFB coach): $250,000
9) Tom Luginbill (ESPN recrutiing analyst): $30,000
10) Barry Switzer: $50,000

Barry Switzer Gave Jim Donnan $50,000 In Ponzi Scheme

Here are some of the executed and non-executed “loan” agreements and more handwritten notes - this time from a Donnan associate:

Jim Donnan Loan Agreements

Not everyone was convinced of the veracity of Donnan’s business. GLC included in its federal court document dump one email exchange between Donnan, a potential Donnan investor and his investment advisor:

When dismissing one of Donnan’s claims to his client, the advisor wrote in an email, “someone’s been eating retard sandwiches.”

Brooks is on Twitter and Facebook

Video: Tuberville Picked Wrong Day To Be ‘Birther’

Tuesday morning Barack Obama released his long-form birth certificate, presumably to once-and-for-all silence the “Birther” movement.


Mere hours before the certificate was released, Monday night Texas Tech Coach Tommy Tuberville appeared on Sean Hannity’s “Great American Panel” on FOX News to discuss the subject. Read more…

Video: Tech’s Tuberville Reacts To SbB Facebook

Yesterday morning I posted three entries to my Facebook page that provided some insight into how Texas Tech’s Tommy Tuberville is adjusting to life as the Red Raiders head football coach.

Texas Tech Coach Tommy Tuberville reacts to SbB Facebook Posts About Him

The entries were entirely based on conversations with three different sources, two of whom are current football coaches at major college football programs and an athletic department staffer also at a major football school. All three know Tuberville personally and have talked to him about the Texas Tech situation.

From those conversations, it was made clear to me that Tuberville was not entirely pleased with how things were going at Tech. In fact, as I said yesterday, Tuberville was downright “miserable.”

SbB Facebook entry #1:

Tuberville is absolutely miserable at Texas Tech. Wishes he hadn’t heeded advice of Under Armour folks and taken TTU job. One of his complaints is ADs Myers/Hocutt are powerless to keep admins and boosters in check. Leach refused to kiss their rings, and you see what that got him. #tubs has told multiple sources he wishes he’d taken USF job over TTU.

SbB Facebook entry #2:

As time goes by, Mike Leach is only going to look more and more like the genius he really was at Texas Tech. He didn’t need great players to win, which is why he was such a great fit there. BCG will be similar. Recruits to his system, which works. Don’t need blue chips to win. #tubs another story.

SbB Facebook Entry #3:

How’s this for awkward: #tubs backchanneled interest to Miami after Shannon was fired. The Miami Athletic Director at that time? Kirby Hocutt, who was just hired as new Texas Tech AD.

After practice yesterday, Tuberville talked about my Facebook posts to the DALLAS MORNING NEWS, LUBBOCK AVALANCHE-JOURNAL, DAILY TOREADOR, and NBC Texas affiliate KCBD.

Texas Tech Coach Tommy Tuberville reacts to SbB Facebook Posts About Him

Tuberville told KCBD-TV’s Pete Christy:

“I don’t know where that came from. How about this weather here? Whoever wrote that blog needs to come down here. He probably doesn’t have weather this nice.

“But no, this is a great place. We’re gonna build something here that people can be proud of, but I think that comes from a lot of people who probably would hope we would pack up and leave.

“We’re looking forward to it. It’s gonna be a tough challenge the next couple of years getting it to where we want to get it to, but I would imagine that’s coming from across the river somewhere that they would hope I would go somewhere else.”

Two things stand out from those comments. Read more…

Tuberville Pulls Scholarship Offer To Rogers’ Son

Four months ago Justin Rogers gave a verbal commitment to Tommy Tuberville to play football at Texas Tech. Rogers is originally from Birmingham and as a high school senior in 2007 was reportedly recruited by Alabama and Auburn - while Tuberville was still head coach of the Tigers.

Justin Rogers son of Kenny Rogers

(See update below on the current status of Rogers at Texas Tech)

In an early 2008 recruiting coup for then-rookie Nebraska coach Bo Pelini, Rogers decided to eschew Tuberville’s Auburn, along with Alabama and sign with the Huskers.

Doug Segrest of the BIRMINGHAM NEWS reported the news of Rogers’ signing in Feb. 2008:

Vestavia Hills running back Justin Rogers is Nebraska bound.

“Justin’s going to Nebraska,” said Ken Rogers, the prospect’s father, Tuesday night. “We just told Coach (Bo) Pelini he’s coming.”
Rogers, a 5-foot-11, 180-pound running back, rushed for 5,322 yards and scored 59 touchdowns as a standout for Buddy Anderson with the Rebels.

Rogers visited Nebraska two weeks, taking along prep teammate Mason Wald, a Vestavia teammate. The 6-foot, 190-pound Wald originally committed to Samford but was offered by Nebraska after the official visit.

“Ken Rogers” is the “Kenny Rogers” who was recently accused of soliciting money from Mississippi State on behalf of Cam Newton’s father Cecil. Rogers has subsequently admitted that father Newton asked for up to $180,000 for his son to sign a letter of intent with the school.

Kenny Rogers was also reportedly in charge of his son’s college football recruiting process. A process that saw his son, a highly-touted running back at Vestavia Hills High School in Birmingham, ignore Alabama and Auburn in order to join a Nebraska program that was in ashes in 2008 thanks to the disastrous tenure of Bill Callahan.

That year Kenny Rogers also reportedly orchestrated Nebraska’s signing of his son’s Vestavia High School teammate Mason Wald. Despite having only an offer from Samford in hand, suddenly Wald was on his way to Lincoln with Justin Rogers.

From Segrest’s report of Wald’s signing:

Vestavia Hills safety Mason Wald’s storybook offseason is officially gold. Wald, who once seemed headed across town to Division I-AA Samford, will instead join high school teammate Justin Rogers as a Nebraska Cornhusker.

“Mason Wald just accepted a full ride with Nebraska,” said Ken Rogers, Justin’s father. “He and Justin are going to sign (letter of intent) together at 2:30 p.m.

Ah, but because of a snafu, Wald won’t actually sign until Thursday.

“I talked to Coach Pelini and he was thrilled. He told me, `We can’t wait to get those Alabama boys to Nebraska,’ ” the elder Rogers said.

Justin Rogers, a 5-foot-11, 180-pound running back, rushed for 5,322 yards and scored 59 touchdowns as a standout for Buddy Anderson with the Rebels. He was recruited as an athlete by Nebraska, and could wind up playing in the defensive secondary.

Wald is 6-foot, 190 pounds and could play safety or outside linebacker for the Cornhuskers.

Curt McKeever of the LINCOLN JOURNAL-STAR reported that Wald joining Rogers at Nebraska was somewhat of a surprise:

For a while  Wednesday, it was thought Rogers might be the final addition to NUs class.

But Pelini said Nebraska is not completely finished with recruiting for this class, noting that coaches were still involved with two other players, one of those apparently being Wald.

So why did Kenny Rogers’ son want to attend Nebraska so badly? If you believe Justin Rogers, it wasn’t about the school, it was about the coach. Read more…

Bengals Asst. On Petrino: “Gutless MF. Use that.”

The Cincinnati Bengals visit the Atlanta Falcons this Sunday, which means Bengals Defensive Coordinator Mike Zimmer will return to the Georgia Dome as a coach for the first time since 2007.

Mike Zimmer

(Mike Zimmer: Molder of men, reader of minds)

Three years ago Zimmer served on the Falcons staff blindsided by the departure of then-Atlanta head coach Bobby Petrino. With three games left in what turned out to be a 4-12 season, Petrino resigned without notice to take the head coaching job at the University of Arkansas.

Coward Petrino Letter

(Lawyer Milloy in 2007: Co-sign)

When Zimmer was asked by Tom Archdeacon of the DAYTON DAILY NEWS his thoughts about returning to Atlanta, the Cincinnati assistant unloaded an unprompted verbal assault on Petrino.

Zimmer: Read more…

Meet Texas Tech’s Newest 200-Pound Tight End

Mike Graham of the DALLAS MORNING NEWS has the latest today on the playing status Adam James at Texas Tech. The 6-3, 216-pound son of ESPN broadcaster Craig James is being moved from receiver to tight end.

Adam James moved to Tight End by Tommy Tuberville

(Adam James: Ready to mix it up with the Sooners D-Line?)

Texas Tech football coach Tommy Tuberville addressed the tight end position after Monday’s spring practice.

“We don’t have any tight ends on the team,” Tuberville said. “Ryan [Haliburton] and Adam James are the two closest guys. But I think both of them have done a pretty good job. Both of them are physical. Adam can really catch the ball and give us a little addition there, but we’re going to need to have a two tight end offense next year.

“We’re probably going to need a freshman come in and play for us at a tight end position to give us three. We’ll have some tight end next year. But those two guys, with what they’re doing, and you know, they’re giving us a pretty good look and I think they’re going to be fine for next year.”

Tuberville said the offense will probably run 15 to 20 offensive plays per game with a tight end.

The prospect of James lining up against defensive ends who will not only go at least 50-75 pounds heavier but also are just as agile has to have Mike Leach snickering into his sixth margarita of the day.

As for Craig, we now know that he once told former Tech receivers coach Lincoln Riley via voicemail that Adam was the best receiver on the team. With Adam’s move to offensive line, wonder if Tuberville’s voicemail is burning up too? Read more…

TT Reportedly Hires Tuberville; Why Briles Passed

Ivan Maisel of ESPN.com today:

Former Auburn coach Tommy Tuberville will be named the next football coach at Texas Tech, a source close to the search told ESPN.com’s Ivan Maisel.

Tuberville phone

A news conference is scheduled for Sunday in Lubbock, Texas. Tuberville’s family is flying to Lubbock Saturday night, according to the source.

An SbB reader also sent me this flight plan, claiming it is Tuberville.

I haven’t confirmed that Tuberville has been hired, but wouldn’t doubt it. In fact, I predicted Tuberville would be hired a week ago.

Tuberville would Mike Leach, who was fired by Tech after a complaint from the son of ESPN’s Craig James, Tech wide receiver Adam James.

Earlier this week I reported that Tech would hire Art Briles for the job, and sources told me at the time that Briles had been offered the job. After Tech offered Briles, Baylor donors ponied up an extension that included a second raise in less than a week for Briles. Briles now has a seven-year deal with Baylor.

Read more…

Sources: Art Briles To Be Next Texas Tech Coach

Sources close to the Baylor Administration confirmed to me today that Bears Coach Art Briles will be hired as Texas Tech’s next football coach

Art Briles will be hired as next Texas Tech football coach

(Briles attended Tech and was assistant under Leach)

Contrary to previous reports, there is indeed a 10-day waiting period that Tech officials must observe before hiring Briles, but one of my sources told me the move is a “done deal.

Read more…

Report: Tx Tech Will ‘Talk’ With Tommy Tuberville

UPDATE: (12:00AM ET): Don Williams of the LUBBOCK AVALANCHE-JOURNAL reports Tuberville will interview Wednesday.

Last night I Tweeted that I thought Texas Tech would hire Tommy Tuberville in less than two weeks. In the past 48 hours I’ve heard from two college football sources that he’s the likely hire. As late as early today though, Tuberville had confirmed that he’d not yet been contacted about the job.

Tuberville phone

But Lubbock radio and TV personality Chris Level reports this afternoon that, “Tech is going to talk to Tuberville next and after talking to Tommy earlier he’s more than ready for the phone call when it comes.

Level is also the proprietor of RedRaiderSports.com.

Dwain Price of the FORT WORTH STAR-TELEGRAM reports that earlier today Ruffin McNeill had an informal visit with the same folks who jettisoned Michael Leach from the school:

Interim Texas Tech football coach Ruffin McNeill had an informal interview Monday morning with school president Guy Bailey and chancellor Kent Hance.

Pete Christy of KCBD-TV in Lubbock also reports that McNeill talked to the Tech admin, and that chat included Athletic Director Gerald Myers.

So besides Tuberville and McNeill, who else is in the mix, and who isn’t?

Read more…