Michael L. Buckner, an attorney on head men’s basketball coach Frank Haith’s legal team, issues the following statement in response to CBSSports.com’s May 6, 2013, report:
As reported by CBSSports.com, my clients, Frank Haith Enterprises and Frank Haith, have filed a petition with the United States District Court for the Southern District of Florida this morning. The petition requests the Court to issue an order pursuant to Federal Rule of Civil Procedure 27 authorizing the issuance of subpoenas to preserve potential evidence pertaining to my clients’ bank account at Bank of America. [Note: Contrary to some media reports, the NCAA is not a party to the petition.] In the process of responding to the NCAA enforcement staff’s October 22, 2012, request for microfiche copies of three checks drawn on the bank account, my clients learned from a Bank of America employee that the requested bank records have been previously viewed or ordered. My clients did not previously authorize the viewing or ordering of the microfiche copies of the three checks. From October 22 through earlier this year, my clients attempted through various means of acquiring from Bank of America information on the unauthorized access to, or the improper acquisition of, information in the bank account. However, Bank of America failed to cooperate fully with my clients. The petition was initiated to preserve evidence that may be unintentionally or intentionally lost, misplaced, altered or destroyed prior to the filing of a lawsuit against Bank of America (and any other involved party) for violation of federal law. Mr. Haith’s ongoing preparation for the upcoming hearing before the NCAA Division I Committee on Infractions in the University of Miami enforcement case creates significant scheduling and logistical conflicts that would impede the efficient prosecution of an action against the bank at this time.