CORAL GABLES — Former Miami basketball coach Frank Haith filed a petition in Miami-Dade federal court Monday alleging illegal access was given to his bank accounts during the NCAA's investigation into UM athletics.
The 11-page document seeks testimony from Bank of America employees to determine the source of private information that ended up in the NCAA's hands. The legal petition became necessary when the bank chose not to cooperate with private inquires.
Haith, currently the head basketball coach at Missouri, received a NCAA Notice of Allegations in February stating he failed to promote an environment of compliance while at UM. The NCAA alleged Haith paid former booster Nevin Shapiro to keep him from going public with claims of NCAA recruiting violations.
Haith's petition states he met with NCAA enforcement members on multiple occasions and supplied various financial documents. A Sept. 5, 2012, interview centered on three specific checks the NCAA alleges Haith wrote to then-assistant coaches to pay off Shapiro.
Haith denies that allegation and now seeks to learn how the NCAA could cite the specific checks if he did not turn them over himself.
The petition states Haith and the Frank Haith Enterprises "anticipate bringing a civil action against Bank of America, as well as any other persons or entities engaged in the unlawful activity." They need to complete the investigation, which requires the evidence sought in Monday's petition. Haith's involvement in the NCAA investigation also "creates significant scheduling and logistical conflicts," the petition states.
According to the petition, Haith's wife, Pamela Haith, requested a Bank of America investigation in October. The bank responded the following month saying the Haiths would not be informed "if or when the bank identified person that breached the checking account." According to the petition, that was "an attempt to protect the bank."
The petition filed Monday requests subpoenas to depose Bank of America employees to find the source of the illegal leak "in anticipation of a civil lawsuit." It seeks to identify who accessed the non-public information, their purpose, the history of bank employees with access to the account and an explanation of bank policies regarding access to customer accounts.
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