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A new federal lawsuit is filed against Adidas; how it might affect top programs

Jesse Newell and Adam Zagoria, The Kansas City Star on

Published in Basketball

A federal racketeering lawsuit filed Monday morning on behalf of basketball player Brian Bowen II has the potential to affect Kansas Athletics and other Adidas schools.

The suit filed by the McLeod Law Group -- representing Bowen -- seeks, in part, unspecified monetary damages from Adidas and associates (including Jim Gatto and T.J. Gassnola) and also to ban the shoe company from having any involvement in NCAA basketball.

Monday's filing by Bowen's attorneys, which was submitted in the U.S. District Court of South Carolina, includes a section titled, "Racketeering activity involving the University of Kansas." There, Bowen's attorneys argue that both Kansas coach Bill Self and assistant coach Kurtis Townsend were "aware of a bribe payment made to the legal guardian of Kansas recruit Silvio De Sousa by Adidas and communicated with Defendants Gatto and Gassnola about it."

After that, Bowen's attorneys lay out much of the previously known information regarding Self and Townsend that was earlier revealed both in court testimony and in sidebar sessions from October's Adidas federal court trial. That includes text messages from Self and Townsend to Gassnola relating to the recruitment of De Sousa.

What happens from here will be of interest to KU and college basketball fans alike ... though it's important to note that Bowen's attorneys face many obstacles before getting this matter to their preferred path of a future civil jury trial in Columbia, S.C.

For one, Adidas likely will file a motion to dismiss the lawsuit, which would be ruled upon by a federal judge. When reached by The Star on Monday, Adidas gave this statement regarding Monday's events: "We have reviewed these allegations and believe they have no merit. As we have stated previously, Adidas is committed to ethical and fair business practices, and we look forward to continuing to work with the NCAA and other stakeholders to improve the environment around college basketball."

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If Bowen's attorneys make it past that motion to dismiss, their suit states they will make an effort to prove there has been a pattern of racketeering activity across the NCAA landscape. To do that, they would be seeking discovery on the roughly 30 schools who are sponsored by Adidas.

The information used by the government in the October federal trial would be a starting point. After that, Bowen's attorneys could seek to obtain documents from KU's compliance department, which would include coaches' call logs, emails and text messages, in an attempt to build their case.

Even further down the line -- and less likely still -- Bowen's attorneys also could seek the opportunity to get Townsend and Self in a deposition, where they could put them under oath and ask questions.

All those remain remote possibilities, though, and presumably would face further opposition from KU's legal counsel if things made it that far.

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