Karen Peetz–Honesty and Integrity is an Issue For Her

Ms. Karen B. Peetz has been the President of The Bank of New York Mellon Corporation since January 01, 2013 and serves as its President of BNY Mellon NA. Ms. Peetz served as the Chief Executive Officer of BNY Mellon’s Issuer, Treasury & Broker Dealer Services since July 2008.

She was Chairman of the Pennsylvania State University’s Board of Trustees when the Consent Decree with the NCAA was signed. Ms. Peetz has a Bachelor of Science from Pennsylvania State University and a Master of Science from Johns Hopkins University.

Bank of New York Mellon will pay $714 million to settle state and federal charges that it engaged in a scheme to defraud clients by systematically adding hidden spreads to foreign currency trades executed on their behalf, government prosecutors announced Thursday.
BNY Mellon, based in New York, “admitted the factual details of its fraud” and will fire certain executives involved in the fraud, including the head of products management, David Nichols, who was named as a defendant in the federal lawsuit, according to New York’s attorney general and the U.S Attorney’s office in Manhattan. The trust and custody giant also will “reform its practices to improve and increase the information it provides to its customers,” the joint release said.
BNY Mellon had foreshadowed the settlement last month in a Securities and Exchange Commission filing in which it said it was revising fourth-quarter earnings downward by $598 million to account for the anticipated deal.
State and federal fraud charges in the matter were filed in 2011. A former currency trader for BNY Mellon in Pittsburgh, Grant Wilson, was previously identified as a whistleblower in the case.

Age 58

Total Calculated Compensation 5,532,958

She is connected to 225 board members in 6 different organizations across 7 different industries

Sandusky Prosecutor–Joe Not Involved in Coverup

This time, CBS Sports is getting in the mix with a Penn State feature on “60 Minute Sports” on Showtime at 10 p.m. tonight. The episode focuses on Frank Fina and Joe McGettigan, the two prosecutors who helped put Sandusky behind bars.

CBS released a clip of the interview yesterday and once you get past the “college football’s darkest episode” rhetoric, there is actually some interesting material.

Notably, Fina was asked if he thought Joe Paterno participated in a coverup of Sandusky’s actions as he believes former administrators Graham Spanier, Tim Curley, and Gary Schultz did.

“I do not,” Fina said straight up when asked if Paterno participated in a coverup.

“And I’m viewing this strictly on the evidence, not any kind of fealty to anybody. I did not find that evidence.”

Emails Conflict Testimony of Spanier, Curley, Schultz

Before the grand jury investigating child sexual  abuse by former Penn State coach Jerry  Sandusky, Spanier had denied that he had discussed with former Athletic  Director Tim  Curley and retired Vice President Gary  Schultz turning a 2001 allegation over to authorities.

Email shows otherwise. Confronted in 2001 with the question of how to  respond to another coach’s report of seeing Sandusky naked in a shower with his  arms around a boy’s middle, Spanier had agreed with Curley that the best course  of action was to skirt authorities and confront Sandusky directly.
“The approach you outline is humane and a reasonable way to proceed,” Spanier  wrote, according to the email presented as evidence during the preliminary  hearing on charges the men lied and hid Sandusky’s crimes.

Prosecutors detailed allegations that the men agreed not to report a 2001  allegation Sandusky sexually assaulted a boy in a shower even though they knew  he had previously been investigated for similar conduct.

Their “conspiracy of silence” allowed Sandusky to abuse at least three more  children on campus between 2001 and 2009, Beemer said in his closing  argument.

“By their own admission they had thousands of children on their campus for  all types of camps and activities and they take the position in 2001 to allow  Jerry Sandusky to have access to the campus,” Beemer said.

Beemer said evidence, including correspondence beyond emails, contradicts the  men’s grand jury testimony that they had limited knowledge of the 2001  allegation and a 1998 criminal investigation of Sandusky, and shows they worked  to deceive even as investigators closed in.

Bob Costas Doubts Paterno Involved in Cover Up

Emmy Award-winning NBC sportscaster Bob Costas said Wednesday concerning the  ongoing investigation of the Jerry Sandusky/Penn State sex scandal, “I don’t buy  the idea that [late head coach Joe Paterno] was actively involved in a  cover-up.”

“There’s a grand jury proceeding that just said there’s enough evidence to  take it to trial, which was no surprise to anybody,” Costas replied. “Spanier,  Curley, and Schultz, the administrators, who will go on trial.”

“But the main figure to the average person,” he continued, “the main figure  is still, other than Sandusky himself, Joe Paterno, who has since passed away.  And I really think that there is now some legitimate doubt.”

“I don’t know where the truth is,” Costas added, “but there’s some  legitimate doubt about the extent of Paterno’s involvement. The pat storyline  became, everybody, Paterno included, knew pretty much what Sandusky was up to.  And they all kind of conspired to cover it up to protect the image of the  football program at Penn State.”

“And you don’t think that’s true?” Leno asked.

“I  think that Paterno was negligent,” answered Costas. “I think he should have  recognized what was going on because the warning signals were there. But, having  read the Freeh report, and then having read some of what’s been put out to  refute it, I don’t buy the idea that he was actively involved in a  cover-up.”



What Did Spanier Know and When?

Penn State’s leadership kept the university’s public information director out of the loop about Jerry Sandusky between a media inquiry in 2010 until “all hell broke loose” in November 2011 with the release of the grand jury presentment, the employee testified Tuesday.

“Our office had no idea,” said Lisa Powers, the university’s top spokeswoman whose duty is to promote its positive image.

“We did not anticipate the presentment, we did not anticipate the fallout, and we were inundated with media from everywhere,” Powers said. “I didn’t answer my phone, and I couldn’t answer my email. There were just too many of them.”

Powers testified that she was one of several people who got an email in September 2010 from a Harrisburg Patriot-News reporter asking if anyone knew of any investigation into Sandusky. The email was sent by blind carbon copy, or bcc, to Spanier, Powers and another spokesman, Bill Mahon.

Spanier responded about an hour after receiving the email: “I haven’t heard this. Can you tell me more?” The reporter never responded, Powers said.

Powers testified she spoke with another employee who had found something about Sandusky touching boys that was posted on an online message board on a bodybuilder’s website. Powers said she and the employee noted the title of Sandusky’s autobiography, “Touched,” but when Powers went to find the message board, the comment had been removed.

Powers said she learned of another potential Sandusky-related issue when she was told that the reporter had camped outside the home of former Penn State police chief Thomas Harmon, who retired in 2005.

Powers said she was told by Al Horvath –— then the university’s senior vice president for finance and business — there was an investigation into Sandusky, but it had been closed.

The prosecution presented an email by Spanier to Horvath that Powers was only given enough information so she could field media inquiries without “exacerbating the situation.”

Powers testified she received another media inquiry in March 2011 about Sandusky, to which Powers responded the university didn’t know about any investigation and that Sandusky was a former Penn State employee who retired 10 years earlier.

Then, in late March 2011, when a grand jury investigation into Sandusky was revealed in a news report, Powers learned that senior leadership had gone to testify to the grand jury.

Caught off-guard, Powers sought information about the grand jury process from Cynthia Baldwin, who was then the university’s general counsel.

According to Powers’ testimony, Baldwin made the news report out to be a non-issue. Powers said Baldwin told her the grand jury investigation was a “fishing expedition” and had convened three times before and found nothing.

Powers said she was concerned that senior administrators had testified, but Baldwin never mentioned her role in accompanying Curley, Schultz or Spanier to the grand jury.

Seven months later, on Oct. 28, 2011, Powers was called into a meeting with Spanier, Baldwin, Mahon and the trustees chairman at the time, Steve Garban.

She testified she was told that a presentment was coming, and that Curley and Schultz may be indicted on perjury charges.

More Than 300 Former Penn State Players, Coaches Support Challenge to NCAA

More than 325 former Penn State football players have joined in support of a recent lawsuit filed against the NCAA.

The Paterno family, members of Penn State’s board of trustees and faculty and former players and coaches filed their suit last month alleging unlawful conduct by the NCAA in sanctioning the athletic department.

The suit seeks to overturn last July’s sanctions, calling the NCAA’s actions an “improper interference in and gross mishandling of a criminal matter that falls far outside the scope of their authority.”

Joe Paterno and the entire Penn State football program have been used as scapegoats in this horrible tragedy,” Masella said in a statement. “When the NCAA neglected to conduct their own investigation, and used the flawed Freeh Report as the judge and jury, they further prevented an opportunity to get to the real truth, and in turn, punished a generation ofPenn State players, students, and supporters who had nothing whatsoever to do with Jerry Sandusky.”

The following players and coaches support the May 30 lawsuit challenging the NCAA sanctions against Penn State.

•  Robert Belus
•  Frank Della Penna
•  Charles Chick King
•  Ron Markiewicz
•  Fran “Bucky” Paolone
•  Don Ryan
•  John Jack Urban
•  Dick Anderson
•  Steve Bezna
•  Bob Capretto
•  Jack Curry
•  Alan Delmonaco
•  Gerry Farkas
•  Chuck Franzetta
•  Ed Gabirel
•  Tony Gebicki
•  James Graham
•  Warren Hartenstine
•  Michael Irwin
•  Robert Kline
•  George Kulka
•  John Kulka
•  Jon Lang
•  Ed Lenda
•  Linc Lincoln Lippincott
•  Jim Litterelle
•  Thomas Mairs
•  James McCormick
•  Thomas McGrath
•  Dave McNaughton
•  Donald Miller
•  Hank Oppermann
•  Bill Rettig
•  Dave Rowe
•  Ted Sebastianelli
•  Gary Shaffer
•  Steve Smear
•  Dave Truitt
•  Frank Waresak
•  Chris Weber
•  Walt Addie
•  Russell Albert
•  Kurt Allerman
•  Ferris Atty
•  Jeff Behm
•  David Bland
•  Jeff H. Bleamer
•  Jim Bradley
•  Tom Bradley
•  Richard M. Brown
•  Chuck Burkhart
•  John W. Bush
•  Greg Buttle
•  Robert Campbell
•  Michael Cappelletti
•  Richard F. Caravella
•  Joseph V. Carlozo
•  Charles Chiampi
•  Thomas Greg Christian
•  Craig Coder
•  Ron Coder
•  Mike Conforto
•  F. Len Consalvo
•  Bill Crummy
•  Steven A. Davis
•  Chris Devlin
•  Joe Diange
•  Thomas F. Donchez
•  Rocco English
•  Scott Fitzkee
•  Chuck Fusina
•  Paul Gabel
•  Steve Geise
•  Doneal Gersh
•  Bill Glennon
•  Tony Gordon
•  David F. Graf
•  Mike Guman
•  Brian Hand
•  Franco Harris
•  Scott Hettinger
•  Ron Hileman
•  Ron Hostetler
•  Thomas M. Hull
•  Neil Hutton
•  David W. Klock
•  Bob Knechtel
•  Richard A. Knechtel
•  Joe Lally
•  Philip F. LaPorta
•  John R. Lewchenko
•  Larry J. Ludwig
•  Mark J. Markovich
•  Brian Masella
•  Rich Mauti
•  Richard McClure
•  Lance Mehl
•  D. Scott Mitchell
•  Guy Montecalvo
•  Robert Nagle
•  Daniel F. Natale
•  Richard N. Nichols
•  Thomas Odell
•  Michael A. Orsini M.D.
•  Woody Petchel, Jr.
•  Carlos Quirch
•  Tom Rafferty
•  Joel Ramich
•  John M. Reihner
•  Paul Renaud
•  Robert Rickenbach
•  James E. Rosecrans
•  George SanFilippo
•  Carl Schaukowitch
•  Bernard Shalvey
•  Tom L. Shoemaker
•  Micky Shuler Sr
•  Tom Shuman
•  John Skorupan
•  Steven E. Stilley
•  Donald P. Tarosky
•  Raymond Tesner
•  Gary R. Tyler
•  Alberto Vitiello
•  Marshall Wagner
•  Dan Wallace
•  Alex Wasilov
•  Franklin Frog Williams
•  John Williams
•  Thomas J. Williams
•  Charles Wilson
•  Roger Alexander
•  Michael Arnold
•  Walker Lee Ashley
•  Mark Battaglia
•  Trey Bauer
•  Jeff Bergstrom
•  Todd Blackledge
•  Scott Bouslough
•  Kirk Bowman
•  Don Brinsky
•  Tim Bronish
•  Keith Brown
•  Jeff Brunie
•  Jeff Butya
•  Drew Bycoskie
•  Mark Cherewka
•  Chris Clauss
•  Joel Coles
•  Bill Contz
•  Tom Couch
•  Troy Cromwell
•  Peter Curkendall
•  Rich D’Amico
•  John DePasqua
•  Dwayne Downing
•  Michael Dunlay
•  Thomas Durant
•  Eric Etze
•  Craig Fiedler
•  Tim Freeman
•  Mark Fruehan
•  Brennan Gaertner
•  Mark Galimberti
•  Mike Garrett
•  Gene Gladys
•  Scott Gob
•  Nick Haden
•  Lance Hamilton
•  Albert Harris
•  Greg Hay
•  Stu Helgeson
•  Joseph Hines
•  John Hornyak
•  Randy Huttenberger
•  Timothy Janocko
•  Joe Johns
•  Eddie Johnson
•  Greg Jones
•  Keith Karpinski
•  Ken Kelley
•  Matt Knizner
•  Rich Kuzy
•  Massimo Manca
•  Kirk Martin
•  Carmen Masciantonio
•  Brian McCann
•  Matt McCartin
•  Donald Jay McCormick
•  Shawn McNamara
•  Mike Meade
•  Rob Mikulski
•  Dan Morgan
•  Bob Ontko
•  Aoatoa Polamalu
•  Bobby Polito
•  Ed Pryts
•  Scott Radecic
•  Terry Rakowski
•  Kevin Romango
•  Dwayne Rush
•  Michael Russo
•  Rich Schonewolf
•  John Shaffer
•  Brian Siverling
•  Patrick Slater
•  Rob Smith
•  Pete Speros
•  Joseph Strycharz
•  Mike Suter
•  Tim Sweeney
•  John Walsh
•  Darryl Washington
•  Steve Wisniewski
•  Jeff Woofter
•  Jeff Anderson
•  John Andress
•  Steve Babinchak
•  Michael Barninger
•  Tom Bill
•  Dave Brzenchek
•  Mike Carroll
•  Robert Ceh
•  Kerry Collins
•  Brett Conway
•  Bob Daman
•  Maurice Daniels
•  Daniel Drogan
•  Adam Fahrer
•  Douglas Farren
•  Gerald Filardi
•  Derek Fox
•  Reggie Givens
•  Rudolph Glocker
•  Ryan Grube
•  Shelly Hammonds
•  Jeff Hartings
•  Leonard Humphries
•  Greg Huntington
•  Chad Linnon
•  Rob Luedeke
•  Mike Malinoski
•  Joe Markiewicz
•  Christian Marrone
•  Tony Matesic
•  OJ McDuffie
•  Tom Molnar
•  Joe Nastasi
•  Kevin O’Keefe
•  Brian O’Neal
•  Brandon Palmer
•  Ryan Seese
•  Brandon Short
•  Dave Smith
•  Terry Smith
•  Vincent Stewart
•  Lance Antolick
•  Jason Bisson
•  Mike Blosser
•  Jeremy Boone
•  James Boyd
•  Brian Brozeski
•  Dorian Burton
•  Gino Capone
•  Daryll Clark
•  Brennan Coakley
•  Dan Corrado
•  Jeremiah Davis
•  Steven Delich
•  Larry Federoff
•  Gus Felder
•  Shamar Finney
•  Eric Flohr
•  Joshua Gaines
•  Phil Gardill
•  Nathan Glunt
•  Ryan Gmerek
•  Tom Golarz
•  Andrew Guman
•  Benjamin Gummo
•  Joe Hartings
•  Erik Holt
•  Tom Humphrey
•  Justin Ingram
•  Joe Iorio
•  Cedric Jeffries
•  Bryant Johnson
•  Michael Johnson
•  Bobby Jones
•  Jim Kanuch
•  Brad Karson
•  Ben Lago
•  Kevion Latham
•  Tyler Lenda
•  Mike Lukac
•  Jordan Lyons
•  Nick Marmo
•  Shawn Mayer
•  Anthony Morelli
•  Jordan Norwood
•  Anwar Phillips
•  Andrew Pitz
•  Paul Posluszny
•  Curt Reese
•  Matthew Rice
•  David Royer
•  Bryan Scott
•  Ryan Scott
•  AQ Shipley
•  Mickey Shuler
•  Jonathan Stewart
•  Nick Sukay
•  Tyler Valoczki
•  Casey Williams
•  Thomas Williams
•  Michael Yancich
•  Alan Zemaitis
Coaches and staff
•  Dick Anderson
•  John Bove
•  Booker Brooks
•  Craig Cirbus
•  Don Carlino
•  Raymond J. Horan
•  George Salvaterra

Editorial Comment–“We are Penn State, and we want the truth.  We are standing behind our traditions, values, and motto of Success with Honor–Joe Paterno’s “Grand Experiement”  that now graduates more Division 1 Football players than any other University!”–Myke Triebold

Tom Harmon: Person of Interest

By Ray Blehar

Most of the documents that have been confirmed as missing from the Freeh Report involve correspondence and/or communications between Schultz and Harmon. First the only thing missing from the 2001 case is a communication about the 1998 case. 
End Note 304:  Schultz confidential file note (5-1-12).  Schultz contacts Harmon to inquire about the 1998 file on 2/12/2001.

Tom Harmon and the 1998 Sandusky Case

There is much more to the story of Tom Harmon than the Freeh investigation and report revealed – especially when it’s viewed in the following context.
1.  He lived on the same street as Jerry Sandusky back in the late 70s (Norle Street).
2.  He attended the same church as Sandusky (St. Paul’s United Methodist Church).
3.  He made the decision to file the 1998 police investigation as administrative information to avoid discovery of the investigation by the press.
4.  On May 8, Harmon informed Schultz that DPW was bringing in a psychologist.
And this is the first clue about something off track about 1998.
The police file, below, shows  the date that Schreffler requested the evaluation be delayed was changed from May 8 to May 5.  However, it was not possible for Schreffler to make this call at 11:20AM on May 5, 1998 because Lauro didn’t become a party to the investigation until 1:55PM on May 5, 1998 (see page 8 of the police report).   This is a definite alteration. Two other times regarding the interview are changed (note the canting of the numbers), making absolutely no sense from a chronological standpoint.  Finally, the last date on the page is out of order. However, the latter aligns properly and was likely just an oversight by Schreffler in not adding it chronologically.   Regardless, more investigation is needed to determine who made the alterations and why.
5.  At Exhibit 2B, Harmon informed Schultz that a psychologist had interviewed the child.  Note: Exhibit 2B also shows signs of alterations – the time date stamps are out of order.
6.  Harmon, at the preliminary perjury hearing in December 2011, denied knowledge of any psychologists interviewing the children (page 127).
7.  Within two hours of Schreffler’s June 1, 1998 interview with Sandusky, Harmon e-mailed Schultz to inform him there would be no charges (Freeh Report, Exhibit 2B).
8.  Harmon, at the preliminary perjury hearing stated he never personally discussed the 1998 case with District Attorney, Ray Gricar or Assistant District Attorney J. Karen Arnold.
9.  Harmon, at the preliminary perjury hearing, stated he was informed by Schreffler that DA Gricar closed the case (page 120).

Who Really Closed the 1998 Case?

The closure of this case is interesting for a number of reasons.  First, the Freeh Report equivocates on when Harmon was informed of Gricar closing the case, stating it happened between May 27 and June 1, 1998.  Freeh’s reference for the date is the Preliminary Perjury Hearing, at which Harmon made no reference to the May 27th date.
Why is that date included?  Well, let’s keep peeling back the onion….
Clearly, Schreffler was still investigating the case on June 1st and the police file indicates he closed the case AFTER he interviewed Sandusky.  Thus, if there is debate about when the case was closed, it should be about was it closed June 1 or was it closed later?
Exhibit 2D is proof (as much as we can trust Freeh’s evidence) that Harmon e-mailed Schultz on June 1st to say the case was closed — but did he really get that message from Schreffler, who was relaying it from Gricar?
I ask that question because DA Ray Gricar was notorious at reviewing all of the evidence before deciding to charge or not charge a case.
Based on the police report, Schreffler interviewed Sandusky at 11AM on June 1st.  Allowing a half hour for the interview, that leaves 1.5 hours for Schreffler to immediately go to his desk, type out his report, get it approved by Wayne Weaver, fax it or drive it over to the DA’s office, have Gricar review it, and then call or tell Harmon that Gricar wasn’t going to press charges.
Uh, yeah.  That didn’t happen.  The police report was 94 pages long and had to be completed, then reviewed by two people.
Of course, Gricar also would have also wanted to review the DPW report as well, given his penchant for wanting to know the details of the cases (even summary offenses).
So, this timeline of events, involving the closure of the 1998 investigation – and particularly the timing of the phone call from Harmon to Schultz closing the 1998 case – doesn’t add up.
However, in an interview with the Pittsburgh Post-Gazette, Schreffler stated the order to close the case came from the DA and that Gricar gave no explanation.  But the story continues…
At the time, Mr. Gricar spoke to Mr. Schreffler’s police chief, Tom Harmon, and that was it.
Harmon testified under oath that Schreffler informed him that Gricar closed the case.
Schreffler told the Post-Gazette that Harmon talked to Gricar.
Harmon testified under oath that he never personally discussed the case with Gricar.  And he also testified that he didn’t know of psychologists being consulted during the investigation.
Based on everything written above -as well as the altered police report – we need some straight answers from Tom Harmon.
And the answer I want to know the most is….
….did the call to close the 1998 case come from Bellefonte or did it come from Harrisburg?

Trustees Respond to Criticism of Lawsuit

Recently, a fellow member of the Penn State Board of Trustees, Keith Eckel, wrote an editorial in which he criticized a “well-funded and highly vocal constituency” that, in his view, has employed a “burn it all to the ground” approach to the business of the university.

While it is not entirely clear who Mr. Eckel is referring to in expressing his views, as the five current Trustees who recently joined a legal action against the NCAA and its President, Mark Emmert, we feel obliged to respond.

We as trustees support the governance changes and improvements that were recommended by Louis Freeh in his report, are being implemented at Penn State, and monitored by Senator George Mitchell.


Institutions must grow and adapt to changing times and challenging circumstances and we are proud to be part of that effort at Penn State.  We certainly do not subscribe to the “burn it the ground” approach of which Mr. Eckel speaks in his piece.

Our issue, and the reason we have joined others from the Penn State community in the recently filed legal action, is the complete failure of due process afforded Penn State by the NCAA.

Under its own constitution and bylaws, the Association owed Penn State certain fundamental rights and the adherence to rules and procedures designed to provide fairness to a member institution.  These rights were not only due to the University, but to intended beneficiaries of the membership agreement, including student-athletes, coaches, faculty and administrators.

In discharging our legal and fiduciary responsibilities as trustees, it is not incompatible that we may challenge and seek relief from the unprecedented and unlawful actions of the NCAA, and at the same time embrace the governance improvements that have arisen therefrom.

It comes down a distinction between the flawed and unsupported factual findings contained in the Freeh Report leading to the rushed imposition of crippling sanctions against Penn State — which we do not accept, and the Freeh Report’s recommendations for improved governance, leading to an enhanced environment for learning and academic pursuits at this great institution — which we enthusiastically accept and support.

Al Clemens

Peter A. Khoury

Anthony P. Lubrano

Ryan J. McCombie

Adam J. Taliaferro

Bob Costas Interview with Thornburg, Soller, MGinn

By Matt Morgan — mmorgan@centredaily.com

                                    Representatives of the family of the late Joe Paterno said the family will sue the NCAA over sanctions against Penn State in the wake of the Jerry Sandusky child sex abuse trial.

Paterno family lawyer Wick Sollers, Paterno family spokesman Dan McGinn and former U.S. Attorney General Dick Thornburgh announced the lawsuit late Wednesday on the NBC Sports Network program “Costas Tonight.”

The suit, to be filed Thursday in Centre County court, will challenge the NCAA, President Mark Emmert and the former chairman of the executive committee, Edward Ray, concerning the consent decree that led to heavy penalties against the university last summer. An exclusive interview aired close to midnight Wednesday.

The suit seeks to overturn the sanctions, provide compensatory and punitive damages from the NCAA for improper conduct and breach of contract and reimbursement for legal costs, according to a news release from the family. The family will donate any net monetary gains to charity.

The six counts against the NCAA include breach of contract, civil conspiracy, defamation and commercial disparagement.

Sollers said on the show that the complete adoption of the Louis Freeh report and the binding nature of the consent decree needs to be challenged. The consent decree bound the university to sanctions including a $60 million fine, scholarship reductions, a four-year bowl ban and the loss of more than 100 wins for the football program.

“The reality is that consent decree was imposed through coercion and threats behind the scenes and there was no ability for anyone to get redress,” Sollers said. “There was no board approval, there was no transparency, and there was no consideration of this consent decree.”

Host Bob Costas also re-examined the Freeh report as it relates to Paterno.

The family challenged the Freeh report in February, with individual reports from Sollers, Thornburgh, former FBI profiler Jim Clemente and Fred Berlin, an expert on sexual disorders.

The suit will also include Penn State trustees Ryan McCombie, Anthony Lubrano, Alvin Clemens, Peter Khoury and Adam Taliaferro, faculty members Peter Bordi, Terry Engelder, Spencer Niles and John O’Donnell former players Anthony Adams, Gerald Cadogan, Shamar Finney, Justin Kurpeikis, Richard Gardner, Josh Gaines, Patrick Mauti, Anwar Phillips and Michael Robinson and former coaches William Kenney and Jay Paterno, according to the release.

Penn State as a whole will not take part, spokesman Dave LaTorre wrote in an email Wednesday afternoon.

“The university is not a party to any lawsuit against the NCAA that may be filed by the Paterno family,” he said.

LaTorre said Penn State remains committed to complying with the consent decree regarding the NCAA sanctions against the school and working with athletics integrity monitor George Mitchell to move the university forward.

McGinn said the suit will help to “correct the record.”

“When I speak of the damage, it’s not just to the Paterno family, the Paterno name; it is to Penn State, a great institution that has a great history and tradition in sports,” he says on the show. “It’s to the alums there, the students, the faculty, and the community. The NCAA wreaked enormous damage to this community, and this is just one way to get the record right.”

Attorneys representing the plaintiffs are Wick Sollers, managing partner of King & Spalding’s Washington, D.C., office and Paul Kelly, a partner in the Boston office of the Jackson Lewis firm.

The NCAA declined comment Wednesday, Chief Legal Officer Donald Remy said in a statement. He said the organization will continue to work with Penn State toward successful completion of the agreement.

Editorial Note:  NCAA and Mark Emmert were invited to show and declined to appear.  Bob Costas invited them again to participate in a discussion.  Bob Costas also appeared this morning on Joe in the Morning on MSNBC to discuss the interview.

Paterno Family to File Lawsuit against the NCAA

Representatives of the family of late Penn State football coach Joe Paterno tonight are expected to announce a lawsuit against the NCAA filed on behalf of the Paterno family and Penn State, according to a report in The (Harrisburg) Patriot-News.

The announcement will come on Bob Costas’ “Costas Tonight” show on the NBC Sports Network after the Red Wings-Blackhawks hockey game. Paterno family attorney Wick Sollers, former Pennsylvania Gov. Dick Thornburgh and Paterno family spokesman Dan McGinn are expected to appear on the show, an NBC spokesman told The Patriot-News. Costas also reportedly will discuss the Freeh report and question its validity on the show. Thornburgh, the former U.S. attorney general, contributed to the Paterno family’s review of the Freeh report.
The Paterno family lawsuit comes after Pennsylvania Gov. Tom Corbett filed an antitrust lawsuit against the NCAA about the severe sanctions imposed on Penn State and its football program in the wake of the Jerry Sandusky sex abuse scandal. Corbett will learn in the next few weeks whether his lawsuit will be allowed to continue.
A Pennsylvania state senator also has filed a lawsuit against the NCAA seeking to keep all proceeds from the $60 million fine imposed on the university within the state for use.
The university itself is not involved in any of the lawsuits. Penn State signed a consent decree last summer accepting the NCAA sanctions on the school and the football program.