NCAA files motion to intervene in FBI college basketball case

This story was updated to include the most recent court documents filed and to clarify that a judge has not ruled on the NCAA's motion.

The NCAA on Thursday asked for permission to intervene in a federal court case related to the FBI's college basketball investigation.

Since the October conclusion of a trial that saw three men convicted of fraud for their roles in the pay-to-play scheme involving multiple college basketball programs including the University of Louisville, the NCAA has been attempting to gather more information to use in its own investigation. 

Thursday's motion was filed in the Southern District of New York "for the limited purpose of obtaining materials," including 24 trial exhibits and an unredacted copy of a sentencing memorandum for defendant Jim Gatto. 

"Although not a party to the case, the NCAA has a strong interest in the proceedings given the role its rules played at trial and its responsibility to enforce those rules," the motion reads. "The requested materials will permit the NCAA to investigate potential rule violations, take enforcement action if warranted, and consider reforms to prevent future violations."

MORE:Prosecutors demand jail time for men convicted in FBI basketball trial

NCAA attorneys emphasized that they are not seeking every piece of information the government collected in its investigation. The request asks only for “access to twenty-four exhibits that were the subject of admissibility disputes, used to refresh the recollection of witnesses, or otherwise discussed by the parties on the public record during the trial, in addition to (Gatto’s) unredacted sentencing memorandum.”

The motion identifies the trial exhibits by reference numbers. Some of the numbers correspond with exhibits including text messages between former Louisville coach Rick Pitino and assistant Kenny Johnson; a recorded call between defendant Christian Dawkins and former Louisville assistant Jordan Fair; and testimony from Brian Bowen Sr., the father of ex-Louisville recruit Brian "Tugs" Bowen.

The public has a right to access those materials, the NCAA argued, and there is no reason to withhold them now that the trial is complete.

Earlier Thursday, Judge Lewis A. Kaplan instructed the NCAA to submit a detailed motion electronically outlining its argument to be added as an intervenor.

"Any such motion shall address the question whether intervention in a criminal case is permissible," Kaplan wrote.

The NCAA obliged, and Kaplan will now have to consider whether to grant or deny the motion.

Thursday's action came after Yahoo Sports reported the NCAA was weighing taking legal action earlier this week. NCAA chief legal officer Donald Remy said the FBI had been slow to turn over any information to the NCAA beyond what was made public at the trial.

MORE:High-profile college basketball coaches will reportedly be subpoenaed in FBI case

Earlier this week, federal prosecutors submitted sentencing recommendations demanding jail time for the three defendants: Adidas executive James “Jim” Gatto, former Adidas consultant Merl Code and former runner Christian Dawkins. Official sentencing is scheduled for Tuesday. 

Follow the Louisville Courier Journal's Danielle Lerner on Twitter @Danielle_Lerner.