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Dariusgate probe widening?

Tiny by knickfan on

I haven't seen any reference to this story posted anywhere here yet. If I missed it, please accept my apologies and go ahead and delete forthwith. However, I feel it has important - albeit troubling - implications for the Blazer franchise and is therefore worthy of note.

Last week, in the comments section of Ben's post about Miles' suspension for the use of diet pills, I wrote about the disturbing ethical implications of Portland's possible complicity in how Miles' confidential medical information was leaked to the press. In my comment, I wrote:

If it does come out that the Blazers were the party responsible for leaking word of Miles’ suspension to the public-at-large, I’m afraid it would reflect extremely poorly on the team. Not only would they have violated Miles’ right to have his medical information kept private, but it would appear to have been done with the intent of deterring other teams from giving him a chance.

Now, according to the Trib's Dwight Jaynes, the Blazers may be subject to investigation for "violation of federal regulations in regard to public comments about the medical condition of former player Darius Miles." In this case, the "public comments" in question were not related to the details of Miles' substance abuse suspension. Rather, the concern appears to be that Pritchard may have been too free and easy in disclosing the particulars of Miles' knee injury to the press. Jaynes writes:

The problem for Pritchard and the Blazers is that those statements could be a violation of the privacy provisions of the Health Insurance Portability and Availability Act of 1996 (HIPAA). Since the HIPAA privacy rule went into effect on April 14, 2003, pro and college teams in all sports have been very reluctant to reveal specific details of player injuries without the permission of the player.

Why would the Blazers risk possible charges of violating federal law? Again, Jaynes:

Obviously, [the] incentive for the Blazers [is] to hope Miles never plays again. And perhaps an incentive for the team to be as negative as possible in describing Miles’ chances of ever playing again — thereby discouraging other teams from taking a chance on him.

I had speculated in my comments on Ben's post that this may indeed have been the Blazers' incentive for leaking news of Miles' substance abuse suspension.  Obviously, I am not privy to high level discussions in the Blazers' front office so I have no idea if this is true or not. But whatever the motivations, this whole situation is beginning to stink to high heaven. It seems that at the very least, the team may be guilty of a HIPAA violation, no trivial matter. And, at the worst, the team might also be guilty of employing underhanded tactics to hinder a player from pursuing his career on another team.

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John C on BFT

Talked about this for about a hour on friday. http://955thegame.com/Portals/0/media/BFT7-25-08HR1.mp3
He said this was just Miles agent desperately trying to get the Blazers to stop talking about how hurt Darius is so he can sign with another team. JC said Darius is having trouble getting back into the league and his agent is using Jaynes. There is no chance of anything happening to KP or the Blazers. NBA teams have something in the contracts they have with the players that allows them to report on injuries. Thats what I got out of the segment. Where there is smoke there is not fire in this case.

Bayless4Ever

by Sabonis4Ever on Jul 26, 2008 9:30 AM PDT   0 recs

I remember your post

and I tried to do a little sleuthing at that time because I was concerned about your comment that the Blazer’s leaked word of the suspension. I never found evidence of just how the word got out – all I could find was that the NBA had sent email with the info to each team. None of the media said how THEY got the information … was it a leak or did they get the memo too?

Leak or plant, if it is something that was to have been kept quiet then if the Blazers were behind it I don’t like it.

OK, S4E’s post just appeared. I can’t take Canzano seriously as he has misstated things in the past (like the Rose Garden was two weeks from being renamed – about 9 months ago).

I cannot comment about contracts because I don’t know what is in them. However, Miles is no longer a Blazer … but there is obviously still something that ties him to them because of the “if he plays” salary issue. If that affects the release of information, I don’t know.

I don’t know if KP is violating HIPPA info … If he was told such by a Dr. then the DR is violating HIPPA, not KP. How HIPPA relates to release of info in a contract I don’t know. I also do not know what sort of things can result from these violations. One story said Miles might sue … but who he would sue and for what reason is unclear.

I just think it is much too convoluted for we mere fans to try to untangle without much more information. (And that goes for Canzano and other media people too.)

"We, as Blazer fans, are perhaps the luckiest fans in the league."-Idog1976, July 19.

by jorga on Jul 26, 2008 9:41 AM PDT   0 recs

the team dr is responsible to the team?

that would mean that its ok to discuss with the team. if the team took this further…...

"Doing research= good
Making up things=bad."

---jksnake99

by ptwnblzr on Jul 26, 2008 7:28 PM PDT to parent up   0 recs

The handling of the Dr. Darius Affair has stunk from day one...

.................................. and it continues to stink. Everybody is so happy with the change of culture and the draft-day expertise of KP that they’re all to eager to ignore the way the Miles injury was handled: the news blackout from team officials and employees and the beholden beat journalists spoke volumes to anyone paying attention.

This whole deal smells like a dirty sock.

t

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 9:52 AM PDT   0 recs

Grrrrr, all TOO eager...... My least favorite typo!

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 9:52 AM PDT to parent up   0 recs

But you beat me to it. to too two

"Besides, AnntheFan will be here any minute to #25 you." T Darkstar

by annthefan on Jul 26, 2008 7:37 PM PDT to parent up   0 recs

................................ and you owe me another quarter!

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 8:09 PM PDT to parent up   0 recs

Ha! Mugged you in the alley once again. Hand over that wallet!

"Besides, AnntheFan will be here any minute to #25 you." T Darkstar

by annthefan on Jul 26, 2008 8:24 PM PDT to parent up   1 recs

Jaynes is just trying to stir up some more BS

which is typical of him. Jaynes is horrible and should be treated as such. In my opinion anyway. I am not worried at all about Darius Miles. I’m more worried about people buying into Jaynes’ crap and getting all worried about it.

by Mike-Fu on Jul 26, 2008 9:52 AM PDT   0 recs

you win the strangest avatar prize

caricature is in the mail.

Bayless4Ever

by Sabonis4Ever on Jul 26, 2008 9:59 AM PDT to parent up   0 recs

Thanks. slightly OT what do

you think Arvydas is doing right this very minute?

by Mike-Fu on Jul 26, 2008 10:02 AM PDT to parent up   0 recs

haha

I couldn’t tell what it was until I clicked on it… oh, man. I’m glad I did.

Jerryd Bayless has two emotions: Kill and Win.

"I think it’s going to be very beautiful game next year."
-Nicolas Batum

by rockingharder on Jul 26, 2008 8:28 PM PDT to parent up   0 recs

I still think Quality Pie's avatar wins that honor

but yours is a close second, Mike-Fu.

Asked his specialty in the kitchen, Oden paused and said, "Hamburger Helper and tuna fish."

by MiledAnimal on Jul 26, 2008 8:54 PM PDT to parent up   0 recs

Uhhh, it's not BS

I’m no fan of Dwight Jaynes, but this is a serious story. Here’s why:

At the time of Miles’ “medical retirement,” the worst case scenario for the Blazers was (1) Darius signs on with another team; (2) he plays the minimum ten games and (3) his remaining salary obligations would once again be counted against Portland’s cap.

Reading between the lines of Jaynes’ piece, this sequence of events could now be considered a best case scenario for the Blazers. As Jaynes notes:

If he does not sign with another team, there is an expectation that Miles could file a grievance with the league and also file a suit against the Blazers for attempting to restrict the player’s ability to find a job.

I’m guessing that a suit by Miles could also trigger a federal probe into possible HIPAA violations by Pritchard and the Blazers. This wouldn’t be pretty, to say the least. So now the team would appear to be in the rather incongruous position of actually hoping that Miles catches on somewhere else.

Look, I know that a lot of people here don’t like Darius. You think he’s a low-life dirtbag. I get that. But that’s beside the point. Patient confidentiality is a big deal. Anyone who has ever worked in any medical office has that drummed into them the minute they begin their employment. And rightly so. Nobody here would want the details of their medical issues available made public – especially not to potential employers while you’re out looking for a job.

I realize how strong the Kult of KP is on this site. But it really looks like your man may have screwed the pooch on this one. And, in the end, the saddest part of this may not even come down to the question of any criminal or civil penalties that may be assessed on the team. Paul Allen’s purse will blunt any pain on that score. The real damage, as timbo noted above, would be to cast all of the recent happy talk about the team’s commitment to a sparkling new culture in a somewhat hypocritical light.

by knickfan on Jul 26, 2008 10:22 AM PDT to parent up   1 recs

The HIPAA stuff is for real

I don’t contest that, for sure.

I wonder if most, if not all, of the details of Miles injury were already publicly known.

The reports from the injuries, the press reporting on it, the details available from the league office and players union, everyone knew that Darius had bad microfracture surgery and would possibly need a knee replacement.

If KP is saying stuff that was already publically known, he won’t get in trouble.

He should just shut up though.

Mortimer

by Mortimer on Jul 26, 2008 10:31 AM PDT to parent up   0 recs

Problem is, you can sue anybody for anything...

If KP is saying stuff that was already publically known, he won’t get in trouble.

Too late, I suspect…

t

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 10:32 AM PDT to parent up   0 recs

You can sue for anything

You can’t win for anything, and sueing won’t be free for Darius.

It will cost a lot of money to do this and the payoff isn’t guaranteed by a longshot.

Mortymurr

by Mortimer on Jul 26, 2008 10:34 AM PDT to parent up   0 recs

Darius is a multi-milliionaire...

................................. I think he can afford court costs. His lawyers would be working for a potential one-third of a mega-payout.

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 10:36 AM PDT to parent up   0 recs

But not at that level

Lawyers who can tackle PA’s lawyers ain’t working for free and costs hundreds an hour and will bill Darius out the wazoo.

It is way too expensive for too lil’ of a chance of payout.

Mortke

by Mortimer on Jul 26, 2008 10:39 AM PDT to parent up   0 recs

Darius $100 bills...

...may become limited, for stuffin’ into “G-Straps!

Elizabeth had a partner and he had a rap from the cops, Him and Lenny Suckerpunch were just out Tooling around

by Lizzy Lowblow on Jul 26, 2008 9:53 PM PDT to parent up   0 recs

I thought he stuffed them into G-strings?

I want to be tucked in by Greg Oden and have him tell us stories about the old days.

by MGNNoah on Jul 26, 2008 10:01 PM PDT to parent up   0 recs

There ya go

tanks a top .

I need to study this a bit more, before postin’ ‘bout it, heehe.

Elizabeth had a partner and he had a rap from the cops, Him and Lenny Suckerpunch were just out Tooling around

by Lizzy Lowblow on Jul 26, 2008 10:03 PM PDT to parent up   0 recs

I heard Darius likes 'em meaty. Hence, G-straps.

"Besides, AnntheFan will be here any minute to #25 you." T Darkstar

by annthefan on Jul 26, 2008 10:04 PM PDT to parent up   0 recs

Ya gots my back Babe

Elizabeth had a partner and he had a rap from the cops, Him and Lenny Suckerpunch were just out Tooling around

by Lizzy Lowblow on Jul 26, 2008 10:05 PM PDT to parent up   0 recs

Always.

"Besides, AnntheFan will be here any minute to #25 you." T Darkstar

by annthefan on Jul 26, 2008 10:06 PM PDT to parent up   0 recs

Awesome...

I want to be tucked in by Greg Oden and have him tell us stories about the old days.

by MGNNoah on Jul 26, 2008 10:09 PM PDT to parent up   0 recs

Forever BEdge

Lizard Blood runs cold.

Elizabeth had a partner and he had a rap from the cops, Him and Lenny Suckerpunch were just out Tooling around

by Lizzy Lowblow on Jul 26, 2008 10:12 PM PDT to parent up   0 recs

The two of you . . .

You’re both G in my book. That would be the “title of endearment:” definition, not the the gangsta definition.

by Corvid on Jul 26, 2008 10:11 PM PDT to parent up   0 recs

the HIPPA stuff is NOT for real

HIPPA is specifically directed to health care providers, and KP is not a health care provider.

Furthermore, there is a specific clause in the CBA that allows teams to disclose to the public the nature and reason why a player is playing.

This whole damn thing is Miles’s agent at work and Jaynes being a muckraker

by moldorf on Jul 27, 2008 9:13 AM PDT to parent up   0 recs

Ehhh it COULD be real

People who work in a pharmacy, but ain’t healthcare providers, are subject to the HIPPAA stuff as well.

Anyone who has access through their job to medical info can’t tell others about it, whether you’re a doctor, cashier, whatever.

HOWEVER, I suspect there are allowances within the NBA contracts that let GMs discuss injuries of their players, since everyone does it in great detail.

Also, the Miles stuff was widely reported and known for the last year or so. KP wasn’t revealing anything new.

Mortimer

by Mortimer on Jul 27, 2008 3:24 PM PDT to parent up   0 recs

What grievance? He still gets paid $18 million over the next two years no matter what

Show me a court that awards a multi-millionaire with more money because his (former) employer might have slightly lowered his chances of earning another million. For Darius, this whole comeback story isn’t foremost about making additional money, no team will pay him more than the minimum.

I would rather expect the insurance company who needs to shoulder a large portion of his paycheck if he stays medically retired to sue the Blazers / NBA for giving out this information. But they won’t, because they want to do more business with them.

Coach, I promise I wasn't running hard ...

by Norsktroll on Jul 26, 2008 10:57 AM PDT to parent up   0 recs

Er du fra Norge?

Jeg har slektninger i Norge …

"These are dreams that we have." --Rudolfo Fernandez

by bfan on Jul 26, 2008 9:17 PM PDT to parent up   0 recs

Um, no I'm not

But travelled there and around Scandinavia a few times. I like the region, friendly people. Friendly trolls ;-)
And my first name is Norwegian.

Coach, I promise I wasn't running hard ...

by Norsktroll on Jul 26, 2008 9:44 PM PDT to parent up   0 recs

Me too: Gudmund.

I hate explaining it to every new person I meet, so mostly I go by a nickname: Goody, which unfortunately requires its own explanation.

"These are dreams that we have." --Rudolfo Fernandez

by bfan on Jul 26, 2008 10:03 PM PDT to parent up   0 recs

What are the potential repercussions?

I’m an employment lawyer, and I have no idea. It seems, though, that KP and/or the Blazers would get hit with a fine, and/or damages, but that’s about it. We’re not talking about anything criminal, right? So as far as the team is concerned, other than losing some of PA’s money, what’s the worst case scenario?

I’m not sure KP wouldn’t rather pay DMiles $1 or $2 mil in damages, pay some HIPAA fines, and keep that cap space. This might have been a calculated decision.

Bayless isn't the second coming of Jordan.
Jordan was the first coming of Bayless.

by KP Corleone on Jul 26, 2008 12:37 PM PDT to parent up   0 recs

I am confused

The motive for the “leak” being to keep other teams from signing Miles doesn’t make sense to me. Wasn’t a letter sent to every team from league covering the suspension anyway! If the league sent a letter then there would be no need for the leak. As far as talking about the injury, the contract almost has to have a provision for that included that waives that right…..teams ….all teams talk about injuries all the time. I am not buying it…I think this a move by Miles’s agent

Homer: "Oh no!! A Bear is eating my father!." (On seeing Selma kissing Grampa)

by 92wastheyear on Jul 26, 2008 10:02 AM PDT   0 recs

Additionally ...

Any team offering a contract to Miles would have a doctor go over that knee with a finetooth comb. So…no conspiracy to keep Miles from playing. Nothing the Blazers did or said would have any effect on wheather Miles got or did not get a contract

Homer: "Oh no!! A Bear is eating my father!." (On seeing Selma kissing Grampa)

by 92wastheyear on Jul 26, 2008 10:33 AM PDT to parent up   0 recs

I don't know all the details, obviously

But I DO know that the reports that Miles would possibly need a knee replacement came some time last year, and KP is just repeating them.

The details for an injury retirement are not totally private, are they? Because most things were widely reported when Miles was rumored to be up for medical retirement.

EVEN STILL, Pritchard needs to just not talk about it. I doubt he’ll get in trouble, but better safe than sorry, and there’s no need to wallow in the mud of this sort of thing. Either Miles plays or he don’t; it won’t hurt us much.

Mortimer

by Mortimer on Jul 26, 2008 10:03 AM PDT   0 recs

My Friend Dari(us)o

My friend Dario has a super mega car
Drives too fast, drives too flash
The noise the wheels make screeching on the tarmac
Echoes in his head, then echoes in his pants

From Ok Cowboy, guessing you’ve listened to Vitalic? This pops into my head when I think of Darius.

You are right, KP should probably stop saying things like “yeah he’ll probably need his knee replaced if he plays, they have to break two bones and take the knee out, I don’t want that to happen to that kid.” I think the FO has handled the situation just fine. From what we’ve seen, it seems like they followed all the procedures. I’m thinking they knew Darius was doomed from the start, so this was their thinking from the beginning. Doubt they would be messing up their evil plan so late in the end game. This isn’t War or the Worlds, or even Signs.

PS, I’m going to make sundress into a BE meme. Did you see the pics of Mary Louise Parker I posted in the Lma+Baybay thread?

Dead Finks Don't Talk
But dead finks don't talk too well
They've got a shaky sense of diction
It's not so much a living hell
It's just a dying fiction

WORD UP. STAY. FRESCO.

by Dheepan on Jul 26, 2008 10:23 AM PDT to parent up   0 recs

Sundresses are sweet

Now I saw them!

Ya know, when Mary Louise-Parker was in her prime and in Benny and Joon and Bad Girls, I did not think she was cute in the slightest and I hated her early 90’s hair.

Now as a 40-something, she got cute! What the hey!

Put anyone in a sundress and a wig and I’ll marry ‘em, no cash down!

Mortimer!

by Mortimer on Jul 26, 2008 10:35 AM PDT to parent up   0 recs

I don't remember her from the 90s

So this is the first time I’ve seen her, but yeah, she’s holding up really well for her age.

Dead Finks Don't Talk
But dead finks don't talk too well
They've got a shaky sense of diction
It's not so much a living hell
It's just a dying fiction

WORD UP. STAY. FRESCO.

by Dheepan on Jul 26, 2008 10:38 AM PDT to parent up   0 recs

Canzano: "Smokescreen"...

............................... “on the internet, not even in a newspaper.”

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 10:06 AM PDT   0 recs

Canzano is OBSESSED with criminal culpability...

................................. as the Blazers will probably find out, it is CIVIL culpability that they’re gonna have to be worried about.

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 10:08 AM PDT to parent up   0 recs

Why not? You're talking about, let's say, 8 years of a career worth potentially $15 million a year...

...................................... That’s a big number.

t

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 10:20 AM PDT to parent up   0 recs

All you've gotta do is prove the Blazers committed illegal acts which kept Miles out of the league...

............................................................. cha-ching!

Lawyers LOVE to go after deep pockets, and we know who has the deepest pockets of all…

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 10:23 AM PDT to parent up   0 recs

Not really... Tort lawyers work on contingency...

.......................................... I think they’d be falling all over themselves for a potential 1/3 of a $100 million payout.

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 10:25 AM PDT to parent up   0 recs

Tort lawyers at that level

And with a rich guy who isn’t all that bright or knowledgable of the legal field…

They’ll suck Darius dry.

Mortimer

by Mortimer on Jul 26, 2008 10:28 AM PDT to parent up   0 recs

Mort, I will bet you ONE AMERICAN DOLLAR...

..................................... that within 2 years Darius Miles files a NINE FIGURE lawsuit against Pritchard, Allen, and the Portland Trailblazers…

t

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 10:30 AM PDT to parent up   0 recs

He could sue, sure

But it won’t be free for Darius is what I’m saying.

And he also isn’t guaranteed he’ll win. He’s gotta also prove he CAN play and KP’s comments were what kept him away from playing.

Darius has had workouts for teams; everyone will see him if they wanna. They didn’t stop inviting him in because of KP’s comments. The damage, if any, is minimal and certainly it would be shown that his KNEE prevents him from playing, not what some non-doctor said in an interview.

Mortimer

by Mortimer on Jul 26, 2008 10:33 AM PDT to parent up   0 recs

No, I don't think he'll win either...

.............................. but the Blazers are now in a VERY PRECARIOUS situation.

I have an allergy to lawyers and my body is covered in hives…

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 10:35 AM PDT to parent up   0 recs

That's true

If there is even a crack at legal wrongdoing the lawyers will be on us like a flock of vultures on carrion.

Dead Finks Don't Talk
But dead finks don't talk too well
They've got a shaky sense of diction
It's not so much a living hell
It's just a dying fiction

WORD UP. STAY. FRESCO.

by Dheepan on Jul 26, 2008 10:36 AM PDT to parent up   0 recs

Haha

My fiancee is a lawyer and so is my papa and so is one of my sisters.

This case, per my understanding and without knowing any more details, is not a strong one for Darius.

If he wasn’t injured, then what KP sez could harm him. Lucky for KP, Darius suffered a career ending injury according to independent docs.

SO, if KP is talking out of school and loose lips are sinking ships, he needs to shut up and he’ll either get in a lil’ bit of trouble OR none at all if he commented on things that are public record in this context.

A case saying that what he is saying is preventing Darius from getting a job won’t win because of Darius’ knee (provided it isn’t a big huge conspiracy and Darius is really truly hurt).

Mortimer

by Mortimer on Jul 26, 2008 10:38 AM PDT to parent up   0 recs

Violating HIPAA...

...normally leads to a fine and a slap on the wrist. Miles wouldn’t be allowed to sue anyone if I understand the situation correctly since the federal law is already dealing with the punishment. Even if Pritchard wasn’t allowed to say stuff about Miles’s knee, the penalty doesn’t mean very much. Obviously, he shouldn’t say anything if Miles didn’t allow him. There are ethical problems with that.

The Miles situation is pretty overblown. There has been no wrongdoing. The Blazers hired the guy who helped Amare make a comeback. They let him use the practice facilities. They waited a full two years like they were supposed to before getting the approved independent doctor. Yes, they wanted Miles gone; they didn’t appear to do anything wrong in making that happen.

by poster on Jul 26, 2008 10:13 AM PDT   0 recs

Violating Hipaa does not normally lead to a fine and slap on the wrist

I f the violation is serious it can lead to the said physician/medical professional losing his or her liscence or accredidation…

Leaders build cultures that create self-esteem, generate and sustain trust, elevate the dignity of work , create community and foster open communication, and finally encourage growth and learning.

-Warren Bennis USC Professor

by BlazerFan1 on Jul 26, 2008 10:54 AM PDT to parent up   0 recs

Timbo is going to be the next billionaire...

developing software that corrects OTHER peoples spelling and grammar so you don’t have to read it.

I want to be tucked in by Greg Oden and have him tell us stories about the old days.

by MGNNoah on Jul 26, 2008 8:42 PM PDT to parent up   0 recs

Nope.

Not a lawyer and don’t play one on TV, but I know that this is wrong:

Miles wouldn’t be allowed to sue anyone if I understand the situation correctly since the federal law is already dealing with the punishment.

"He shoots....................... he scores!!!"

by timbo on Jul 26, 2008 10:19 AM PDT   0 recs

Actually, it does depend if they make it a criminal case and you try to pursue civil charges they will throw it out.

I want to be tucked in by Greg Oden and have him tell us stories about the old days.

by MGNNoah on Jul 26, 2008 8:43 PM PDT to parent up   0 recs

So what happened with OJ?

He was acquitted (if the glove doesn’t fit, you must acquit!!!) of his murder charges, but then held liable in the civil case. Is this any different?

"These are dreams that we have." --Rudolfo Fernandez

by bfan on Jul 26, 2008 8:59 PM PDT to parent up   0 recs

Because he was acquitted I believe. Also it varies by state, and thusly, I may be wrong since it would be a federal case.

I conduct investigations and interrogations for a prominent retailer and close criminal cases. The police will not allow you to do both in Oregon.

I want to be tucked in by Greg Oden and have him tell us stories about the old days.

by MGNNoah on Jul 26, 2008 9:04 PM PDT to parent up   0 recs

"Dariusgate" cracks me up

Everytime someone writes about the situation, the story is full of “if this” and “it that” with a few “coulds” mixed in. It’s very likely we’ll never know the details. Plus, the situation involves a ton of interpreation from lawyers