MIAMI — All-America candidate Lamar Thomas was one of two University of Miami football players indicted by a federal grand jury on Tuesday on charges they fraudulently obtained federal financial aid.
Thomas, the Hurricanes’ leading receiver last season, and reserve running back Jason Marucci will be charged formally on Thursday before U.S. Magistrate Barry Garber. They are the first to be indicted since a federal grand jury launched an investigation into Pell Grant fraud at UM 15 months ago.
Thomas is charged in a five-count indictment. He faces one count of fraudulently obtaining $2,300 in Pell Grants and four counts of falsifying documents, including IRS tax forms.
Marucci is charged in a four-count indictment. He faces two counts of fraudulently obtaining $4,550 in Pell Grants and two counts of falsifying documents.
If convicted Thomas faces a maximum sentence of 25 years in prison and a $1.25 million fine; Marucci faces a maximum penalty of 20 years in prison and a $1 million fine.
It is unclear how the indictment will affect the players’ eligibility with the season opener at Iowa less than three weeks away.
“I’m not going to speculate about their futures until we’ve had an opportunity to hear from their attorneys and until we find out the disposition of their meeting on Thursday,” Athletic Director Dave Maggard said.
It was Black Tuesday at UM. Starting guard Brad Shirey broke his leg in the morning practice. News of the indictments reached UM before the afternoon practice. Thomas was pulled out of a team meeting. Marucci was pulled off the practice field. Both players were told to meet with their attorneys.
Former UM academic adviser Tony Russell is the focus of the federal investigation although he has not been charged. Russell has publicly admitted to falsifying Pell Grant applications. He said he acted alone, and that he deceived students, charging them a non-existent $85 processing fee to finance a cocaine habit.
Federal prosecutors, however, are exploring the possibility that UM players, coaches or other employees aided and abetted in a conspiracy of fraud.
Thomas and Marucci were among 65 students, more than 40 of them football players, who received letters from the U.S. Attorney’s Office on July 2. The letters accused the students of having “knowingly and willfully” committed four criminal violations by making false statements in applying for federal financial aid.
The letter offered students protection from indictment if they successfully completed a pretrial diversion program. The program requires cooperation with the federal investigation — including possible grand jury testimony — and full restitution of fraudulent Pell Grants. The letter said students had 30 days to get in touch with the Pretrial Services Office or face possible indictment.
Federal prosecutors declined to say why Thomas and Marucci were the only students indicted or whether others will be indicted.
“It’s inappropriate for me to comment about cases or investigations which are ongoing,” U.S. Attorney Martin Goldberg said.
However, sources with knowledge of the investigation said Marucci and Thomas were indicted because they failed to meet the 30-day deadline for talking with the Pretrial Services Office.
“We don’t understand what’s happening,” Deborah Marucci, Jason’s mother, said from her Youngstown, Ohio, home. “It’s our understanding that our attorney did respond by the deadline and was looking for an extension.”
Jason Marucci declined to answer questions as he left the football field on Tuesday. He is represented by John Gale, a former Dade judge. Gale could not be reached for comment. Sources close to Gale said that Gale told other attorneys he had talked with the Pretrial Services Office and thought he had met the letter’s requirements.
U.S. Attorney spokesman Dan Gelber said he could not comment on the report or other specifics about the indictment.
“This matter emanated in a legal proceeding and will be resolved in a proceeding and will not be debated in the media,” Gelber said.
Larone Thomas, Lamar’s father, declined to comment when reached at his Gainesville home. He also would not say who was representing his son. Lamar could not be reached for comment.
Thomas, a senior, is accused of falsifying documents by claiming his parents were unmarried and that his father earned no money in 1988. He is also accused of submitting false federal tax returns to verify his statements.
Federal prosecutors said Thomas’ parents were, in fact, married and that they filed a joint statement for $54,000 in income.
Marucci, also a senior, is accused of falsifying documents by reporting that his parents were not married and that his father had received no income in 1988 and 1989. However, the indictment states that his parents were married and that his father received $38,000 in 1988 and $136,000 in 1989.
NCAA officials say they will await conclusion of the legal investigation before acting.
“In this situation, there has been an indictment, nothing more,” said Janet Justus, the NCAA’s director of eligibility. “We haven’t been notified by the institution. Until we hear something from the institution, the athlete will be eligible. An indictment isn’t grounds for ineligible status under NCAA rules, but it might be under the ethics code of the university.”
Maggard said UM recently updated the NCAA as to its knowledge of developments in the Pell Grant investigation and will continue to do so. UM will file a report with the NCAA when the federal inquiry is complete.
“The part that has been difficult for us to answer is that we don’t have all the facts,” Maggard said. “All the facts are not available to us because we have not been involved in the investigation. It’s very speculative.”
UM uncovered the fraud itself and reported it to the Justice Department and NCAA in June 1991.
Coach Dennis Erickson was surprised by the indictment. “I can’t make a comment until I find out more,” he said.
— Staff Writer Craig Barnes contributed to this report.
