Lawyers for former Auburn basketball assistant coach Chuck Person filed a motion to dismiss the indictment against him on six federal charges related to the FBI's investigation into corruption in college basketball, stating "the government cannot turn the NCAA rule book into an appendix of Title 18 of the United States Code."

In a 32-page motion filed Friday in the Southern District of New York, Theresa Trzaskoma argues the indictment against Person does not allege a federal funds bribery scheme or honest services fraud, that those charges are "unconstitutional as applied," there is no allegation of a scheme to defraud Auburn and the government's "theory" as to the wire fraud charge violates due process.

"In this case, the government has singled out certain alleged NCAA rules violations as 'corrupt' and decided to prosecute them as federal crimes," Trzaskoma writes in the motion. The Indictment must be dismissed because the allegations do not support a conviction under any viable theory of criminal liability. To the contrary, each of the government's charges is predicated on a novel theory that is inconsistent with the relevant statutory language and that would impermissibly extend the boundaries of federal criminal law well beyond constitutional limits. ... It is hard to fathom what federal interest is at stake in enforcing the NCAA's amateurism rules."

Person and co-defendant Rashan Michel were among 10 men arrested by the FBI on Sept. 26. Auburn fired Person in October and in November he pleaded not guilty to six charges of bribery, fraud and corruption.

Trzaskoma argues "the bribery and honest services fraud charges are unsustainable" and "the government's wire fraud theory is equally flawed."

Person is accused of receiving $91,500 in bribes from a federal cooperating witness, former Pittsburgh-based financial advisor Marty Blazer, and using his influence over Auburn basketball players to steer them to use Blazer's services.

According to the federal complaint against him, Person told Blazer he gave a total of $18,500 to the mothers of two players, who have since been identified as Austin Wiley and Danjel Purifoy. Both players have been ruled ineligible and missed this entire season, though the NCAA ruled Wiley will be eligible next season if he chooses not to enter the NBA Draft.

Trzaskoma states Person "was not acting as Auburn's agent in recommending Mr. Blazer's services to the players, nor was Mr. Person conduct connected to any business or transaction of Auburn."

The motion states a line must be drawn between Person in his capacity as a coach at Auburn and his capacity as a private citizen.

"The fact that Mr. Person, on his downtime and away from Auburn premises, recommended a financial advisor to players who would use that advisor only if and only when they left Auburn and played for the NBA is conduct well outside the purpose of Mr. Person's employment relationship with Auburn," the motion to dismiss states. "... The government complains that Mr. Person was 'corrupt' because the reason he recommended Mr. Blazer to the players was that he was getting paid to do so. As with the judges in (U.S. v.) Whitfield, this conduct may have violated private rules governing Mr. Person and the players. But since Auburn is not in the business of recommending financial advisers for basketball players to use when they enter the NBA, the conduct alleged in the Indictment is not a crime."

Via a spokeswoman, the U.S. Attorney's Office for the Southern District of New York declined comment.

Some defense motions were due Friday, with the government response due on April 9 and replies, if any, due on April 23. Additional defense motions are due April 9 with the government response due on May 9 and any replies to those due May 23.

A jury trial has been set for Feb. 4, 2019 in the Southern District of New York before Judge Loretta A. Preska.

James Crepea is an Auburn beat reporter for Alabama Media Group. Follow him on Twitter @JamesCrepea.