Lee Higgins

lhiggins2@lohud.com

Indictment of former WCC basketball coach says he did not act alone

Prosecutor says state will seek jail time for ex-coach

Indictment says coach gave bogus transcripts to St. John's rep in a parking lot

Coach's lawyer says he continues to maintain his innocence.

St. John's University was among the schools that received forged transcripts from the former head basketball coach of the Westchester Community College to help star players earn NCAA Division I scholarships, according to an indictment of the WCC coach Thursday.

Tyrone Mushatt submitted bogus transcripts, helping at least eight players transfer to the Division 1 and other four-year schools, investigators say.

"The defendant abdicated his responsibility as a college coach and brazenly and methodically subverted the integrity of the college athletic system," Inspector General Catherine Leahy Scott said in a statement. "His repeated abuse of his authority violated the trust instilled in his position and undermined students who work hard, both academically and athletically, to achieve their dreams."

Uncovered by The Journal News in October 2014, the scandal dealt a major blow to the college, forcing it to cancel the past two men’s seasons and the most recent women’s season. The newspaper’s reports sparked an investigation by the National Junior College Athletic Association into eligibility violations at WCC and prompted NCAA Division 1 players to be ruled ineligible.

No one else has been implicated in the case, according to the indictment, but the document says Mushatt did not act alone.

Prosecutors also revealed that WCC allowed Mushatt to conduct its own internal investigation into the transcript scandal. The internal probe led to the firing of assistant coach Rich Fields and didn't implicate Mushatt.

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Mushatt, 43, of the Bronx, was indicted on 17 felony counts of second-degree criminal possession of a forged instrument and a misdemeanor count of conspiracy. (Read the indictment, below)

The conspiracy charge alleges Mushatt "agreed with one or more persons" to provide bogus transcripts to at least four schools, including three Division 1 programs. None of the alleged co-conspirators are identified. He was arraigned today in front of Westchester County Judge Barry Warhit, who ordered him to surrender his passport and released him without bail.

Among the former WCC stars ruled ineligible at Division 1 schools as a result of the scandal were Keith Thomas at St. John's, Gio McLean at Quinnipiac, as well as Jamell Walker and Damien Davis at Florida A&M.

College's response

Shawn Brown, assistant to the president at WCC, said in a statement: "We have fully cooperated with the Westchester County District Attorney’s office and have complete confidence in the thoroughness of its investigation... The alleged acts blatantly violated the college’s policies and failed to meet our high academic quality standards.

"The individuals who supervised the basketball program are no longer serving in those roles," the statement continued. "Since January 2015, a new administration has strengthened the college’s athletic programs, which repeatedly receive individual and team awards for academic achievement. We have begun determining the best course of action on the return of the basketball program and the resulting timeline."

According to the state Inspector General's Office, from 2012 to 2014, Mushatt falsified transcripts to make it appear players took courses and received grades they didn't earn. He provided the bogus transcripts to St. John's, Quinnipiac University in Connecticutt, Florida A&M University, Concordia College in Bronxville, and Wilmington University in Delaware to help players get into programs that they would otherwise not be academically eligible for, an office news release said.

Mushatt also gave phony transcripts to employees at Long Island University(C.W. Post campus) and Farmingdale State College on Long Island in an effort to enroll students, the IG's office said in a news release.

Parking lot rendezvous

In one instance, Mushatt gave a bogus transcript to a St. John's employee at a shopping center in the Greenburgh area, the release said.

David Ridpath, an associate professor of sports administration at Ohio University, said DI schools are responsible for doing their due diligence and ensuring the integrity of the admissions process is protected.

"There should be no interaction at all in a parking lot," said Ridpath, an NCAA compliance expert. Ridpath questioned whether the charges would serve as a deterrent because coaches are still measured by winning.

"The sad part is, I don't even think we know the half of the corruption at the junior college and community college level in an effort to get these kids eligible for four-year institutions," he said.

New details

The indictment offers some new details. It says that at least one student was aware of Mushatt's alleged conduct. In the summer of 2013, Mushatt spoke with a student and agreed to "alter credits" on the student's transcript to make the student eligible for a four-year college, the indictment says.

Mushatt allegedly conspired with one or more people to provide bogus transcripts to St. John's, Florida A & M, Quinnipiac University and Concordia College, the indictment says. None of the people he alleged worked with have been identified in court documents.

Mushatt is accused of handing over the phony documents in person, mailing or faxing them.

In court today, Westchester Assistant District Attorney Brian Conway sought a $50,000 bail, saying Mushatt let down his students, lied to his superiors at WCC and lied to other schools.

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"His lies caused his subordinate to get fired..." Conway said. "If he pleads guilty to the indictment, we would be seeking incarceration at this point."

Mushatt declines comment

Mushatt's lawyer John Pappalardo told the court that Mushatt has dedicated his life to helping kids.

He said Mushatt is a father of three and is married to a special education teacher. Mushatt has lived at the same address 23 years, he said. Pappalardo assured Warhit his client was no flight risk.

"He's maintained his innocence since day one," he said.

"He has a tremendous amount of support in the community."

Warhit said he doesn't take the charges lightly.

"If it's true, it's extremely selfish, horrible and there is a price to be paid," he said.

Mushatt declined to answer questions from a reporter after the hearing.

He was first arrested in October on nine felony counts.

Mushatt, who worked at the college 17 years, took over as head coach in 2008. The college allowed his contract to expire and the athletic director also retired.

NCAA action

Player Jamell Walker, who lost a scholarship at Florida A & M, was a former standout at Mount Vernon High School.

The investigation by the National Junior College Athletic Association into eligibility violations at WCC, prompted the college to admit violating NJCAA rules by allowing Walker to play even though he was never certified for eligibility. Initially, WCC denied Walker played for the school until being challenged on that claim by The Journal News.

The Journal News also exposed that the NJCAA, WCC and SUNY chancellor's office had been tipped to the transcript fraud a year earlier through an anonymous email, but there's no indication school officials took action. A year later, players were enrolled in Division I schools.

The NJCAA has yet to file sanctions as it awaits the results of the criminal investigation. Mushatt is scheduled to return to court Sept. 1.

READ: Tyrone Mushatt indictment

Matt Spillane contributed to this story.

Twitter: @LeeHiggins