Bruce McBarnette admits bid-rigging, pays fines topping $47,000
Dec. 17 was not a good day for M50 world high jump champion Bruce McBarnette. On that day, according to this court document, he admitted that he gamed a system for auctioned properties in North Carolina. And he agreed to pay more than $47,000 in various fines and penalties. The N.C. Department of Justice found, among other things: “Defendants (Bruce and his company) were unjustly enriched in the amounts they received from other bidders in connection with their contracts, combinations or conspiracies to refrain from bidding.” The DOJ posted this news release on the case. News stories appeared in trade journals online and Associated Press stories.
Bruce's settlement with the North Carolina Department of Justice.
I wrote to Bruce, asking for his side of the story. He wrote back inviting me to call him on the phone. But I didn’t have time, so I asked for an email comment. Haven’t seen one yet. I’ll try again.
Bruce, a lawyer and professional actor, still has enough coin left to put out press releases on plans to jump at indoor masters nationals. So he’s apparently not hurting. But his reputation has taken a hit.
At least he fessed up to his transgressions. (Confronted with evidence, he might not have had a choice.)
What a bummer to all involved.
Here’s how one trade journal reported the story:
North Carolina AG Cooper Busts Virginia Man in Foreclosure Auction Scam
Tue, 2010-12-28 15:59Bruce Olvin McBarnette of Sterling, Va. and his company, Summit Connection LLC, have been barred from rigging bids on public auctions and must pay civil penalties and consumer refunds for trying to fix foreclosure sales of properties in Durham and Mecklenburg, N.C. counties, announced North Carolina Attorney General Roy Cooper.
“Trying to fix public auctions isn’t the fair, legal way to do business,” Cooper said. “Bid rigging squelches honest competition and keeps buyers and sellers from getting a truly fair price.”
The Attorney General alleges that McBarnette and Summit Connection LLC entered into agreements to rig bids on four foreclosed properties being auctioned in Durham County in 2009 and 2010:
â–şMcBarnette told a local pastor that he would continue bidding against her for property her church wanted to purchase unless she paid him $1,200.
â–şA man trying to purchase a home for his mother paid McBarnette $800 after McBarnette told him he would lose the auction unless he paid the money.
►A pastor who wanted to help revitalize his church’s neighborhood paid McBarnette a total of $2,900 so that his company wouldn’t keep bidding on two properties.
In seven other property auctions, Cooper contends that McBarnette attempted to get competing bidders to pay him not to bid against them but the bidders turned him down. Four of those auctions involved Durham County properties, and three involved Mecklenburg County properties.
Wake County Superior Court Judge Donald Stephens approved Attorney General Cooper’s request for a consent judgment against McBarnette and Summit Connection. Under the judgment, McBarnette and Summit Connection must pay $47,400. Of that total, McBarnette and Summit Connection have paid $4,900 in restitution, the amount of money they made for agreeing not to bid on certain properties.
The money will go to sellers of the properties who would have made more money at auction had McBarnette not rigged the bids. Restitution will be paid through the Durham County Clerk of Superior Court, which alerted the Attorney General’s Consumer Protection Division to some of McBarnette’s activities.
In addition, McBarnette and his company are barred permanently from entering into any agreement not to bid on public sales of property in North Carolina. They are also prohibited from asking anyone not to bid and from offering or accepting anything of value in exchange for not bidding.
For more information, visit www.ncdoj.com.
17 Responses
Ken, marginal sporting interest, IMO. Not going to stop the guy being anything other than a great jumper.
We all make mistakes. Let’s forgive him. While we’re at it, let’s forgive Armin Hary, too.
Why is this story here, Ken?
Everybody has a life outside of Masters Track and Field, and unless you choose to report on the business dealings and legal problems of all Masters Athletes, I don’t see how this story has a place in a sports blog.
It just seems like you are trying to bring down a great champion in the eyes of his sports colleagues.
Bruce’s legal problems have nothing to do with his status as one of the greatest Masters high jumpers in history.
When you say that his reputation has taken a hit, it is only his business reputation that has taken a hit. But by publishing this story here, it seems that you are trying to give his sports reputation a hit as well.
I am proud to say that Bruce McBarnette has been my good friend for many years.
As a fellow high jumper, I am in awe of his accomplishments. He is generous with his advice, and at every international meet in which we have competed, Bruce has always represented the US team in the best possible light.
The story posted here about Bruce’s legal problems does not in any way change my high regard for the man.
Like others who have commented here, I question the appropriateness of inclusion of the story in this blog.
Were it not for the story’s inclusion in this blog, most people in Masters Track and Field would have no knowledge of Bruce’s problems, which seem to me a private matter, totally unrelated to sports.
Does participation in Masters sports mean that every facet of our lives is fodder for Ken’s blog?
Well, there is more than one way to look at this. Should Michael Vick’s problems not be mentioned on ESPN or sport blogs because it is not a sport issue? If you seek public attention, be prepared for a public scrutiny…
It’s nice to know that Bruce McBarnette has good friends that have his back, but to defend Ken and him posting this story, where do you draw the line in story publications on this site? To my knowledge, Ken has been a media man a good part of his life. In all other sports driven media, news is usually written, sports and some personal, about stand out and popular athletes of that sport whether they be paid millions for competing or not. Brett Farve and his texting, Coach Rex Ryan from the Jets and his foot fetish videos, a father trying to extract money from certain colleges for his son to play there, etc. I agree to an extent that some of the news put out has no business, being there. I mean really, who cares, or who is it going to hurt that Coach Rex Ryan video taped his wife’s feet ?? No one is asking readers to not like Bruce McBarnette personally… and yes, we all make mistakes. But this story is not about a victimless crime. This story was not just posted on some blog, but written in the daily publication of the Durham Herald-Sun with a possible readership of 200,000+ people in just Durham, NC alone. http://www.heraldsun.com/view/full_story_news_durham/10806512/article-Bid-rigging-practice-brings-hefty-fine?instance=main_article . Could a Masters athlete in that area possibly have sent the news to Ken? Or are we implying Ken is puposfully seeking out to destroy successful Master’s one by one? To also say it is only a business matter and not a personal one is a far stretch. It is reported in the Durham Herald-Sun that Bruce McBarnette was “the one who initiated the scheme and is a professional who had a lot of experience in real estate,” one who “clearly knew what the law was.” Tell the victims it wasn’t personal. To say Ken is, “… trying to bring down a great champion in the eyes of his sports colleagues.” is a bit harsh. I have read many accounts on this site on what a great athlete Bruce Mcbarnette is that were written by Ken. Ken is accountable for his actions only, not someone elses. If this incident had not happened, there would be no story. If this had been a victimless crime, I agree, there should be no story. That is when I believe it falls into the personal category. I’ve read about certain masters athletes on this site that have been caught and being punished for taking perfomance enhancing drugs and there were a great majority out there that absolutley ripped them to shreds, personally and athletically. Get caught scaming Joe Q. Citizen for money, but you were nice to me at a meet we competed at, and it’s all good? So are we saying as long as it’s not you getting hurt, it’s fine and dandy. No doubt Bruce McBarnette is, and will continue being a great masters athlete and will get past this. His friends will support and stay his friends, no matter what is written about him. But when there is a story put out by the main-stream media having to do with a charge that had victims involving of a popular masters athlete, I don’t think it’s too far of a stretch for Ken to publish it on this site that deals with Master’s athletes. Unless all we want to read is only the fluff stuff or stories only pertaining to competing itself. No more human interest stories, etc. I’d then like to add I don’t ever want to ever read negative or opposing comments towards another Master’s ideas, opinions and actions that differ from yours posted again either. Let’s just be one big happy Master’s family in Pleasantville, USA. “…Mr. Sandman, please turn on your magic beam, Mr. Sandman bring me a dream…(bung, bung, bung, bung, bung, bung, bung , bung, bung , bung, bung, bung, bung…….”
Milton,
Paragraphs, please! That’s difficult to read in one big blob.
Though, I did read it and agree to a point. It’s a news story from a reputable source. It’s not like Ken was diving in my recycling bin counting how many beers I drank last week.
Besides, not many people can count that high.
Greg
In the law, there is an evidentiary rule called “opening the door” which allows an opposing party to delve into subject matter normally barred from consideration if the first party raises a favorable part of that issue for its own benefit–thus, opening the door to sometimes unpleasant cross-examination by the opponent. Was Bruce’s PR piece, reported on this site and generating many positive responses just two days ago, such an opening of the door in the track and field community? Also, did the happy story of the Chinn wedding replete with great photos four days ago have any more to do with track and field than today’s post? For that matter, what about those entertaining Christmas cards Kay Glynn sends out generating such positive responses, and her recent appearance on the morning TV show in Omaha? We all seem to approve of these “outside the lines” stories if they are happy, positive, or favorable, but isn’t Ken’s job to report news involving track and field and its participants–good or bad?
And this has to do with Masters Track how? Thanks for that TMZ…
Always amuses me when friends of a weasel cry “we all make mistakes” as if all he did was drop his keys down the drain rather than persistently threaten and defraud.
But I forgot, it’s okay because he’s a good high jumper.
I say keep the article, that way I’ll remember not to leave any valuables in any bag left near the high jump whilst he’s competing.
My feeling is that since this is a web site for masters track, it would be better to confine the articles to track related areas but others do like the human interest stories. perhaps Ken can ask for a vote to decide if he continues with non sports articles on Masters competitors.
I first noticed Bruce at the medal ceremonies at Kamloops and was amazed that he was older than me and my fellow m45 half marathoners. He was also much better looking than any of us distance guys, but we are used to that 🙂
It’s a sad story. It’s unfortunately not a personal issue as it made the newspapers and the AP.
It goes beyond ethics as well as it is illegal-ethical issues that reach the level of the court have become a public concern. Many unethical things we all do (sometimes in retrospect ;p) as imperfect people aren’t illegal.
Not for me to forgive him or judge him as I don’t really know him or the real story and he has already had a judge do that.
I saw him jump at Sacramento and IT WAS AMAZING. Beyond that I hope everything works out well for everyone involved and I’m hoping Bruce is at Worlds in Sac. I’d love to see him jumping again there.
Be nice to see Jimson too…c’mon Jimson…
He is a great high jumper with questionable ethics. Lets forgive him and blame Ken…How does he dare to be critical and ethical on his website…
” let he who is without sin …cast the first stone “
Since all of you would like to hear from me, here are my comments.
I made a mistake that I take responsibility for. I cooperated with the state and paid a fine without contesting it.
I was involved with assigning my bids to other bidders. Although this type of collaboration between bidders is not permitted ; multiple county attorneys in North Carolina conducting the auctions told me that I could assign my bids to other bidders and even assisted me in assigning my bids. The attorney for the state informed me it was not permitted. This rule prohibiting collaboration can not be found in any of the auction rules or any where in the state statutes. It is only in the case law, if you know what case to research. It is rarely enforced, although other bidders collaborate as well. Although this is not an excuse it gives you insight as to how this error occurred. If you would like more information you can call me at 703 404 8429.
What does this have to do with Master’s Track and Field?
http://www.cnn.com/2011/US/01/07/michael.vick/index.html?hpt=T2
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