Insight

Operation Varsity Blues - Donation v. Bribe, a Legal Defense

Operation Varsity Blues - Donation v. Bribe, a Legal Defense

Dev K. Sethi

Dev K. Sethi

October 14, 2019 07:44 PM

Robert Zangrillo faces felony charges for paying $250,000 to get his daughter into the University of Southern California as a fake athlete. Recently unsealed court records outline his defense -- his money was a donation, no different than those made by presumably many other families to grease the wheels of admissions. To make his case, Zangrillo's legal team has subpoenaed USA records showing the number of prospective students who received special consideration from the school from 2015-2019 along with the amount of any donations from their families within a year of admission.

Zangrillo is betting that the documents will show "other similarly situated students applying for admission in close proximity to a financial donation from a parent." This will support a defense that parents often use their wealth to get their kids admitted, and that USC officials were aware and complicit in that process.

USC has said it will challenge the subpoena over student privacy concerns. The school also, may foretelling what the documents will show, issued this statement, "It is common practice at private universities, including USC, for alumni, friends, and donors to recommend prospective students."

The Collin Binkley writing for the AP reported on this today with this analysis:

"The legal strategy taps into a reignited debate about the role wealth can play in influencing admissions. Amid public outrage over the bribery scheme, some critics have said it's equally unfair that schools give preference to the children of donors and alumni.

Colleges are generally permitted to consider donations as a factor in admissions decisions, but little is known about how widespread the practice is. While a recent lawsuit against Harvard University revealed that school fundraisers sometimes weigh in on applicants with ties to donors, most universities carefully guard the inner workings of their admissions offices.

Still, some legal experts say there's no comparison between formal donations and the alleged bribes. Even if the USC records reveal that scores of students are admitted with the help of donations, it wouldn't excuse families who lied or faked documents to get in, said Stephen Sugarman, a law professor who has taught education policy at the University of California, Berkeley.

“What they caught these people doing is very different,” Sugarman said. “They were part of a conspiracy to give fraudulent information to get the kid in.”

Even the scheme's ringleader, William “Rick” Singer, said in court testimony that big donations are the “back door” to admission but aren't a sure thing, while he created a guaranteed “side door” through the bribery scheme.

The charges against Zangrillo say he arranged to have his daughter, Amber, designated as a recruited athlete on the USC crew team, even though she did not row competitively. Ultimately she was not presented as a recruit, investigators said, but a senior athletics official who is charged in the scheme placed her on a “VIP list” for transfer students and advocated on her behalf.

Zangrillo is accused of paying $200,000 to a fake charity operated by Singer, along with $50,000 to USC women's athletics. Prosecutors say one of Singer's employees also took online courses on behalf of Amber Zangrillo so she would have enough credits to transfer to USC. Singer pleaded guilty in March and is cooperating with prosecutors in hopes of getting a more lenient sentence.

Amber Zangrillo was accepted to USC in June 2018, a year after she was rejected from the school. Prosecutors say she knew about the scheme. USC did not say if she faces disciplinary action.

Robert Zangrillo's filing provides an early look at the type of defenses parents may pursue as they fight their charges. Others pleading not guilty include “Full House” actress Lori Loughlin and her fashion designer husband, Mossimo Giannulli. In a June 27 court filing, lawyers for the couple said it's “far too soon” to know what defense they will raise at trial.

The subpoena requests information about prospective students who were designated as “VIP,” ″special interest” or “university advancement,” including admissions rates for those students and for a subset of students whose parents donated at least $50,000 within a year of their acceptance.

It also asks for any records showing that USC's president reviewed applications from those students, along with emails and text messages exchanged among university officials related to the admission of Zangrillo's daughter.

Martin Weinberg, a Boston lawyer who represents Zangrillo, said the records “could demonstrate that my client's conduct was in good faith and consistent with legitimate practices that have been engaged in by universities for decades.”

Jeffrey Cramer, a former federal prosecutor in Illinois, said it could prove to be a smart strategy.

“If this bears fruit, I think this defense is open to a lot of these defendants,” said Cramer, who is now managing director at Berkeley Research Group in Chicago. “If you can't argue the facts, then you need someone else to point to. And who's better than a large corrupt university that has billions in its endowment?”

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central

Social Media for Law Firms: The Essential Beginner’s Guide to Digital Success


by Jennifer Verta

Maximize your law firm’s online impact with social media.

3D pixelated thumbs-up icon in red and orange on a blue and purple background.