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Clay, Faucette ‘Victims’ in Case, Ortmayer Says

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Times Staff Writer

The names of two Chargers turned up on a list of 43 athletes that was released Wednesday by the U.S. Attorney’s office in Chicago, prompting Steve Ortmayer to characterize the two players as “victims.”

Ortmayer, the Chargers’ director of football operations, said it was his understanding that offensive lineman John Clay and inside linebacker Chuck Faucette “didn’t know what they were getting into” when they accepted illegal payments while still in college.

Agents Norby Walters and Lloyd Bloom were indicted Wednesday on charges of racketeering, mail fraud, wire fraud and extortion. Faucette, Clay and 41 other listed athletes avoided prosecution by entering into a one-year, pre-trial diversion program. It was either that or face federal charges for illegally signing representation agreements and accepting money from Walters and Bloom.

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Faucette is a free agent who has won the starting left inside linebacker job from veteran Gary Plummer. Clay is the 320-pound tackle the Chargers received in the trade that sent Pro Bowl tackle Jim Lachey to the Raiders. Neither Clay nor Faucette was available for comment. A Charger spokesman said they had been advised by the FBI not to comment on the indictments or their agreement with U.S. Attorney Anton Valukas.

But, Ortmayer said, “I think their efforts to cooperate are indications they had no intention of violating any laws.”

Under the reported terms of the pre-trial diversion program, Clay and Faucette have agreed to perform 150 to 200 hours of community service, reimburse their schools and cooperate with the ongoing government investigation into Walters and Bloom.

One league source said he thought the 150-200 hours figure was “way high.” Ortmayer said Faucette and Clay have assured the Chargers that fulfilling the community service obligations won’t interfere with their expected participation in practices or games.

Clay and Faucette have changed agents. Faucette, who played collegiately at Maryland, is represented by Baltimore’s Tony Agnone. Clay, a 1987 first-rounder from Missouri, is represented by Orange County-based Steve Feldman.

“There’s no question that a lot of money was being thrown at these players,” Feldman said. “From what I know of the Norby Walters-Lloyd Bloom modus operandi, enticement with big dollars was how they got their athletes.”

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Chicago attorney Matt Lydon, who represented five of the 43 listed athletes in structuring the pre-trial diversion agreements, agreed with Ortmayer’s assessment that the players were victims.

“They found themselves in a situation where somebody (Walters and Bloom) tempted them with a large amount of money when they were dirt poor,” Lydon said. “They were already restricted by the NCAA in terms of part-time employment. They were pawns in a system where power and money was moving around.”

Bruce Allen, the agent for Charger rookie wide receiver Anthony Miller, represents two players on the list--Seattle linebacker Tony Woods and Dallas wide receiver Everett Gay.

“I don’t know if they’re victims,” Allen said. “I just think it’s the fault of the NCAA. If I had come from the same background of many of those players, I would have taken the money, too.”

Ortmayer said the NCAA and the NFL are working together to prevent Walters-Bloom scenarios from happening again.

“It not only gives a black eye to the NCAA,” he said. “But it also leaves a bad mark on the NFL as the onus of the problem is shifted to us.”

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Charger Notes

There is growing concern in Charger camp over the knee of Pro Bowl tight end Kellen Winslow. Winslow underwent arthroscopic surgery in June and wasn’t able to play in an exhibition game until last Saturday night. Winslow did not catch a pass in the Chargers’ 34-27 loss to the 49ers, and recurring soreness has prevented him from practicing this week. Charger Coach Al Saunders said Winslow will not play Friday in the team’s final exhibition game against the Rams at San Diego Jack Murphy Stadium. “The knee is just not responding the way we’d hoped,” Saunders said. “We hope to have him practicing again Monday. But, yes, we’re concerned. The knee just isn’t coming around. I know this is frustrating him and concerning him. It concerns us, too. We’re hopeful that it will resolve itself.” . . . The Chargers are expecting linebacker Billy Ray Smith to return to practice Monday. He is still recovering from getting kicked in the calf. “If this (Rams’ exhibition) was a regular-season game, he would play,” Saunders said. . . . Running back Gary Anderson, the Chargers’ leading preseason rusher (16 carries, 68 yards) and leading pass receiver (9 catches, 84 yards) is doubtful for the Rams game with a thigh contusion. . . . Running back Curtis Adams has a hyper-extended knee.

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