^^ If it was known in the garage then it's possible something like that could come out at trial, but Evernham specifically said that he never saw anything while Jeremy worked for him to make him think he was involved with drugs. Of course it would raise a whole bunch of questions if he said he had, but drug use, particularly recreational drug use, isn't always easy to spot.

All the better that NASCAR finally has a policy in place.

Hammer102492 - 17 June 2009 11:24 AM

I don't blame BDR for going after this money. If they think that JM is a drug addict, then that money is going fast anyway.

Speaking of law suits, couldn't his sponsors sue him for fraud because of his drug use being in violation of their contract?

Come on Hammer, I know you have a heart. I'm not saying I have sympathy for what JM may have done, but he is still a person who needs to find a way to continue with his life.

As for the sponsors, likely it is stipulated in their contracts with all their spokespersons as something like "behavior unbecoming a spokesperson is unacceptable."

I doubt though that they will pursue him in court.

I can't say I took Hammers post in any way as being heartless.
BDR probably can't afford to lose $80k, either, and its reasonable to assume that if they want to get paid they may have to get in quick before things get any worse for Jeremy

The one I feel really bad for in all this is Jeremy's wife. No matter what the truth of the whole thing, or the pitcome, thats a pretty tough thing to be living through.

I remember when Drivers 360 was on, her and Delana Harvick being pretty close friends. I hope thats still the case, she'll probably need all the friends she can get in the days ahead :-|

Sue - 17 June 2009 03:02 PM

I can't say I took Hammers post in any way as being heartless.
BDR probably can't afford to lose $80k, either, and its reasonable to assume that if they want to get paid they may have to get in quick before things get any worse for Jeremy

I didn't mean to imply that she is heartless.

Nevertheless, you have a point. Possibly they also need the money and certainly are justified in pursuing their claim.

speedfan - 16 June 2009 02:39 PM

I just did a quick web search for MacFenerstein ...

...Mayfield's attorney did a web search for "piss trade" and Claritin and then charged Jeremy $20K for the results.

Bonkowski, long one of Jeremy's most strident supporters, is starting to question things now.

"But now, if NASCAR’s allegations Tuesday are true that Mayfield’s expert witness, Dr. Harvey MacFenerstein, falsely misrepresented himself and his credentials to Mayfield, NASCAR and federal court officials, Mayfield’s case is going to sink further into the toilet.

And that’s something I and a lot of other people can’t understand.

Didn’t Mayfield or his attorneys or other representatives not perform proper due diligence on MacFenerstein’s background? Didn’t they do what has become almost routine in business today, to have an independent investigator check out MacFenerstein and his credentials?

Or, did Mayfield & Co. simply pick MacFenerstein’s name out of a hat or found him on a street corner, and naively believed him when he said he was an expert on illegal drugs and that NASCAR’s drug policy was not in line with federal guidelines?

NASCAR alleges MacFenerstein doesn’t have the medical degrees or certifications he claims. Those are pretty hefty charges. From what I’ve read, it would appear NASCAR has a pretty strong case that MacFenerstein will have difficulty disputing.

If those findings are proven true, frankly, Mayfield is going to have a much harder time than he already has undergone in trying to explain things not just to NASCAR, and to the federal court when his case goes to trial, but more importantly, to all his fans and peers.

There’s such a thing as a rush to judgment, but is Mayfield’s case one that suddenly became a rush to find someone, anyone, to back up his story – only to realize he made yet another mistake in this whole saga – and one that could be his biggest mistake of all?"

I guess Jerry didn't consider Google.

http://www.autoracingdaily.com/site/comments_new/mayfields-case-looking-gloomier/

J. - 17 June 2009 06:51 PM

speedfan - 16 June 2009 02:39 PM

I just did a quick web search for MacFenerstein ...

...Mayfield's attorney did a web search for "piss trade" and Claritin and then charged Jeremy $20K for the results.

Bonkowski, long one of Jeremy's most strident supporters, is starting to question things now.

"But now, if NASCAR’s allegations Tuesday are true that Mayfield’s expert witness, Dr. Harvey MacFenerstein, falsely misrepresented himself and his credentials to Mayfield, NASCAR and federal court officials, Mayfield’s case is going to sink further into the toilet.

And that’s something I and a lot of other people can’t understand.

Didn’t Mayfield or his attorneys or other representatives not perform proper due diligence on MacFenerstein’s background? Didn’t they do what has become almost routine in business today, to have an independent investigator check out MacFenerstein and his credentials?

Or, did Mayfield & Co. simply pick MacFenerstein’s name out of a hat or found him on a street corner, and naively believed him when he said he was an expert on illegal drugs and that NASCAR’s drug policy was not in line with federal guidelines?

NASCAR alleges MacFenerstein doesn’t have the medical degrees or certifications he claims. Those are pretty hefty charges. From what I’ve read, it would appear NASCAR has a pretty strong case that MacFenerstein will have difficulty disputing.

If those findings are proven true, frankly, Mayfield is going to have a much harder time than he already has undergone in trying to explain things not just to NASCAR, and to the federal court when his case goes to trial, but more importantly, to all his fans and peers.

There’s such a thing as a rush to judgment, but is Mayfield’s case one that suddenly became a rush to find someone, anyone, to back up his story – only to realize he made yet another mistake in this whole saga – and one that could be his biggest mistake of all?"

I guess Jerry didn't consider Google.

http://www.autoracingdaily.com/site/comments_new/mayfields-case-looking-gloomier/

LOL - I think you're right about that - it really is looking more and more like it was a lucky Google hit, or possibly an ad in a trade journal - experts advertise in classified ads in the back of the ABA Journal all the time. I would be curious to know where they did find him.

Now if you're Mayfield and NASCAR's motion is granted in full or in part, do you:

a) Gut it out, let your attorney try and make magic to fix this, and continue the suit as if everything is normal

or

b) Get a new attorney for this action, and then file a malpractice action against Diehl's firm

To be fair, I don't believe Mayfield chose MacFenerstein as his expert. I believe he approved him after hearing what he had to say, but I don't think Jeremy was the one who dug him up. That would be the job of the law firm.

I can't wait for the answer to the motion on July 6th. It should be a good read - it's a shame the supporting affidavits aren't included.

Pitstop - 17 June 2009 07:57 PM

LOL - I think you're right about that - it really is looking more and more like it was a lucky Google hit, or possibly an ad in a trade journal - experts advertise in classified ads in the back of the ABA Journal all the time. I would be curious to know where they did find him.

Now if you're Mayfield and NASCAR's motion is granted in full or in part, do you:

a) Gut it out, let your attorney try and make magic to fix this, and continue the suit as if everything is normal

or

b) Get a new attorney for this action, and then file a malpractice action against Diehl's firm

To be fair, I don't believe Mayfield chose MacFenerstein as his expert. I believe he approved him after hearing what he had to say, but I don't think Jeremy was the one who dug him up. That would be the job of the law firm.

I can't wait for the answer to the motion on July 6th. It should be a good read - it's a shame the supporting affidavits aren't included.

I agree with you Pitstop, and with J's observation concerning Bonkowski. It appears that he missed the obvious.

For Jeremy, there is a "c" option.

Drop the whole case, sell the team, if possible, to pick up some cash, pay off your debts, get clean, beg forgiveness, try later to get back into the sport in some peripheral capacity.

Pitstop - 17 June 2009 07:57 PM

...Now if you're Mayfield and NASCAR's motion is granted in full or in part, do you:

a) Gut it out, let your attorney try and make magic to fix this, and continue the suit as if everything is normal

or

b) Get a new attorney for this action, and then file a malpractice action against Diehl's firm

To be fair, I don't believe Mayfield chose MacFenerstein as his expert. I believe he approved him after hearing what he had to say, but I don't think Jeremy was the one who dug him up. That would be the job of the law firm.

I can't wait for the answer to the motion on July 6th. It should be a good read - it's a shame the supporting affidavits aren't included.

For me what's so interesting is the value of BS. Jeremy went with Diehl because he had this tough, "bull dog" type reputation and was supposedly somebody feared and respected in the Charlotte area... and then Diehl turns around and goes with a guy who has this reputation (or so they thought) for busting drug testing procedures.

Now it appears that both of these guy's reputations were way overblown, and I wonder how much Jeremy bought into whatever Diehl was selling because he was so good with the BS that helped him build the reputation he has. Overlooking a check of the expert witnesses credentials is just about as ballsy as presenting yourself as an expert with degrees and accreditations you don't have.

As for Jeremy's options now - I think Speedfan's is the best, but knowing Jeremy the way we do, there's little chance he's going to do that.

[quote author="speedfan" date="1245341826

I agree with you Pitstop, and with J's observation concerning Bonkowski. It appears that he missed the obvious.

For Jeremy, there is a "c" option.

Drop the whole case, sell the team, if possible, to pick up some cash, pay off your debts, get clean, beg forgiveness, try later to get back into the sport in some peripheral capacity.

That would be what you or I may do. At this point, after all the denials, I don't think that's what Jeremy will do - I'm not sure his state of mind is such right now to allow it. I don't know the man, and I'm only basing my opinion on what public facts there are that have not been disputed. I just don't see someone who (literally) made a federal case out of something just dropping the whole thing.