A grand jury subpoena demands that Penn State turn over records about Jerry Sandusky dating back to 1998. NBC's National Investigative Correspondent Michael Isikoff reports.
Federal prosecutors have subpoenaed documents and computer hard drives from Penn State University as part of a new criminal probe into what school officials and board members may have known about alleged child sex abuse by former football defensive coordinator Jerry Sandusky.
Investigators are also trying to determine if Penn State board members may have made previously undisclosed payments to "third parties" relating to Sandusky, according to the subpoena, a copy of which was obtained by NBC News.
As part of their investigation, federal prosecutors also recently sought files about Sandusky from the family of the late Penn State football coach Joe Paterno. Wick Sollers, a lawyer for the Paterno family, told NBC News that federal prosecutors have asked him for all the late coach’s records on Sandusky, who served as an assistant coach and defensive coordinator at Penn State for nearly 30 years until his retirement in 1999. Sollers said he is voluntarily turning over the Paterno’s files on Sandusky without a subpoena and fully cooperating with the probe.
The broad scope of the subpoena indicates that federal agents may be investigating a potential cover-up of Sandusky's alleged abuse by top school officials, according to three sources familiar with the case, all of whom spoke on condition of anonymity. It seeks records -- including internal emails -- dating to 1998 from the computers and files of Sandusky and three former top Penn State officials: former President Graham Spanier, former Athletic Director Tim Curley and former Vice President Gary Schultz, who was in charge of the campus police.
All three were named in a Pennsylvania state grand jury report in November as having been told about an allegation relating to Sandusky and a young boy in the school's athletic locker room in 2002. Spanier subsequently resigned and Curley and Schultz were were fired by the university. All have denied any wrongdoing.
The subpoena also seeks records about Penn State board members and The Second Mile, the charity for troubled children that Sandusky founded. The subpoena was signed by two federal prosecutors in the office of U.S. Attorney Peter Smith in Harrisburg, Pa. on Feb. 2 and demands that all records be turned over by Feb. 29, they said.
NBC News has learned that Sandusky had access to a Penn State Internet access account from shortly after his arrest until it was disabled sometime in the past two weeks. That means records of his account and emails stored on the Penn State University system would have been saved and be subject to a subpoena.
Click here to read the subpoena
Penn State spokeswoman Lisa Powers confirmed the university had received the subpoena, saying, "The university is fully cooperating with this request for information." She declined further comment.
The U.S. Attorney’s Office in Harrisburg declined to comment.
Pennsylvania state prosecutors have charged Sandusky with more than 50 counts of child sex abuse involving 10 young boys over a 15-year period. He has denied the charges and a trial has been set for May. NBC News reported in December that federal prosecutors were considering whether to open a separate probe because of allegations that Sandusky may have transported a boy who he allegedly abused across state lines -- to out of state bowl games in Tampa and San Antonio. Federal officials were also trying to determine if Sandusky used computers to communicate with or solicit his alleged victims -- another potential violation of federal law, a federal law enforcement official told NBC News.
The confirmation of the subpoena by Penn State is the first concrete sign that the federal criminal investigation has already begun. A spokesman for the Pennsylvania State Attorney General's Office declined to comment, saying only that the office is "in close communications" with federal law enforcement officials, including the U.S. Attorney's Office in Harrisburg.
NBC News producer Tom Winter contributed to this report.



Sandusky has not even been tried for his crimes and the Feds are wasting tax payer money looking into this. How about waiting to see if Sandusky is convicted before figuring out what other crimes have been committed by others. A basic question should be "Why is the federal government looking into a private matter in a Public State College?
I would think that the government has a lot more important things to do than waste their time and resources in this matter.
How would the Feds know if there was a federal crime commited if they do not investigate?
What an idotic thing to say...the feds have not just a legal obligation, but a moral obligation to investgate before any more "evidence' can be distroyed, hidden, or falsified...they may not find federal law has been broken, but they certainly won't know until they investigate!
Penn. State officials didn't do anything to deserve investigating. They all looked the other way. They didn't witness anything. Give me a %^@$^ break. The minute Mr. S. took one boy, and there were others across state lines the offense was elevated to the federal level. Interstate transportation in the commission of felony assault is a federal crime in addition to any state charges he may be prosecuted for. Unlike many states, the feds do not have statute of limitation issues with sex crimes, especially against minors. PEDOPHILE!
JR - you are an idiot. The US attorney general wants to investigate a coverup of CHILDREN BEING ABUSED and this is a waste of money? |If you followed this case at all, you would know the people investigated seem to have covered this up over 10 years ago and turned a blind eye to protect "the program", unfortunately causing JoePa to be the face and therefore the scapegoat of the coverup. You sound like either a PSU employee or pedophile or both.
I think these investigations, besides the obvious, will help awaken college administrators across the country that there are things a lot more important than the prestige of their college football team... Turning a blind eye and allowing countless children to be scarred for life is criminal in my book...
Well Sarge, guess you should read the article. The question is not whether or not they witnessed anything, it is whether or not they PAID OFF complainants. That would be a crime and confirm that were aware of the problem long before it became public.
a crime, maybe, a federal crime is a stretch tho.
???
Hmm, JR...
Whats more important that protecting our children, JR?
Like it when Scraps rubs and down on your leg, JR?
Ever been in a Turkish Prison, JR?
Quite a fan of pedo-penn, JR?
Lets just say your statement is rather disturbing, to say the least.
JR - are you a Penn State graduate or current student by any chance?
I know according to TXCN Texas news channel that they have also conferred with Bexar county officials. Thats the county San Antonio is in. I assume it regards the trip to the Alamo Bowl and it was said the officials were cooperating. I think Pa is not the only place gonna hang his butt. If he committed a crime in my state he should be charged in my state too. And Florida also.
I agree with JR. This is simply grandstanding and piling on by the Feds. If there is any evidence, Sandusky is going to be in jail for the rest of his life.
This has nothing to do with protecting children, and everything to do with politics.
Chester12: RIGHT ON !!!! I agree with you 100%.
They have to hit these people hard.
We all know how fed jobs work. Loaf around until something sounds interesting to do. Does this situation really necessitate huge ependitures of our tax dollars? Investigate McCreary for his lies.
All of the bloggers out here who are aghast about the thought of a coverup. I agree if there were abuses occurring on campus. Someone had the moral (not legal) obligation to notify the authorities. Bad judgement is not a crime in Pennsylvania, but trying to bribe an witness, or pay for someones silence is a crime.
For example several years ago a good friend of mine, his step son passed away from a night of hard partying while his buddies did nothing but put him in bed. No charges were ever filed against anyone involved. Again bad judgment is not a crime, morally something should have been done.
I agree all children need to be protected from predator's But that is a battle for the courts. Parents also have an obligation to do their homework on what types of camps they send their children to.
I must wonder though, how many of the commentors on this site are all for protecting children, yet still support Obama's health care reform paying for abortions?????????
JUST SAYING?
garcher, you were doing good until you brought up Obama. We're not talking politics here! It's about child abuse. I hate govt. waste as much as anyone, but there was cover-ups definately. Many people at PSU knew what was going on. Keep the politics out of it and focus on the children.
IF there is any evidence? I think you need to read up on this case, as you have clearly missed a lot of the news coverage.
There were other Penn State employees who witnessed Sandusky abusing children and testified before a grand jury. The former prosecutor vanished without a trace. Sandusky's documented behavior went on for years while the powers that be at Penn State looked the other way.
Only an apologist for pedophiles or a coward would want to do anything less than get to the very bottom of this case, no matter where it leads.
The reason the PSU janitors didn't call police in 2000 when one saw Sandusky allegedly sexually-assaulting a boy was because they feared for their jobs. That was probably the reason McQueary didn't call police in 2002. He was trying to get a permanent coaching job at Penn State. The reality is that whistle blowers often are retaliated against and suffer more than the criminal.
There is no evidence that DA Ray Gricar disappeared in 2005 because of the Sandusky case. If anyone wanted to harm him, it would have been the victims, because he refused to charge Sandusky in 1998. It seems unlikely he was about to charge Sandusky in 2005 because he was about to retire.
It is hard to say why DA Gricar disappeared, quite a mysterious case. However, his refusal to charge Sandusky would have been useless to anyone after he retired. The useful thing would have been his files and records on the case for the next DA, including whatever information Gricar may have had on his laptop. Gricar could have been killed because someone feared the information that Gricar would hand off to the new DA. On the other hand, maybe it had nothing to do with the Sandusky case. Right now there is no evidence as to exactly what happened to Gricar and why. Even suicide cannot be totally ruled out, if Gricar was the one worried about what was on his laptop. Gricar disappeared near a bridge over the Susquehanna River almost exactly 10 years after his brother jumped off a bridge, and the authorities admit that they cannot be sure that his body would have ultimately turned up if he did jump off the bridge.
sick sick bastard
ummmm.... the federal government loves to get involved everywhere- baseball steroid use hearings; Terri Shivo feeding tube; what's one more place they can come in???
besides i think PSU should feel the heat if they really did cover this up. Private/Public- institutions of higher learning have a responsibility larger than protecting their endowments....
I beleive all those investigations and actions are attributable to Republicans in Congeress and the Senate. None were instigated by the Justice Department.
I think you all need to know the Mann Act way older than you think. When I was 14 which was 50 years ago I already had heard of the Mann Act. Transporting someone across state lines for sex is a crime in this country. It was a crime when Eisenhower was president.
It's a systemic problem; just like the Catholic Church........
@JR -
If one of these boys were your son, you'd sing a different song. You'd want anybody and everybody looking into this slimeball excuse for a man.
I agree, Suzq. Those who let children be harmed in any way and fail to help them, and those who apologize and cover up for pedophiles are going to be singing a different tune when the same thing happens to their kids.
Karma is a bitch, JR.
It's long over due, far too many people at Penn State and at his charity organ. knew or heard tidbits and did nothing, so yes as federal investigation is long overdue.
Wow Allison - you seem to be privy to so much more than the PA State Attorney General's office. Exactly, how do you know that "far too many people" knew? I guess my crystal ball must be on the blink.
wryview, I guess I knew because I read the Grand Jury Findings last year like most people did...you didn't?
Hard drives and e-mails back to 1998.....really?? Like they never updated to new computers in 14 years?
If for no other reason than historical and archival purposes, backups are maintained by most organizations. Not necessarily for the purpose of some future law suit, but mainly to preserve a record of the sequence of events of the operations of the organization. Backups are routinely made of all servers so that while the actual hard drives themselves may have died or been disposed of long ago, the backups persist, usually off site in a climate controlled environment.
Additionally, depending on what the subject matter is, there may federal, state and/or local obligations to maintain certain records, including electronic transactions such as documents, e-mails, etc.
At the company where I work, I can pull backups for some of our machines that go back at least that far (1998).
Paul - You are assuming that all files were actually on a server.
Any university that large uses servers instead of individual units. And I know even payroll records must be maintained for 7 years. One of my jobs was to pull records that could be destroyed. Every box in storage had destroy after__— on it. If no date that department had to check it to make sure it could be destroyed.
Sandusky needs a criminal probe.
He would enjoy it !
He will get a real "probe" when he's behind bars.
Note to MSNBC:
never use the words "Probe" and "Sandusky" together in a headline
The federal government should sue Pappa Joe's estate due to the fact he knew exactly what was going on. He did not care as long as they would win and he could get the salary and glory. Hope he rots in hell. My only regret is that Jerry did not molest any of Joe's children or grandchildren.
You're a sick person.
@Ron
So your only regret over a child molester is that he didn't molest more children? Some stupidity knows no bounds. I hope you don't have any children --- for everyone's sake.
Denver
you have no clue as to life. Joe knew Jerry molested children but did not care. If the a hole had his children or grandchildren molested he would have stopped the pervert. All he cared about was winning (so did Charlie Sheen).
If you were molested you would know the feelings and the guilt, so FU
@Ron - Other than being one sick f--k for wishing Paterno's kids and grandkids had been molested, you are also dead wrong on your facts.
Paterno only knew what he was told by McQueary, which was very little. McQueary's story about exactly what he told Paterno has varied quite a bit, but in the end it seems that all he told Paterno was that he saw Sandusky in the shower with a kid "horsing around." He did not tell Paterno that he saw anything sexual happen, because according to McQueary's latest version of the events, he did not actually see anything sexual happen. Contrary to your statement, Paterno did care and reported what he was told to his superiors, including the university athletic director, the university president, and the university VP who was in charge of the campus police. Paterno then left in the hands of these people to investigate what happened and take appropriate action. Do not try and blame Paterno for the failures of these three men. Paterno had no responsibility or authority to do any investigating and could have gotten in trouble himself if he interfered with the police investigation. As a rule, police to not take kindly to anyone sticking their nose into police investigations. Unlike some colleges where the campus police are little more than security guards, at Penn State they are actually real police officers. Even if Paterno had decided to go to the local off campus police, they would not have been able to do much based on Paterno's word, since he did not actually witness anything. They would have had to get McQueary to talk to them, since he as the only actual witness.
While some may feel that Paterno should have pressed his superiors more on the investigation, he had no legal obligation to do anything more than he did. There is no way that any rational person can say that Paterno did anything criminal that would warrant his estate being sued. He certainly had no knowledge other than the statement from McQueary regarding the one kid. He had no way of knowing that there were nine more supposed victims out there, assuming you believe all of the victims are telling the truth. Since at least two of the accusers have had their stories placed in doubt by other evidence, I would wait to pass judgement on Sandusky until the investigation is complete and all the fact are in. Do I think that Sandusky showed extremely poor judgement by showering with kids, obviously yes. However, so far there has been no evidence made public that supports the accusations of contact of a sexual nature.
After the whole McMartin daycare fiasco in CA, I tend to wait until all the facts are in before passing judgement. In that case it turned out that the original accuser made up the story. The parents of other children saw potential dollar signs from a lawsuit and the me too parade started. The kids were pressured by parents and others into making additional accusation by being coached and led into what to say.
J BS in SD
What the f does McMartin have to do with Penn state. Next you will bring up Hitler was a nice guy because he kissed babies. Joe knew but did not do anything.
I now hope that someday someone you know will molest your children, and you will be singing a different tune. When they have something up their butt the will also sing different tunes.
Jesus will not forgive them
I am not a sick fxxk as you say, but a good fxxk just ask your wife.
ron
Ron - Joe did NOT know. He knew that McQuery might have witness something. Period.
Prove it you are real brave attacking dead people who can't defend themselves.
@ Ron:
And if that's where you are coming from Ron, how could you possibly wish that on anyone's innocent child. You justify child abuse to get back at parents.
That is sick.
loner
prove that pervert joe did not know. He never testified as to what he knew or did not know. When it was brought to his attention he put his head up his ass to not see what was going on. I am sure anybody who had nothing to hide would follow up but he did not such sever things being told to him. Why did he sell his house to his wife for $1. He was afraid of being sued and losing the house.
Now that he is dead and in hell, Jesus would not defend the pervert.
Ron- you are a stupid jackass of the first order, scumb bag.
Ron--are you paid by the word or by the post?
Joe Paterno did testify to the grand jury.
"Joseph V. Paterno testified to receiving the graduate assistant's report (about Sandusky) at his home on a Saturday morning (March 2). Paterno testified the graduate assistant was very upset. Paterno called Tim Curley ("Curley"), Penn State Athletic Director and Paterno's immediate superior, to his home the very next day, a Sunday, and reported to him that the graduate assistant had seen Jerry Sandusky in the Lasch Building showers fondling or doing something of a sexual nature to a young boy."
He did follow-up, calling in the people at the university who had the authority to investigate. The sale of the house to his wife for $1 is no red flag--people who are elderly and have spouses who are likely to outlive them are often advised to transfer the property to one spouse's name for tax purposes.
Wishing ill on Paterno's grandchildren is beyond the pale. Paterno had no reason to think that the school would risk its reputation to protect a pedophile--I still can't believe they did it. It was a ridiculous act by several administrators who deserve to be jailed for their failure to act--but Paterno did not take part in that situation (well, no one has presented any evidence at all that he did).
It actually sounds a lot more likely that the officials paid off the individuals who were likely to complain and thought that the matter was ended. The accusation of a pay-off is really intriguing because (unless the money can be tied to Paterno) it suggests that Paterno was fired in order to hide wrong-doing on the part of the school.
RON, you are an ersatz human being
Janice
You really hurt my feelings, your mother should wash your dirty mouth out with soap to make it clean. How could you say such things about someone you do not know. As a matter of fact I do not want to know you because you sound like an idiot that is a moron.
@Ron
No matter what happens to me in life, I will never wish that someone else's children be molested. As for your offer (final sentence, #7.3) ---- OK, but then all the dogs in your neighborhood are gonna be mad at me.
Billy boy
you are one sick puppy that you would have sex with a dog. Next it will be sheep or your mother, or sister.
In a depraved society where morality is "relative" and anything goes, one has to expect this sort of sickening behavior by high-profile perverts and their employers, including churches, whose principal concern is money and public relations. Good for the feds! Hunt them down.
Sandusky? Headline (or near headline) story.
Student body (the real Penn State) raise $10.6 million in their annual charity endeavor to battle childhood cancer; no mention.
Sensationalistic and sanctimonious reporting at its best.
No, important reporting.
While they are at it, they should subpeona the governor.
Exactly. Talk about a cover-up & hiding things. Tom Corbett is the one who should be on trial.
Andy,
What could our government possibly know about morality and/or moral obligations?
Why is he not behind bars? With so many lives damaged or destroyed by the story it’s hard to understand this kind of trust in one’s own recognizance.
Why??? Because it's money honey...........
These are some of the sickest responses I have read on the Sandusky scandle - why not let the situation work its way through the courts and fall where the chips may as to whom knew what and when. Crucifying people before further investigation is naive ......I still would like to see the Attorney General's Office being investigated along with our govenor who was the attorney general at the time and only sent one investigator to PSU to follow up on rumors - the other nine investigors were used to uncover "political cover-ups" (witch hunts for re-election)!
And that same investigator is now head of the state police.
Is this piece of crap more important to the "Fed" than the corruption of our own Government? How about the Banks, Wall Street, Corporations, Gangs, Guns, etc.?
stormy they are investigating crime across state lines it is their job and has been since the inception of the FBI in the 1920's. The people of Texas and Florida have rights too you know. Sorry if we are inconviencing you.
When Sandusky gets his due and finds himself in a cell with 'Bubba' or a shower with "Duane" he will then be able to experience the same shock and ouch that hurt that he gave to his victims.
The investigation may be a bit late? These dudes knew that sooner or later this monster would appear and take them down so what prevented them from removing hard drives and replacing them? What prevents them from not giving any hard copy to the investigation?
And what if, just saying WHAT IF, this investigation uncovers complicity by the vaunted Penn State Leaders in the 'mysterious' disappearance of the prosecutor who was 'looking into this crap' more than ten years ago?
Perhaps Penn State should be changing its name to State Pen?
I'm just a guy who never trusted Paterno and cannot believe anything the 'officials' of this now dying and soon to be dead institution would say.
Actually, it's Antoine who's licking his chops for sloppy seconds. Yummm Jerry, you'll learn to like it, you scumbag monster.
I second that comment. They haven't said much about the missing prosecutor.
I agree with the post above... Sandusky sells newspapers (or whatever is left of them) and Penn State students raising almost $10.7 million for pediatric cancer research doesn't make any national news that I saw this week. Come on Brian Williams, etc. let's balance this PSU coverage a little bit. Oh and BTW I didn't see anything about your reporter getting a DUI charge here in the county either.
You expect balence from reporters and news operations? They haven't actually been interested in balenced reporting since the reporters of the 60's and 70's retired. Your generation wants sound byte news and thats what you get.
10 million for cancer? and ? Think no other organizations do that? How about 10 million for victims of RAPE? That would be the most fitting after the college overlooked children being raped at their school. What a perfect way to say to the world, we are sorry for what our LEADERS at the school did.
But no, they want to soften it up by trying to make believe the noble cause of childrens cancer is the most important issue? Not even close, the rape of children and cover up of that rape is much more damning and they should be addressing it, fighting it. Helping children and adults of rape, not deflecting it to another cause.
Hopefully the Feds will find out what happened to the prosecutor that "disappeared".
Amen!!! Something fishy about that
Has his body ever been found???
@Ashamed and Bernie,
My family moved to Jacksonville in 1966 from Richmond. I was a 10th grader in high school and had the opportunity to attend the Gator Bowl game where Penn State played Florida State to a tie. Dad was always a Penn State fan and I was rooting for FSU. It was then that I became impressed with the quality of Joe Pa and the program he brought. Don't get me wrong, I'm still an avid FSU fan and have sat thru games in Tallahassee watching the team lose. Imagine being able to walk into the stadium 2 minutes after the kickoff and sit on the 40 yard line for free. We sucked before Bowden came on board.
I hope the Feds uncover the truth behind the original prosecuter that is "missing". I fully believe that Joe Pa is innocent and got screwed. I have the upmost respect for him.
Go Noles.
Reread the Constitution and didn't see where it even gives the Federal government the power or responsibility to investigate this matter. State laws will soon be a thing of the past and all laws will be under Federal jurisdiction. One of the things the Constitution was trying to prevent.
http://verdict.justia.com/2011/11/15/the-penn-state-scandal-why-is-no-one-talking-about-title-ix-2
well thats the end of the ''Mayberry'' version of this thing, we're probably really gonna hear about a horror show now that the community and the PSU gestapo will be outta the picture.Bout time.
There can be no doubt that there was indeed a cover up by the whole Penn State family in "Happy Valley". The scope of the allegations for decades; all of this disgusting crap did not happen overnight. Everyone involved, including Coach Paterno were simply trying to protect their turf and their cushy do-nothing jobs, with six figure payouts. How can Sandusky be under house arrest???? He should be in the slammer YESTERDAY. This is unfathomable. Good to see the Feds getting involved; the Nittany Lions will stonewall every attempt to see that some kind of justice is meted out. A campus full of hypocrites. WE ARE.....PENN STATE!! Indeed you are, indeed you are.
Its about time somebody opened a probe, somebody that wasnt under the control of penn st. This has been going on for years and a lot of people knew about it including Paterno and the administration and nobody stopped it. Ignore it and it will go away was the approach. It didnt work. The feds are the only ones who will get to the bottom of this, you sure cant trust the people at Penn state or the local or state police because penn st controls them
Anyone who protects Sandusky (and anyone who helped cover this up) should go to prison with him. Living in PA, alumni say "people knew Sandusky had a lil boy problem for decades"......... EXCUSE ME! Seriously, I don't care who gets nailed if they are guilty of hiding this. NO child should be victimized by anyone and have it not taken straight to the State Police! Do you know that Sandusky is in his own comfy home on house arrest, allowed to play with his dog on his deck that overlooks an elementary school, allowed to have 12 friends over to visit, allowed to leave his home with his lawyer to aid his case, allowed to have his grandchildren over for visits. WHAT IS WRONG WITH THIS PICTURE! Why isn't this creep serving time in prison like any commoner would be until he is found guilty or innocent. Too much of this crap going on. Makes me sick.
I hope the Feds uncover a good many connecting points to a greater involvement than what we're led to believe currently.
One-Term Tom Corbett could have stopped several of these molestations if he wasn't busy taking the safe route to the top seat in Pa. He avoided ruffling the blue and white feathers for his personal gain for a governorship - which he could have never won had he taken down this scandal under his Attorney General reign.
I rarely link here and this is a long read but once you read the truth behind Tom Corbett's time line, you'll better understand his delays cost more predatory acts that could have been stopped.
http://www.yardbird.com/joe_paterno_takes_the_fall.htm
Hey Ron- DROP DEAD SOON.YOU SORRY SOS.HOPE YOU GET HIV.
IP
IP on you, if I get aids it will be from one of the following three, your mother, your sister, or your wife so FU
This is ridiculous!!! Hot topic, yes but why must there be such terrible mudslinging, name calling and death wishes like this - to each other!!!
Where is Tyler and Sally???
IP, you are one sorry excuse for manhood. What is wrong with you wishing that Ron gets HIV?