Kirk Is Convicted of Tax Charges : Former Memphis State Coach Faces Fines, Prison Term

MEMPHIS, Tenn. — Dana Kirk, a former Memphis State basketball coach, was convicted Tuesday of cheating on his income taxes and of obstruction of justice.

After a U.S. District Court jury announced its verdict, Kirk said: “I have never shot, raped or robbed. I am not a criminal and I was never given the opportunity to look at my taxes and say, ‘Pay this and pay that.’ ”

Kirk, 53, faces up to 24 years in prison and fines of $275,000. A sentencing hearing is expected in 30 days after a routine investigation by the federal probation office.

Kirk took over a struggling basketball program at Memphis State in 1979 and led the Tigers to the National Collegiate Athletic Assn.’s Final Four in 1985. He was fired by the university in September, 1986, shortly before he was indicted by a federal grand jury.

“I’m thoroughly, thoroughly disappointed,” Kirk said. “I never thought it would come to this.”

Kirk was convicted on one count of obstruction of justice, one count of income tax evasion and three counts of filing false tax statements. He was acquitted on one charge of evasion and one charge of making a false statement and two charges of obstruction of justice.

In his trial, which began Sept. 12, Kirk was accused by government witnesses of accepting money collected by boosters for athletes, of selling tickets for up to five times their face value and of seeking personal payments from promoters of college tournaments.

Former All-American Keith Lee, now with the New Jersey Nets of the National Basketball Assn., said Kirk paid him $400 to $600 a month for 4 years. Lee said he also received $500 a month for a year from Tiger boosters and his mother received $6,200 from Kirk.

Kirk also was charged with understating his income by a total of $162,000 in 1982 and 1983.

U.S. Attorney Hickman Ewing Jr. said the amount of money Kirk owes in back taxes will be assessed by the Internal Revenue Service and will be unaffected by the verdict.

The government called 54 witnesses for the trial, and the defense summoned two, a bank teller and Kirk’s wife, Ann.

Dana Kirk said his tax problems were caused by mistakes, and Ann Kirk said she was responsible for keeping up with the family finances. She said she had trouble filling out bank deposit slips.

Kirk said he did not testify because he thought he had the case won.

He said he will meet with his attorneys to discuss an appeal. The attorneys declined comment.

He said he was confused by the verdict. “You’re guilty of one and not guilty of the other, and both are in essence the same thing,” he said.

Kirk was indicted by a grand jury investigating sports bookmaking in the Memphis area, but the charges against him were unrelated to gambling.

Ewing said the grand jury investigation led to an examination of Kirk’s finances, and investigators were surprised to find Kirk had more than $550,000 in certificates of deposit at a Memphis bank.

Kirk declined to discuss the current condition of his finances.