Miller, the wealthy retired agent who personally profited from the recruiting services of Gassnola and Dawkins, declined to comment. He has not been charged with a crime, one of the many unresolved curiosities about the Justice Department investigation. This could be because Miller is secretly cooperating and providing evidence against others
. Or it could be because federal prosecutors are concerned about weaknesses in their case, which is based on a controversial theory that anyone trying to pay college athletes, in violation of NCAA amateurism rules, has committed a crime.