The legal case involving Ohio State beat writers Austin Ward and Jeremy Birmingham and their now-former employer has taken another turn. An amended lawsuit suggest that the two OSU insiders didn’t just mishandle podcast funds, but admitted to taking money that was supposed to go directly to players for paid appearances.
Initially let go by THE Media on March 31, Ward and Birmingham’s firings became public a few days later through a subscriber message sent by their now-former co-worker Doug Lesmerises. Initial rumors on message boards and social media suggested the two had mishandled advertising revenue, which Ward publicly denied. But a new court filing obtained by The Rooster’s D.J. Byrnes adds significantly more weight — and detail — to those allegations.
According to the amended lawsuit, both Ward and Birmingham allegedly skimmed money from sponsorships and ad deals, money that was exclusively intended to compensate Ohio State athletes for appearing on THE Podcast. The filing alleges the pair even admitted in writing to pocketing a portion of those funds, with Birmingham specifically stating that after paying players, the leftover revenue was split between himself, Ward, and an unnamed third party.
THE Media is now accusing the two of civil theft, breach of contract, unjust enrichment, and, in Birmingham’s case, computer trespass and invasion of privacy. Ward is also facing a defamation claim stemming from his public statements about the company’s alleged contractual failings. The company also claims Ward sent out a rogue invoice to an unauthorized sponsor just 32 minutes after being fired and that Birmingham accessed company email without authorization after his termination.
These new findings contrast pretty drastically with both men’s public sentiments in the immediate aftermath of their firings. Ward and Birmingham denied any wrongdoing while suggesting they were being scapegoated by an ownership group no longer willing to fund their podcast.
Despite the legal mess, both men still cover Ohio State for Rivals. It’s unclear which athletes they are accused of skimming money from and whether they are current or former members of the Buckeyes’ roster.
The Buckeye beat is no stranger to controversy and has now become the epicenter of one of the most bizarre and consequential sports media sagas in recent memory. And it appears we’re just getting started.
As of Wednesday morning, neither Ward nor Birmingham had publicly responded to the allegations in the amended lawsuit. But at this point, the story’s out, the filings are public, and the credibility of two longtime Ohio State insiders is now in question.