In a closely guarded submission to the America's Cup Arbitration panel, the One World Challenge syndicate have confessed to possessing and using design materials and software developed by Team New Zealand. The submission, couched in hypothetical terms ("Assuming a syndicate were to possess and use . . . would such be a violation of the Protocol?") nonetheless goes to surprising lengths to describe the illicitly procured design material and explain its specific usage. The tactical reason for doing so lies in the absence of a pending protest from another syndicate or interested party - by delivering a quasi-confession before being formally busted hopefully leave an impression with the Arbitration Panel that One World is innocent of complicity and is bringing these issues forth due to self-regulation and disclosure. Moreover, if One World doesn't like the ruling, they can proceed to Plan B (whatever that is, because the Panel's ruling would only be advisory due to the lack of a complaint, protest or challenge by another competitor.

Without a drooling adversary to actively rebut the veracity of what One World submits, the team's only remaining worry is the Panel members willingness to fulfill their responsibilities by demanding the ENTIRE picture. Absent the Panel's proactive efforts to determine if corruption played a role in these events, expect to see another hand-slap fine followed by raucous laughter from the One World gang.

But wait a minute: aren't these the same design materials that One World claims in a lawsuit that Sean Reeves tried to peddle to Oracle and GBR? If they were misappropriated from Team New Zealand in the first place, where does One World come off claiming they were the injured party unless their REAL complaint is the threatened disclosure of how and from whom One World got their hands on those materials to begin with. Seems to me that these questions could be quickly and reliably answered by the sworn testimony of Messrs. Reeves, Wright and Davidson, all who played key roles in the underlying transactions and who are readily available and presumably willing to fully cooperate to the ends that justice be done.

One World would not, of course, have any interest in such an approach if they were interested in a decision based on all of the facts and evidence; that's not their style. Recall the earlier preemptive Arbitration Panel application they filed asking approval of Robert Hook's employment while he also was employed by illbruck, even though no one had yet formally complained of the arrangement. By acting before opposition could solidify One World expected automatic approval of their application and the Panel did conditionally approve Hooky's dual employment, undoubtedly a strong factor in their present strategy. However, the questions and issues before the Panel are significantly more important than the propriety of a sailmaker's incestuous employment relationships. If, as One World hopes, it strategy pays-off with a monetary assessment equivalent to 10 Hail Mary's and thereby receives dispensation for its Protocol violations without a critical investigation and disclosure of the full nature and extent of its sins, then you might as well shitcan all AC restrictions on design provenance, incest and misappropriation.

Bottom line: One World won't be back, their concern for the future of the America's Cup is no greater than the concern they have for their hookers, hotel rooms and rental cars. There has never been a better opportunity for the Arbitration Panel to create respect for the Rules and eliminate the current perception that McCaw's wealth and teams of lawyers exempt him from the rules applicable to the other competitors. As they say in Texas "you gotta fry one every once in a while to keep respect for the law." I say its time to Let 'Em Fry!