[BigJimTheLug]

Actually,

I was hoping it is not a TOS violation because Google does not like it when you blend in ads so well, that you cannot distinguish them from your forum content.

I've had several prime locations for adsense reviewed by Google and they do not approve of them because those locations will get you more legitimate clicks.

This in turn affects the advertisers and on "and on and on..you know the rest if you have adsense...."

In all actuality, this placement might not be a TOS violation for him, but it might be one for me.
This has also happened with my forum and other forums with same ad placement.
Google is very meticulous about how their Adsense is displayed.
To be safe, verify that any placement that you are questioning is within Google's TOS.
After all, if you are questioning the "legitimacy" of ad placement, chances are it can be a TOS violation.