Wednesday, August 29, 2007

LEGAL LINE VOL. IV

WHEN FANTASY BECOMES A REALITY
By Scott Daniels, Esq., NFL Draft Bible


Fantasy Sports has evolved into a billion dollar industry and has become an addiction for sports fans across the globe. It is estimated that some 16 million people participated in fantasy sports in 2006. There's even a Fantasy Sports Trade Association that was set up to address various issues and concerns facing the fantasy sports world. With fantasy sports popularity at an all time high, it is fantasy football that has led the movement.

The concept of it all is brilliant. You, the fan, become General Manager of a team you select in a mock, or unrealistic, draft (Hence the name "fantasy"). You select your team based on statistical probabilities and projections and the end result looks like something similar to a starting offense for the probowl.

Since most leagues consist of friends, colleagues or family members, bragging rights are at stake and your knowledge as a fantasy expert depend on your success in the league.

Bragging rights and reputation are not the only thing up for grabs in most fantasy football leagues. League fees or "buy ins" remain a major part of fantasy football. The first question that a potential league participant will ask when invited into a league is, "How much is the buy in?" Why is that? Because at the end of the season, the league champion not only proclaims himself as the guru of fantasy football, but he or she takes home a sizable cash prize made up of each participant's league fee.

If fantasy football has become so popular among fans, just think how popular it is among players. It's not a secret either. Often times during interviews, players will joke about how they like to see their opponents put up big numbers because that specific player is on their fantasy team. Now, if the majority of these fantasy leagues require a league fee that goes to the winner of the league, just think how large these fees are when the league consists of NFL players. With the league minimum at a mere $285,000, NFL players are most likely buying in for more than a few hundred.

The issue is not how much money is allegedly spent on these leagues by NFL players. The issue is whether or not an NFL player's participation in a fantasy football league for money is gambling. If so, it clearly violates a longstanding NFL principle that carries a lifetime ban as a penalty. In fact, in every player contract, it is expressly stated that "association with gamblers or gambling activities in a manner tending to bring discredit to the NFL" is conduct detrimental to the league. The penalty, as stated in each player contract: "severe penalties up to and including a fine and or suspension from the NFL for life."

Gambling is the risking of money on an outcome that is uncertain. Wagering on the Eagles to beat the Giants by seven is gambling. Wagering on the point total to exceed 44 points in the Bears Redskins game is gambling.

But what about fantasy football? What about the fact that an NFL player might have serious financial implications with how an opposing player fares in the game?

Take this hypothetical scenario:

Week 16. Lions at the Broncos. Under two minutes to play in the 4th Quarter. Broncos lead 31 - 7. Broncos star cornerback Champ Bailey is still in the ballgame. Bailey is probably the best corner in the league and rarely gives up an easy reception. He finds himself covering Calvin Johnson, rookie wide receiver - and coincidentally, Bailey's number two receiver on his fantasy team. Bailey knows that it's Championship week in his fantasy league where the cash prize is $100,000. Lions go deep to Johnson and Bailey fortuitously slips and blows his coverage. Johnson waltzes into the end zone for a 50 yard touchdown. Six points for the Lions. Eleven points for Bailey in his fantasy football league (50 yard reception = 5 points; touchdown = 6 points).

The Broncos already won the game, but one can see how easy it is to draw a negative inference from this scenario. Roger Goodell and NFL feel that a player's participation in a fantasy football league - even if it's for money - is not gambling. Others would beg to differ.

Currently, NFL players are free to participate in fantasy football. For those of you that claim to be fantasy experts, put yourself in the shoes of an NFL player. Would you be enticed to lay down on one play if it translated into an extra $100,000?

Tuesday, August 21, 2007

NFL: YOU ARE ON THE CLOCK

By Scott Daniels, Esq., NFL Draft Bible

To the hardcore football fan, the NFL Draft is one of the most exciting events, outside of the regular season. Each pick is carefully considered in what is known as a team's "war room" and the preparation for the draft never ends. When Draft Day does finally arrive, players are born into the world of professional football. Some fans rejoice in anticipation of what is to come of their team's future, while others mock their team's front office in frustration on what they believe is a busted pick. It's a day filled with emotions and it is also a day where no team is exactly sure if they won or lost.

Well, the 2007 NFL Draft has come and gone, and it is not a team that is currently on the clock.

It is Roger Goodell and the NFL that are officially on the clock.

Late yesterday, Michael Vick's lawyers announced that he would be pleading guilty to federal conspiracy and dogfighting charges. He is set to plead guilty on Monday, August 27 and the NFL will inevitably follow up with retribution.

The million dollar question is: What will be Vick's penalty from the NFL?

So far, NFL officials have refused to comment on the situation. Goodell's decision will certainly set a major precedent, and while a suspension is imminent, there is a real possibility that Vick may be banned from the league. Goodell also has the power to punish the Falcons organization if he so pleases. From a legal standpoint, Goodell virtually has the power to punish Vick indefinitely. His conduct policy is so vague that he reigns supreme in the NFL. Furthermore, Vick will be pleading guilty, so there is no question of whether or not he committed the crimes charged against him.

As important as a team's draft pick is every year, Goodell's decision on how he handles this situation will be monumental. A punishment too lenient will leave Goodell open to heavy criticism from all angles. If he bans Vick from the league, many will say it's too harsh. Either way, Goodell's decision will be carefully analyzed and critiqued by players, coaches, analysts and the media. With Vick already admitting his wrongdoing, things are only going to get worse.

Mr. Commissioner, you're on the clock.

Thursday, August 16, 2007

LEGAL LINE: VOL III

YOU THINK YOU KNOW, BUT YOU HAVE NO IDEA
By Scott Daniels, Esq., NFL Draft Bible

His face can be seen in just about every newspaper across the country. His name is about as recognizable as Tiger Woods. He's been featured on CNN, Fox News, Court TV and ESPN on the daily. If you haven't guessed yet, I am talking about the infamous Michael Vick and the enormous amount of publicity that he has gotten as a result of his alleged involvement in a dogfighting operation that took place on property he owned in Virginia.

I know that all of you are familiar with this story and frankly, you're probably sick of hearing about it. Or maybe you are just sick to your stomach when you hear about how grotesque the charges are. But even if you think you are totally familiar with the Vick situation, I thought I would outline some of the specifics in his case and provide you with a few pieces of information that you might not have known.

THE CHARGES
Vick, along with three other individuals, was indicted by a federal grand jury for conspiracy to travel in interstate commerce in aid of unlawful activities AND to sponsor a dog in an animal fighting venture; both violations of federal law. If convicted of the first charge, which is a violation of the "Travel Act," Vick faces a maximum of five years in prison and a $250,000 fine. If Vick is convicted on the dogfighting charge, he faces a maximum of one year in prison or a $100,000 fine – or both. Together, Vick is looking down the barrel at six years imprisonment and up to a $350,000 fine.

THE PROSECUTION'S BURDEN
Conspiracy is defined as an agreement by two or more persons to commit an unlawful act. Basically, the prosecution must prove that Vick knowingly, willfully and voluntarily entered into an agreement with his alleged accomplices to participate in the alleged dog fighting venture. The prosecution in this case, as in every criminal case, must prove Vick's guilt beyond a reasonable doubt. The jurors will be instructed at trial that if they have even the slightest doubt that Vick is guilty, they must acquit.

THE INDICTMENT
Let's just say this was not your run-of-the-mill indictment. At this point, all of you know the severity of the charges and have heard some of the stomach-turning acts performed on these dogs, but I'd like to reiterate some of the particular allegations stated in the actual indictment.

You know that Vick owns the property where the dog fighting venture took place and you know that Vick is alleged to have bankrolled this entire operation.

But did you know that he is alleged to have started this dog fighting venture in 2001 -- the same year he was selected as the first pick in the NFL Draft? It seems as though Vick's financial advisor must have misinterpreted how to invest his money.

You know that Vick and his associates are alleged to have killed dogs that did not perform well in fights?

But did you know that the methods used to kill these dogs included execution with a pistol, hanging, drowning and slamming the dog's body to the ground? In one instance, one of Vick's associates is alleged to have wet a dog down with water and electrocuted the animal. In a dog ring that consisted of approximately 54 pit bull terriers, Vick and his associates are alleged to have executed as many as eight of them.

Did you know that in an effort to breed more dogs, Vick and his associates are alleged to have used what is known as a "rape stand," in which an overly aggressive female dog's head was strapped down so that forced breeding could take place?

By now, you know that Vick and associates allegedly used these dogs to participate in fighting competitions and you are well aware that they gambled on each fight.

But did you know that one dog fight purse is alleged to have been as much as $26,000? This particular fight involved two pit bulls weighing approximately 35 pounds each.

HOW DID VICK GET CAUGHT?
In April of this year, Davon Boddie, a cousin of Vick's, was arrested on drug charges in Hampton, Virginia. Boddie gave police his home address, which – coincidentally -- was the same house that Vick and associates conducted their dogfighting operation. Police obtained a warrant to search Boddie's home to look for more evidence. The initial search led to a large scale probe that uncovered a major dog fighting enterprise known as "Bad Newz Kennels." Whether or not this search was legal under the 4th Amendment (Search and Seizure) will be something for the Judge to decide.

CIVIL CHARGES?
Just when things couldn't get any worse for Vick, South Carolina inmate Jonathan Lee Riches filed a civil suit against him in U.S. District Court in Richmond, VA. The suit claims that Vick stole two pit bulls from Riches' home in Florida and used them for dogfighting.

In one of the most comical, handwritten complaints I have ever read, the suit alleges that Vick sold Riches' dogs on EBAY and "used the proceeds to purchase missiles from the Iran government." It goes on to say that Vick "pled allegiance to Al-Qaeda," and just to make sure Riches wasn't leaving anything out, he claims that Vick is in the business of illegal steroids. Surprisingly, Riches is only seeking a mere $63 billion, "backed by gold and silver, delivered via UPS," to the front of the prison where he currently resides. (A copy of the complaint can be seen at http://www.foxnews.com/projects/pdf/riches_jonathan_file.pdf.

THE BOTTOM LINE
With his co-defendants already striking deals with the prosecution, Vick now faces the dilemma of whether or not to cop a plea himself. In a case where the evidence seems overwhelming, the prosecution is going to have to be extremely careful in the furtherance of their case. We all remember the Duke Lacrosse scandal. In the public eye, those boys were guilty almost immediately.

It's very easy for people to make assumptions before hearing all of the evidence. In law, we are taught to never assume. Therefore, I leave you with one thought: Michael Vick, a rare talent that struck fear into the eyes of opposing defenses, is now facing the real possibility that he may never play in the NFL again.

Wednesday, August 8, 2007

THE LEGAL LINE: VOL II

HOW MUCH FOR THAT MISDEMEANOR?
By Scott Daniels, Esq., NFL Draft Bible

We hear about it every year. Exceptional college players who are extremely gifted on the field but unable to stay out of trouble off the field. While these players may be athletic specimens and sure-shot top picks in the NFL Draft, a player's draft stock is no longer based solely on athletic ability alone. Teams are now placing heavy weight on taking solid, good character individuals. 40-yard dash times and performance in the combine are not the only factors going into a draft-day selection. Apparently, the Cincinnati Bengals didn't get the memo.

A player's criminal history can have a disastrous effect on where they are selected in the draft and the financial implications are mind-blowing. The difference between a top-five pick and late first-rounder is about $30-40 million in contract money. For instance, Mario Williams, the first player selected in the 2006 draft, received approximately $41 million for a six-year deal. Joseph Addai, selected 30th overall, received $7.5 million for a five-year deal. Its no secret that top-10 players make significantly more money than the rest of the draft pool.

To the college player, a misdemeanor possession of marijuana or the driving under the influence conviction may seem like nothing big, but if that player is highly touted as a top prospect for the NFL, these petty crimes cost them millions of dollars in contract money. Take Brandon Meriweather for example. A defensive back out of the University of Miami, Meriweather has exceptional speed and great vision. He is a physical hitter and is able to play cornerback as well as safety. His talent and versatility made him a potential top-10 pick.

While Meriweather's ability made him one of the most sought-after defensive backs on the draft board, his character issues damaged his draft stock. On October 14, 2006, Miami and Florida International engaged in a vicious fight during the game which resulted in 31 player suspensions. The fight was fully caught on camera and Meriweather was shown stomping on several FIU players. (The link is a clip of the fight, Meriweather is number 19 - http://www.youtube.com/watch?v=6jWWC_ozN7E).

That same year, Meriweather was involved in a gun-wielding incident in which he returned fire on assailants in what was dubbed as a botched robbery attempt. Although Miami police said Meriweather did nothing illegal, the combination of this incident and his violent stomping of several FIU players caused many teams to question Meriweather's character. Would he be able to stay out of trouble? Will he be able to control himself in the NFL? These kinds of questions led to Meriweather plummeting to the 24th pick in the first round.

Meriweather was recently signed by the Patriots and is slated to make about $8.8 million on a five-year deal. His contract's maximum value is worth $11.5 million with incentives. While this seems like a nice payday, if Meriweather was selected in the top-10 of this years draft, he probably could have signed for at least an additional $20 million.

Flashback to 1995. A player by the name of Warren Sapp was gaining the attention of just about every scout in the NFL. A nasty defensive end out of the University of Miami, Sapp was given the Lombardi Award as the nation's best lineman in 1994. Sapp was projected by some to be the 1st-overall-selection in the 1995 draft, but word soon got out that Sapp failed two drug tests at the NFL combine; one for marijuana and one for cocaine. The damage was catastrophic. Even though the NFL later stated that Sapp never tested positive for cocaine, the drug rumors surrounding him caused him to slip down to the 12th pick in the draft. Sapp lost out on top-five money, which was estimated at around a $4 million dollar contract. Even Kevin Carter was selected higher than Sapp. Who?

While these players still make ridiculous money playing in the NFL, the money they could have potentially made is astounding. Therefore, I have decided to come up with a simple formula that will show how much money each incident actually costs these players in terms of contract value. The final number has been deemed the "BLING BUSTER." The formula works like this:

(Average max contract value of top-10 draft picks) - (Actual player's max value contract) = BLING BUSTER; or

(Average max contract value of picks 11 through 32) - (Actual player's max value contract) = BLING BUSTER

This number reflects the amount of money they lost in contract value had they been selected in the first round of this year's draft. Basically, its the number that each incident / crime cost them. Keep in mind, some players in the 07' draft have yet to be signed and although it would affect the total difference, I did not want to speculate so I did not include their unknown contract values.

Average maximum contract value of 2007 top-10 draft picks: $40.64 Million
Average maximum contract value of 2007 draft picks 11 - 32: $13.25 Million

Brandon Meriweather S - University of Miami
Projected top-10 pick but slipped in the draft due to horrid sights of him stomping on FIU players during a regular season game and a gun wielding incident. New England eventually took him with the 24th pick in the first round, but Meriweather missed out on a boatload of cash. Meriweather signed a deal worth up to $11.5 million with incentives. Many scouts projected him as the best safety in the draft.

Bling Buster Formula: (40.64 million) - (11.5 million) = 29.14 million

I bet you Meriweather didn't realize that "stomping the yard" would cost him almost $30 million. He could have produced the entire film with that kind of money.

Tarrell Brown CB - University of Texas
Probably the most skilled corner on the team during his career at Texas. He started for three straight years and had the possibility of going in the first round were it not for his off the field problems. Brown was drafted by the 49ers in the 5th round, 147th overall. In 2006, Brown was arrested and charged with misdemeanor drug and weapon charges. The gun charge, a Class A misdemeanor, carried a maximum one year jail sentence and a $4,000 fine. The drug charge for possession of marijuana, a Class B misdemeanor, carried a maximum sentence of 180 days in jail and a $2,000 fine. That totals up to $6,000. But lets see how much money these misdemeanors actually cost him in contract dollars if he were selected in the back of the first round. (I was unable to obtain Brown's actual contract but I know he signed a four year deal with the 49ers. Based on previous years, I assumed his contract was worth around $2 million).

Bling Buster Formula: (13.25 million) - (2 million) = 11.25 million

This kid is supposed to be legit and many scouts believe he will be a star in this league. If he can stay out of trouble, look for Brown to see some serious money in a few years if he can lose the guns and kick the dope.

Marcus Thomas DT - University of Florida
At 6'3 and 296 pounds, Thomas was a beast for Florida logging 14 sacks in 41 games. His draft stock plummeted when he failed two marijuana tests. He was later kicked off the Gator squad for missing curfew. Thomas was selected by the Broncos with the 22nd pick in the 4th round. He has signed a four year deal with the Broncos worth a reported $3 million. If not for these incidents, Thomas was a sure-shot mid - to - late first rounder.

Bling Buster Formula: (13.25 million) - (3 million) = 10.25 million

Thomas may think he got away with failing a few drug tests, but according to my calculations, Thomas lost roughly $10 million. Rumor has it that Thomas has been taking voluntary drug tests weekly. We'll see how long that lasts.

A few notables I had to throw in.......

Ramonce Taylor RB - University of Texas
Taylor was a phenomenal offensive weapon for the Horns and logged 15 touchdowns last season. Taylor's story is one my favorites. In 2006, after a party in Belton, TX, a fight broke out involving about 100 people. That sounds more like a small battle to me. Anyway, after someone allegedly vandalized his car, Taylor phoned the police. When the police arrived, they asked if they could search Taylor's vehicle. Taylor gave them permission and the police found five pounds of marijuana in the car. Texas law states that possessing 5 - 50 pounds of marijuana carries a sentence of 2 to 10 years in prison and up to a $10,000 fine. Taylor was listed as a "sleeper" in this year's draft, but this incident hurt his stock badly and Taylor went undrafted.

Marcus Vick QB - Virginia Tech (2006 Draft Prospect - undrafted)
Where do I begin? With his brother becoming a $100 million man, Va Tech looked to Marcus Vick to live up to the Mike Vick legacy. Marcus was touted as a better passer than his older brother and his incredible athletic ability made him an immediate offensive threat. Unfortunately, Marcus had a knack for breaking the law and racked up an enormous amount of legal problems. Charges included supplying alcohol to minors, possession of marijuana and reckless driving, to name a few. Vick ended his collegiate career in the 2006 Gator Bowl when he stomped on the calf of a Louisville player after a play.

Following the game, Vick was immediately and permanently kicked off the team. He later signed with the Miami Dophins in 2006 and made $275,000 for the season. Not bad for a guy with a criminal record longer than Pacman Jones.

The lesson to be learned here: Screw up in college and it'll cost you in the draft. Dropping in the draft costs millions of dollars and although these players get a second chance, many of them succumb to the dark side of their pasts.