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?