Where's Reggie?

By Scott Daniels, Esq., NFL Draft Bible

The long awaited deposition of Reggie Bush came and went this past Monday. One problem. Bush wasn't there.

 

Bush was scheduled to be deposed on Monday, February 25 by attorneys for Lloyd Lake, the apparent sports agent who allegedly gave thousands of dollars to Bush and his family during Bush's playing days at USC.

 

Lake sued Bush for breach of contract and is seeking damages in the amount of $291 thousand. While the suit is well under way, neither Lake or Bush have yet to be deposed.

 

Lake walked out of his deposition after one of Bush's security members flashed a gun. Normal.

 

On Monday, Bush simply failed to show up for his deposition. Bush's lawyer did provide notice that he would not be attending but rumors are beginning to surface that Bush's legal team is trying to prevent the NCAA from getting a transcript of his deposition testimony.

 

Bush has repeatedly denied taking any money or gifts while at USC but the evidence against him is starting to pile up. Bush settled another case with Michael Michael's, Lake's former business associate, for an undisclosed amount of money. Most notably, a damaging book has been written detailing numerous alleged financial transactions between Bush, Lake and Michaels.

 

At the very least, this is starting to become a public relations nightmare for Bush. However, all of these allegations concern his collegiate career, so Bush does not have to worry about being sanctioned by the NFL, but his reputation as an honorable collegiate athlete could be destroyed.

 

Oh, and that peice of hardware he took home in 2006 is also at stake. If the NCAA discovers he took any cash or gifts while playing football for USC, Bush will be deemed ineligible pursuant to NCAA rules. Therefore, he would be stripped from his Heisman Trophy award.

 

Bush's camp had little to say about his unavailability for the deposition Monday, but the fact that his lawyers want to prevent the NCAA from getting his deposition testimony infers that Bush may have something to hide. If he admits to taking cash or gifts from Lake or anyone else, once NCAA investigators get wind of this, he is sure to lose his Heisman.

In the alternative, if Bush settles with Lake out of court, he may be able to avoid NCAA penalties by requiring Lake to agree to a confidentiality agreement where all parties would be prevented from discussing the case in exchange for the agreed upon settlement amount. Bush could say he paid Lake to avoid litigation and may not have to admit a single thing.

If Bush settles, it would not look good in the court of public opinion. A settlement with Lake would confirm public speculation that he took money while playing for USC. Bush will have to eventually show up for a deposition and judging by what we have seen already, there's no telling what we will learn from him.

MATT WALSH TO TALK, THEN WHAT?

By Scott Daniels, Esq., NFL Draft Bible

The NFL wants Spygate to be over.

Roger Goodell and the NFL's Competition Committee have expressly stated that their investigation is complete and the league can finally move forward.

But why? Why is Goodell practically ignoring the potentially powerful information Matt Walsh may have that might bolster the claims that Bill Belichick and the Patriots have been cheating for years?

Well if it wasn't for a determined United States Senator, Matt Walsh would be a non-issue. And regardless of his critics, Senator Arlen Specter is not letting down.

In what he claims is a pursuit of justice, Senator Specter is still actively pursuing Matt Walsh's claims and Goodell has reserved the right to open up his investigation and impose more penalties if need be. So, in light of the mass speculation surrounding Matt Walsh and his alleged information, here are some legal ramifications that are sure to pop up should Walsh divulge any information on Spygate.

More Punishment?

Bill Belichick and the Patriots organization have already begun their smear campaign on Matt Wash in an attempt to discredit him as much as possible. Walsh did come out of the wood works after the NFL's initial investigation and his credibility is certainly an issue.

However, if Walsh does have valid information that he can back up with legitimate physical evidence (an actual videotape), Goodell will be forced to take more action against Belichick and the Patriots. The Patriots will certainly argue that Walsh acted in a rogue capacity if he does produce a videotape and the NFL will have to dig deeper to determine the validity of the tape.

Simply put, if Walsh does produce a videotape, Spygate is not going away anytime soon. Belichick could face a suspension and the Patriots organization may have to cough up a lot more money for knowingly hindering a league investigation.

Arlen Specter's Continued Role

Senator Specter is adamant about uncovering a conspiracy. He has threatened to hold a congressional hearing to find out just how deep Spygate really goes. While a hearing on Capitol Hill is unlikely, Specter is refusing to let up in his quest for the truth.

But it is important to understand that Belichick and the Patriots did not break the law in any way. They broke NFL rules. Senator Specter's desired congressional hearing could only be held to determine if the NFL should be stripped of their antitrust exemption.

That said, Specter remains to be a significant player because he seems to be the only authority that wants more information on Spygate. In short, while the NFL retains it's antitrust exemption, government officials like Specter have a ground to stand on.

Future of Matt Walsh

At this point, the only thing keeping Walsh from speaking Goodell or Specter is an indemnification agreement from the NFL. Walsh's lawyer already shot down the NFL's first agreement saying that it left Walsh vulnerable to a possible lawsuit.

Because Walsh signed a confidentiality agreement with the Patriots upon leaving the organization, Walsh could be sued for divulging any information relating to his employment. An indemnification agreement would protect Walsh from any civil liabilities as a result of him talking.

Walsh's information could blow this entire investigation open, especially if he has video evidence. Rumors of a book deal have been circulating, but remember that an indemnification agreement by the NFL would only cover him with respect to his communications to the league about Spygate. Walsh could face a lawsuit if he tries to turn Spygate into a ploy for personal gain.

Recent Developments

A $100 million civil suit has been filed by a former Ram's player naming the Patriots, Belichick and owner Robert Kraft as defendants. The suit seeks damages as a direct result of wrongful taping alleged in the complaint.

Walsh's information could be the smoking gun we all have been waiting for. If a tape does exist, the Patriots are headed for serious trouble. A team that flirted with perfection just a few weeks ago may be tarnished for years to come.

LEGAL LINE PODCAST V - What's The Holdup?

Why hasn't Matt Walsh divulged the information he allegedly has on the Patriots? 

Why was the NFL's indemnification agreement not good enough?

And why does Bill Belichick still think he can fool the public?

This week's podcast is an extended one so enjoy my analysis on the continuation of Spygate and what we can expect to see in the future......Just click on the title above or cut and paste the link below to listen.

http://web.mac.com/daniels3636/iWeb/Site/Podcast/Podcast.html

JUDGMENT DAY FOR REGGIE BUSH IS APPROACHING

By Scott Daniels, Esq., NFL Draft Bible

A quiet storm has been brewing around Reggie Bush. That storm is set to explode very soon.

Several weeks ago, allegations surfaced that he accepted approximately $300 thousand dollars from an agent while at USC. These allegations, if proven in court, would not only damage Bush's reputation, but would leave a permanent scar on USC's college football dynasty in the past decade.

On February 25th, Bush is scheduled to be deposed in a civil suit filed by Llyod Lake, the agent that allegedly gave Bush thousands of dollars in the expectation that Bush would sign with him upon entering the NFL Draft. Bush chose a different agent and Lake is now seeking reimbursement.

Bush has expressly denied taking any money or gifts while at USC, but Lake and friends claim they are able to support every allegation made in their civil suit. Bush will have to account for practically every large purchase while at USC and in the event items were paid for in cash, Bush will have explain himself without putting himself in violation of NCAA rules.

Rumors have been running rampant over how much money Bush actually received and a book entiteld "Tarnished Heisman" was recently published. I can tell you personally that I am about 50 pages into this book and it's an astonishing account to say the least.

Lake claims he gave Bush money for car payments and even took care of house payments for Bush's parents. Bush and his family have denied these claims.

What's intriguing about Bush's upcoming deposition is that Bush will be subject to laws of perjury, just like in any other formal judicial proceeding. One can purjur themselves in a deposition just as they can in court. The only caveat is that following a deposition, most states allow the deposed to change their statements within a specified period of time (ex. 10 days).

If Bush acknowledges that he took money or gifts while at USC, the NCAA will be forced to unleash a massive investigation that will most likely result in Bush losing the heisman and might cost USC a few national championships.

If Bush denies the allegations but settles the lawsuit later on, it might lead people to believe that he's hiding something.

Regardless of what Bush says on February 25th, barring a settlement, a trial is imminent. In an era where lying about an investigation can land you behind bars, Bush is walking on thin ice as accusations begin leak.

LEGAL LINE PODCAST IV - Spygate is Back and Why Matt Walsh is a Key Player

Spygate has resurfaced.

Can Matt Walsh bring more evidence to the table? He's saying he has more information on the Patriot's illicit tactics, but just how important is he?  

Just click on the title above to listen, or simply copy the link below and paste it into your browser.

http://web.mac.com/daniels3636/iWeb/Site/Podcast/Podcast.html

Possible Lockout in the NFL?

By Scott Daniels, Esq., NFL Draft Bible

If you haven't realized yet, the National Football League is clearly the most dominant of the four major sports in America. Ratings prove it. Revenue proves it. The circus that surrounds the Superbowl proves it.

NFL players are signing monumental contracts and teams are raking in millions with the success of the league. While baseball is attempting to weather the steroid storm, hockey is still recovering from a lockout a few years ago. And finally, the National Basketball League is more concerned about globalization than popularizing the sport in the states.

Following what has been dubbed one of the greatest Superbowl's of all time, the NFL appears to be virtually incapable of failure, even with Spygate and the intermittent presence of a few bad apples.

Well, it seems appearance can be misleading.

The NFL may be in serious trouble.

As many of you are well aware, the body of law in the NFL is the Collective Bargaining Agreement (CBA). It's essentially a long list of bylaws agreed upon by the owners and the National Football League Players Association (NFLPA). It's like a constitution for professional football.

The current CBA is slated to expire in 2011. Interestingly enough, the player's association or the owners can opt out of this agreement on or before November 8, 2008. If that happens, 2009 will be a normal season and in 2010, the league will not have a salary cap.

With no working CBA in place, a lockout or player strike would be inevitable. Apparently, the owners and the players are very far apart at this point. The main dispute, as it was before the two sides came to an agreement to extend the current CBA in 2006, revolves around revenue sharing.

The owners feel that the players are receiving more than they deserve through the current revenue sharing program and some owners have began to quietly express their discern about this. In fact, Gene Upshaw, executive director of the Player's Association, is preparing for the owners to opt out of the current agreement.

The financial ramifications of a strike or lockout are huge. The National Hockey League suffered a huge decline in popularity and lost more than just money after their strike in 2004. Thousands of loyal fans simply became disinterested.

So, once again, as we've seen so many times in sports, the players and owners are at odds over dollars. With millions of dollars comes greed. Both sides will have to make concessions, or we could face the real possibility of a strike in the NFL.

NFL Conspiracy or a Senator's Hidden Agenda?

By Scott Daniels, Esq., NFL Draft Bible

Just when you thought "Spygate" has finally become a thing of the past, the New England Patriots and the NFL have been targeted yet again. This time, Arlen Specter, a Senator from Pennsylvania, has publicly questioned the motives of Roger Goodell and the NFL in their destruction of the videotapes they confiscated from the Patriots earlier in the year.

Conspiracy within the NFL or a cheap publicity stunt?

Senator Specter made headlines this week by questioning Goodell's intentions in handling the investigation surrounding Spygate. In fact, Specter wants to bring Goodell in front of the Senate Judiciary Committee to explain why he destroyed the videotapes related to Spygate.

The notion of destroying evidence immediately translates into an inference of guilt. It leads one to believe that the NFL had something to hide in those tapes. And more importantly, it begs the question - Why did the actual videotapes from Spygate have to be destroyed?

But lets be real here people. We're talking about the NFL, not our nation's national security.

Although these tapes were effectively destroyed and the public will never know exactly what was on those tapes, I'm pretty sure the contents of those tapes would be relatively unimportant to members of the United States Senate.

So why is Senator Specter lambasting Commissioner Goodell and his decision to destroy the videotapes associated with Spygate?

Does he really care what was on those tapes? Doubtful.

Are Specter's constituents concerned about Mr. Goodell's actions? No chance.

Then why does Senator Specter care so much?

The answer is simple.

Senator Specter's number one political contributor is Comcast, a major cable company based out of Philadelphia. Comcast has been unsuccessful in persuading the NFL to allow the "Sunday Ticket" (coverage of every NFL game) and the NFL Network on Comcast's regular cable. Instead, the NFL has insisted on making their product a premium.

Specter has now threatened to strip the NFL of their "anti trust exemption," which permits the league to negotiate it's television contracts for the entire league as opposed to each team negotiating their television deals individually.

Interestingly enough, this is not the first time Specter has attacked the NFL on this issue.

In 2006, Specter publicly denounced the NFL's anti trust exemption and vowed to sponsor legislation that would effectively deprive the NFL from negotiating television contracts for every team.

Specter's public condemnation of Goodell and the NFL has nothing to do with Spygate. It has everything to do with Comcast's desires to get a piece of the billions of dollars the NFL is making off television contracts each year.

And as any shrewd politician would do, Spector chose to cry foul right before the NFL's biggest event. How convenient.