By Scott Daniels, Esq., NFL Draft Bible
With the 2008 NFL Draft officially in the books, fans across the country are anxiously awaiting the start of college football. It's been quite an offseason in the football world and although the gridiron battles are still months away, the legal drama in football is only beginning to heat up.
An optimist would tell you that college football couldn't be in a better place right now. Ratings are up and schools are raking in millions of dollars as a direct result. But it's not all smiles at the collegiate level.
How about the NFL? The most successful professional sport in America. The NFL is in great shape, right? Think again.
A dark cloud is looming over college and professional football and only the so-called football gods can predict the future. While rumors and speculation continue to run rampant, here's an update on some of the hottest - and potentially dangerous - stories that could be highly detrimental to college and professional football.
A Broken System
The BCS is a mess. The revolution has begun to implement some kind of playoff system in college football, but due to contractual obligations and stubborn school officials, the BCS will remain in college football through 2013 (includes Bowl games in 2014).
A recent proposal from Mike Slive, commissioner of the Southeastern Conference, was immediately shot down by just about every major conference commissioner. The proposal called for a "Plus One" scenario where the top four teams would play a semi-final game followed by a championship game the very next week.
LEGAL SIGNIFICANCE: It's a tragedy that college football will remain at the mercy of a flawed system for at least the next four years. What's even more disparaging is knowing that the BCS will remain because of contractual obligations with the Rose Bowl and major television networks.
Bottom line is, contracts can legally be modified. Problem is, a change in the current system will lead to a decrease in profits for those currently under contract with the BCS. It is apparent that those in opposition to a playoff system are skeptical of changing a system that breaks revenue records year after year.
The Never Ending Conspiracy
Spygate is the story that just won't go away. It began immediately following week one of last year's NFL season and Roger Goodell has been trying to dispose of this matter ever since - no pun intended.
A potential bombshell may explode on May 13th when Matt Walsh, a former video assistant for the Patriots, will meet with Roger Goodell to divulge any information he may have regarding his role in "spying" on other teams.
LEGAL SIGNIFICANCE: Matt Walsh's meeting with the NFL is now long overdue. The NFL insists Spygate is a thing of the past and the Patriots organization have vehemently denied any further wrongdoing. If Walsh has any direct evidence, such as an actual video tape, Goodell will have to take swift action against Bill Belichick and the Patriots organization. Belichick and the team's owner, Robert Kraft, will most certainly argue that Walsh acted as a rogue employee and was not directed to tape such activity. However, from a legal standpoint, if Walsh is found to have acted within the scope of his employment responsibilities, the Patriot organization should certainly be held accountable for his wrongful actions.
Regardless of what ensues, Walsh has obtained a bullet-proof indemnification agreement from the NFL. He is fully protected from a civil suit and will be able to speak freely without the worry of being named as a defendant in a lawsuit. Walsh may however be called as a witness in other lawsuits should they occur after he speaks with Roger Goodell.
If Walsh only has verbal information to provide, Spygate will quickly disappear. Walsh's credibility is already in question and without any direct evidence of taping another team in violation of league rules, he will have very little ground to stand on.
A playoff system seems to be inevitable, but not in the very near future.
The End of a Dynasty?
The National Football League has catapaulted itself as the most successful league in American professional sports. Attendence is up. Ratings are up. The Superbowl remains to be by far the most watched sporting event in America each year. While it appears that the NFL will continue it's dominance for years to come, a quiet storm is brewing.
The wealth and prosperity that players and owners have enjoyed over the last ten years may come to a screeching halt in 2011. The current collective bargaining agreement will expire then and the owners can choose to opt out of the current agreement in November of this year. If that happens, the NFL could be facing a lockout in 2011.
LEGAL SIGNIFICANCE: The last time the NFL suffered a lockout was 1987 - under former commissioner Paul Tagliabue. With Roger Goodell as the new Sheriff in town, a lockout would almost seem unthinkable. The problem is, Goodell may not have any control on the situation. If the players and owners cannot come to an accord on revenue sharing, the owners will likely opt out of the current agreement.
End result? A work-stoppage in 2011 and the very real possibility of a cancelled NFL season.
Showing posts with label nfl draft. Show all posts
Showing posts with label nfl draft. Show all posts
Tuesday, May 6, 2008
Wednesday, March 12, 2008
MOSS APPEAL
By Scott Daniels, Esq., NFL Draft Bible
Randy Moss is arguably the most captivating wide receiver in the NFL. He is also one of the most controversial.
Moss dazzled fans in Minnesota with his blazing speed and ability to go up and virtually steal the football from mid-air. The Culpepper-Moss tandem was by far one of the most dangerous offensive threats in the last decade. But while Moss was quickly becoming a superstar, his individuality took center stage after he walked off the field during the end of a game while playing for Minnesota.
While there was only seconds remaining in that game, fans across the country proclaimed Moss a quitter and a cancer in the locker room.
Moss's legal resume dates back to 1996 where he faced charges stemming from an altercation with the mother of his child. The charges were eventually dropped.
In 2002, Moss was back in the news after physically bumping a traffic cop with his vehicle and his latest run-in with the law involved an alleged dispute with a woman at her Florida home in January of this year.
Earlier this month, the alleged victim, Rachelle Washington, petitioned the court to request that her case against Moss be dismissed. Several media outlets have jumped the gun and immediately began to report that all charges against Moss have been dropped. This is entirely not the case.
Washington had obtained a temporary restraining order (TRO) against Moss in early January. She received it "ex parte," which means that she got the TRO without informing Moss, which is perfectly legal. In Moss's case, the TRO directed him to refrain from going within 500 feet of Washington.
It's fairly easy to obtain a TRO and the party it's directed towards has no involvement in the proceeding until the actual hearing to determine whether or not the TRO will become a permanent restraining order.
No criminal charges were filed against Moss and Washington never filed a civil case against him. In the end, charges against Moss were not dropped because charges never existed.
The bottom line is, the media is obsessed with superstar athletes and their legal problems. Although it's unfortunate for Moss, once his name is dropped in the news, the assumption is that he is in trouble with the law.
It has become an American passion to watch our star athletes succumb to our nation's legal system and Moss has become the latest victim of this phenomenon. In this case, the public was privy to a flurry of allegations and rumors and all we knew was that a temporary restraining order was granted. That doesn't sound like a ton of information.
Once the story hit the news wires, many depicted Moss as a criminal. Now that Washington has dropped her restraining order against Moss, those same people are condemning Washington and coming to the defense of Moss. Meanwhile, the public knows practically nothing about the actual incident.
Rumors are beginning to surface that Moss entered into a settlement agreement with Washington, but it would seem odd to me seeing that the case involved a restraining order and not a civil action against Moss.
If there was a payment by Moss, the public will eventually find out, most likely by way of a court filing. And while Moss can get on with his already stellar career, the public's perception of him remains to be suspect.
Thursday, March 6, 2008
Happy Valley's Legal Woes Continue
By Scott Daniels, Esq., NFL Draft Bible
The football program at Penn State has always been revered for it's class and demeanor. The infamous blue and white helmets have forever been synonymous with a "blue-collar work ethic" and the Nittany Lions have long refused to take top notch athletes who don't present genuine individual character.
Their field general, the beloved Joe Paterno, is a living legend in college football due in most part for his ability to win with upstanding, disciplined individuals, not just athletic specimens.
As of recent, Penn State's unblemished image is beginning to resemble that of the 2007 Cincinnati Bengals. Numerous football players are seeing more of the court room and less of the weight room this offseason.
The latest incident involved Andrew Quarless, a sophomore tight end, who was suspended indefinitely for an unspecified violation of team rules. To make matters worse, Quarless is no stranger to trouble on campus. Quarless was already suspended last season for underage drinking and missed the first two regular season games of 2007.
Quarless becomes the sixth Penn State football player to be arrested this offseason and the team's legal problems range from disorderly conduct to campus brawls. I know these kids are still in college, but six player arrests in one offseason is downright embarrassing.
What these players don't realize is that their detrimental off-the-field conduct, although it's occurring at the collegiate level, will have monumental effects on their potential professional careers. Millions of dollars are at stake for those chosen to play in the NFL and character has evolved into a mandatory piece of criteria for NFL scouts when evaluating players.
(see http://nfldraftbiblethelegalline.blogspot.com/2007/08/legal-line-vol-ii.html).
Hopefully, Joepa can remedy an already tumultuous off season for the Nittany Lions. It seems that his players are in need of some guidance and supervision. Not that Penn State football players need to be reminded, but in the eyes of the law, collegiate athletes are held to the same standard of conduct as regular students.
Maybe Joepa needs to remind his team what made them so successful in the first place.
The football program at Penn State has always been revered for it's class and demeanor. The infamous blue and white helmets have forever been synonymous with a "blue-collar work ethic" and the Nittany Lions have long refused to take top notch athletes who don't present genuine individual character.
Their field general, the beloved Joe Paterno, is a living legend in college football due in most part for his ability to win with upstanding, disciplined individuals, not just athletic specimens.
As of recent, Penn State's unblemished image is beginning to resemble that of the 2007 Cincinnati Bengals. Numerous football players are seeing more of the court room and less of the weight room this offseason.
The latest incident involved Andrew Quarless, a sophomore tight end, who was suspended indefinitely for an unspecified violation of team rules. To make matters worse, Quarless is no stranger to trouble on campus. Quarless was already suspended last season for underage drinking and missed the first two regular season games of 2007.
Quarless becomes the sixth Penn State football player to be arrested this offseason and the team's legal problems range from disorderly conduct to campus brawls. I know these kids are still in college, but six player arrests in one offseason is downright embarrassing.
What these players don't realize is that their detrimental off-the-field conduct, although it's occurring at the collegiate level, will have monumental effects on their potential professional careers. Millions of dollars are at stake for those chosen to play in the NFL and character has evolved into a mandatory piece of criteria for NFL scouts when evaluating players.
(see http://nfldraftbiblethelegalline.blogspot.com/2007/08/legal-line-vol-ii.html).
Hopefully, Joepa can remedy an already tumultuous off season for the Nittany Lions. It seems that his players are in need of some guidance and supervision. Not that Penn State football players need to be reminded, but in the eyes of the law, collegiate athletes are held to the same standard of conduct as regular students.
Maybe Joepa needs to remind his team what made them so successful in the first place.
Monday, February 25, 2008
MATT WALSH TO TALK, THEN WHAT?
By Scott Daniels, Esq., NFL Draft BibleThe 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.
Tuesday, February 19, 2008
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
Monday, February 11, 2008
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.
Saturday, February 2, 2008
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.
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.
Tuesday, January 15, 2008
THE CLIENT THAT KEEPS ON GIVING
By Scott Daniels, Esq., NFL Draft Bible
Three strikes and you're out. It doesn't refer to just baseball anymore.
Washington and California created sentencing laws based on the infamous phrase. A popular game show utilized the three strike principle for years (Family Feud). The phrase has become so much more than an explanation of a baseball rule.
Fortunately for Adam "Pacman" Jones, the NFL has not enacted a "three strikes and you're out" policy. Because if they did, Jones would have been booted from the league a long time ago.
And by "a long time ago," I mean 2006, since Jones has only been in the league for two years.
Jones is staring at a potential sixth arrest since he was drafted by the Tennessee Titans in 2005. His lawyer probably doesn't need another client. His agent on the other hand may need to start looking.
Jones made the news once again for allegedly hitting a woman at a strip club in Nashville. The victim claimed that Jones hit her in the face following an altercation between Jones and security on January 3, 2008.
In the criminal defense world, Jones is known as the "client that keeps on giving." The man is a magnet for legal trouble. How many strikes will Jones get before the NFL has seen enough? Could this be the final straw?
In April of 2007, Jones told Roger Goodell, commissioner of the NFL, that he would stay out of strip clubs to avoid any more altercations. Well, even if these current allegations do not hold up, the fact still remains that Jones was in a strip club. Clearly the man has little concern over his future in the NFL.
For Pacman Jones, it may be more like "Six strikes and you're out." Commissioner Goodell will surely not be pleased with this recent news. While he has yet to officially ban a player from the NFL, Jones is certainly a perfect candidate.
Three strikes and you're out. It doesn't refer to just baseball anymore.
Washington and California created sentencing laws based on the infamous phrase. A popular game show utilized the three strike principle for years (Family Feud). The phrase has become so much more than an explanation of a baseball rule.
Fortunately for Adam "Pacman" Jones, the NFL has not enacted a "three strikes and you're out" policy. Because if they did, Jones would have been booted from the league a long time ago.
And by "a long time ago," I mean 2006, since Jones has only been in the league for two years.
Jones is staring at a potential sixth arrest since he was drafted by the Tennessee Titans in 2005. His lawyer probably doesn't need another client. His agent on the other hand may need to start looking.
Jones made the news once again for allegedly hitting a woman at a strip club in Nashville. The victim claimed that Jones hit her in the face following an altercation between Jones and security on January 3, 2008.
In the criminal defense world, Jones is known as the "client that keeps on giving." The man is a magnet for legal trouble. How many strikes will Jones get before the NFL has seen enough? Could this be the final straw?
In April of 2007, Jones told Roger Goodell, commissioner of the NFL, that he would stay out of strip clubs to avoid any more altercations. Well, even if these current allegations do not hold up, the fact still remains that Jones was in a strip club. Clearly the man has little concern over his future in the NFL.
For Pacman Jones, it may be more like "Six strikes and you're out." Commissioner Goodell will surely not be pleased with this recent news. While he has yet to officially ban a player from the NFL, Jones is certainly a perfect candidate.
Thursday, December 13, 2007
BOBBY PETRINO: MERCENARY FOR HIRE
By Scott Daniels, Esq., NFL Draft Bible
Treason. It's defined as a violation of allegiance to one's sovereign or to one's state. It's also known as the betrayal of trust or confidence. It is an act of dishonor and is potentially the most shameful crime one can commit. Anyone who audaciously commits such a heinous act is deemed a traitor.
Bobby Petrino is a traitor.
Bobby Petrino was recently convicted for treason in the court of public opinion after his shameful resignation from the Atlanta Falcons. Earlier this week, Petrino abandoned his depleted Falcon team to become the head coach of the Arkansas Razorbacks. The move was not only classless, but many saw it as a disgrace to the coaching world.
In 2006, Petrino inked a five-year deal with the Falcons worth $24 million and left the University of Louisville to jump to the pros. With expectations of coaching the now incarcerated Michael Vick, Petrino was left to mold a scarred and somewhat dejected Atlanta Falcon team. Thirteen games into the current season, Petrino stepped down as head coach. Petrino's resignation not only surprised his players, but his owner, Arthur Blank, was under the impression that Petrino had no intentions of leaving the Falcon organization any time soon.
It's perfectly acceptable to portray Petrino as a traitor. The way he went about resigning as head coach of the Falcons was downright egregious. In fact, he even told his owner that he was remaining on board as the Falcon's head coach a day before Blank appeared on Monday Night Football. Petrino blatantly lied and misrepresented his intentions about carrying out his contractual duties as the head coach of the Falcons.
What makes this story even worse is that Petrino notified his players of his resignation by affixing a letter to their lockers. He didn't even have the dignity to face each player and tell them he wasn't happy with his current job.
In a league where the NFL is sometimes referred to as "Not For Long," coaches frequently jump at other opportunities because they know job security is a rarity. Unfortunately, loyalty in sports is virtually obsolete these days. However, this does not excuse Petrino's utter disregard for his team, his colleagues and the Falcon organization.
Petrino's act of betrayal will not land him in any prison. He will most likely avoid any civil liabilities as a result of his resignation. But in the eyes of the sports world, Bobby Petrino's unethical tactics have branded him as a traitor.
Treason. It's defined as a violation of allegiance to one's sovereign or to one's state. It's also known as the betrayal of trust or confidence. It is an act of dishonor and is potentially the most shameful crime one can commit. Anyone who audaciously commits such a heinous act is deemed a traitor.
Bobby Petrino is a traitor.
Bobby Petrino was recently convicted for treason in the court of public opinion after his shameful resignation from the Atlanta Falcons. Earlier this week, Petrino abandoned his depleted Falcon team to become the head coach of the Arkansas Razorbacks. The move was not only classless, but many saw it as a disgrace to the coaching world.
In 2006, Petrino inked a five-year deal with the Falcons worth $24 million and left the University of Louisville to jump to the pros. With expectations of coaching the now incarcerated Michael Vick, Petrino was left to mold a scarred and somewhat dejected Atlanta Falcon team. Thirteen games into the current season, Petrino stepped down as head coach. Petrino's resignation not only surprised his players, but his owner, Arthur Blank, was under the impression that Petrino had no intentions of leaving the Falcon organization any time soon.
It's perfectly acceptable to portray Petrino as a traitor. The way he went about resigning as head coach of the Falcons was downright egregious. In fact, he even told his owner that he was remaining on board as the Falcon's head coach a day before Blank appeared on Monday Night Football. Petrino blatantly lied and misrepresented his intentions about carrying out his contractual duties as the head coach of the Falcons.
What makes this story even worse is that Petrino notified his players of his resignation by affixing a letter to their lockers. He didn't even have the dignity to face each player and tell them he wasn't happy with his current job.
In a league where the NFL is sometimes referred to as "Not For Long," coaches frequently jump at other opportunities because they know job security is a rarity. Unfortunately, loyalty in sports is virtually obsolete these days. However, this does not excuse Petrino's utter disregard for his team, his colleagues and the Falcon organization.
Petrino's act of betrayal will not land him in any prison. He will most likely avoid any civil liabilities as a result of his resignation. But in the eyes of the sports world, Bobby Petrino's unethical tactics have branded him as a traitor.
Wednesday, September 5, 2007
LEGAL LINE VOL. V
HIDDEN GEMS IN THE NFL'S COLLECTIVE BARGAINING AGREEMENT
By Scott Daniels, Esq., NFL Draft Bible
In 1993, the NFL owners and The NFL Players Association collaborated to form the league's Collective Bargaining Agreement. It is essentially the governing by-laws of the NFL and covers everything from free agency to a team's salary cap.
The NFL's Collective Bargaining Agreement is an amazing document. It is crafted with detail and precision. It's a rather large document and unlike Roger Goodell's Conduct Policy, the Collective Bargaining Agreement is clear and unambiguous. After reading it in entirety, I found a few interesting clauses that I wanted to share.
PRACTICE SQUAD SALARIES
Here's something you probably didn't know. The minimum salary requirement for a practice squad player is $4,700 per week, which includes the playoffs, if applicable. Not bad for a player who rarely dresses for an actual game.
UNSIGNED ROOKIES
What would happen if Jamarcus Russell and the Oakland Raiders fail to come to an agreement on his contract and negotiations break down mid-season? Common knowledge would lead one to believe Russell's only options are to sign with Oakland or force a trade. While these options are certainly available, the NFL's Collective Bargaining Agreement allows for another very interesting scenario.
Under Article XVI, entitled "College Draft," a rookie who fails to sign a contract with the team that drafted him can actually enter the subsequent year's NFL Draft. A rookie can only sign with the team that drafted him up until the day of the following year's draft. On that day, the unsigned rookie becomes eligible to be drafted by any team except the team that initially drafted him.
Section 4(b)(ii) of Article XVI states: "If a Drafted Rookie has not signed a Player Contract during the period from the date of such Draft to the thirteenth day prior to the first Sunday of the regular season: the Club that drafted the player is the only Club with which the player may sign a Player Contract until the day of the Draft in the subsequent League Year, at which time such player is eligible to be drafted in the subsequent League Year's Draft by any Club except the Club that drafted him in the initial Draft."
Jamarcus Russell is supposed to be the face and future of the Oakland Raiders. Imagine if he holds out until next year's draft and declares himself eligible for the 2008 NFL Draft. Through this clause, rookies can hold out an entire year in the hopes that they are drafted to a better team. While I have never seen it done before, it's certainly a possibility.
PLAYER FINES
We all know that violent hits, rambunctious end zone celebrations and unsportsmanlike conduct are common acts that trigger player fines in the NFL. The league treats these violations very seriously and the Collective Bargaining Agreement has an entire section on Club Discipline. Here are some fines you may not have been aware of:
Overweight - Players can actually be fined up to $400 per pound for exceeding the weight limit agreed upon in the player's contract. This fine can be assessed by a team up to two times a week.
Throwing the Football into the Stands - maximum fine of $1,500.
Skipping Mini-Camp - As evidenced by Michael Strahan's recent holdout, a player may be fined up to $14,000 per day, plus one week's regular season salary for each pre-season game missed. Strahan, a veteran defensive end for the New York Giants, was fined over $500,000 for his holdout this season.
You can view the NFL's Collective Bargaining Agreement on the NFL Players Association website at www.nflpa.org.
By Scott Daniels, Esq., NFL Draft Bible
In 1993, the NFL owners and The NFL Players Association collaborated to form the league's Collective Bargaining Agreement. It is essentially the governing by-laws of the NFL and covers everything from free agency to a team's salary cap.
The NFL's Collective Bargaining Agreement is an amazing document. It is crafted with detail and precision. It's a rather large document and unlike Roger Goodell's Conduct Policy, the Collective Bargaining Agreement is clear and unambiguous. After reading it in entirety, I found a few interesting clauses that I wanted to share.
PRACTICE SQUAD SALARIES
Here's something you probably didn't know. The minimum salary requirement for a practice squad player is $4,700 per week, which includes the playoffs, if applicable. Not bad for a player who rarely dresses for an actual game.
UNSIGNED ROOKIES
What would happen if Jamarcus Russell and the Oakland Raiders fail to come to an agreement on his contract and negotiations break down mid-season? Common knowledge would lead one to believe Russell's only options are to sign with Oakland or force a trade. While these options are certainly available, the NFL's Collective Bargaining Agreement allows for another very interesting scenario.
Under Article XVI, entitled "College Draft," a rookie who fails to sign a contract with the team that drafted him can actually enter the subsequent year's NFL Draft. A rookie can only sign with the team that drafted him up until the day of the following year's draft. On that day, the unsigned rookie becomes eligible to be drafted by any team except the team that initially drafted him.
Section 4(b)(ii) of Article XVI states: "If a Drafted Rookie has not signed a Player Contract during the period from the date of such Draft to the thirteenth day prior to the first Sunday of the regular season: the Club that drafted the player is the only Club with which the player may sign a Player Contract until the day of the Draft in the subsequent League Year, at which time such player is eligible to be drafted in the subsequent League Year's Draft by any Club except the Club that drafted him in the initial Draft."
Jamarcus Russell is supposed to be the face and future of the Oakland Raiders. Imagine if he holds out until next year's draft and declares himself eligible for the 2008 NFL Draft. Through this clause, rookies can hold out an entire year in the hopes that they are drafted to a better team. While I have never seen it done before, it's certainly a possibility.
PLAYER FINES
We all know that violent hits, rambunctious end zone celebrations and unsportsmanlike conduct are common acts that trigger player fines in the NFL. The league treats these violations very seriously and the Collective Bargaining Agreement has an entire section on Club Discipline. Here are some fines you may not have been aware of:
Overweight - Players can actually be fined up to $400 per pound for exceeding the weight limit agreed upon in the player's contract. This fine can be assessed by a team up to two times a week.
Throwing the Football into the Stands - maximum fine of $1,500.
Skipping Mini-Camp - As evidenced by Michael Strahan's recent holdout, a player may be fined up to $14,000 per day, plus one week's regular season salary for each pre-season game missed. Strahan, a veteran defensive end for the New York Giants, was fined over $500,000 for his holdout this season.
You can view the NFL's Collective Bargaining Agreement on the NFL Players Association website at www.nflpa.org.
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.
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.
Tuesday, July 31, 2007
THE LEGAL LINE: VOL. I
LIVING IN ROGER'S WORLD
By Scott Daniels, NFL Draft Bible
In an image driven league, the NFL took major steps to clean up its act this year when Commissioner Roger Goodell announced his new Personal Conduct Policy in April. The Policy is a measure of deterrence against the appalling off the field conduct by players that has plagued the league of late. With the Policy, Goodell made it clear that detrimental conduct off the field will not be tolerated. After countless arrests and numerous off the field incidents in 2006, Goodell, who got his start as an administrative intern under then NFL Commissioner Pete Rozelle, is attempting to weather this storm by delivering harsh penalties and swift action. Just ask Pacman Jones and Chris Henry. A year long suspension for Jones and eight games for Henry sent shock waves throughout the league and Goodell's message was loud and clear: Tarnish my league and you'll suffer the consequences.
While Goodell's Policy sounds like an effective way to clean up the NFL's image problems, it raises numerous legal issues that have already spurned controversy throughout the league. I believe that a rigid conduct policy is necessary in a league that has seen its fair share of criminal activity off the field, but the legality of the policy is very suspect. Is Goodell's Policy legal? Does he have the right to suspend players before they are convicted in a court of law? The answer to both questions is Yes and players in the NFL are quickly realizing that their new Commissioner is not afraid to exercise his power.
I am not questioning the rationale behind the Policy. It's absolutely going to make players think twice before acting outside the law. But does it go too far? What happened to the notion of "Innocent until proven guilty?" What about a players' right to due process and his opportunity to defend himself in the court of law? Well, under this new conduct Policy, a player's innocence is no longer presumed.
The major issue I see with this Policy is that a player may lose his ability to be gainfully employed even before he is found guilty of anything. Under the new Policy, a player can be punished by the league before he is convicted of a crime. In fact, there is a clause entitled "Persons Charged with Criminal Activity." According to this section, if a player is simply charged with a criminal matter, he is required to undergo a clinical evaluation and possibly even counseling. During the player's evaluation and / or counseling, if that player is arrested for or charged with additional criminal activity, he has committed "conduct detrimental to the team" and can be suspended or fined at the discretion of the Commissioner.
Goodell has essentially tossed out the idea that some of these players might actually be innocent of the crimes they are charged with. A player who is arrested or charged several times certainly creates the inference that they might not be a model citizen, however, justice cannot be had without listening to all the facts. The presumption of innocence is a pillar of not only the American Legal system, but our society. To suspend or fine a player before he is convicted of a crime contradicts the longstanding idea that a man is always presumed innocent until proven otherwise.
As for the legality of the policy itself, since the NFL is a private entity, Goodell has complete autonomy to create such a policy. While Goodell did consult with Gene Upshaw, the head of the NFL Player's Association and established a six player advisory committee to discuss conduct and disciplinary measures, this Policy was not collectively bargained for, nor was it expressly agreed upon by the entire league. But it doesn't matter because the Policy didn't have to be.
Since the inception of Goodell's new Policy, 3 players have been suspended for off field incidents. The bottom line is, playing in the NFL is a privilege, not a right. Say goodbye to the days of twenty thousand dollar fines that mean nothing to the stud wide out who gets arrested, charged and convicted for driving under the influence. Say hello to Roger Goodell and an incredibly strict conduct policy that has the potential of damaging a truly innocent player's future in the NFL.
Scott Daniels is a NYC Attorney and Co-Founder of The Legal Line. Read about the legal perspective of football politics as one of New York’s premier lawyers provides you with insight and analysis that even Mike Vick would pay for.
Email: scott@nfldraftbible.com
By Scott Daniels, NFL Draft Bible
In an image driven league, the NFL took major steps to clean up its act this year when Commissioner Roger Goodell announced his new Personal Conduct Policy in April. The Policy is a measure of deterrence against the appalling off the field conduct by players that has plagued the league of late. With the Policy, Goodell made it clear that detrimental conduct off the field will not be tolerated. After countless arrests and numerous off the field incidents in 2006, Goodell, who got his start as an administrative intern under then NFL Commissioner Pete Rozelle, is attempting to weather this storm by delivering harsh penalties and swift action. Just ask Pacman Jones and Chris Henry. A year long suspension for Jones and eight games for Henry sent shock waves throughout the league and Goodell's message was loud and clear: Tarnish my league and you'll suffer the consequences.
While Goodell's Policy sounds like an effective way to clean up the NFL's image problems, it raises numerous legal issues that have already spurned controversy throughout the league. I believe that a rigid conduct policy is necessary in a league that has seen its fair share of criminal activity off the field, but the legality of the policy is very suspect. Is Goodell's Policy legal? Does he have the right to suspend players before they are convicted in a court of law? The answer to both questions is Yes and players in the NFL are quickly realizing that their new Commissioner is not afraid to exercise his power.
I am not questioning the rationale behind the Policy. It's absolutely going to make players think twice before acting outside the law. But does it go too far? What happened to the notion of "Innocent until proven guilty?" What about a players' right to due process and his opportunity to defend himself in the court of law? Well, under this new conduct Policy, a player's innocence is no longer presumed.
The major issue I see with this Policy is that a player may lose his ability to be gainfully employed even before he is found guilty of anything. Under the new Policy, a player can be punished by the league before he is convicted of a crime. In fact, there is a clause entitled "Persons Charged with Criminal Activity." According to this section, if a player is simply charged with a criminal matter, he is required to undergo a clinical evaluation and possibly even counseling. During the player's evaluation and / or counseling, if that player is arrested for or charged with additional criminal activity, he has committed "conduct detrimental to the team" and can be suspended or fined at the discretion of the Commissioner.
Goodell has essentially tossed out the idea that some of these players might actually be innocent of the crimes they are charged with. A player who is arrested or charged several times certainly creates the inference that they might not be a model citizen, however, justice cannot be had without listening to all the facts. The presumption of innocence is a pillar of not only the American Legal system, but our society. To suspend or fine a player before he is convicted of a crime contradicts the longstanding idea that a man is always presumed innocent until proven otherwise.
As for the legality of the policy itself, since the NFL is a private entity, Goodell has complete autonomy to create such a policy. While Goodell did consult with Gene Upshaw, the head of the NFL Player's Association and established a six player advisory committee to discuss conduct and disciplinary measures, this Policy was not collectively bargained for, nor was it expressly agreed upon by the entire league. But it doesn't matter because the Policy didn't have to be.
Since the inception of Goodell's new Policy, 3 players have been suspended for off field incidents. The bottom line is, playing in the NFL is a privilege, not a right. Say goodbye to the days of twenty thousand dollar fines that mean nothing to the stud wide out who gets arrested, charged and convicted for driving under the influence. Say hello to Roger Goodell and an incredibly strict conduct policy that has the potential of damaging a truly innocent player's future in the NFL.
Scott Daniels is a NYC Attorney and Co-Founder of The Legal Line. Read about the legal perspective of football politics as one of New York’s premier lawyers provides you with insight and analysis that even Mike Vick would pay for.
Email: scott@nfldraftbible.com
Monday, July 30, 2007
WELCOME TO THE LEGAL LINE!
Scott Daniels and Rick Serritella have partnered up to deliver "The Legal Line", a unique perspective from NYC attorney Scott Daniels as he provides legal insight into the world of Law and Football.
Feel free to contact us and let us know how we are doing or any suggestions you may have.
-RIC
ric@nfldraftbible.com
Feel free to contact us and let us know how we are doing or any suggestions you may have.
-RIC
ric@nfldraftbible.com
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