By Scott Daniels, Esq., NFL Draft Bible
10. Bryant McNeal
McNeal was arrested on July 5, 2007 for a routine traffic stop. Police discovered that he had an outstanding warrant in Florida for defrauding a pawn broker and writing a bad check for $1,500. To make matters worse, he was driving with a suspended license and a busted headlight. Case is pending.
9. Justin Miller
Miller was arrested and charged with Assault on May 20, 2007. Miller allegedly hit a woman after he took a swing at a man who ducked inside a New York Nightclub.
8. Lionel Gates
Gates punched a pregnant woman in the face and was initially charged with felony battery in March of 2007. That was later dropped and he paid a $3,200 fine and had to attend anger management.
7. Lawrence Tynes
Tynes was arrested and charged with felony battery after he allegedly broke a bouncer's nose in a bar fight in August of 2005. Who said kickers were soft?
6. David Boston
Boston was arrested in October of 2005 after he struck a gate agent at a Vermont Airport when he was not allowed to board a flight. Boston pleaded no contest and paid a $500 fine.
5. Tommy Hendricks
Hendricks was arrested and charged with violating a restraining order filed by his ex wife. Hendricks was cut shortly after this incident.
4. Quintin Williams
Williams was arrested in 2005 and charged with a DUI and dragracing near the Miami Dolphins training facility. Williams was clocked at 111 mph. He pleaded down to reckless driving and receivedsix months probation. He was also cut from the Dolphins a day later.
3. Daunte Culpepper, Fred Smoot, Bryant McKinnie, Moe Williams
Following a night partying on cruise boat in 2005, these four men were charged with indecent conduct, disorderly conduct and lewd or lascivious conduct. The complaint alleged, among others, sex toy usage, topless lap dancing, public sex, etc. McKinnie and Smoot pleaded guilty to disorderly conduct, fined one game check by the NFL and given 48 hours community service.
2. AJ Nicholson
In June of 2006, Nicholson was arrested for burglarizing the apartment of a former teammate at Florida State. Nicholson pleaded no contest and received two years probation.
1. Michael Vick
Dogfighting. Enough said.
Friday, October 12, 2007
Tuesday, October 9, 2007
THE FINE HEARD ROUND THE WORLD
By Scott Daniels, Esq., NFL Draft Bible
During last year's Superbowl media frenzy, Brian Urlacher waltzed up to a podium for an ordinary press conference. Since Urlacher and his Chicago Bears team were practicing throughout media week at the Superbowl, it was only natural that he refresh himself with a cool beverage in between practices. Urlacher also exchanged that helmet of his for a cap he owned. The cap he donned was a Vitamin Water cap and the beverage was the same. This is what the NFL would call a "fashion no-no."
Unlike Gatorade, Burger King, Snickers, Pepsi, Samsung, Visa, etc., Vitamin Water is not an official sponsor of the NFL. Therefore, it has no place on the NFL stage and other corporate sponsors stand to lose millions when players sport other logos. OK, understandable. Players cannot wear unofficially licensed gear at NFL events. A simple warning sounds reasonable. Maybe a small fine would be legitimate.
The NFL took a slightly different route. Roger Goodell decided that Mr. Urlacher's actions were the equivalent of a hundred times the amount that Justin Smith, defensive end for the Cincinnati Bengals, received for pleading guilty to a DUI in 2004.
Urlacher was slammed with a $100,000 fine for wearing the Vitamin Water hat and players must now think twice before attending a certified NFL event in that Gucci leisure suit. From a logical standpoint, wearing an unofficially licensed article of clothing doesn't even compare to a criminal offense. Urlacher most likely wore the hat to freely advertise the drink during media week, but to fine him 100K - that's not justice, it's first degree robbery.
Seriously though, when a player acts outside of the interests of the league, or commits a crime that would tarnish the league's image, fines are an easy way to punish offenders. Everyone knows that most fines are insignificant to players that rake in millions each year, but the fine still has to be justified. How does the NFL justify a $100,000 fine on Urlacher for wearing an unofficially licensed hat? Simple. They can't.
Urlacher wore the hat in a press conference during media week of the Superbowl. So yes, the spotlight is a bit brighter during the Superbowl. However, by hitting Urlacher with a major fine that hit news wires immediately and become a relatively large story, Vitamin Water got an enormous amount of publicity. The NFL actually bolstered Urlacher's original intention - to get Vitamin Water some face-time during the Superbowl!
The NFL today is a business. Corporate sponsors run the show and money is the only thing that talks. Original named stadiums are almost extinct and have been replaced by the likes of Gillette Stadium, Lincoln Financial Field, Bank of America Stadium and Monster Park (this one sounds more like an amusement park than a stadium). The fine that Urlacher received was completely ridiculous. Players should be fined that amount when violating the law, not for violating some NFL bylaw inspired by huge conglomerates.
NFL players, I leave you with one piece of legal advice - to protect your hard earned assets, lose the Prada shades in the post game press conference. Start banking with Bank of America instead of Chase. Fly Southwest because we all know Delta isn't official. Trade in that LG for a Samsung and leave that American Express at home, the NFL only accepts VISA. If it's a Coke that you crave, make it a Pepsi and please, whatever you do, trade in that BMW for a General Motors vehicle, just to be safe.
During last year's Superbowl media frenzy, Brian Urlacher waltzed up to a podium for an ordinary press conference. Since Urlacher and his Chicago Bears team were practicing throughout media week at the Superbowl, it was only natural that he refresh himself with a cool beverage in between practices. Urlacher also exchanged that helmet of his for a cap he owned. The cap he donned was a Vitamin Water cap and the beverage was the same. This is what the NFL would call a "fashion no-no."
Unlike Gatorade, Burger King, Snickers, Pepsi, Samsung, Visa, etc., Vitamin Water is not an official sponsor of the NFL. Therefore, it has no place on the NFL stage and other corporate sponsors stand to lose millions when players sport other logos. OK, understandable. Players cannot wear unofficially licensed gear at NFL events. A simple warning sounds reasonable. Maybe a small fine would be legitimate.
The NFL took a slightly different route. Roger Goodell decided that Mr. Urlacher's actions were the equivalent of a hundred times the amount that Justin Smith, defensive end for the Cincinnati Bengals, received for pleading guilty to a DUI in 2004.
Urlacher was slammed with a $100,000 fine for wearing the Vitamin Water hat and players must now think twice before attending a certified NFL event in that Gucci leisure suit. From a logical standpoint, wearing an unofficially licensed article of clothing doesn't even compare to a criminal offense. Urlacher most likely wore the hat to freely advertise the drink during media week, but to fine him 100K - that's not justice, it's first degree robbery.
Seriously though, when a player acts outside of the interests of the league, or commits a crime that would tarnish the league's image, fines are an easy way to punish offenders. Everyone knows that most fines are insignificant to players that rake in millions each year, but the fine still has to be justified. How does the NFL justify a $100,000 fine on Urlacher for wearing an unofficially licensed hat? Simple. They can't.
Urlacher wore the hat in a press conference during media week of the Superbowl. So yes, the spotlight is a bit brighter during the Superbowl. However, by hitting Urlacher with a major fine that hit news wires immediately and become a relatively large story, Vitamin Water got an enormous amount of publicity. The NFL actually bolstered Urlacher's original intention - to get Vitamin Water some face-time during the Superbowl!
The NFL today is a business. Corporate sponsors run the show and money is the only thing that talks. Original named stadiums are almost extinct and have been replaced by the likes of Gillette Stadium, Lincoln Financial Field, Bank of America Stadium and Monster Park (this one sounds more like an amusement park than a stadium). The fine that Urlacher received was completely ridiculous. Players should be fined that amount when violating the law, not for violating some NFL bylaw inspired by huge conglomerates.
NFL players, I leave you with one piece of legal advice - to protect your hard earned assets, lose the Prada shades in the post game press conference. Start banking with Bank of America instead of Chase. Fly Southwest because we all know Delta isn't official. Trade in that LG for a Samsung and leave that American Express at home, the NFL only accepts VISA. If it's a Coke that you crave, make it a Pepsi and please, whatever you do, trade in that BMW for a General Motors vehicle, just to be safe.
Thursday, October 4, 2007
LEGAL LINE VOL. IX
JET TICKET HOLDERS: YOU HAVE A BETTER CHANCE OF GETTING STRUCK BY LIGHTNING THAN WINNING THIS LAWSUIT AGAINST THE PATRIOTS
By Scott Daniels, Esq., NFL Draft Bible
Bill Belichick and the New England Patriots cannot seem to shake their appalling actions revealed earlier this season. In what is now referred to as "SpyGate," the videotaping scandal that raised serious questions about Belichick's credibility has inspired two lawyers from New Jersey to bring a class action lawsuit on behalf of Jet ticket holders and against Belichick and the Patriots.
The suit seeks over $184 million in damages and allegedly dates back to 2000, Belichick's first year as head coach with the Patriots. The suit basically claims that Jet ticket holders should be compensated for all games played in Giants stadium between the Jets and the Patriots as a result of the Patriots' fraudulent actions.
The major issue in this case is whether or not the Patriots have done this before and if so, for how long? There are so many problems with this lawsuit and so many unanswered questions that there is no conceivable way that this suit will be successful.
Problem 1
Lack of evidence. The suit claims that the Patriots have performed acts of fraud against the Jets since 2000. In a civil case, "clear and convincing evidence" is necessary for a favorable verdict. Under this standard, you must convince the trier of fact that it is substantially more likely than not that the thing is in fact true.
Last week, the NFL requested, obtained and destroyed all videotapes stemming from the incident involving Belichick and the Patriots. The NFL's reasoning for the destruction of the tapes was so that no other team could in any way access what was on the tapes.
Apparently, the lawyers bringing this lawsuit feel that they can prove their case with testimony claiming that the Patriots have done this before. To win this case, they need evidence that the Patriots performed fraud against the Jets in the past. Assuming they are unable to obtain any hard evidence, this suit will fade quick.
Problem 2
Valid testimony. Even if these lawyers can find individuals that are willing to testify that the Patriots have done this before, it does not necessarily make it "more likely than not" that the Patriots did it against the Jets in the past. Mere testimony that the Patriots acted fraudulently in the past is too vague. Couple this with a lack of hard evidence and this case has DISMISSED written all over it.
Problem 3
Incorrect Damages. In claiming damages, the lawyers used the number $61.8 million as the amount that it cost fans to attend Patriots - Jets games at Giants Stadium since 2000. The suit claims fraud under federal Racketeer Influenced and Corrupt Organization Act (RICO) and New Jersey Consumer Fraud Act, which allows for triple damages, or $184 million.
Let's hypothetically say that the Patriots engaged in spying against the Jets in the previous eight matchups at Giants Stadium. In each of the Patriots' wins, a good lawyer might be able to argue that Jet fans were deceived - and damaged - through the suspect tactics of Belichick and the Patriots. But what if the Patriots didn't win? Were the fans still damaged?
The Jets defeated the Patriots in 2000, by a score of 20-19. The fans at that game were not damaged. The Patriots quite possibly could have been spying the whole game and certainly broke NFL rules, but Jet fans walked out of Giant Stadium with a victory.
Problem 4
Proving fraud is extremely difficult. Under common law, fraud requires three elements: (1) a material false statement; (2) reliance on that statement; and (3) damages. Although the context here is a little different because we are not dealing with a statement, but rather an action, fraud essentially requires a falsity, reliance on that falsity and a loss of some sort.
Proving damages here will be incredibly hard. The integrity of the game may have been tarnished by Belichick and the Patriots' actions, but to say that the fans were damaged in some way is a weak argument. The lawyers are seeking reimbursement for ticket prices over the years, so proving that damage was done to each ticket holder is a must - and a long-shot at best.
New Jersey lawyers Carl Mayer and Bruce Afran have their work cut out for them. A civil suit against Bill Belichick and the Patriots was most likely inevitable, but this case is certainly not a winner. Proof is a necessity in any case and unfortunately, Mayer and Afran have very little, if any at all.
By Scott Daniels, Esq., NFL Draft Bible
Bill Belichick and the New England Patriots cannot seem to shake their appalling actions revealed earlier this season. In what is now referred to as "SpyGate," the videotaping scandal that raised serious questions about Belichick's credibility has inspired two lawyers from New Jersey to bring a class action lawsuit on behalf of Jet ticket holders and against Belichick and the Patriots.
The suit seeks over $184 million in damages and allegedly dates back to 2000, Belichick's first year as head coach with the Patriots. The suit basically claims that Jet ticket holders should be compensated for all games played in Giants stadium between the Jets and the Patriots as a result of the Patriots' fraudulent actions.
The major issue in this case is whether or not the Patriots have done this before and if so, for how long? There are so many problems with this lawsuit and so many unanswered questions that there is no conceivable way that this suit will be successful.
Problem 1
Lack of evidence. The suit claims that the Patriots have performed acts of fraud against the Jets since 2000. In a civil case, "clear and convincing evidence" is necessary for a favorable verdict. Under this standard, you must convince the trier of fact that it is substantially more likely than not that the thing is in fact true.
Last week, the NFL requested, obtained and destroyed all videotapes stemming from the incident involving Belichick and the Patriots. The NFL's reasoning for the destruction of the tapes was so that no other team could in any way access what was on the tapes.
Apparently, the lawyers bringing this lawsuit feel that they can prove their case with testimony claiming that the Patriots have done this before. To win this case, they need evidence that the Patriots performed fraud against the Jets in the past. Assuming they are unable to obtain any hard evidence, this suit will fade quick.
Problem 2
Valid testimony. Even if these lawyers can find individuals that are willing to testify that the Patriots have done this before, it does not necessarily make it "more likely than not" that the Patriots did it against the Jets in the past. Mere testimony that the Patriots acted fraudulently in the past is too vague. Couple this with a lack of hard evidence and this case has DISMISSED written all over it.
Problem 3
Incorrect Damages. In claiming damages, the lawyers used the number $61.8 million as the amount that it cost fans to attend Patriots - Jets games at Giants Stadium since 2000. The suit claims fraud under federal Racketeer Influenced and Corrupt Organization Act (RICO) and New Jersey Consumer Fraud Act, which allows for triple damages, or $184 million.
Let's hypothetically say that the Patriots engaged in spying against the Jets in the previous eight matchups at Giants Stadium. In each of the Patriots' wins, a good lawyer might be able to argue that Jet fans were deceived - and damaged - through the suspect tactics of Belichick and the Patriots. But what if the Patriots didn't win? Were the fans still damaged?
The Jets defeated the Patriots in 2000, by a score of 20-19. The fans at that game were not damaged. The Patriots quite possibly could have been spying the whole game and certainly broke NFL rules, but Jet fans walked out of Giant Stadium with a victory.
Problem 4
Proving fraud is extremely difficult. Under common law, fraud requires three elements: (1) a material false statement; (2) reliance on that statement; and (3) damages. Although the context here is a little different because we are not dealing with a statement, but rather an action, fraud essentially requires a falsity, reliance on that falsity and a loss of some sort.
Proving damages here will be incredibly hard. The integrity of the game may have been tarnished by Belichick and the Patriots' actions, but to say that the fans were damaged in some way is a weak argument. The lawyers are seeking reimbursement for ticket prices over the years, so proving that damage was done to each ticket holder is a must - and a long-shot at best.
New Jersey lawyers Carl Mayer and Bruce Afran have their work cut out for them. A civil suit against Bill Belichick and the Patriots was most likely inevitable, but this case is certainly not a winner. Proof is a necessity in any case and unfortunately, Mayer and Afran have very little, if any at all.
Wednesday, September 26, 2007
LEGAL LINE VOL. VIII
LEGAL LOCKS FOR 2007
By Scott Daniels, Esq., NFL Draft Bible
The point spread. The over-under. The ten-point teaser. And how could I forget, the infamous parlay. To those of you who don't know what I'm referring to, you either live under a rock or you are completely unaware of the fact that sports gambling has fueled the overwhelming success and popularity of professional football.
You disagree? Why do you think Monday Night Football continues to thrive on prime time television? Simple. It's the last chance for gamblers across the world to make some of the money back they lost the day before. Predicting games and "chasing the action" has made the NFL the most popular sport in this country.
In order to prosper in the world of sports gambling, one must be able to predict the outcomes. Therefore, your bankroll, or lack thereof, depends on your ability to predict the future. This week, I've decided to lay out some spreads and give you my "Legal Locks" of the 2007 season.
MICHAEL VICK'S JAIL SENTENCE Over/Under 2 years
Vick was recently back in the news earlier this week when a Surry County Grand Jury indicted him on state charges of running a dogfighting ring out of his home. Apparently, the state charges, which consist of: (1) unlawfully torturing and killing dogs; and (2) promoting dog fights, each carry maximum prison terms of five years. To make matters worse, Vick just recently tested positive for marijuana.
Vick just can't seem to catch a break. My "Legal Lock of the Week" is to take the Over on his jail sentence line of two years. If these state charges do in fact pan out and Vick's lawyers are unable to dispose of them, his original sentence of 12 - 18 months for his federal charges will be significantly increased. Vick's sentencing is scheduled to take place on December 10.
NUMBER OF BILL BELICHICK FOLLOWERS Over/Under 10 teams
Bill Belichick and the New England Patriots certainly broke the rules. They committed a form of espionage and attempted to gain an advantage by videotaping their opponents' defensive signals. The issue is not whether or not Belichick was cheating. The issue now is whether or not he was the only coach in the league who engaged in this type of conduct.
Coaches are constantly trying to gain an edge. Belichick just so happened to get caught. With the technology we have today, I wouldn't be surprised if teams are coming up with new forms of espionage everyday. My Legal Lock on this line is Over 10 teams. After seeing Belichick's extremely lenient punishment of $500,000, NFL coaches will not be deterred from cheating.
LANCE BRIGGS' BLOOD ALCOHOL CONTENT Over/Under .18%
Briggs, a linebacker for the Chicago Bears, made headlines a few months ago after Illinois police discovered his crashed Lamborghini on a highway. Briggs initially told police that his car was stolen, but later changed his story and told police that he was alone when he crashed his car. Briggs was charged with leaving the scene of an accident, failure to give immediate notice of an accident and improper lane usage. It's not exactly clear when the accident took place, but police discovered the wrecked car at around 3:15am. Briggs was not tested for drugs or alcohol because too much time had passed when police interviewed him.
As lawyers, we are trained to take all the facts and analyze the situation as a whole. Here's what we have: (1) a smashed up vehicle worth about $350,000; (2) vehicle was discovered at around 3:15am; (3) no driver at the scene; (4) conflicting stories about the accident from the owner of the vehicle.
If Briggs wasn't drinking that night, then why flee the scene? The blood alcohol content (BAC) legal limit in Illinois is .08%. My prediction is that Briggs was definitely drinking that night, but the question is how much? My Legal Lock on the Briggs incident is a blood alcohol content Under .18%. Briggs would have had to consume over ten drinks in a relatively short period of time. While that is certainly possible, I'm going to give him the benefit of the doubt on this one.
LEGAL LOCK OF THE YEAR - 2 TEAM PARLAY
1. Terrell Owens will be fined more money than Chad Johnson this year for his Touchdown celebrations.
2. Terry "Tank" Johnson will find trouble in Dallas and will eventually get suspended by the league before the end of this season.
Risk-takers are drawn towards the uncertainty that every Sunday brings. While there is never a sure-shot in the NFL, one thing is definitely certain - the legal drama in the NFL for players and coaches alike will go on for years to come.
By Scott Daniels, Esq., NFL Draft Bible
The point spread. The over-under. The ten-point teaser. And how could I forget, the infamous parlay. To those of you who don't know what I'm referring to, you either live under a rock or you are completely unaware of the fact that sports gambling has fueled the overwhelming success and popularity of professional football.
You disagree? Why do you think Monday Night Football continues to thrive on prime time television? Simple. It's the last chance for gamblers across the world to make some of the money back they lost the day before. Predicting games and "chasing the action" has made the NFL the most popular sport in this country.
In order to prosper in the world of sports gambling, one must be able to predict the outcomes. Therefore, your bankroll, or lack thereof, depends on your ability to predict the future. This week, I've decided to lay out some spreads and give you my "Legal Locks" of the 2007 season.
MICHAEL VICK'S JAIL SENTENCE Over/Under 2 years
Vick was recently back in the news earlier this week when a Surry County Grand Jury indicted him on state charges of running a dogfighting ring out of his home. Apparently, the state charges, which consist of: (1) unlawfully torturing and killing dogs; and (2) promoting dog fights, each carry maximum prison terms of five years. To make matters worse, Vick just recently tested positive for marijuana.
Vick just can't seem to catch a break. My "Legal Lock of the Week" is to take the Over on his jail sentence line of two years. If these state charges do in fact pan out and Vick's lawyers are unable to dispose of them, his original sentence of 12 - 18 months for his federal charges will be significantly increased. Vick's sentencing is scheduled to take place on December 10.
NUMBER OF BILL BELICHICK FOLLOWERS Over/Under 10 teams
Bill Belichick and the New England Patriots certainly broke the rules. They committed a form of espionage and attempted to gain an advantage by videotaping their opponents' defensive signals. The issue is not whether or not Belichick was cheating. The issue now is whether or not he was the only coach in the league who engaged in this type of conduct.
Coaches are constantly trying to gain an edge. Belichick just so happened to get caught. With the technology we have today, I wouldn't be surprised if teams are coming up with new forms of espionage everyday. My Legal Lock on this line is Over 10 teams. After seeing Belichick's extremely lenient punishment of $500,000, NFL coaches will not be deterred from cheating.
LANCE BRIGGS' BLOOD ALCOHOL CONTENT Over/Under .18%
Briggs, a linebacker for the Chicago Bears, made headlines a few months ago after Illinois police discovered his crashed Lamborghini on a highway. Briggs initially told police that his car was stolen, but later changed his story and told police that he was alone when he crashed his car. Briggs was charged with leaving the scene of an accident, failure to give immediate notice of an accident and improper lane usage. It's not exactly clear when the accident took place, but police discovered the wrecked car at around 3:15am. Briggs was not tested for drugs or alcohol because too much time had passed when police interviewed him.
As lawyers, we are trained to take all the facts and analyze the situation as a whole. Here's what we have: (1) a smashed up vehicle worth about $350,000; (2) vehicle was discovered at around 3:15am; (3) no driver at the scene; (4) conflicting stories about the accident from the owner of the vehicle.
If Briggs wasn't drinking that night, then why flee the scene? The blood alcohol content (BAC) legal limit in Illinois is .08%. My prediction is that Briggs was definitely drinking that night, but the question is how much? My Legal Lock on the Briggs incident is a blood alcohol content Under .18%. Briggs would have had to consume over ten drinks in a relatively short period of time. While that is certainly possible, I'm going to give him the benefit of the doubt on this one.
LEGAL LOCK OF THE YEAR - 2 TEAM PARLAY
1. Terrell Owens will be fined more money than Chad Johnson this year for his Touchdown celebrations.
2. Terry "Tank" Johnson will find trouble in Dallas and will eventually get suspended by the league before the end of this season.
Risk-takers are drawn towards the uncertainty that every Sunday brings. While there is never a sure-shot in the NFL, one thing is definitely certain - the legal drama in the NFL for players and coaches alike will go on for years to come.
Wednesday, September 19, 2007
LEGAL LINE VOL. VII
FROM GENIUS TO CHEAT - DID BILL GET WHAT HE DESERVED?
By Scott Daniels, Esq., NFL Draft Bible
He was considered one of the smartest coaches in the NFL. He led the New England Patriots to Superbowl victories in 2001, 2003 and 2004. He's at the helm of one of the greatest professional sports teams in the current decade. He's also at the center of a major controversy involving his team's alleged cheating tactics. Bill Belichick, a man once regarded as a football genius, will now be remembered as a cheat.
A few weeks ago, a Patriots video assistant was caught by NFL officials taping the New York Jets' defensive signals. Following the game, the Jets made formal complaints to the league and Belichick and the Patriots were exploited by the league and the media.
While Belichick caught an incredible amount of criticism and was penalized financially by the league, Roger Goodell's decision not to suspend Belichick is under a great deal of scrutiny. For starters, Belichick was at the forefront of a major operation that gave his club an overwhelming advantage in an otherwise pure game. This is a serious scandal that may very well be running rampant in the NFL. Goodell needed to send a message to all coaches that this type of conduct will not be tolerated. His failure to punish Belichick severely could lead other coaches towards a path of deceit.
Historically, cheating has long been a problem in the sports world. Let's take a look back at some infamous cheats and compare their penalties to the likes of Bill Belichick's.
SAMMY SOSA
Steroid allegations on Sosa are endless, but mere speculation at this point. What Sosa was caught with in 2003 was a corked bat. Umpires discovered his "juiced" bat during a game and Sosa claimed he grabbed the bat "by mistake."
Sosa gained an advantage by corking his bat. Belichick gained an advantage by videotaping his opponent's defensive coaches, a move strictly prohibited by the NFL. Difference between the two? Nothing. They are both cheaters.
DAVID ROBERTSON
During a 1985 British Open qualifier, Robertson was caught moving his ball on the green to a more favorable spot closer to the hole. Players in the tournament eventually realized what was happening and quickly notified officials.
Belichick's actions weren't exactly as obvious as Robertson's, but they still tainted the game.
McLAREN RACING TEAM
In a scandal that has shocked the Formula One Racing world, the McLaren Team was found to have used leaked secret documents belonging to Ferrari. On top of a hefty fine, McLaren may face more punishment if the World Motor Sport Council finds further fraudulent conduct.
Both Belichick and McLaren Racing participated in a form of espionage. Both broke the rules of their respective sports and used their opponents' secretive information to advance their own goals.
Comparison of Punishments
Bill Belichick and the New England Patriots - Belichick was personally fined $500,000. The Patriots were fined an additional $250,000. The Patriots will also lose their first round draft pick if they make the playoffs. If they do not make the playoffs, they will lose their second and third round draft picks.
Sammy Sosa - Suspended eight games (reduced to seven after appeal).
David Robertson - Fined 20,000 pounds (equivalent to around $30,000 at the time) and banned from the PGA European Tour for 20 years.
McLaren Racing Team - Fined $100 Million and stripped of it's points in the "constructors' standings." (Until this point, McLaren had the point lead).
It seems obvious that Belichick's punishment was by far the lightest. In a written statement by Belichick following his embarrassing incident, he stated: "My interpretation of a rule in the [NFL] Constitution and Bylaws was incorrect." Maybe Belichick and the Patriots didn't think they were acting outside the rules when they taped the Jets' defensive signals. In the court of law, ignorance of the law is not an excuse. Luckily for Belichick, his fate did not rest in the hands of a Judge or jury. However, in the public eye, Belichick will be remembered among sports' most infamous cheats.
By Scott Daniels, Esq., NFL Draft Bible
He was considered one of the smartest coaches in the NFL. He led the New England Patriots to Superbowl victories in 2001, 2003 and 2004. He's at the helm of one of the greatest professional sports teams in the current decade. He's also at the center of a major controversy involving his team's alleged cheating tactics. Bill Belichick, a man once regarded as a football genius, will now be remembered as a cheat.
A few weeks ago, a Patriots video assistant was caught by NFL officials taping the New York Jets' defensive signals. Following the game, the Jets made formal complaints to the league and Belichick and the Patriots were exploited by the league and the media.
While Belichick caught an incredible amount of criticism and was penalized financially by the league, Roger Goodell's decision not to suspend Belichick is under a great deal of scrutiny. For starters, Belichick was at the forefront of a major operation that gave his club an overwhelming advantage in an otherwise pure game. This is a serious scandal that may very well be running rampant in the NFL. Goodell needed to send a message to all coaches that this type of conduct will not be tolerated. His failure to punish Belichick severely could lead other coaches towards a path of deceit.
Historically, cheating has long been a problem in the sports world. Let's take a look back at some infamous cheats and compare their penalties to the likes of Bill Belichick's.
SAMMY SOSA
Steroid allegations on Sosa are endless, but mere speculation at this point. What Sosa was caught with in 2003 was a corked bat. Umpires discovered his "juiced" bat during a game and Sosa claimed he grabbed the bat "by mistake."
Sosa gained an advantage by corking his bat. Belichick gained an advantage by videotaping his opponent's defensive coaches, a move strictly prohibited by the NFL. Difference between the two? Nothing. They are both cheaters.
DAVID ROBERTSON
During a 1985 British Open qualifier, Robertson was caught moving his ball on the green to a more favorable spot closer to the hole. Players in the tournament eventually realized what was happening and quickly notified officials.
Belichick's actions weren't exactly as obvious as Robertson's, but they still tainted the game.
McLAREN RACING TEAM
In a scandal that has shocked the Formula One Racing world, the McLaren Team was found to have used leaked secret documents belonging to Ferrari. On top of a hefty fine, McLaren may face more punishment if the World Motor Sport Council finds further fraudulent conduct.
Both Belichick and McLaren Racing participated in a form of espionage. Both broke the rules of their respective sports and used their opponents' secretive information to advance their own goals.
Comparison of Punishments
Bill Belichick and the New England Patriots - Belichick was personally fined $500,000. The Patriots were fined an additional $250,000. The Patriots will also lose their first round draft pick if they make the playoffs. If they do not make the playoffs, they will lose their second and third round draft picks.
Sammy Sosa - Suspended eight games (reduced to seven after appeal).
David Robertson - Fined 20,000 pounds (equivalent to around $30,000 at the time) and banned from the PGA European Tour for 20 years.
McLaren Racing Team - Fined $100 Million and stripped of it's points in the "constructors' standings." (Until this point, McLaren had the point lead).
It seems obvious that Belichick's punishment was by far the lightest. In a written statement by Belichick following his embarrassing incident, he stated: "My interpretation of a rule in the [NFL] Constitution and Bylaws was incorrect." Maybe Belichick and the Patriots didn't think they were acting outside the rules when they taped the Jets' defensive signals. In the court of law, ignorance of the law is not an excuse. Luckily for Belichick, his fate did not rest in the hands of a Judge or jury. However, in the public eye, Belichick will be remembered among sports' most infamous cheats.
Tuesday, September 11, 2007
LEGAL LINE VOL. VI
COULD THE LEAGUE BE LIABLE FOR EVERETT'S INJURY?
By Scott Daniels, Esq., NFL Draft Bible
This past Sunday, football fans rejoiced with the start of the NFL regular season. We saw Peyton Manning dazzle us with three touchdown passes against the Saints. We saw Tom Brady do the same against the Jets. While Eagle fans cringed at the sight of two botched punt returns that cost them the game, Cowboy fans watched in awe as their golden boy Tony Romo put on a show against the Giants.
Rookies were born into the league and veterans reunited for another exciting football season. For one player however, his Sunday took a turn for the worst.
Kevin Everett, a second year reserve Tight End for the Bills, was severely injured after an attempted tackle during a kickoff to start the second half against the Broncos. In what has been categorized as a "catastrophic" and "life-threatening" spinal cord injury, Everett's incident stunned the football world and sent a serious reality check to every player in the league.
This isn't the first time something like this has happened and unfortunately, it probably won't be the last.
Professional football is a dangerous game. Each play has the potential for a bone-crushing hit by an athletic specimen whose goal is to inflict pain on his opponent. Injuries are inevitable, but can the league do more to prevent an injury like the one suffered by Everett this past weekend? Is the NFL doing enough to protect it's players from spinal injuries? Finally, could the league be found liable for Everett's injury?
The NFL has seen it's fair share of serious spinal injuries in the past. In 1991, Dennis Byrd of the Jets was left partially paralyzed after colliding with his teammate. He was physically unable to play football again. That same year, Mike Utley, a guard for the Lions, fractured his spine during a game and was also left paralyzed.
Most notably is Daryl Stingley, former wide receiver for the Patriots. In a pre-season game in 1978, Stingley was violently hit by Jack Tatum of the Raiders while trying to make a catch. Stingley shattered his fourth and fifth vertebrae and became a quadriplegic. Stingley was only 55 when he passed earlier this year. His quadriplegia was said to have contributed to his death.
The NFL has long recognized that leading a tackle with your head up will effectively decrease your chances of injury. In every team locker room, a cautionary sign is posted instructing players to keep their heads up when making a tackle - similar to the sign you see in restaurants instructing patrons and employees on how to conduct the Heimlich maneuver. Is this the best the league can do?
In the legal system, you are negligent and liable to another if you fail to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. The elements that make up negligence include: 1.) a duty; 2.) breach of that duty; 3.) causation; 4.) damages.
Could the league be found negligent in a court of law?
The NFL certainly has a duty to protect it's players. In a league that is inherently violent in nature, the NFL has a responsibility to implement anything that can safeguard it's players against unwarranted injury. The NFL does not satisfy their duty by hanging a sign in a locker room. In an effort to curtail spinal injuries in the future, the NFL should be trying to come up new ways to prevent these incidents.
On whether or not the league breached their duty, one could argue that their inaction on creating preventative measures for these types of injuries is a breach of the league's duty to protect it's players. While it may be a weak argument, the NFL should be studying, analyzing and testing whatever it can to decrease spinal injuries. If the NFL has not studied these injuries to the fullest extent, they are doing a disservice to their players.
The issue of causation is always the toughest to prove. In this situation, it would be incredibly difficult to show that the league's breach of it's duty to protect it's players actually caused Everett's injury. Here, inaction by the league is a very weak causational link and there are other variables that very well may have led to Everett's injury.
The damages that Everett has - and will have in the future - are endless. Although reports now say he will probably regain the ability to walk, Everett will most likely never see the football field again. His livelihood stripped from him in one instance. Everett was one of the select few that was privileged to have the talent and ability required for the NFL. Now, Everett faces a struggle to regain something that most of us take for granted; walking.
Playing the blame game in a situation like this is useless. In the courtroom, blame is translated into liability. While the league would probably not be found liable for Everett's injuries in a court of law, they certainly owe it to Everett to do everything they can to prevent these injuries in the future.
It's just a shame that it takes an incident like Everett's to open up the eyes of the league.
By Scott Daniels, Esq., NFL Draft Bible
This past Sunday, football fans rejoiced with the start of the NFL regular season. We saw Peyton Manning dazzle us with three touchdown passes against the Saints. We saw Tom Brady do the same against the Jets. While Eagle fans cringed at the sight of two botched punt returns that cost them the game, Cowboy fans watched in awe as their golden boy Tony Romo put on a show against the Giants.
Rookies were born into the league and veterans reunited for another exciting football season. For one player however, his Sunday took a turn for the worst.
Kevin Everett, a second year reserve Tight End for the Bills, was severely injured after an attempted tackle during a kickoff to start the second half against the Broncos. In what has been categorized as a "catastrophic" and "life-threatening" spinal cord injury, Everett's incident stunned the football world and sent a serious reality check to every player in the league.
This isn't the first time something like this has happened and unfortunately, it probably won't be the last.
Professional football is a dangerous game. Each play has the potential for a bone-crushing hit by an athletic specimen whose goal is to inflict pain on his opponent. Injuries are inevitable, but can the league do more to prevent an injury like the one suffered by Everett this past weekend? Is the NFL doing enough to protect it's players from spinal injuries? Finally, could the league be found liable for Everett's injury?
The NFL has seen it's fair share of serious spinal injuries in the past. In 1991, Dennis Byrd of the Jets was left partially paralyzed after colliding with his teammate. He was physically unable to play football again. That same year, Mike Utley, a guard for the Lions, fractured his spine during a game and was also left paralyzed.
Most notably is Daryl Stingley, former wide receiver for the Patriots. In a pre-season game in 1978, Stingley was violently hit by Jack Tatum of the Raiders while trying to make a catch. Stingley shattered his fourth and fifth vertebrae and became a quadriplegic. Stingley was only 55 when he passed earlier this year. His quadriplegia was said to have contributed to his death.
The NFL has long recognized that leading a tackle with your head up will effectively decrease your chances of injury. In every team locker room, a cautionary sign is posted instructing players to keep their heads up when making a tackle - similar to the sign you see in restaurants instructing patrons and employees on how to conduct the Heimlich maneuver. Is this the best the league can do?
In the legal system, you are negligent and liable to another if you fail to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. The elements that make up negligence include: 1.) a duty; 2.) breach of that duty; 3.) causation; 4.) damages.
Could the league be found negligent in a court of law?
The NFL certainly has a duty to protect it's players. In a league that is inherently violent in nature, the NFL has a responsibility to implement anything that can safeguard it's players against unwarranted injury. The NFL does not satisfy their duty by hanging a sign in a locker room. In an effort to curtail spinal injuries in the future, the NFL should be trying to come up new ways to prevent these incidents.
On whether or not the league breached their duty, one could argue that their inaction on creating preventative measures for these types of injuries is a breach of the league's duty to protect it's players. While it may be a weak argument, the NFL should be studying, analyzing and testing whatever it can to decrease spinal injuries. If the NFL has not studied these injuries to the fullest extent, they are doing a disservice to their players.
The issue of causation is always the toughest to prove. In this situation, it would be incredibly difficult to show that the league's breach of it's duty to protect it's players actually caused Everett's injury. Here, inaction by the league is a very weak causational link and there are other variables that very well may have led to Everett's injury.
The damages that Everett has - and will have in the future - are endless. Although reports now say he will probably regain the ability to walk, Everett will most likely never see the football field again. His livelihood stripped from him in one instance. Everett was one of the select few that was privileged to have the talent and ability required for the NFL. Now, Everett faces a struggle to regain something that most of us take for granted; walking.
Playing the blame game in a situation like this is useless. In the courtroom, blame is translated into liability. While the league would probably not be found liable for Everett's injuries in a court of law, they certainly owe it to Everett to do everything they can to prevent these injuries in the future.
It's just a shame that it takes an incident like Everett's to open up the eyes of the league.
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.
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