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.
Wednesday, September 26, 2007
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.
Wednesday, August 29, 2007
LEGAL LINE VOL. IV
WHEN FANTASY BECOMES A REALITY
By Scott Daniels, Esq., NFL Draft Bible
Fantasy Sports has evolved into a billion dollar industry and has become an addiction for sports fans across the globe. It is estimated that some 16 million people participated in fantasy sports in 2006. There's even a Fantasy Sports Trade Association that was set up to address various issues and concerns facing the fantasy sports world. With fantasy sports popularity at an all time high, it is fantasy football that has led the movement.
The concept of it all is brilliant. You, the fan, become General Manager of a team you select in a mock, or unrealistic, draft (Hence the name "fantasy"). You select your team based on statistical probabilities and projections and the end result looks like something similar to a starting offense for the probowl.
Since most leagues consist of friends, colleagues or family members, bragging rights are at stake and your knowledge as a fantasy expert depend on your success in the league.
Bragging rights and reputation are not the only thing up for grabs in most fantasy football leagues. League fees or "buy ins" remain a major part of fantasy football. The first question that a potential league participant will ask when invited into a league is, "How much is the buy in?" Why is that? Because at the end of the season, the league champion not only proclaims himself as the guru of fantasy football, but he or she takes home a sizable cash prize made up of each participant's league fee.
If fantasy football has become so popular among fans, just think how popular it is among players. It's not a secret either. Often times during interviews, players will joke about how they like to see their opponents put up big numbers because that specific player is on their fantasy team. Now, if the majority of these fantasy leagues require a league fee that goes to the winner of the league, just think how large these fees are when the league consists of NFL players. With the league minimum at a mere $285,000, NFL players are most likely buying in for more than a few hundred.
The issue is not how much money is allegedly spent on these leagues by NFL players. The issue is whether or not an NFL player's participation in a fantasy football league for money is gambling. If so, it clearly violates a longstanding NFL principle that carries a lifetime ban as a penalty. In fact, in every player contract, it is expressly stated that "association with gamblers or gambling activities in a manner tending to bring discredit to the NFL" is conduct detrimental to the league. The penalty, as stated in each player contract: "severe penalties up to and including a fine and or suspension from the NFL for life."
Gambling is the risking of money on an outcome that is uncertain. Wagering on the Eagles to beat the Giants by seven is gambling. Wagering on the point total to exceed 44 points in the Bears Redskins game is gambling.
But what about fantasy football? What about the fact that an NFL player might have serious financial implications with how an opposing player fares in the game?
Take this hypothetical scenario:
Week 16. Lions at the Broncos. Under two minutes to play in the 4th Quarter. Broncos lead 31 - 7. Broncos star cornerback Champ Bailey is still in the ballgame. Bailey is probably the best corner in the league and rarely gives up an easy reception. He finds himself covering Calvin Johnson, rookie wide receiver - and coincidentally, Bailey's number two receiver on his fantasy team. Bailey knows that it's Championship week in his fantasy league where the cash prize is $100,000. Lions go deep to Johnson and Bailey fortuitously slips and blows his coverage. Johnson waltzes into the end zone for a 50 yard touchdown. Six points for the Lions. Eleven points for Bailey in his fantasy football league (50 yard reception = 5 points; touchdown = 6 points).
The Broncos already won the game, but one can see how easy it is to draw a negative inference from this scenario. Roger Goodell and NFL feel that a player's participation in a fantasy football league - even if it's for money - is not gambling. Others would beg to differ.
Currently, NFL players are free to participate in fantasy football. For those of you that claim to be fantasy experts, put yourself in the shoes of an NFL player. Would you be enticed to lay down on one play if it translated into an extra $100,000?
By Scott Daniels, Esq., NFL Draft Bible
Fantasy Sports has evolved into a billion dollar industry and has become an addiction for sports fans across the globe. It is estimated that some 16 million people participated in fantasy sports in 2006. There's even a Fantasy Sports Trade Association that was set up to address various issues and concerns facing the fantasy sports world. With fantasy sports popularity at an all time high, it is fantasy football that has led the movement.
The concept of it all is brilliant. You, the fan, become General Manager of a team you select in a mock, or unrealistic, draft (Hence the name "fantasy"). You select your team based on statistical probabilities and projections and the end result looks like something similar to a starting offense for the probowl.
Since most leagues consist of friends, colleagues or family members, bragging rights are at stake and your knowledge as a fantasy expert depend on your success in the league.
Bragging rights and reputation are not the only thing up for grabs in most fantasy football leagues. League fees or "buy ins" remain a major part of fantasy football. The first question that a potential league participant will ask when invited into a league is, "How much is the buy in?" Why is that? Because at the end of the season, the league champion not only proclaims himself as the guru of fantasy football, but he or she takes home a sizable cash prize made up of each participant's league fee.
If fantasy football has become so popular among fans, just think how popular it is among players. It's not a secret either. Often times during interviews, players will joke about how they like to see their opponents put up big numbers because that specific player is on their fantasy team. Now, if the majority of these fantasy leagues require a league fee that goes to the winner of the league, just think how large these fees are when the league consists of NFL players. With the league minimum at a mere $285,000, NFL players are most likely buying in for more than a few hundred.
The issue is not how much money is allegedly spent on these leagues by NFL players. The issue is whether or not an NFL player's participation in a fantasy football league for money is gambling. If so, it clearly violates a longstanding NFL principle that carries a lifetime ban as a penalty. In fact, in every player contract, it is expressly stated that "association with gamblers or gambling activities in a manner tending to bring discredit to the NFL" is conduct detrimental to the league. The penalty, as stated in each player contract: "severe penalties up to and including a fine and or suspension from the NFL for life."
Gambling is the risking of money on an outcome that is uncertain. Wagering on the Eagles to beat the Giants by seven is gambling. Wagering on the point total to exceed 44 points in the Bears Redskins game is gambling.
But what about fantasy football? What about the fact that an NFL player might have serious financial implications with how an opposing player fares in the game?
Take this hypothetical scenario:
Week 16. Lions at the Broncos. Under two minutes to play in the 4th Quarter. Broncos lead 31 - 7. Broncos star cornerback Champ Bailey is still in the ballgame. Bailey is probably the best corner in the league and rarely gives up an easy reception. He finds himself covering Calvin Johnson, rookie wide receiver - and coincidentally, Bailey's number two receiver on his fantasy team. Bailey knows that it's Championship week in his fantasy league where the cash prize is $100,000. Lions go deep to Johnson and Bailey fortuitously slips and blows his coverage. Johnson waltzes into the end zone for a 50 yard touchdown. Six points for the Lions. Eleven points for Bailey in his fantasy football league (50 yard reception = 5 points; touchdown = 6 points).
The Broncos already won the game, but one can see how easy it is to draw a negative inference from this scenario. Roger Goodell and NFL feel that a player's participation in a fantasy football league - even if it's for money - is not gambling. Others would beg to differ.
Currently, NFL players are free to participate in fantasy football. For those of you that claim to be fantasy experts, put yourself in the shoes of an NFL player. Would you be enticed to lay down on one play if it translated into an extra $100,000?
Tuesday, August 21, 2007
NFL: YOU ARE ON THE CLOCK
By Scott Daniels, Esq., NFL Draft Bible
To the hardcore football fan, the NFL Draft is one of the most exciting events, outside of the regular season. Each pick is carefully considered in what is known as a team's "war room" and the preparation for the draft never ends. When Draft Day does finally arrive, players are born into the world of professional football. Some fans rejoice in anticipation of what is to come of their team's future, while others mock their team's front office in frustration on what they believe is a busted pick. It's a day filled with emotions and it is also a day where no team is exactly sure if they won or lost.
Well, the 2007 NFL Draft has come and gone, and it is not a team that is currently on the clock.
It is Roger Goodell and the NFL that are officially on the clock.
Late yesterday, Michael Vick's lawyers announced that he would be pleading guilty to federal conspiracy and dogfighting charges. He is set to plead guilty on Monday, August 27 and the NFL will inevitably follow up with retribution.
The million dollar question is: What will be Vick's penalty from the NFL?
So far, NFL officials have refused to comment on the situation. Goodell's decision will certainly set a major precedent, and while a suspension is imminent, there is a real possibility that Vick may be banned from the league. Goodell also has the power to punish the Falcons organization if he so pleases. From a legal standpoint, Goodell virtually has the power to punish Vick indefinitely. His conduct policy is so vague that he reigns supreme in the NFL. Furthermore, Vick will be pleading guilty, so there is no question of whether or not he committed the crimes charged against him.
As important as a team's draft pick is every year, Goodell's decision on how he handles this situation will be monumental. A punishment too lenient will leave Goodell open to heavy criticism from all angles. If he bans Vick from the league, many will say it's too harsh. Either way, Goodell's decision will be carefully analyzed and critiqued by players, coaches, analysts and the media. With Vick already admitting his wrongdoing, things are only going to get worse.
Mr. Commissioner, you're on the clock.
To the hardcore football fan, the NFL Draft is one of the most exciting events, outside of the regular season. Each pick is carefully considered in what is known as a team's "war room" and the preparation for the draft never ends. When Draft Day does finally arrive, players are born into the world of professional football. Some fans rejoice in anticipation of what is to come of their team's future, while others mock their team's front office in frustration on what they believe is a busted pick. It's a day filled with emotions and it is also a day where no team is exactly sure if they won or lost.
Well, the 2007 NFL Draft has come and gone, and it is not a team that is currently on the clock.
It is Roger Goodell and the NFL that are officially on the clock.
Late yesterday, Michael Vick's lawyers announced that he would be pleading guilty to federal conspiracy and dogfighting charges. He is set to plead guilty on Monday, August 27 and the NFL will inevitably follow up with retribution.
The million dollar question is: What will be Vick's penalty from the NFL?
So far, NFL officials have refused to comment on the situation. Goodell's decision will certainly set a major precedent, and while a suspension is imminent, there is a real possibility that Vick may be banned from the league. Goodell also has the power to punish the Falcons organization if he so pleases. From a legal standpoint, Goodell virtually has the power to punish Vick indefinitely. His conduct policy is so vague that he reigns supreme in the NFL. Furthermore, Vick will be pleading guilty, so there is no question of whether or not he committed the crimes charged against him.
As important as a team's draft pick is every year, Goodell's decision on how he handles this situation will be monumental. A punishment too lenient will leave Goodell open to heavy criticism from all angles. If he bans Vick from the league, many will say it's too harsh. Either way, Goodell's decision will be carefully analyzed and critiqued by players, coaches, analysts and the media. With Vick already admitting his wrongdoing, things are only going to get worse.
Mr. Commissioner, you're on the clock.
Thursday, August 16, 2007
LEGAL LINE: VOL III
YOU THINK YOU KNOW, BUT YOU HAVE NO IDEA
By Scott Daniels, Esq., NFL Draft Bible
His face can be seen in just about every newspaper across the country. His name is about as recognizable as Tiger Woods. He's been featured on CNN, Fox News, Court TV and ESPN on the daily. If you haven't guessed yet, I am talking about the infamous Michael Vick and the enormous amount of publicity that he has gotten as a result of his alleged involvement in a dogfighting operation that took place on property he owned in Virginia.
I know that all of you are familiar with this story and frankly, you're probably sick of hearing about it. Or maybe you are just sick to your stomach when you hear about how grotesque the charges are. But even if you think you are totally familiar with the Vick situation, I thought I would outline some of the specifics in his case and provide you with a few pieces of information that you might not have known.
THE CHARGES
Vick, along with three other individuals, was indicted by a federal grand jury for conspiracy to travel in interstate commerce in aid of unlawful activities AND to sponsor a dog in an animal fighting venture; both violations of federal law. If convicted of the first charge, which is a violation of the "Travel Act," Vick faces a maximum of five years in prison and a $250,000 fine. If Vick is convicted on the dogfighting charge, he faces a maximum of one year in prison or a $100,000 fine – or both. Together, Vick is looking down the barrel at six years imprisonment and up to a $350,000 fine.
THE PROSECUTION'S BURDEN
Conspiracy is defined as an agreement by two or more persons to commit an unlawful act. Basically, the prosecution must prove that Vick knowingly, willfully and voluntarily entered into an agreement with his alleged accomplices to participate in the alleged dog fighting venture. The prosecution in this case, as in every criminal case, must prove Vick's guilt beyond a reasonable doubt. The jurors will be instructed at trial that if they have even the slightest doubt that Vick is guilty, they must acquit.
THE INDICTMENT
Let's just say this was not your run-of-the-mill indictment. At this point, all of you know the severity of the charges and have heard some of the stomach-turning acts performed on these dogs, but I'd like to reiterate some of the particular allegations stated in the actual indictment.
You know that Vick owns the property where the dog fighting venture took place and you know that Vick is alleged to have bankrolled this entire operation.
But did you know that he is alleged to have started this dog fighting venture in 2001 -- the same year he was selected as the first pick in the NFL Draft? It seems as though Vick's financial advisor must have misinterpreted how to invest his money.
You know that Vick and his associates are alleged to have killed dogs that did not perform well in fights?
But did you know that the methods used to kill these dogs included execution with a pistol, hanging, drowning and slamming the dog's body to the ground? In one instance, one of Vick's associates is alleged to have wet a dog down with water and electrocuted the animal. In a dog ring that consisted of approximately 54 pit bull terriers, Vick and his associates are alleged to have executed as many as eight of them.
Did you know that in an effort to breed more dogs, Vick and his associates are alleged to have used what is known as a "rape stand," in which an overly aggressive female dog's head was strapped down so that forced breeding could take place?
By now, you know that Vick and associates allegedly used these dogs to participate in fighting competitions and you are well aware that they gambled on each fight.
But did you know that one dog fight purse is alleged to have been as much as $26,000? This particular fight involved two pit bulls weighing approximately 35 pounds each.
HOW DID VICK GET CAUGHT?
In April of this year, Davon Boddie, a cousin of Vick's, was arrested on drug charges in Hampton, Virginia. Boddie gave police his home address, which – coincidentally -- was the same house that Vick and associates conducted their dogfighting operation. Police obtained a warrant to search Boddie's home to look for more evidence. The initial search led to a large scale probe that uncovered a major dog fighting enterprise known as "Bad Newz Kennels." Whether or not this search was legal under the 4th Amendment (Search and Seizure) will be something for the Judge to decide.
CIVIL CHARGES?
Just when things couldn't get any worse for Vick, South Carolina inmate Jonathan Lee Riches filed a civil suit against him in U.S. District Court in Richmond, VA. The suit claims that Vick stole two pit bulls from Riches' home in Florida and used them for dogfighting.
In one of the most comical, handwritten complaints I have ever read, the suit alleges that Vick sold Riches' dogs on EBAY and "used the proceeds to purchase missiles from the Iran government." It goes on to say that Vick "pled allegiance to Al-Qaeda," and just to make sure Riches wasn't leaving anything out, he claims that Vick is in the business of illegal steroids. Surprisingly, Riches is only seeking a mere $63 billion, "backed by gold and silver, delivered via UPS," to the front of the prison where he currently resides. (A copy of the complaint can be seen at http://www.foxnews.com/projects/pdf/riches_jonathan_file.pdf.
THE BOTTOM LINE
With his co-defendants already striking deals with the prosecution, Vick now faces the dilemma of whether or not to cop a plea himself. In a case where the evidence seems overwhelming, the prosecution is going to have to be extremely careful in the furtherance of their case. We all remember the Duke Lacrosse scandal. In the public eye, those boys were guilty almost immediately.
It's very easy for people to make assumptions before hearing all of the evidence. In law, we are taught to never assume. Therefore, I leave you with one thought: Michael Vick, a rare talent that struck fear into the eyes of opposing defenses, is now facing the real possibility that he may never play in the NFL again.
By Scott Daniels, Esq., NFL Draft Bible
His face can be seen in just about every newspaper across the country. His name is about as recognizable as Tiger Woods. He's been featured on CNN, Fox News, Court TV and ESPN on the daily. If you haven't guessed yet, I am talking about the infamous Michael Vick and the enormous amount of publicity that he has gotten as a result of his alleged involvement in a dogfighting operation that took place on property he owned in Virginia.
I know that all of you are familiar with this story and frankly, you're probably sick of hearing about it. Or maybe you are just sick to your stomach when you hear about how grotesque the charges are. But even if you think you are totally familiar with the Vick situation, I thought I would outline some of the specifics in his case and provide you with a few pieces of information that you might not have known.
THE CHARGES
Vick, along with three other individuals, was indicted by a federal grand jury for conspiracy to travel in interstate commerce in aid of unlawful activities AND to sponsor a dog in an animal fighting venture; both violations of federal law. If convicted of the first charge, which is a violation of the "Travel Act," Vick faces a maximum of five years in prison and a $250,000 fine. If Vick is convicted on the dogfighting charge, he faces a maximum of one year in prison or a $100,000 fine – or both. Together, Vick is looking down the barrel at six years imprisonment and up to a $350,000 fine.
THE PROSECUTION'S BURDEN
Conspiracy is defined as an agreement by two or more persons to commit an unlawful act. Basically, the prosecution must prove that Vick knowingly, willfully and voluntarily entered into an agreement with his alleged accomplices to participate in the alleged dog fighting venture. The prosecution in this case, as in every criminal case, must prove Vick's guilt beyond a reasonable doubt. The jurors will be instructed at trial that if they have even the slightest doubt that Vick is guilty, they must acquit.
THE INDICTMENT
Let's just say this was not your run-of-the-mill indictment. At this point, all of you know the severity of the charges and have heard some of the stomach-turning acts performed on these dogs, but I'd like to reiterate some of the particular allegations stated in the actual indictment.
You know that Vick owns the property where the dog fighting venture took place and you know that Vick is alleged to have bankrolled this entire operation.
But did you know that he is alleged to have started this dog fighting venture in 2001 -- the same year he was selected as the first pick in the NFL Draft? It seems as though Vick's financial advisor must have misinterpreted how to invest his money.
You know that Vick and his associates are alleged to have killed dogs that did not perform well in fights?
But did you know that the methods used to kill these dogs included execution with a pistol, hanging, drowning and slamming the dog's body to the ground? In one instance, one of Vick's associates is alleged to have wet a dog down with water and electrocuted the animal. In a dog ring that consisted of approximately 54 pit bull terriers, Vick and his associates are alleged to have executed as many as eight of them.
Did you know that in an effort to breed more dogs, Vick and his associates are alleged to have used what is known as a "rape stand," in which an overly aggressive female dog's head was strapped down so that forced breeding could take place?
By now, you know that Vick and associates allegedly used these dogs to participate in fighting competitions and you are well aware that they gambled on each fight.
But did you know that one dog fight purse is alleged to have been as much as $26,000? This particular fight involved two pit bulls weighing approximately 35 pounds each.
HOW DID VICK GET CAUGHT?
In April of this year, Davon Boddie, a cousin of Vick's, was arrested on drug charges in Hampton, Virginia. Boddie gave police his home address, which – coincidentally -- was the same house that Vick and associates conducted their dogfighting operation. Police obtained a warrant to search Boddie's home to look for more evidence. The initial search led to a large scale probe that uncovered a major dog fighting enterprise known as "Bad Newz Kennels." Whether or not this search was legal under the 4th Amendment (Search and Seizure) will be something for the Judge to decide.
CIVIL CHARGES?
Just when things couldn't get any worse for Vick, South Carolina inmate Jonathan Lee Riches filed a civil suit against him in U.S. District Court in Richmond, VA. The suit claims that Vick stole two pit bulls from Riches' home in Florida and used them for dogfighting.
In one of the most comical, handwritten complaints I have ever read, the suit alleges that Vick sold Riches' dogs on EBAY and "used the proceeds to purchase missiles from the Iran government." It goes on to say that Vick "pled allegiance to Al-Qaeda," and just to make sure Riches wasn't leaving anything out, he claims that Vick is in the business of illegal steroids. Surprisingly, Riches is only seeking a mere $63 billion, "backed by gold and silver, delivered via UPS," to the front of the prison where he currently resides. (A copy of the complaint can be seen at http://www.foxnews.com/projects/pdf/riches_jonathan_file.pdf.
THE BOTTOM LINE
With his co-defendants already striking deals with the prosecution, Vick now faces the dilemma of whether or not to cop a plea himself. In a case where the evidence seems overwhelming, the prosecution is going to have to be extremely careful in the furtherance of their case. We all remember the Duke Lacrosse scandal. In the public eye, those boys were guilty almost immediately.
It's very easy for people to make assumptions before hearing all of the evidence. In law, we are taught to never assume. Therefore, I leave you with one thought: Michael Vick, a rare talent that struck fear into the eyes of opposing defenses, is now facing the real possibility that he may never play in the NFL again.
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