MOSS APPEAL

By Scott Daniels, Esq., NFL Draft Bible

Randy Moss is arguably the most captivating wide receiver in the NFL. He is also one of the most controversial.

 

Moss dazzled fans in Minnesota with his blazing speed and ability to go up and virtually steal the football from mid-air. The Culpepper-Moss tandem was by far one of the most dangerous offensive threats in the last decade. But while Moss was quickly becoming a superstar, his individuality took center stage after he walked off the field during the end of a game while playing for Minnesota.

 

While there was only seconds remaining in that game, fans across the country proclaimed Moss a quitter and a cancer in the locker room.

 

Moss's legal resume dates back to 1996 where he faced charges stemming from an altercation with the mother of his child. The charges were eventually dropped.

 

In 2002, Moss was back in the news after physically bumping a traffic cop with his vehicle and his latest run-in with the law involved an alleged dispute with a woman at her Florida home in January of this year.

 

Earlier this month, the alleged victim, Rachelle Washington, petitioned the court to request that her case against Moss be dismissed. Several media outlets have jumped the gun and immediately began to report that all charges against Moss have been dropped. This is entirely not the case.

 

Washington had obtained a temporary restraining order (TRO) against Moss in early January. She received it "ex parte," which means that she got the TRO without informing Moss, which is perfectly legal. In Moss's case, the TRO directed him to refrain from going within 500 feet of Washington.

 

It's fairly easy to obtain a TRO and the party it's directed towards has no involvement in the proceeding until the actual hearing to determine whether or not the TRO will become a permanent restraining order.

 

No criminal charges were filed against Moss and Washington never filed a civil case against him. In the end, charges against Moss were not dropped because charges never existed.

 

The bottom line is, the media is obsessed with superstar athletes and their legal problems. Although it's unfortunate for Moss, once his name is dropped in the news, the assumption is that he is in trouble with the law. 

 

It has become an American passion to watch our star athletes succumb to our nation's legal system and Moss has become the latest victim of this phenomenon. In this case, the public was privy to a flurry of allegations and rumors and all we knew was that a temporary restraining order was granted. That doesn't sound like a ton of information.

 

Once the story hit the news wires, many depicted Moss as a criminal. Now that Washington has dropped her restraining order against Moss, those same people are condemning Washington and coming to the defense of Moss. Meanwhile, the public knows practically nothing about the actual incident.

 

Rumors are beginning to surface that Moss entered into a settlement agreement with Washington, but it would seem odd to me seeing that the case involved a restraining order and not a civil action against Moss.

 

If there was a payment by Moss, the public will eventually find out, most likely by way of a court filing. And while Moss can get on with his already stellar career, the public's perception of him remains to be suspect.

Happy Valley's Legal Woes Continue

By Scott Daniels, Esq., NFL Draft Bible

The football program at Penn State has always been revered for it's class and demeanor. The infamous blue and white helmets have forever been synonymous with a "blue-collar work ethic" and the Nittany Lions have long refused to take top notch athletes who don't present genuine individual character.

Their field general, the beloved Joe Paterno, is a living legend in college football due in most part for his ability to win with upstanding, disciplined individuals, not just athletic specimens.

As of recent, Penn State's unblemished image is beginning to resemble that of the 2007 Cincinnati Bengals. Numerous football players are seeing more of the court room and less of the weight room this offseason.

The latest incident involved Andrew Quarless, a sophomore tight end, who was suspended indefinitely for an unspecified violation of team rules. To make matters worse, Quarless is no stranger to trouble on campus. Quarless was already suspended last season for underage drinking and missed the first two regular season games of 2007.

Quarless becomes the sixth Penn State football player to be arrested this offseason and the team's legal problems range from disorderly conduct to campus brawls. I know these kids are still in college, but six player arrests in one offseason is downright embarrassing.

What these players don't realize is that their detrimental off-the-field conduct, although it's occurring at the collegiate level, will have monumental effects on their potential professional careers. Millions of dollars are at stake for those chosen to play in the NFL and character has evolved into a mandatory piece of criteria for NFL scouts when evaluating players.
(see http://nfldraftbiblethelegalline.blogspot.com/2007/08/legal-line-vol-ii.html).

Hopefully, Joepa can remedy an already tumultuous off season for the Nittany Lions. It seems that his players are in need of some guidance and supervision. Not that Penn State football players need to be reminded, but in the eyes of the law, collegiate athletes are held to the same standard of conduct as regular students.

Maybe Joepa needs to remind his team what made them so successful in the first place.

Where's Reggie?

By Scott Daniels, Esq., NFL Draft Bible

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

MATT WALSH TO TALK, THEN WHAT?

By Scott Daniels, Esq., NFL Draft Bible

The NFL wants Spygate to be over.

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

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

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

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

More Punishment?

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

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

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

Arlen Specter's Continued Role

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

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

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

Future of Matt Walsh

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

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

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

Recent Developments

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

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

LEGAL LINE PODCAST V - What's The Holdup?

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

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

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

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

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

JUDGMENT DAY FOR REGGIE BUSH IS APPROACHING

By Scott Daniels, Esq., NFL Draft Bible

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

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

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

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

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

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

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

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

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

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

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

Spygate has resurfaced.

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

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

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