kodo wrote:I think what's going to disappoint people when this is all over is a slight difference of what's happening.
1. Is it "cap circumvention" or...
2. Is it a billionaire who said he'll agree to invest in Aspiration, and in turn Aspiration could give some friends of his (Kawhi, Wong's daughter) some sweetheart jobs for not doing much.
#2 is perfectly legal.
#1 is going to require that there was a promise of extra funds to Kawhi before he re-signed in LA, and without those funds he would have signed elsewhere. Good look on proving that. It will require a Joe Smith level of documenting that, which would be moronic on LAC's part. But this entire thing has been such so sloppy it wouldn't be that crazy for someone to produce that Joe Smith document.
Certainly agree that #2 is definitely "legal" in the sense of whether something is criminal or not criminal. #2 is not legal under the rules of the CBA though as a way to offer benefits to a player, and I don't think anyone is looking at filing criminal charges against Kawhi/Balmer related to this deal. The CBA most definitely expressly forbids pass through money through 3rd parties what is what is alleged here.
#1 definitely does not require the level of proof you are claiming, here is a direct quote from the CBA:
A violation of Section 2(a) or 2(b) above may be proven by direct or circumstantial evidence, including, but not limited to, evidence that a Player Contract or any term or provision thereof cannot rationally be explained in the absence of conduct violative of Section 2(a) or 2(b).
So if we're to use circumstantial evidence then:
- In actuality, Leonard did nothing with Aspiration so that contract does not make sense
- Balmer funded Aspiration directly prior to payments to Leonard on multiple occasions
- The amount offered to Leonard makes no sense for Aspiration itself, it was 10% of its investor capital raise while teetering on bankruptcy
- Leonard's representatives have a history of asking for impermissible benefits with 3 documented teams
The league is definitely walking a tightrope here, but the above bullets are all things that seemed to generally be accepted as facts today. I think that clears the bar for the phrase in the CBA above pretty easily.
One thing I try to keep in mind here is that Adam Silver works for the teams collectively. His goal is to grow as much money as possible for the owners, but the owners themselves are 30 independent and competitive franchises. If the owners collectively want this to go away, it probably goes away. If the owners collectively want a pound of flesh from Balmer, then they'll likely get that pound of flesh.