jswede wrote:DubTheVanDamage wrote:jswede wrote:
Rt. Point is, the natural progression, and we're likely already seeing it happen with Dirk, is sacrificing playing salary for post-career interests. Whether it's clipping a salary or ownership, we're still aways off from it becoming regulated.
That is forbidden in the CBA as circumvention of the salary cap:
The CBA also has a general prohibition on circumvention which states that the rules exist to preserve the benefit derived by the teams and players, and that nobody shall do anything to defeat or circumvent the intent of the agreement. The league can use this prohibition to disallow a trade that they feel circumvents the CBA, even though that trade is not specifically prohibited by the agreement.
Examples of conduct considered to be circumvention include:
A team owner allowing a player to invest in a business or investment fund controlled by the owner or a friend of the owner.
A team executive assisting a player in obtaining a product endorsement.
Any "under the table" promises for a future contract.
A team's arena renting retail space to a player on the team.
A team selling a sponsorship to a business in which a player has an interest.
A team hiring a player's relative or business partner as an employee.
A team owner allowing a player the use of his private plane.
A company affiliated with a team's owner making a home available to one of the team's players.
Whenever a contract is signed, extended, renegotiated or otherwise amended, the team, player, and player's agent must certify, under penalty of perjury, that there are no side agreements or understandings of any kind relating to:
Any future contract, or future extension, renegotiation or amendment of the player's current contract.
Any outside compensation, investment, business opportunity or anything else of value furnished to the player or any other person or entity controlled by, related to, or acting on behalf of the player.
The intent of these rules is to ensure that the only agreement from which either the player or the team can benefit is the current, signed player contract. The rules extend to sponsors, business partners and other team affiliates, and to player agents, representatives and family members.
So, what you're suggesting is cheating and requires perjury on top of it.
I know. Only illegal to the degree that it can be proven though. And it can't be.
Well, there are 5 issues:
1) In order for it to happen, LeBron has to be a lying cheater, which I don't think he is
2) Gilbert must also be a lying cheater, which he may be
3) Because there can be no legally binding agreement, LeBron would have no legal protection that Gilbert would honor his agreement. And, under this scenario, Gilbert has proven himself to be a lying cheater, so why would LeBron trust him with tens of millions?
4) Even if LeBron does trust Gilbert, what if Gilbert sells the team? Or dies? Or is arrested for fraud?
5) While there can be some forms of under-the-table remuneration, team ownership isn't one of them. Shares of an NBA team are an asset and must be reported to both the government and the league. If LeBron suddenly owns shares he did not buy at market value, not only will the league go after the Cavs but, unless LeBron declared share grants as income, he will be guilty of tax evasion as well
I'm sure Cuban will 'make it up' to Dirk as much as he can but I seriously doubt either were dumb enough to have any agreement, even a handshake one. Dirk made enough money in his career that he was willing to leave money on the table for the team and its owner. I seriously doubt LeBron will do the same for Gilbert, not should he be expected to.
“I pretty much played the last three games with a broken hand,” James said as he sat there with a softcast on the right hand.
