ARTICLE 46 & RACKETEERING
We sent letters & emails to various legislative leaders, Deflategate Attorneys, The NFLPA & their Attorneys and even the 45th POTUS, to urge them to consider pursuing Congressional or Legislative action to eliminate Article 46 of the NFL CBA because of the potentially huge gap that it exposes which would be a breach of the Rico Act.
The premise of having an NFL Commissioner armed with “absolute power” under article 46 to dispense punishment on any player, team or organization, at any time, without cause or provocation, exposes a gap that breaches the Rico Act in that the potentially extreme deviations in legal betting lines that result from some punishments, could easily be taken advantage of by someone with “insider knowledge, “prior to punishment being dispensed or announced! (akin to “Insider Trading” in the Financial Services world).
In essence we believe that abuse of power through Article 46, whereby the Commissioner has absolute power, exposes a potential scenario where the Commissioner or those close to him, could use that power for personal gain, particularly through legal gambling means (aka a scheme).
The loophole is created due to one person (NFL Commissioner) having free reign to implement punishment without cause or evidence, which could and has dramatically altered the legal gaming (betting) lines. With such power in one man’s hands, there is a very real possibility that the Commissioner or someone close to him, could scheme to take advantage of an impending, punishment prior to being announced, by placing wagers or scheming with others to place wagers, based on expected impacts of the soon-to-be imposed punishment or penalties. Further, the Commissioner could scheme to purposely deviate from punishment precedent, previously imposed in similar situations, or could purposely scheme to impose a premeditated penalty or punishment solely for the purpose of personal gain (through wagering).
WE FEEL THAT, SIMILAR TO INSIDER TRADING LOOPHOLES THAT HAVE BEEN CLOSED OVER THE YEARS, SO TOO MUST THIS LOOPHOLE BE IMMEDIATELY CLOSED VIA CONGRESSIONAL ACTION ON THE GROUNDS THAT THERE IS CURRENTLY NO OVERSIGHT TO PROTECT AGAINST SUCH A SCHEME, WHICH WOULD BE A BREACH OF THE RICO ACT!
Below is a sampling of the recipient’s that we sent emails to regarding the Racketeering angle:
This is the link to the tweet, sent to, among others, President Trump. The link within the tweet is to the Letter, which outlines how Article 46 and the NFL Commissioner’s “absolute powers” exposes a potential breach of the RICO Act. (See main summary, above)
Screenshot from the DOJ website’s contact form. The content of the message that was submitted to the DOJ is exactly the same as the POTUS LETTER (above)