NFLPA LETTERS & EMAILS
The goal of this 1st letter to the NFLPA was to we respectfully request that the NFLPA pursue and injunction to postpone the NFL Draft until the Deflategate allegations could get sorted out since, should the Patriots be found innocent, the repercussions of depriving an innocent team of a 1st round pick would be monumental!
The content of the letter summarized the history of NFL Rules & incidents related to the “doctoring” of footballs to highlight a pattern of their light or lack of enforcement and general malaise when it came to similar incidents prior to the Patriots’ alleged incident. We pointed out that, even if guilty, the league’s max penalty was $25,000.
We emphasized the 2 most recent incidents where teams were caught red-handed manipulating the football, including one team being punished, ($20,000 fine), not so much for altering the balls (with stickum-laced towels) but because they refused to cooperate with league officials & tried to hide the towels. In the other case, those 2 teams, along with all other teams, received a “reminder letter” from the league not to manipulate the footballs ($25,000 fine).
Based on these and other noted points in the letter, we respectfully asked that the NFLPA pursue the injunction.
This email was triggered by a report by Chris “Mad Dog” Russo on WEEI radio that the NFL Owner’s had plotted to oppose Kraft’s efforts to get the team’s draft picks back (aka Collusion). The email also included a copy of the above letter, requesting an injunction, that had just been mailed to the NFLPA in the DAYS PRIOR TO “Mad Dog’s” allegations.
This letter strongly urged the NFLPA to take swift legal action against the NFL based on the Commissioner’s straying from policy related to process the league (failed to) followed to hand out Brady’s punishment.
The catalyst for the letter was a recent Arbiter’s ruling (Jonathan Marks) in another NFL case, that concluded that the NFL Commissioner can not delegate any part of his duties in a “Conduct Detrimental” case to anyone else (which he did by anointing Troy Vincent to dish out Brady’s punishment).
*Note: We also sent emails of this same content to NFLPA Email list
This email urged the NFLPA (and other recipients) to consider pursuing Congressional action to eliminate Article 46 of the NFL CBA because 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):
i.e. The Commissioner could potentially impose (premediated) punishment, just or unjust, that allows him or a party close to him, to gain financially from this “insider information” by placing legal wagers ahead of unannounced, impending punishment.
*Note: We also sent emails of same content to NFLPA Email list, several members of Congress, Attorneys including NFLPA, Brady & the Kraft Attorneys.