Pablo Torre: Did Clippers Circumvent Salary Cap w/ Kawhi?

[ozgod]

I think the precedent if wrongdoing is confirmed is clear and has been set with the Joe Smith case - monetary fines, loss of draft picks, possibly suspension of key Clippers executives (including Ballmer himself). Kawhi's contract being voided is possible, I think it would be unlikely though.

The big question is - can the league confirm wrongdoing? Is there a smoking gun? In the Joe Smith case, there was clear written documentation of salary cap violations, so proving wrongdoing was clear. In this case, we don't know enough based on Pablo's reporting. We don't know if there's a document that verifies that this "job" was to circumvent the salary cap. We don't know if there are emails or texts that can prove a connection. There may be - that's what the league's investigation is going to try and uncover. I don't think they need evidence "beyond a reasonable doubt" so they don't need a contract that spells out that the job was a quid pro quo, but just a "preponderance of evidence" - emails, texts, things like that that allow them to draw a connection.

If they can't find that level of evidence, if Ballmer and the Clippers can create enough plausible deniability? Maybe they will try and punish the Clippers in some minor way, maybe some reprimand?

My personal take is that it probably was a quid pro quo, but that Ballmer is rich enough that he can hire an army of lawyers and accountants to make sure there's enough plausible deniability ("it's a legit endorsement deal, I invested in this company because I believed in their potential") and no direct links that incriminate him. I wouldn't be surprised if similar things are happening all around the league with star players.

[Moranis]

I don't think they have to prove intentionality.  A team owner paying a player a large endorsement deal should be barrred because of the appearance of impropriety if nothing else.  Sports leagues do almost everything based on image.

[Celtics2021]

If true, in addition to obviously breaking the rules (signing Kawhi to a contract roughly 20% over the max they could offer), the Clippers also avoided over $135 million in luxury taxes, at least by my quick calculations.  A $7.5 million fine does not begin to cut it.

[Donoghus]

If true, in addition to obviously breaking the rules (signing Kawhi to a contract roughly 20% over the max they could offer), the Clippers also avoided over $135 million in luxury taxes, at least by my quick calculations.  A $7.5 million fine does not begin to cut it.

That's a really good point that I haven't seen brought up.

[aefgogreen]

With both financial and basketball penalties a huge part of the salary cap restrictions, I would not be surprised if more teams are trying to things similar to what the Clippers are accused of. The closest I can remember is when their where suspicions the Nets owner was paying Andre Kirilenko through another one of his businesses. Nothing was ever proven.
Adam Silver may be tempted to over regulate (e.g. restrict teams and players making deals with the same entity).  I don't think this is the solution. But I do think the league should (and will) more heavily scrutinize teams' and players' financial transactions.