….. and I personally am assuming these guys (the law firm investigating it all) are not incompetent. Have not read yet …. just popped up on my phone. https://www.nytimes.com/athletic/70...-clippers-scandal/?source=user_shared_article
It comes down to if Silver is going to punish Ballmer or not. There’s just too much evidence already shared that makes both RoboticCornrows and the Flippers look extremely guilty. Maybe Ballmer slips Silver another cool million$ to not do anything at all?
Wachtell is one of the best law firms in the world. They're pretty unique as far as big law firms go in that they're pretty small, just one office in Manhattan compared to their peer firms which have a bunch of offices around the world. They're most famous for one of their founding partners inventing the poison pill defense to hostile takeover bids in the 80s. The guys that work there do nothing but work 24/7 because if you spend a few years there you can get any other job you want. I really don't know what's going to happen with this. I looked at the actual relevant CBA provisions over the summer and thought it might amount to nothing because what the Clippers apparently did here doesn't fit neatly into the "cap circumvention" as actually described in the CBA. And when your argument starts with "well the spirit of the rule is..." you aren't in a strong position when you're talking about a collective bargaining agreement drafted and negotiated by lawyers charging over a thousand dollars an hour. But some of the drops have become so comical that I'm not sure Silver can afford do take minimal action, especially when he's also coming under fire for this tanking stuff. They're two separate issues but part of the same referendum on him as the commissioner.
I disagree that Kawhi’s no-show Aspirations contract does not go against the relevant CBA provisions on cap circumvention. Below are the sections I think there are issues with. Section 2. No unauthorized agreements. (d) A violation of section 2, a or two 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 thereafter cannot rationally be explained in the absence of a Conduct violation Of section 2 a or 2B. I want to bring attention to the word CIRCUMSTANTIAL. I know there have been members on this board that believe there needs to be be written evidence or a smoking gun to prove that Steve Ballmer knew that he was circumventing the cap. This is not the burden of proof that the CBA requires. This is not a court of law and even if it was, it’s not a criminal offense to circumvent the cap. The above section states ALL you need to Circumstantial evidence that cannot be rationally, explained. Giving Kawhi a contract for the initial 28 million Aspirations deal to be a spokesman for a company that he is required to do no work for his very strange. What is totally irrational is that aspirations NEVER Publicly announced this deal. It was up to four times more than superstars like Leo DiCaprio and Robert Downey Jr. were paid and THEY did work. It was more than Kawai’s new balance shoe contract and way over the going rate for star players that have much higher social media presence and outgoing personalities that a company would seek if they were really looking for a spokesman for their company marketing. Kawhi was also listed as the new new owner on the title of a Ritz Carlton penthouse that he “bought” from one of the top guys in the investment firm (that I can’t recall the name of right now) that put in money into Aspirations along the same time as Steve Ballmer did. This was after widely reported request that uncle Dennis was telling team he wanted a house free of charge for Kawhi if he was to sign as a free agent. Both the Lakers and the Raptors complained to the league about this and a “investigation” was opened and found nothing but if you aren’t really looking, you're not really finding anything, are you? Steve Ballmer put in 10 million more dollars after the SEC and others had started on investigation. Aspirations asked 19 other previous investors, and Steve was the only one that invested more money. In the investment paperwork Schedule 3.10 it is disclosed that the company is in default. KPMG resigned as the company’s independent auditor. The Superior court of the State of CA has filed complaint against the company seeking approximately 8.7 million in damages. FINRA is conducting 5 inquiries we needed to the broker dealing business of aspirations financial LLC. The California Department A financial protections and innovation is conducting a routine examination of aspirations financial business. The SEC is currently conducting a review of the ESG representations made by the company. In this same round of fundraising the only other people who put in money was Dennis Wong. A man who HAD NOT been an investor previously and just HAPPENED to be Steve Ballmer’s college roommate and the only other part owner of Clippers at 1%. You can ask who would put in money into a company that Forbes magazine had already reported was in big financial trouble. Their own paperwork you sign says they are in default and are being investigated. Their answer is no one unless there’s another motive. Wong investment just happened to be almost 2 million dollars. Kawhi quarterly payment from Asprirations was over months behind and 9 days after Wongs wire transfer hits, Kawhi gets paid. The same day 20% of the Asprirations workforce is laid off. It makes perfect sense for a company to pay a non working, not announced spokesperson money when you can’t even make payroll. Someone tell me what I did wrong to make my font so small. I can’t figure it out.
Ballmer also says he didn’t know Joseph Sanberg the founder of Aspirations until they met when he was building the Intuit Dome. That has been proven false by Pablo Torre. Steve also stated in his Ramon rebuttal that the Clippers broke ties with Aspirations after they defaulted on their 300 million dollar deal. That’s also not true. Ballmer is still giving charitable donations to Joe Sanberg foundation over a year later. WAY after he claims to have been duped and defrauded and before you say he gives money to all kinds of charities. His wife Connie and he gave an interview to 60 minutes about their foundation and she’s claims they personally go through every request for money and decides to donate or not. You would think you’d say no to a guy who ripped you off, don’t you? The list of circumstantial evidence goes on and on. There’s zero chance this in anything but cap circumvention. Pablo Torre has met with Wachtell. He has given them the evidence that he has. It includes text messages, emails, bank statements, property records, LLC companies started by Uncle Dennis etc. Silver needs to act in the appropriate manner. He himself says cap circumvention is a cardinal sin. Prove you believe in your own words.
I’m well aware of everything you said. The part you are missing is that “player contract” is defined within the CBA to mean the player’s NBA contract. The cap circumvention provisions were drafted to prevent what happened with Joe Smith - where a guy takes way less money on his NBA contract because he’ll be compensated outside of it, thus allowing the Timberwolves to add more players under their salary cap than they otherwise would have been able to do if he’d signed for his market value. This is different - Kawhi is playing on a full max. There is nothing in his “player contract” that’s inexplicable, it’s his Aspiration contract that’s inexplicable. But it is unclear how much power the NBA has to police sponsorship contracts if they aren’t used to artificially lower a player’s number against the cap on his NBA contract. It’s something the league has tried to avoid wading into over the years because it would require inserting themselves between the players and sponsors.