AggieEP said:
I would assume Ballmer has already talked to Silver at least informally here. It's been alluded to in several reports that Ballmer and his deep pockets are good for the league, so maybe Silver said "just go with the deny everything strategy and we'll take care of the rest."
The league has been oddly quiet about such an explosive allegation that undoubtedly harmed the Raptors (not the first time the Raptors have been damaged by a bigger organization). The league might end up coming down with one of those "our investigation showed that Ballmer didn't know what was going on but GENERIC FALL GUY orchestrated this whole thing and is now banned from the NBA forever" statements and dock them a couple of draft picks and take away some cap room. But I'm starting to have serious doubts that the NBA has any incentive to hammer the Clippers here.
Can't take away cap room. That punishes players and isn't a listed penalty in the CBA. The listed penalty is ban for 1y, but realistically, no one is going to want to rehire that guy if it is generic fall guy.
The NBA hired one of the most reputable white shoe big law firms to investigate it. That signals they are spending 7 figures on this and are taking this seriously.
https://en.wikipedia.org/wiki/Wachtell,_Lipton,_Rosen_%26_KatzI don't think they hire WLRK to sweep it under the rug.
The other big thing is reports from Zach Lowe yesterday seem to indicate that other owners are pissed. They do not want the standard to be that stars get extra pay on the side that the owners set up and they also know that Ballmer doing this avoided significantly luxury tax - probably about $65-125M in tax spread out to ~20 teams that were not tax payers.
Silver's investigation doesn't have to abide by the criminal law standard of beyond a reasonable doubt. I think just Pablo's evidence so far gets us beyond a preponderance of evidence. I can believe Ballmer was scammed out of $50MM. That's totally reasonable. I cannot believe that Aspiration gave Kawhi $28MM cash and $20MM in stock to do nothing and have it written that he had no obligation whatsoever in his contract.
Kawhi makes $5.5MM from New Balance. They have a line of shoes, shirts, hats, etc for him. He wears their merch everywhere. He makes commercials and social posts. It is in his social bios with links. This is more than double that much to not do anything at all?
The CBA (Art XIII S1) details that an endorsement deal with a team sponsor cannot be "Substantially in excess of fair market value for services rendered." This wildly and clearly violates that clause on its face. Kawhi was paid exponentially more than all other Aspiration celebrity endorsers combined and didn't do a single thing, plus Kawhi's a significantly lower profile star than people like Robert Downey Jr, Leonardo DiCaprio, and Drake.
-------
Now comes the unintended consequences. I think the NBA should make Kawhi pay back any money received from Aspiration either to charity or to the bankruptcy debtors and his $100MM contract should be cancelled (both are punishments in the CBA.) But the unintended consequence of that is: OKC owns the next two Clippers draft picks. Talk about imbalance of power. LAC should still be a 46-52 win team, even with Kawhi only playing 40-50 games. The Thunder getting two unprotected lottery picks from the Clippers would be a nightmare. Without Kawhi, they are still probably a playin team - assuming all those old dudes state relatively healthy.
What I would love is for the NBA to investigate all players on the Clippers and get all their endorsement deals. I am positive that Kawhi isn't the only one Ballmer did this with. He's certainly not the only one to take a below market deal to sign with LAC.