Things just got fishier today.
Media reports are coming out today that Rochelle Sterling is prepared to agree to a forced sale of the Clippers as long as money terms can be agreed with by the NBA.
Reports have been coming out in a number of media outlets that Rochelle Sterling and the NBA are in discussions as to agree to sell the Clippers before the proposed June 3 hearing to expel LACBC Inc. from the league entirely. Reports which surfaced at TMZ (who broke the tapes in the first place) and ESPN indicate that Donald Sterling has officially surrendered the Clippers.
Given the comments released yesterday by Mark Cuban, this is very suspicious.
Doubly, given the banishment from the league of Sterling about three weeks ago by Commissioner Adam Silver, he is in no legal position to authorize such a sale at this time.
The question is, at this juncture, does this not make this process moot by Rochelle, effectively forcing the June 3rd hearing...
Which brings us back to the first reason that the timing on this comes across as quite suspicious: Mark Cuban.
After having a day to reflect on his comments (and, more correctly, their timing and ramifications thereof), today's reports come across as especially puzzling, because, as Mike Lupica of the New York Daily News put it, that was the best news Sterling's lawyers could've gotten.
The longer I muse on the comments, the more certain I become: The NBA has to charge Cuban for many of the same offenses they charge Sterling with under the NBA Constitution. (Most prominently that, by making his own statements with complete disregard of the ramifications for the league's case against Sterling, Cuban has violated his Duty of Loyalty to the NBA.)
Failure to do so turns the entire mess into a witch hunt that could tear the league asunder if Silver and the legal team at the NBA are not very careful.
That said, there is a very simple counter to today's news:
Null and void.
Donald Sterling cannot legally make any action with respect to the Clippers, due to his banishment from the league April 29.
The only person who could actually give Rochelle that authority is NBA-selected CEO of the Clippers Richard Parsons (who has now run into trouble of his own when it was discovered his basketball resume was false!!!), because Sterling's business-ownership interests in the Clippers now reside with Parsons, until the June 3 meeting has the NBA fully seize the team.
The more I read into this, the more I am beginning to believe the only real grounds the NBA have about LACBC Inc. number two:
1) The players strike if Sterling is still in the NBA.
2) The refusal to pay the $2,500,000 fine.
Friday, May 23, 2014
Thursday, May 22, 2014
Mark Cuban had best get very careful, very fast...
Two recent stories about the outspoken Dallas Mavericks owner
The first one, a few days ago, sparked an interesting comment to my blog from NFLRanking (he of the 2002 Lakers-Kings series videos), about a story which has surfaced about Mark Cuban and the 2006 NBA Finals.
There are, as of yesterday, now conflicting stories as to the involvement of an FBI agent who, for whatever reason, is rumored to have been investigating the 2006 NBA Finals between Cuban's Dallas Mavericks and the Miami Heat -- the Shaquille O'Neal Miami Heat.
Taking from the Oregonian's John Cazano, Cuban was consulting with an FBI agent after the loss, considering a lawsuit against the NBA for fixing the Finals for the Heat.
The agent, Warren Flagg, 20 years with the FBI, is said by the report to have told Cuban:
"Flagg said of the 2006 Finals. "I told him, 'Sue and you'll win your case,' but he knew he'd be killing the Golden Goose.""
It is believed that the free throws were just far too slanted toward the Heat in the series.
Let's see what we find:
Game 1 (June 8): Dallas 90 - Miami 80
Dallas 20-26 Miami 7-19
Shaq was 1-9 from the line in Game 1.
Game 2 (June 11) Dallas 99 - Miami 85
Dallas 23-28 Miami 20-32
Shaq 1-7.
Dallas now leads the series the two games in Dallas to none. It would be the last game in this series Dallas would win.
Game 3 (June 13) Miami 98 - Dallas 96
Miami 20-34 Dallas 18-26
Wade was 13-18 from the line in this game.
Dallas was up 83-71 with 8:36 to play.
Game 4 (June 15) Miami 98 - Dallas 74
Miami 23-36 Dallas 21-27
Pretty balanced here, though Dallas had only 7 fourth quarter points.
Game 5 (June 18) Miami 101 - Dallas 100 (OVERTIME)
Dallas 21-25...
DWAYNE WADE 21-25!!!
Miami actually got FORTY-NINE free throw attempts in Game 5, making 32.
Only four dozen times, according to Basketball-Reference.com, since 1985, has one team received 49 or more free-throws in a playoff game.
The team receiving that many free-throws is 41-7 (and, once, it happened for both teams).
Game 6 (June 20) Miami 95 - Dallas 92
Miami 23-37 Dallas 19-23
Wade was 16-21.
Pretty convincing case that they wanted to give Wade and Shaq a title, eh?
The comment NFLRanking made was simple: Is someone trying to leak this (almost certainly either the Sterlings or someone with their backing) to force at least Cuban (who is, by far, the most visible owner in the NBA) to back down...
It's certainly likely.
I'd almost bet on it now after today's Fox Sports article...
Speech yesterday at a company conference in Tennessee, and he said a number of interesting things about the Sterling case.
I'm going to take them out of order, because I think that there are some things which need to be said under the context of understanding who Mark Cuban is (with relation to a regular person, and with respect to this Donald Sterling situation).
"On how to keep bigotry out of the NBA: "You don't. There's no law against stupid.""
Actually, Mark, yes there is. And if you can't keep bigotry out of the NBA, the NBA can no longer (and I use the Statement of Charge against Sterling as a framework) "promote diversity and inclusion".
In fact, the entire statement of charge is an attempt to legislate, LEGALLY, against Sterling's accepted stupidity.
What Mark Cuban does not understand here is that the concept that we declare "natural rights" does not exist in this country.
One does not have the right to life, liberty, and the pursuit of happiness in this country.
One is only afforded the privileges of liberty and pursuing happiness under the condition that those actions do not inhibit the liberty and pursuit of happiness of others.
I can safely say, given my experiences with law enforcement, multiple schools, and various other entities that there is no sufficient manifestation of my own personal rights which do not sufficiently inhibit those of others.
Hence, I do not have those rights on an a priori basis, and the only question as to action/discipline comes to the level of importance (some locally, some far less so) of the victim.
Donald Sterling doesn't have those rights either, when he uses his own to stomp all over Federal housing laws, Federal workplace laws, etc. and so forth.
That's why there most certainly ARE "laws against stupid", and, in fact, the entire claim the NBA has against Sterling is EXACTLY THIS -- that Donald and Rochelle Sterling are so damned stupid that they have damaged the NBA irreparably, and that the only way to go forward (a players' strike by the African-American player base being the only feasible alternative!) is their immediate expulsion from the league, to the point that the NBA will seize the Clippers in a little less than two weeks.
Or will they?
"On stupidity in general: "I'm the one guy who says don't force the stupid people to be quiet — I want to know who the morons are.""
There's a problem with that when The Stupid/El Stupido is so prevalent that it burns to the point where just about everybody could be considered "stupid" in one form or another.
That's why there are laws against "stupid", because the law and government declare what is "stupid". And, often, what is stupid for one person is not for another.
In fact, the entire point of the law, in many cases, is to marginalize/silence/eliminate the "stupid". For the record, it doesn't do a very good job of it because many laws are, at best, enforced capriciously.
Unfortunately, by speaking in this manner, for who he is, and what he basically has to do within two weeks, I'd almost have to say Cuban has stepped well into "stupid"/"moron" territory this time. He's under significant fire for his comments, and, frankly, a case could be made that, by speaking out in this manner, he has rendered himself actionable under the NBA Constitution and By-Laws.
And these are the worst of the comments, as far as a lot of people are concerned:
"On bigotry in general: "I know I'm prejudiced and I know I'm bigoted in a lot of different ways. If I see a black kid in a hoodie on my side of the street, I'll move to the other side of the street. If I see a white guy with a shaved head and tattoos, I'll move back to the other side of the street. None of us have pure thoughts; we all live in glass houses.""
(Cuban has specifically apologized to the Trayvon Martin family for the hoodie reference, but stands behind the comments made as a whole.)
On surface, he is right. I've had more than one discussion with African-Americans on this subject.
When I get intelligent discussion on the matter, it's either "I can't blame you, with the position you are in." or "This kind of stuff happens when neither side understands the other's culture."
I'm the same way as Cuban, and will use what I see (and hear) to try to ascertain conduct. At the end of the day, yes, I can be considered racist in the same "Avenue Q" ("Everyone's a little bit racist, sometimes...") motif.
But Mark Cuban, in saying this at this time and in this context, has put himself in a lot of trouble.
I'm afraid I must agree with some of the more... reactionary... elements to say that the NBA may now have to examine Mark Cuban's comments here on the basis of when he said what he said, not necessarily just what he said.
The NBA, as a predominantly-Black player league, is in serious damage control over the course of the last month for actions which have "damaged and continues to damage the NBA and its teams."
Given the timing of these comments, Mr. Cuban, have you done the same?
This is another reason the "Duty of Loyalty" charge is so devastating, because, now, someone can easily come back and say Cuban has similarly violated that duty.
Even though Chris Kluwe today took to the Internet to agree with Cuban (if to take him to task for adding some context and the like), I look at these comments, and now do have to question whether the June 3 vote will be unanimous.
And I say that with full understanding with what I've said in the past: That the NBA will look at any vote to retain Sterling as a similar violation of the league's Duty of Loyalty.
The first one, a few days ago, sparked an interesting comment to my blog from NFLRanking (he of the 2002 Lakers-Kings series videos), about a story which has surfaced about Mark Cuban and the 2006 NBA Finals.
There are, as of yesterday, now conflicting stories as to the involvement of an FBI agent who, for whatever reason, is rumored to have been investigating the 2006 NBA Finals between Cuban's Dallas Mavericks and the Miami Heat -- the Shaquille O'Neal Miami Heat.
Taking from the Oregonian's John Cazano, Cuban was consulting with an FBI agent after the loss, considering a lawsuit against the NBA for fixing the Finals for the Heat.
The agent, Warren Flagg, 20 years with the FBI, is said by the report to have told Cuban:
"Flagg said of the 2006 Finals. "I told him, 'Sue and you'll win your case,' but he knew he'd be killing the Golden Goose.""
It is believed that the free throws were just far too slanted toward the Heat in the series.
Let's see what we find:
Game 1 (June 8): Dallas 90 - Miami 80
Dallas 20-26 Miami 7-19
Shaq was 1-9 from the line in Game 1.
Game 2 (June 11) Dallas 99 - Miami 85
Dallas 23-28 Miami 20-32
Shaq 1-7.
Dallas now leads the series the two games in Dallas to none. It would be the last game in this series Dallas would win.
Game 3 (June 13) Miami 98 - Dallas 96
Miami 20-34 Dallas 18-26
Wade was 13-18 from the line in this game.
Dallas was up 83-71 with 8:36 to play.
Game 4 (June 15) Miami 98 - Dallas 74
Miami 23-36 Dallas 21-27
Pretty balanced here, though Dallas had only 7 fourth quarter points.
Game 5 (June 18) Miami 101 - Dallas 100 (OVERTIME)
Dallas 21-25...
DWAYNE WADE 21-25!!!
Miami actually got FORTY-NINE free throw attempts in Game 5, making 32.
Only four dozen times, according to Basketball-Reference.com, since 1985, has one team received 49 or more free-throws in a playoff game.
The team receiving that many free-throws is 41-7 (and, once, it happened for both teams).
Game 6 (June 20) Miami 95 - Dallas 92
Miami 23-37 Dallas 19-23
Wade was 16-21.
Pretty convincing case that they wanted to give Wade and Shaq a title, eh?
The comment NFLRanking made was simple: Is someone trying to leak this (almost certainly either the Sterlings or someone with their backing) to force at least Cuban (who is, by far, the most visible owner in the NBA) to back down...
It's certainly likely.
I'd almost bet on it now after today's Fox Sports article...
Speech yesterday at a company conference in Tennessee, and he said a number of interesting things about the Sterling case.
I'm going to take them out of order, because I think that there are some things which need to be said under the context of understanding who Mark Cuban is (with relation to a regular person, and with respect to this Donald Sterling situation).
"On how to keep bigotry out of the NBA: "You don't. There's no law against stupid.""
Actually, Mark, yes there is. And if you can't keep bigotry out of the NBA, the NBA can no longer (and I use the Statement of Charge against Sterling as a framework) "promote diversity and inclusion".
In fact, the entire statement of charge is an attempt to legislate, LEGALLY, against Sterling's accepted stupidity.
What Mark Cuban does not understand here is that the concept that we declare "natural rights" does not exist in this country.
One does not have the right to life, liberty, and the pursuit of happiness in this country.
One is only afforded the privileges of liberty and pursuing happiness under the condition that those actions do not inhibit the liberty and pursuit of happiness of others.
I can safely say, given my experiences with law enforcement, multiple schools, and various other entities that there is no sufficient manifestation of my own personal rights which do not sufficiently inhibit those of others.
Hence, I do not have those rights on an a priori basis, and the only question as to action/discipline comes to the level of importance (some locally, some far less so) of the victim.
Donald Sterling doesn't have those rights either, when he uses his own to stomp all over Federal housing laws, Federal workplace laws, etc. and so forth.
That's why there most certainly ARE "laws against stupid", and, in fact, the entire claim the NBA has against Sterling is EXACTLY THIS -- that Donald and Rochelle Sterling are so damned stupid that they have damaged the NBA irreparably, and that the only way to go forward (a players' strike by the African-American player base being the only feasible alternative!) is their immediate expulsion from the league, to the point that the NBA will seize the Clippers in a little less than two weeks.
Or will they?
"On stupidity in general: "I'm the one guy who says don't force the stupid people to be quiet — I want to know who the morons are.""
There's a problem with that when The Stupid/El Stupido is so prevalent that it burns to the point where just about everybody could be considered "stupid" in one form or another.
That's why there are laws against "stupid", because the law and government declare what is "stupid". And, often, what is stupid for one person is not for another.
In fact, the entire point of the law, in many cases, is to marginalize/silence/eliminate the "stupid". For the record, it doesn't do a very good job of it because many laws are, at best, enforced capriciously.
Unfortunately, by speaking in this manner, for who he is, and what he basically has to do within two weeks, I'd almost have to say Cuban has stepped well into "stupid"/"moron" territory this time. He's under significant fire for his comments, and, frankly, a case could be made that, by speaking out in this manner, he has rendered himself actionable under the NBA Constitution and By-Laws.
And these are the worst of the comments, as far as a lot of people are concerned:
"On bigotry in general: "I know I'm prejudiced and I know I'm bigoted in a lot of different ways. If I see a black kid in a hoodie on my side of the street, I'll move to the other side of the street. If I see a white guy with a shaved head and tattoos, I'll move back to the other side of the street. None of us have pure thoughts; we all live in glass houses.""
(Cuban has specifically apologized to the Trayvon Martin family for the hoodie reference, but stands behind the comments made as a whole.)
On surface, he is right. I've had more than one discussion with African-Americans on this subject.
When I get intelligent discussion on the matter, it's either "I can't blame you, with the position you are in." or "This kind of stuff happens when neither side understands the other's culture."
I'm the same way as Cuban, and will use what I see (and hear) to try to ascertain conduct. At the end of the day, yes, I can be considered racist in the same "Avenue Q" ("Everyone's a little bit racist, sometimes...") motif.
But Mark Cuban, in saying this at this time and in this context, has put himself in a lot of trouble.
I'm afraid I must agree with some of the more... reactionary... elements to say that the NBA may now have to examine Mark Cuban's comments here on the basis of when he said what he said, not necessarily just what he said.
The NBA, as a predominantly-Black player league, is in serious damage control over the course of the last month for actions which have "damaged and continues to damage the NBA and its teams."
Given the timing of these comments, Mr. Cuban, have you done the same?
This is another reason the "Duty of Loyalty" charge is so devastating, because, now, someone can easily come back and say Cuban has similarly violated that duty.
Even though Chris Kluwe today took to the Internet to agree with Cuban (if to take him to task for adding some context and the like), I look at these comments, and now do have to question whether the June 3 vote will be unanimous.
And I say that with full understanding with what I've said in the past: That the NBA will look at any vote to retain Sterling as a similar violation of the league's Duty of Loyalty.
Wednesday, May 21, 2014
And the latest case of why football needs to go...
I've basically had a belief for a long time that Major League Baseball was part and parcel with steroid, HGH, and PED use during the Steroid Era.
However, in the latest accusation that appears to continue the thread that, if we had laws in this country to punish the economically important, football would cease to exist:
Eight former NFL players, including three members of the 1985 "Super Bowl Shuffle" Chicago Bears championship team, have sued the NFL.
Their charge: The NFL provided drugs and narcotics to the players to allow them to keep playing.
The NFL, according to the lawsuit, is drug-running painkillers and illegally-obtained drugs to allow players to get back on the field faster.
I mean, this is drug-pushing (several of the players reported being addicted to the pills by the end of their careers) to allow players to play, especially in high-profile contests.
If this is proven true... Hello, RICO Act, anybody?
The article lists Percodan, Percocet, Vicodin, Ambien, and "cocktail" combinations...
One drug, injected through the butt, Toradol, would numb the entire body and allow clearly injured players to play without pain.
How bad could it get? Former Bear Keith Van Horne alleges he actually played an entire season with a broken leg -- and didn't find out the leg was broken for a half-decade!!!
It is hoped this goes to trial, but widespread use of the Fifth Amendment protections against self-incrimination are expected.
How much more before someone basically takes the law into their own hands and tries to step in?
However, in the latest accusation that appears to continue the thread that, if we had laws in this country to punish the economically important, football would cease to exist:
Eight former NFL players, including three members of the 1985 "Super Bowl Shuffle" Chicago Bears championship team, have sued the NFL.
Their charge: The NFL provided drugs and narcotics to the players to allow them to keep playing.
The NFL, according to the lawsuit, is drug-running painkillers and illegally-obtained drugs to allow players to get back on the field faster.
I mean, this is drug-pushing (several of the players reported being addicted to the pills by the end of their careers) to allow players to play, especially in high-profile contests.
If this is proven true... Hello, RICO Act, anybody?
The article lists Percodan, Percocet, Vicodin, Ambien, and "cocktail" combinations...
One drug, injected through the butt, Toradol, would numb the entire body and allow clearly injured players to play without pain.
How bad could it get? Former Bear Keith Van Horne alleges he actually played an entire season with a broken leg -- and didn't find out the leg was broken for a half-decade!!!
It is hoped this goes to trial, but widespread use of the Fifth Amendment protections against self-incrimination are expected.
How much more before someone basically takes the law into their own hands and tries to step in?
Wild Thing, I Don't Want You To Move Me
It's bad enough to get thrown out of a baseball game.
It's 100 times worse when you're "Wild Thing" Mitch Williams, and it's 2014, and you're working for MLB Network as a studio analyst...
... and you're thrown out of your son's youth baseball tournament because you are ordering the pitcher to bean another player because he's a "pussy".
Little League Parent Gone Wild
Well, guess what, Mitch? You're gone from MLB Network, at least for now.
Hopefully, that "leave of absence" will be made permanent by your bosses at MLBN...
I talk to friends of mine who lament on how far people go to mistreat all of us.
If you want a great example of this, you've got a former major-leaguer, cushy job with MLB, and he's got to be the big man to order a "pussy" to get beaned.
Oy fucking vey.
It's 100 times worse when you're "Wild Thing" Mitch Williams, and it's 2014, and you're working for MLB Network as a studio analyst...
... and you're thrown out of your son's youth baseball tournament because you are ordering the pitcher to bean another player because he's a "pussy".
Little League Parent Gone Wild
Well, guess what, Mitch? You're gone from MLB Network, at least for now.
Hopefully, that "leave of absence" will be made permanent by your bosses at MLBN...
I talk to friends of mine who lament on how far people go to mistreat all of us.
If you want a great example of this, you've got a former major-leaguer, cushy job with MLB, and he's got to be the big man to order a "pussy" to get beaned.
Oy fucking vey.
Tuesday, May 20, 2014
I Have My Answer on the "Clippers Going Forward" Question..
Just needed some research, and this could become a sticky "property rights" discussion if one really wanted to examine it.
But it's there in Article 14A of the NBA Constitution, .PDF file here at NBA Media Central. (Bottom of page 29 of the document, top of page 30)
Basically, it IS a Forced Sale.
The Clippers would be seized by the league (formally run by the Commissioner's Office), and all funds would be dealt with to pay the employees and the fine and any balance...
... would go to the motherfucking Sterlings.
But it's there in Article 14A of the NBA Constitution, .PDF file here at NBA Media Central. (Bottom of page 29 of the document, top of page 30)
Basically, it IS a Forced Sale.
The Clippers would be seized by the league (formally run by the Commissioner's Office), and all funds would be dealt with to pay the employees and the fine and any balance...
... would go to the motherfucking Sterlings.
The Sterling Charges Come Down, But What Do They Mean?
This is going to be a long post, a complicated one, and I'm not
sure I'm going to get all my points across correctly.
On May 19th, the NBA formally charged Donald Sterling with numerous violations over a three-decade period, culminating in the racist tapes.
This begins a five-day period in which Sterling will have to respond, and, once he does, a ten-day period then ensues until a meeting of the NBA Board of Governors to remove him.
… or is that what the NBA actually is trying to do?
You see, in reading the actual Statement of Charge – the actual written statement required under the NBA Constitution to start the clock – I see more questions than answers.
And, even if I don't get around to it, I want to use this opportunity, in going through this Statement of Charge, to show how fouled up our sports culture is in this country, that a “man” like Sterling can be an owner of a professional sports franchise in North America in the 21st century, and no one bats an eyelash.
In talking about the Statement of Charge, I am going to use the .PDF copy the NBA itself provided in it's Media Center.
"Summary of Sterling Termination Charge
Below is a summary of the charge that was initiated by the NBA on May 19, 2014 against LAC
Basketball Club, Inc. (“LAC”), which owns the Los Angeles Clippers and is itself indirectly owned
in equal shares by Donald and Rochelle Sterling. If the NBA Board of Governors sustains the
charge, the ownership interests of Mr. and Mrs. Sterling in the Clippers will be terminated.”
Seems simple enough, right?
There's one major problem: The charge is in fact against the corporation owning the Clippers, not just Donald and Rochelle Sterling.
This is very important later on, but it's clear that they are not only trying to get Donald out, but Rochelle as well, which should be obvious to anyone.
Now, they lay out the case before making the charge itself in the “Key Facts Supporting Charge”:
"As evidenced by the recording made public on April 26, 2014, and by a subsequent media interview, Donald Sterling has taken discriminatory actions and supported discriminatory positions that have had (and will continue to have) a material adverse impact on the NBA and its teams. Among other things, Mr. Sterling:”
Any remaining doubt that the NBA fixed Games 5 and 6 of the Oklahoma City series to eliminate the Clippers as quickly as possible should go away here. Also, there should be no doubt that there is no coincidence that the charge is filed on the first Monday after the elimination.
An important factor to keep in mind: The NBA recognizes that it will continue to be damaged for Sterling ever having been associated with it.
The more that I read of this, the more I become convinced that the only reason Donald Sterling is not in a jail cell right now is because of the fact he is worth several billion dollars.
This isn't “freedom of speech”. This level of racist conduct is known to be civilly illegal (through numerous civil penalties against Sterling), and is almost certain, on some level, to be criminally illegal.
But none of this was really not known already. This was basically on the tapes.
The most important factor here: The NBA, Adam Silver, and all relevant parties basically openly state that this is an African-American league – that the predominance of players in the league are African-American, and that community must have full acceptance within the NBA for it to continue to function in any respect at all.
These actions and positions
This next part is not widely known:
"In the course of the investigation into Mr. Sterling’s conduct, it was discovered that relevant evidence was destroyed, false and misleading evidence was provided to the NBA’s investigator, and LAC issued a false and misleading press statement regarding this matter.”
Now you definitely have criminality here. The level of criminality involved depends on the actual ability of the investigators to force truthful statements under penalties of law, but there's clearly some form of obstruction going on – on top of everything else!!!
Finally:
Mr. Sterling also has refused to pay the $2.5 million fine imposed on him by Commissioner Silver on April 29, 2014, despite receiving a Notice of Default from the NBA. Through outside counsel, Mr. Sterling has claimed that “no punishment” is warranted for his conduct.”
This is probably the quickest slam dunk they have, but it is relevant to add to the list.
Frankly and bluntly, I would actually think the NBA would be remiss if it didn't add one more supporting charge to the list.
The predominance of players in the league being African-American, Sterling’s racism is a contributing factor to Donald Sterling and LAC Basketball Club Inc. being the worst owners in the history of North American professional sports – that Sterling and LACBC Inc. have the worst winning percentage in any major North American professional sports league with 15 or more years at the position of ownership.
Now, they go into the specific Constitutional “Basis for Termination”:
Charge One: Violations of Constitution 13 (d) – The Tapes
An NBA membership may be terminated if a member or owner fails or refuses to fulfill its contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely.”
Note that specific terminology from the NBA Constitution – they are actually charging the owning corporation of the Clippers with offenses which can terminate membership within the Assocation.
That raises a huge question I will address at the end of the document.
"LAC violated this provision because the acts described above constituted:
the taking or supporting of a position or action which may have a material adverse impact on the league or its teams, in violation of an agreement made by LAC, Mr. Sterling, and Mrs. Sterling in favor of the NBA and its members;”
This is one of the things I ask people to take a look at on a much higher level – this and the next statement:
"a failure to use best efforts to see to it that the sport of professional basketball is conducted according to the highest moral and ethical standards, in violation of the league’s joint venture agreement among LAC and all other NBA members”
Wait – wouldn't the mass epidemic of NBA tanking go with this?
Now you have to ask the question vis-a-vis resting players...
And I'll get to another article which revealed that Mark Cuban was prepared to do a lot more about the 2006 Finals than at first most thought – could that also be a violation of 13 (d)?
"and a violation of the contractual duty of loyalty to support the league in the attainment of its proper purposes, which include among other things the league’s commitment to diversity and inclusion.”
Would you expect a league like the NFL to do more than lip service in this regard?
Didn't think so.
On expansion of this last point:
Charge Two: Violation of the Duty of Loyalty
Under New York law [Blogger's Note: since the NBA's main offices are in New York, the NBA Constitution is administered under the laws of the State of New York], all member teams of the NBA owe each other a duty of loyalty to support the League in the attainment of its proper purposes.
LAC breached this duty of loyalty through the acts described above, which were injurious, harmful, and disruptive to the NBA.”
There is, in fact, legal precedent to indicate that a “faithless servant” (an employee who fails to observe Duty of Loyalty) may be forced to return compensations given him which he is such an employee.
New York, in fact, is one of the most stringent states in this regard.
The NBA, in my opinion, is planning to use this charge in a very specific manner, again to be explained at the end.
However, this charge has serious ramifications in the current sporting regime. Any league which has this clause in it's by-laws, etc., should be examining the role of the owners very carefully, because of the very definition of “Duty of Loyalty”:
"Duty of Loyalty is a term used in corporation law to describe a fiduciaries' "conflicts of interest and requires fiduciaries to put the corporation's interests ahead of their own."”
The owner of the Marlins?
The McCourts, before their expulsion??
Most any owner who is more than willing to put out a crap team year after decade?
Hmmmmmmmmmmmmmmm...
And I'll give you a second serious ramification, this one specific to the Board of Governors meeting:
This charge ensures a 29-0 vote to expel LACBC Inc., and it will by no means be a “fair trial”.
Why?
Any NBA owner/member of the Board of Governors voting no will join him in expulsion, as I am almost certain the NBA will view that as a charge-able offense in and of itself under Duty of Loyalty.
Charge Three: Violation of Constitution Article 13 (a) – Obstruction of “Justice”
"An NBA membership may be terminated if a member or owner willfully violates any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association.
Various provisions of the Constitution were willfully violated when LAC destroyed evidence, provided false and misleading evidence, and issued a false and misleading public statement, as described above.”
This, combined with Duty of Loyalty, could make for serious criminal and civil sanctions, above and beyond the NBA itself. I think it's clear that the NBA is probably (if it's allowed – the reverse is not, but Sterling will almost certainly try to sue, the over-under I give is about Wednesday morning the 21st of May) attempt to recover many millions of dollars from Mr. Sterling.
Charge Four: Violation of Constitution Article 13 (c) – The Fine
“An NBA membership may be terminated upon the failure of a member or owner to pay any indebtedness owing to the league.
This provision has been violated because LAC (through the acts of Mr. Sterling) has not paid, and has stated a refusal to pay, the $2.5 million fine that was imposed on Mr. Sterling on April 29, 2014.”
Pretty straight-forward.
Now, here's the money quote, and here's what brings forth the main questions I have with the entire situation:
"Termination of LAC’s entire membership – including Mrs. Sterling’s interest in the team – is called for by the Constitution and related agreements and is the only viable means for bringing Mr. Sterling’s interest in the Clippers to an end. Under the Constitution and related agreements, Mr. Sterling's words, actions, and views are attributable to and deemed to be the actions of LAC itself. More specifically, if the Board, by a 3/4 vote, sustains termination charges on the basis of Mr. Sterling’s words, actions, and views, the Constitution calls for the entirety of LAC’s membership in the NBA to be “automatically” terminated.”
Ladies and gentlemen, in my own opinion, and in mine alone, that last statement in the Statement of Charge indicates to me that the Nuclear Option – the option of the complete expulsion of the Los Angeles Clippers from the National Basketball Association, and all it implies – has just been invoked.
I believe (as of the time of writing, and I will attempt fan communication with the NBA for clarification the moment I post this) the headline most people are reading on this is incorrect – that this is NOT simply an action to force Sterling to sell the team.
I have been remiss or a bit sloppy in previous blog posts (as readers have pointed out) – if the Los Angeles Clippers are allowed to continue to exist, then LACBC Inc. and the Sterlings get all proceeds (minus the fine). If the Clippers are expelled, then the league gets the proceeds of whatever comes afterward.
I will admit to more than a bit of wishful thinking that I am correct in what I have just said: That we are about to see a Billion-Dollar Willy Wonka moment...
"YOU GET NOTHING!! GOOD DAY, SIR!!!!”
In moving against LACBC Inc. and going for termination of their membership in the National Basketball Association, they are going to remove the owners of the Clippers from the league.
It is my belief as I post this, and I may well be wrong in this, that by terminating their membership, and not simply ownership, that there will be 29 teams in the NBA the moment this vote goes through.
Again, look at Duty of Loyalty, and the strict nature in which New York addresses it and allows for sanctions of pay received.
Look at that they are charging the corporation to get both Sterlings out, and that they are moving for removal of membership, and not simply ownership...
It just got real.
Consider what happens if the Clippers are thrown out of the league by this action:
Mayweather/de la Hoya attempt to put a team in Las Vegas?
Paul Brown trying to put another team in Seattle?
Perhaps another attempt at Canada?
Oh boy...
On May 19th, the NBA formally charged Donald Sterling with numerous violations over a three-decade period, culminating in the racist tapes.
This begins a five-day period in which Sterling will have to respond, and, once he does, a ten-day period then ensues until a meeting of the NBA Board of Governors to remove him.
… or is that what the NBA actually is trying to do?
You see, in reading the actual Statement of Charge – the actual written statement required under the NBA Constitution to start the clock – I see more questions than answers.
And, even if I don't get around to it, I want to use this opportunity, in going through this Statement of Charge, to show how fouled up our sports culture is in this country, that a “man” like Sterling can be an owner of a professional sports franchise in North America in the 21st century, and no one bats an eyelash.
In talking about the Statement of Charge, I am going to use the .PDF copy the NBA itself provided in it's Media Center.
"Summary of Sterling Termination Charge
Below is a summary of the charge that was initiated by the NBA on May 19, 2014 against LAC
Basketball Club, Inc. (“LAC”), which owns the Los Angeles Clippers and is itself indirectly owned
in equal shares by Donald and Rochelle Sterling. If the NBA Board of Governors sustains the
charge, the ownership interests of Mr. and Mrs. Sterling in the Clippers will be terminated.”
Seems simple enough, right?
There's one major problem: The charge is in fact against the corporation owning the Clippers, not just Donald and Rochelle Sterling.
This is very important later on, but it's clear that they are not only trying to get Donald out, but Rochelle as well, which should be obvious to anyone.
Now, they lay out the case before making the charge itself in the “Key Facts Supporting Charge”:
"As evidenced by the recording made public on April 26, 2014, and by a subsequent media interview, Donald Sterling has taken discriminatory actions and supported discriminatory positions that have had (and will continue to have) a material adverse impact on the NBA and its teams. Among other things, Mr. Sterling:”
Any remaining doubt that the NBA fixed Games 5 and 6 of the Oklahoma City series to eliminate the Clippers as quickly as possible should go away here. Also, there should be no doubt that there is no coincidence that the charge is filed on the first Monday after the elimination.
An important factor to keep in mind: The NBA recognizes that it will continue to be damaged for Sterling ever having been associated with it.
- “disparaged African Americans and “minorities”;
- denigrated the contribution of NBA players;
- directed a female acquaintance not to associate publicly with African Americans;
- admonished that acquaintance for posting pictures of herself with African Americans on social media;
- directed that acquaintance not to bring African Americans to Clippers games;
- andcriticized African Americans for not supporting their communities.”
The more that I read of this, the more I become convinced that the only reason Donald Sterling is not in a jail cell right now is because of the fact he is worth several billion dollars.
This isn't “freedom of speech”. This level of racist conduct is known to be civilly illegal (through numerous civil penalties against Sterling), and is almost certain, on some level, to be criminally illegal.
But none of this was really not known already. This was basically on the tapes.
The most important factor here: The NBA, Adam Silver, and all relevant parties basically openly state that this is an African-American league – that the predominance of players in the league are African-American, and that community must have full acceptance within the NBA for it to continue to function in any respect at all.
These actions and positions
- significantly undermine and call into question the NBA’s commitment to diversity and inclusion;
- damage the NBA’s relationship with its fans;
- harm NBA owners, players and Clippers team personnel;
- and impair the NBA’s relationship with marketing partners and licensees, as well as with government and community leaders.”
This next part is not widely known:
"In the course of the investigation into Mr. Sterling’s conduct, it was discovered that relevant evidence was destroyed, false and misleading evidence was provided to the NBA’s investigator, and LAC issued a false and misleading press statement regarding this matter.”
Now you definitely have criminality here. The level of criminality involved depends on the actual ability of the investigators to force truthful statements under penalties of law, but there's clearly some form of obstruction going on – on top of everything else!!!
Finally:
Mr. Sterling also has refused to pay the $2.5 million fine imposed on him by Commissioner Silver on April 29, 2014, despite receiving a Notice of Default from the NBA. Through outside counsel, Mr. Sterling has claimed that “no punishment” is warranted for his conduct.”
This is probably the quickest slam dunk they have, but it is relevant to add to the list.
Frankly and bluntly, I would actually think the NBA would be remiss if it didn't add one more supporting charge to the list.
The predominance of players in the league being African-American, Sterling’s racism is a contributing factor to Donald Sterling and LAC Basketball Club Inc. being the worst owners in the history of North American professional sports – that Sterling and LACBC Inc. have the worst winning percentage in any major North American professional sports league with 15 or more years at the position of ownership.
Now, they go into the specific Constitutional “Basis for Termination”:
Charge One: Violations of Constitution 13 (d) – The Tapes
An NBA membership may be terminated if a member or owner fails or refuses to fulfill its contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely.”
Note that specific terminology from the NBA Constitution – they are actually charging the owning corporation of the Clippers with offenses which can terminate membership within the Assocation.
That raises a huge question I will address at the end of the document.
"LAC violated this provision because the acts described above constituted:
the taking or supporting of a position or action which may have a material adverse impact on the league or its teams, in violation of an agreement made by LAC, Mr. Sterling, and Mrs. Sterling in favor of the NBA and its members;”
This is one of the things I ask people to take a look at on a much higher level – this and the next statement:
"a failure to use best efforts to see to it that the sport of professional basketball is conducted according to the highest moral and ethical standards, in violation of the league’s joint venture agreement among LAC and all other NBA members”
Wait – wouldn't the mass epidemic of NBA tanking go with this?
Now you have to ask the question vis-a-vis resting players...
And I'll get to another article which revealed that Mark Cuban was prepared to do a lot more about the 2006 Finals than at first most thought – could that also be a violation of 13 (d)?
"and a violation of the contractual duty of loyalty to support the league in the attainment of its proper purposes, which include among other things the league’s commitment to diversity and inclusion.”
Would you expect a league like the NFL to do more than lip service in this regard?
Didn't think so.
On expansion of this last point:
Charge Two: Violation of the Duty of Loyalty
Under New York law [Blogger's Note: since the NBA's main offices are in New York, the NBA Constitution is administered under the laws of the State of New York], all member teams of the NBA owe each other a duty of loyalty to support the League in the attainment of its proper purposes.
LAC breached this duty of loyalty through the acts described above, which were injurious, harmful, and disruptive to the NBA.”
There is, in fact, legal precedent to indicate that a “faithless servant” (an employee who fails to observe Duty of Loyalty) may be forced to return compensations given him which he is such an employee.
New York, in fact, is one of the most stringent states in this regard.
The NBA, in my opinion, is planning to use this charge in a very specific manner, again to be explained at the end.
However, this charge has serious ramifications in the current sporting regime. Any league which has this clause in it's by-laws, etc., should be examining the role of the owners very carefully, because of the very definition of “Duty of Loyalty”:
"Duty of Loyalty is a term used in corporation law to describe a fiduciaries' "conflicts of interest and requires fiduciaries to put the corporation's interests ahead of their own."”
The owner of the Marlins?
The McCourts, before their expulsion??
Most any owner who is more than willing to put out a crap team year after decade?
Hmmmmmmmmmmmmmmm...
And I'll give you a second serious ramification, this one specific to the Board of Governors meeting:
This charge ensures a 29-0 vote to expel LACBC Inc., and it will by no means be a “fair trial”.
Why?
Any NBA owner/member of the Board of Governors voting no will join him in expulsion, as I am almost certain the NBA will view that as a charge-able offense in and of itself under Duty of Loyalty.
Charge Three: Violation of Constitution Article 13 (a) – Obstruction of “Justice”
"An NBA membership may be terminated if a member or owner willfully violates any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association.
Various provisions of the Constitution were willfully violated when LAC destroyed evidence, provided false and misleading evidence, and issued a false and misleading public statement, as described above.”
This, combined with Duty of Loyalty, could make for serious criminal and civil sanctions, above and beyond the NBA itself. I think it's clear that the NBA is probably (if it's allowed – the reverse is not, but Sterling will almost certainly try to sue, the over-under I give is about Wednesday morning the 21st of May) attempt to recover many millions of dollars from Mr. Sterling.
Charge Four: Violation of Constitution Article 13 (c) – The Fine
“An NBA membership may be terminated upon the failure of a member or owner to pay any indebtedness owing to the league.
This provision has been violated because LAC (through the acts of Mr. Sterling) has not paid, and has stated a refusal to pay, the $2.5 million fine that was imposed on Mr. Sterling on April 29, 2014.”
Pretty straight-forward.
Now, here's the money quote, and here's what brings forth the main questions I have with the entire situation:
"Termination of LAC’s entire membership – including Mrs. Sterling’s interest in the team – is called for by the Constitution and related agreements and is the only viable means for bringing Mr. Sterling’s interest in the Clippers to an end. Under the Constitution and related agreements, Mr. Sterling's words, actions, and views are attributable to and deemed to be the actions of LAC itself. More specifically, if the Board, by a 3/4 vote, sustains termination charges on the basis of Mr. Sterling’s words, actions, and views, the Constitution calls for the entirety of LAC’s membership in the NBA to be “automatically” terminated.”
Ladies and gentlemen, in my own opinion, and in mine alone, that last statement in the Statement of Charge indicates to me that the Nuclear Option – the option of the complete expulsion of the Los Angeles Clippers from the National Basketball Association, and all it implies – has just been invoked.
I believe (as of the time of writing, and I will attempt fan communication with the NBA for clarification the moment I post this) the headline most people are reading on this is incorrect – that this is NOT simply an action to force Sterling to sell the team.
I have been remiss or a bit sloppy in previous blog posts (as readers have pointed out) – if the Los Angeles Clippers are allowed to continue to exist, then LACBC Inc. and the Sterlings get all proceeds (minus the fine). If the Clippers are expelled, then the league gets the proceeds of whatever comes afterward.
I will admit to more than a bit of wishful thinking that I am correct in what I have just said: That we are about to see a Billion-Dollar Willy Wonka moment...
"YOU GET NOTHING!! GOOD DAY, SIR!!!!”
In moving against LACBC Inc. and going for termination of their membership in the National Basketball Association, they are going to remove the owners of the Clippers from the league.
It is my belief as I post this, and I may well be wrong in this, that by terminating their membership, and not simply ownership, that there will be 29 teams in the NBA the moment this vote goes through.
Again, look at Duty of Loyalty, and the strict nature in which New York addresses it and allows for sanctions of pay received.
Look at that they are charging the corporation to get both Sterlings out, and that they are moving for removal of membership, and not simply ownership...
It just got real.
Consider what happens if the Clippers are thrown out of the league by this action:
Mayweather/de la Hoya attempt to put a team in Las Vegas?
Paul Brown trying to put another team in Seattle?
Perhaps another attempt at Canada?
Oh boy...
Thursday, May 15, 2014
The Latest In The Clippers Saga: Off the Court Edition
Before I get to that, just so it's there, here's the current Round 2 studies up to tonight's end of Miami/Brooklyn and San Antonio/Portland.
Donald Sterling did it again Monday night, the night before Game 4.
Anderson Cooper, on his CNN show, AC360, interviewed Sterling.
If there was any doubt that Donald Sterling should consider himself lucky some LA big-shot hasn't offed him with a bullet to the brain, that Donald Sterling may be the biggest monster in all of sports, some of the shots he took Monday just ratcheted this up another level or two.
Deadspin with the gory details.
Here's how Donald Sterling really feels about Magic Johnson:
Donald Sterling did it again Monday night, the night before Game 4.
Anderson Cooper, on his CNN show, AC360, interviewed Sterling.
If there was any doubt that Donald Sterling should consider himself lucky some LA big-shot hasn't offed him with a bullet to the brain, that Donald Sterling may be the biggest monster in all of sports, some of the shots he took Monday just ratcheted this up another level or two.
Deadspin with the gory details.
Here's how Donald Sterling really feels about Magic Johnson:
"Here
is a man.. he acts so holy. He made love to every girl in every girl in
America in every city and he had AIDS. When he had those AIDS, I went
to my synagogue and I prayed for him.
What
has Magic Johnson done? He's got AIDS. Did he do any business? Did he
help anybody in south L.A.? I think he should be ashamed of himself.
What does he do for the black people? I'm telling you he does nothing.
It's all talk.
I
spent millions on giving away and helping minorities. Does he do that?
That's one problem I have. Jews, when they get successful, they will
help their people.
And
some of the African-Americans, maybe I'll get in trouble again. They
don't want to help anybody. What has Magic Johnson really done for
Children's Hospital which kids are lying in the hallways. They are sick.
They need a bed. What has he done for any hospital? What has he done
for any group?"
Someone needs to lock him up. I don't care if it's simply psychiatric, but the fact of the matter is that someone needs to lock Donald Sterling up for his own protection.
The NBA needs to get rid of the Sterlings (both friends I've talked to and Deadspin now believe Shelly, his wife, might be the bigger problem).
Here's the thing: It's pretty much on the table, barring some sort of emergency mediation on the part of Adam Silver, that there will be a players' strike next year barring the Sterlings going out.
Something's going to happen, Nuclear Option (folding the Clippers) or otherwise.
I really hope the franchise is straight nuked. That this asshole is going to get a billion dollars for incompetence, and, frankly, he should be left to rot....
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