The Clippers spent the past year cooperating with an NBA investigation. Now comes the version with subpoenas.
Federal prosecutors in Brooklyn have opened a criminal inquiry into the Clippers’ dealings with Kawhi Leonard, including the endorsement agreements the NBA determined were used to circumvent the salary cap.
As Michael McCann of Sportico explained, that doesn’t mean criminal charges are coming. Investigations can end without anyone being charged, and the scope and potential targets of this one remain unclear.
Still, the federal government possesses investigative tools the NBA does not.
Prosecutors can issue subpoenas, compel the production of records and obtain testimony. At least one subpoena reportedly has already been issued.
That creates potential risks beyond the original question of whether Leonard’s outside compensation violated anything other than NBA rules. Failing to comply with lawful demands, destroying evidence or making materially false statements to federal investigators can produce separate criminal exposure.
In other words, the process can become more dangerous than the original conduct.
The NBA can take draft picks, impose fines and suspend Steve Ballmer. The federal government has a somewhat more intimidating menu.
None of this establishes criminal wrongdoing by Ballmer, Leonard, the Clippers or anyone else. The team has denied wrongdoing, rejected the NBA’s findings and indicated it intends to challenge the league’s penalties.
But this is no longer merely an internal basketball matter.
The Clippers aren’t dealing with investigators hired by the NBA anymore. They’re dealing with prosecutors who can demand answers and documents, then punish anyone who obstructs their efforts to obtain them.
That is an entirely different game.
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