Adam Silver says the burden of proof in the NBA’s investigation of the Clippers lies with the NBA.
In simple terms, he’s saying the Clippers are innocent until proven guilty in the Kawhi Leonard–Aspiration mess. On the surface, that’s the fair thing to say.
But it’s not entirely accurate. The league’s Collective Bargaining Agreement allows punishment for cap circumvention to be based on direct or circumstantial evidence. That’s spelled out in Article XIII of the CBA, under “Circumvention.”
As The Stein Line’s Jake Fischer wrote, many rival executives have pointed out that, because there’s already no shortage of circumstantial evidence available, the league wouldn’t necessarily need to uncover more direct connections between Leonard, the Clippers, and Aspiration to drop the hammer. The optics are that bad.
Silver, however, took the opposite stance, telling reporters he would be reluctant to act on the “mere appearance” of impropriety.
Meanwhile, the circumstantial evidence is stacking up. Leonard’s $28 million “no-show” endorsement with Aspiration required no binding obligations. Ballmer invested $50 million of his own money in the same company. And multiple industry sources have said Leonard’s annual payout far exceeded “fair market value” for any comparable endorsement.
That combination is precisely why rival teams are irate. As Fischer noted, without Ballmer’s investment in Aspiration, this might be a non-story. But with it, the situation looks like salary-cap circumvention in plain sight.
If the league truly wants to protect its integrity, circumstantial evidence may be all it needs.
Looking for the latest NBA Insider News & Rumors?
Be sure to follow Hoops Wire on TWITTER and FACEBOOK for breaking NBA News and Rumors for all 30 teams!
Only in America!!
Only in America can we make up a term like “market value”…
Then, when the market wants to speak with money, it is not permitted to speak with money. UNLESS… it has extra money to pay, for a tax….
A tax on the entire team, the more you pay players what you want to pay them, the more you have to pay in to the tax.
SO! And yes, we can make this about race, it’s optional, because you don’t see this ANYWHERE else in capitalism.
Let’s talk about the luxury tax. If Cavs want to sign say Kawhi Leanard to what they feel he is worth to the franchise for his basketball services.. they probably aren’t allowed to. Salary cap. Max contracts. There is no open market. And so the phrase “market value” is an imposter.
If Kawhi was getting for example, 40M from the NBA, and 30M under the table to sign in LA. Guess what.. Whether you like it or not, his market value is AT LEAST 70M. The fact that the NBA stands in the way of Kawhi being able to RECEIVE his true market value, what teams WANT to pay him to obtain and retain him, should be make the NBA the ones we’re looking sideways at. They’ve been “stealing” money from NBA players’ “Market Value” for years, by installing the luxury tax. If Kawhi is worth 70M per year, the Clippers have to pay him 40, the league probably another 20M in taxes, and their under the table 30M.
In that example, Clippers doling out 90M dollars. 70M to KL (30+40), and 20M to the luxury tax. Hi true Market value is then around 90M. Of which he will receive 70M, still LESS THAN his true market value. If you look at the dollars he makes move, can’t argue with that. The market has spoken.
It’s the NBA that has twisted themselves into a not. And will once again scapegoat the talent… the NBA player.. and his team.. for trying to obtain what they know he’s worth to them. The market has spoken.
It’s why I hate it when this site would publish ‘the is no market for….” X and Y players.. when you KNOW somebody WILL pay money for those players… meaning they are in negotiations. There is a market.. and saying there isn’t one is a dirty move that can actually affect the market. Not cool at all. Those headlines turned out to be wrong by the way.
I’m looking forward to the next reporter who actually “FINDS OUT” that the NBA is in a round about legal way, stealing from NBA players’ “market value” with their luxury tax rules.
Cavs payroll will be 228M. It is estimated they will pay 148M in additional luxury tax (google). Estimated total of 376M.
The team will pay 376M to obtain and retain the players on the roster for that season. Of which the players will only receive 228M. Only about 60% of what their MARKET VALUE actually is (376M). The league keeps the rest. To be clear, that’s stealing 40% of a man’s paycheck, every day. Because why? For parity, of course. It’s for the fans so no team dominates. Right?
(Cus that’s what we’ve been told. 😉