Recent news reports revealed that Dan Gilbert, the notorious owner of the Cleveland Cavaliers, has employed a law firm to investigate allegations that the Miami Heat violated the NBA’s anti-tampering rules with its alleged efforts to recruit LeBron James while he was a member of the Cavaliers.
This report is hardly shocking in light of the public cat calls by several NBA owners after LeBron’s defection to South Beach. Maybe they knew something… maybe they were just being sore sports… but most importantly, who cares? It is almost laughable to think that NBA stars are in danger of being swayed by managers or owners to leave their cities. If this summer taught us anything, it’s that the players have more control than ever. Below are some images to refresh your memory of past notable recruiting efforts:
- Daryl Morey delivering an ipad to Chris Bosh at midnight, while tweeting an obsequious compliment about Bosh. As an aside, I love how Morey is not too proud to beg for a NBA superstar or even a decent NBA center like Marcin Gortat. The guy wants to win.
- Donnie Walsh being wheeled in after neck surgery to visit the King.
- Jerry Reinsdorf orchestrating a three piece band to greet Tracy McGrady at Chicago O’Hare in 2000. Today, McGrady would be lucky to get a fruitcake. Although, the Bulls are looking for a shooting guard… and McGrady is at 120% as of his latest interview. However, he can’t play the second half of back to backs and will need a special courtside chair.
Point being, NBA players do not need the Association’s help to protect them from intrigue and falling prey to the strong arm of an NBA team. So, who are these anti-tampering rules designed to protect? More fundamental, what are the anti-tampering rules and how are they even enforced? And finally and most importantly, why is the NBA tampering with my fun?
I was not able to find an NBA rulebook that contained the official rules on tampering and didn’t have time to check the latest CBA. So, I cheated and turned to the NBA Oracle, Larry Coon, for the answer. Clearly, an NBA team should not be able to bribe a player and violate the salary cap. This is a good rule. It enforces the salary cap rules and upholds the spirit of the law. It protects competition and parity in the league, allowing small markets like San Antonio to thrive. Also, it prevents a billionaire from buying championship. Unlike baseball and football, one basketball player can potentially lead one to the promise land. This is the reason that Daryl Morey will beg for one. So, if Prokhorov, the Russian billionaire owner of the Nets, offers Carmelo Anthony a lease on one of his yachts for one dollar a year for the duration of Carmelo’s new contract, then the NBA should punish the Nets severely. And, the NBA has proven that it will not hesitate to act – just ask Kevin McHale and the Timberwolves.
But, what about an NBA GM just talking to or about players signed by other teams? Unlike tampering with the salary cap rules, this rule doesn’t protect competition or parity. GMs are not going to steal players with a clever sales pitch. For argument’s sake, I can understand why NBA teams should not be allowed to recruit players on other teams. It might lead to trouble so why not outlaw it. However, the rule has been enforced so broadly that it has become a PR tool of the NBA, much to the fans’ detriment and frustration.
The only apparent enforcement of this rule is when NBA owners or their GMs talk to the media about other players. What’s the direct result? The owners, GMs and other management selectively release information to the media, as part of an insider game of intel and leverage. So, if the rule is designed to keep players from hearing that they are on the trading block, then it fails. If a player follows NBA news and rumors, there is a good chance he will hear his name in a trade rumor regardless of whether he is actually on the block. Certainly, the rule doesn’t suppress trade talk. The biggest story in the NBA for the past month has been the trade negotiations surrounding Carmelo Anthony. If anything, the rule leads to ridiculous reports on trade talk. For example, it was recently reported that the Knicks were looking to trade for OJ Mayo to facilitate a trade to the Nuggets for Carmelo. A day later, immediately following this report, there was a story that unnamed sources revealed that the Nuggets were not interested in Mayo. As a fan, reading these reports makes me feel like I’m being toyed with, like a gerbil. I guess it’s my fault for being interested in trades that could affect the fate of teams that I’m interested in for the next few years.
So, regardless of who the rule is designed to protect, it comes at the cost of the fans’ frustration. NBA fans are interested in trades and trade talks. This is evident in the popularity of the NBA Trade Machine, insider reports, rumor mills and fan websites. Fans would no doubt enjoy hearing news about trade talks directly from GMs or owners. Certainly, they would enjoy not being jerked around by some report designed as misinformation by an agent or GM.
Let’s imagine a world where the rule is abolished. Many GMs would still provide no comments about potential trades or players they are interested in for good reason. Also, there will still be reporters releasing stories that unbeknownst to them are purposeful misinformation, a rumor created by a GM or agent for some strategic purpose. However, there would probably be more accurate reports because GMs would now be allowed to talk. If anything, GM interviews would have the potential to be a hell of lot more entertaining. They could tell stories about how potential trades in the past fell through and fans can wonder what if. They could discuss potential trades in the future or provide insight into trade negotiations.
Based on the foregoing, I propose a fan exception to the anti-tampering rule for the new CBA. This rule would lift the gag order on all owners and GMs from talking to the media about players signed to other teams. Since the last CBA in 2005, trades and trade talk have become an even greater part of the entertainment of following the NBA so why not enhance the coverage and give the fans what they want.
Shawn Grady discusses various NBA-related legal issues as Red94′s legal analyst.
