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Talk about seriously evil bastards

Discussion in 'NBA Dish' started by Clutch, Oct 23, 2000.

  1. Clutch

    Clutch Administrator
    Staff Member

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    Check this out from <a href="http://espn.go.com/nba/columns/lawrence/834401.html">Mitch Lawrence's NBA column</a>:
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    The Joe Smith-cap circumvention case isn't putting agents in the best light, to say the least. Dirty tactics are at the core of the case, according to persons with direct knowledge of the illegal agreement. They've surfaced when two central questions have been probed:

    1) Who spilled the beans that Smith, via ex-agent Eric Fleisher, and the Timberwolves had cut an illegal future deal where he could have earned $90 million?

    Someone with direct connections to Andy Miller and Dan Fegan -- Smith's current agent and most recent agent -- if not one of the two.

    The motive was that Miller and Fegan were not going to get a commission off the secret deal. Now, working together, which Smith apparently doesn't know about, they will get the commission on whatever new deal is reached, even though Smith will get considerably less. Meanwhile, Fleisher stands to lose several million dollars.

    2) Why was the secret deal in writing, instead of consummated verbally? Fleisher insisted on it. Fleisher and T-wolves VP Kevin McHale became bitter enemies over the Kevin Garnett contract, with Fleisher going behind McHale's back to get Garnett an additional $21 mil and a record $126 mil deal from owner Glen Taylor. Because of the bad feelings between the agent and Minny exec, Fleisher wanted to deal only with Taylor. But here's the catch: With Taylor facing extensive heart surgery as the Smith negotiations started, Fleisher covered his bases by having it put in writing, just in case Taylor didn't survive. That's where there's a smoking gun.


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    [This message has been edited by Clutch (edited October 23, 2000).]
     
  2. Nolen

    Nolen Member

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    Damn, that's crazy. But I don't understand the bit between Fleisher and McHale- how could Fleisher been involved with Garnett's contract? Garnett's agent is the uber-agent guy, can't remember his name right now.

    It's pretty ugly, but a lot of people have done a lot worse for a lot less money.
     
  3. bobrek

    bobrek Politics belong in the D & D

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    Fleisher was Garnett's agent during the signing of his large contract.

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  4. JuanValdez

    JuanValdez Member

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    I don't understand (and I don't quite believe) why Smith's current agent wouldn't get the commission off his big signing. The deal isn't supposed to be made until next summer, so how can the guy who got fired last year make money on a contract that isn't allowed yet at the time of his firing? That doesn't make sense to me, and I don't believe it's true. Besides, if that were the case, wouldn't Smith be suspicious of his new agents, knowing what they had to gain or lose? Even if he wasn't, wouldn't his old agent warn him, to be sure the deal doesn't get derailed in this fashion? Fleisher certainly has everything to gain in this scenario by making sure Smith got his big contract, and I'd assume he'd make every effort to get it to fruition even after he was fired. And finally, once Smith finds out about the double-cross, why the hell would he allow his current agent to make any money at all on him? He'd fire that agent in a second. And, finally, that would be professional suicide for the agents because no player or team could ever trust them again.

    As for why it was written: if McHale and Fleischer trusted each other so little, how could they possibly agree on an illegal, nonbinding promise? At the end of 3 years, McHale could tell Fleischer 'I know I said 90 million, but I'm only going to offer 9 now. Whattya gonna do about it?' and Smith could do nothing about it because he's as guilty as the team for tampering.

    In short, I don't really believe this report (though it may have some elements of truth to it). And it's not like the name Mitch Lawrence makes me think twice about my doubts of its authenticity.

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  5. heypartner

    heypartner Member

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    They did not agree on it. Fleischer made the deal with the owner. The owner claimed ignorance to the illegality of it.

    Also, I don't see how being a snitch on an illegal document puts Fegan in jeopardy of alienating clients.

    Aside from that, I don't believe a word Mitch Lawrence says, either. He's a rumor w****.
     
  6. JuanValdez

    JuanValdez Member

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    HP, As for the trust issue, what I mean is that Fleischer has no reason to believe that this illegal contract would be honored by the Timberwolves when the time comes. Since it is illegal, the only thing that can make it binding is the human compulsion to honor your promises. Now, if the contract was made with the owner and put in writing in case he died, one of two things can happen:

    1) The owner lives, and would feel bound to uphold his promise whether it was in writing or no.

    2) The owner dies, leaving McHale and whoever inherits the team with a written promise that they are not legally bound to uphold and only a respect-for-the-dead moral compulsion to honor it anyway. And, if McHale really resents that Fleischer went over his head and he found this thing back under his control, I would doubt he would honor the dead owner's promise.

    As for Fegan's trustworthiness: Joe Smith is his current client. If I was a basketball player and I thought my agent had screwed another player out of almost a $100 million, there is no way in hell I would keep him on. Fegan's duty is to the players he represents; if he betrays them, he has nothing to offer people.

    However, as long as you agree with me in the end, I'm cool with that.

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