There is no hidden contract. On point #3, Rubio and Joventut sign a contract that states Rubio will pay Joventut 5.3 million if Minny contributes 100k, Rubio will pay Joventut 53 million if Minny contributes nothing. Rubio and Minny have no other hidden agreement that he has to sign with Minny after they renounce his rights. Rubio can sign with the Knicks if he wants, he just has to pay Joventut 53 million now instead of 5.3
Exactly, if its against the rules to tell a player to take less money and then make a back door promise to offer him more money further down the line I fail to see how this is much different. Aside from the fact that Rubio would never make that agreement, if he was allowed to become a free agent why not go ahead and have a bidding war for his services, that's the whole point of free agency.
So Minnesota would tell the NBA office that it was going to contribute 100,000 so Rubio could buyout his overseas contract?
All contracts have to be approved by the league office. Regardless of the 5.3 vs. 53 million dollar "escape" clause, the league office would not approve this contract.
Why would the NBA need to approve of an agreement between Rubio and Joventut? Joventut is not a team in the league, if anything that's an issue for FIBA and the ACB league.
Maybe because you have Minnesota contributing 100,000 to the buyout, so the NBA does become involved.
If that's the case, then why can't Minnesota say, "we will pay the NBA max of $500,000 towards the buyout of Rubio and we will also buy an autographed picture of the team owner from you for $5,000,000?"
I don't see why. Teams are allowed to contribute up to 500K toward the buyout of any international free agent. Why would the league care about a specific clause in an agreement between Joventut and Rubio? So Rubio and Joventut agree to put in some weird clause, it's their business isn't it?
Because that would break the NBA's code of under the table stuff, that would be direct deal with Minny and Joventut. The deal I'm proposing is between RUBIO and Joventut. Similarly, if Minny wanted to pay Rubio's mother 5 mil a year to be the owner's secretary, that would also be tampering to the NBA. However, an agreement between Rubio and Joventut would not be tampering, the NBA has no jurisdiction in what those 2 parties agree to.
I thought you had a Minnesota lawyer inserting the clause to protect themselves from Rubio changing his mind and signing with the Knicks or some other team besides the Timberwolves. You want it both ways in that Minnesota can contribute to the buyout and write some specific language to protect themselves from Rubio bolting once his overseas contract is settled and the Timberwolves renounce their rights to him, but expecting the NBA to turn a blind eye to why Minnesota contributed to a buyout and then renounced immediately afterward.
I won't have a Minnesota lawyer inserting that clause. I'll have Rubio's own agents insert the clause. Minnesota can inspect the contract, but they won't write it. You have the timing of the process wrong, Minnesota will not contribute to the buyout and renounce. They will renounce first and then contribute to the buyout. The 1st is tampering, the 2nd is perfectly legal, renouncing him is legal, and contributing to the buyout of a free agent is legal too.
Nice idea but it's not allowed under the current NBA CBA. You can certainly renounce the drafted player, but you are prohibited from resigning him. Here's the actual CBA verbage: Article X Section 3. Loss of Draft Rights. If for any reason a Team fails to make a Required Tender to a First Round Pick in accordance with Article X, withdraws a Required Tender to a First Round Pick in accordance with Article X, or renounces a First Round Pick in accordance with Article X, or if a First Round Pick selected in a Subsequent Draft does not sign a Contract for a period of one (1) year following such Subsequent Draft in accordance with Article X, then the rules set forth in 222 Sections 1 and 2 above shall not apply, and such First Round Pick shall become a Rookie Free Agent. In addition, any Team that fails to make a Required Tender to a First Round Pick, withdraws a Required Tender to a First Round Pick, renounces a First Round Pick, or fails to sign within one (1) year a First Round Pick selected in a Subsequent Draft shall be prohibited from signing such player until after he has signed a Player Contract with another NBA Team, and either (a) the player completes the playing services called for under the Contract, or (b) the Contract is terminated in accordance with the NBA waiver procedure.
Ok, that's the end of that idea, I should have read the CBA more carefully, completely missed the part where renouncing means you cannot sign someone.
I honestly never understood why elite / overhyped players even have to bother with the draft. Couldn't Rubio just signed with the Knicks or whatever team he wanted to for the MLE at the beginning of the summer without bothering with the draft?
Minneasota tried something shady like this back in the day with Joe Smith and lost 3 First Round picks as punishment. I doubt even a moron like Kahn has the balls to try this sort of thing again.
We think Minnesota entering into secret side agreement contracts to circumvent league rules is a GREAT IDEA....we approve! Signed Kevin McHale Joe Smith
I doubt the actual CBA restricts this clause to only trades. From the answer I quoted, anything that goes against the spirit of the CBA is not allowed. The NBA approves contracts. They would not allow it.
No they can't. They have to be eligible for a draft before they are allowed to sign with an NBA team. Here it is directly from the CBA: ARTICLE X PLAYER ELIGIBILITY AND NBA DRAFT Section 1. Player Eligibility. (a) No player may sign a Contract or play in the NBA unless he has been eligible for selection in at least one (1) NBA Draft. No player shall be eligible for selection in more than two (2) NBA Drafts.