NFL Suspends Dolphins Owner for Tampering; Team Loses 2023 1st Round Pick

Here is the press release from the NFL regarding the violations by the Miami Dolphins.

NFL ANNOUNCES FINDINGS AND DISCIPLINE FOLLOWING INDEPENDENT INVESTIGATION OF INTEGRITY OF THE GAME POLICY VIOLATIONS BY THE MIAMI DOLPHINS
NFL Commissioner Roger Goodell today notified the Miami Dolphins of the discipline imposed for violations of NFL policies relating to the integrity of the game.

Today’s announcement follows a six-month investigation covering events from 2019-2022 that was led by former U.S. Attorney and SEC Chair Mary Jo White and a team of lawyers from the Debevoise law firm.  The Commissioner expressed his deep appreciation to Ms. White and her colleagues for their comprehensive and objective review of these matters.

The investigation focused on two subjects: (1) whether the Dolphins violated League rules prohibiting tampering with a player and a coach under contract to other clubs; and (2) whether, during the 2019 season, the Dolphins intentionally lost games to improve the club’s draft position in the 2020 draft, and whether Dolphins’ Chairman and Managing General Partner Mr. Stephen Ross offered Head Coach Brian Flores financial incentives or otherwise encouraged him to lose games. The Commissioner thanked the Dolphins for the cooperation provided by the club and its leadership.

Tampering

The investigation conclusively established violations of the Anti-Tampering Policy on three separate occasions:

1. The Dolphins had impermissible communications with quarterback Tom Brady in 2019-20, while he was under contract to the New England Patriots. Those communications began as early as August 2019 and continued throughout the 2019 season and post-season. These numerous and detailed discussions were conducted by Mr. Beal, who in turn kept Mr. Ross and other Dolphins executives informed of his discussions with Mr. Brady.
2. The Dolphins again had impermissible communications with both Mr. Brady and his agent during and after the 2021 season, while he was under contract to the Tampa Bay Buccaneers. Those discussions began no later than early December 2021 and focused on Mr. Brady becoming a limited partner in the Dolphins and possibly serving as a football executive, although at times they also included the possibility of his playing for the Dolphins. Both Messrs. Ross and Beal were active participants in these discussions.
3. In January 2022, the Dolphins had impermissible communications with Don Yee, the agent for New Orleans Saints’ head coach Sean Payton, about having Mr. Payton serve as Miami’s head coach. Miami did not seek consent from New Orleans to have these discussions, which occurred before Coach Payton announced his decision to retire as head coach of the Saints. Following that announcement, Miami requested permission to speak to Coach Payton for the first time, which New Orleans declined to grant.

“The investigators found tampering violations of unprecedented scope and severity,” Commissioner Goodell said. “I know of no prior instance of a team violating the prohibition on tampering with both a head coach and star player, to the potential detriment of multiple other clubs, over a period of several years. Similarly, I know of no prior instance in which ownership was so directly involved in the violations.”

“Tanking” to Improve Draft Position

The investigation also addressed whether the Dolphins intentionally lost games during the 2019 season to improve the club’s draft position in the 2020 draft and whether Mr. Ross offered financial incentives or otherwise encouraged the head coach to do so.

The investigation conclusively established the following:

1. The Dolphins did not intentionally lose games during the 2019 season.  Nor did anyone at the club, including Mr. Ross, instruct Coach Flores to do so. No witness contended otherwise. The Dolphins competed hard to win every game, including at the end of the season when they beat Cincinnati and New England, despite worsening Miami’s position in the 2020 draft.
2. On a number of occasions during the 2019 season, Mr. Ross expressed his belief that the Dolphins’ position in the upcoming 2020 draft should take priority over the team’s win-loss record. These comments were made most frequently to Team President and CEO Tom Garfinkel, but were also made to General Manager Chris Grier, Senior Vice President Brandon Shore and Coach Flores. These comments, which he took to be suggestions that he lose games, troubled Coach Flores and led him to express his concerns in writing to senior club executives, each of whom assured Coach Flores that everyone, including Mr. Ross, supported him in building a winning culture in Miami. After this, Mr. Ross no longer made any such comments to Coach Flores.
3. One such comment is a claimed offer by Mr. Ross to pay Coach Flores $100,000 to lose games, as to which there are differing recollections about the wording, timing, and context. However phrased, such a comment was not intended or taken to be a serious offer, nor was the subject pursued in any respect by Mr. Ross or anyone else at the club. “Every club is expected to make a good faith effort to win every game,” Commissioner Goodell stated. “The integrity of the game, and public confidence in professional football, demand no less. An owner or senior executive must understand the weight that his or her words carry, and the risk that a comment will be taken seriously and acted upon, even if that is not the intent or expectation. Even if made in jest and not intended to be taken seriously, comments suggesting that draft position is more important than winning can be misunderstood and carry with them an unnecessary potential risk to the integrity of the game. The comments made by Mr. Ross did not affect Coach Flores’ commitment to win and the Dolphins competed to win every game. Coach Flores is to be commended for not allowing any comment about the relative importance of draft position to affect his commitment to win throughout the season.”Based on the findings and conclusions, the following discipline will be imposed:

• The Dolphins will forfeit the club’s first-round selection in the 2023 NFL draft and third-round selection in the 2024 NFL Draft.
• Mr. Ross is suspended through October 17, 2022. During this period, he may not be present at the Dolphins’ facility and may not represent the club at any team or NFL event. He may not attend any League meeting prior to the Annual Meeting in 2023, is removed from all League committees indefinitely, and fined $1.5 million.
• Mr. Bruce Beal, Dolphins’ Vice Chairman/Limited Partner, may not attend any League meeting for the remainder of the 2022 season and is fined $500,000.This discipline is informed by the Competition Committee’s clear guidance that more stringent discipline, including suspensions, should be imposed for tampering violations to deter future violations and to safeguard the integrity of the game.

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