CAA's Tom Condon's Was Sued For Violation of NFLPA Regulation Section 3 (B) 3 In 2003

Yesterday, I reported that CAA's Football Agent Tom Condon, formerly of IMG, may have violated several sections of the National Football League Player's Association (NFLPA) regulations guiding agent conduct in the matter of USC Quaterback Matt Leinart.

Today, I uncovered this recent report by Liz Mullen of The Sports Business Journal, written September of 2003. It, combined with the more recent allegations involving Leinart, suggest player contact practices that should be reviewed by the NFLPA.

Mullen's report applies to NFLPA Regulation Section 3 (B) 3 -- Providing or offering money or any other thing of value to a member of the player's or prospective player's family or any other person for the purpose of inducing or encouraging that person to recommend the services of the Contract Advisor; Providing materially false or misleading information to any player or prospective player in the context of recruiting the player as a client or in the course of representing that player.

LAWSUIT TARGETS IMG FOOTBALL CHIEF CONDON

September 8, 2003
SportsBusiness Journal

By Liz Mullen

IMG Football President Tom Condon falsely told top NFL draft prospects that a rival agent "played the race card" in negotiations with NFL clubs in an effort to damage the agent and win recruiting battles, according to claims in a lawsuit filed in Philadelphia federal court.

NFL player agent Lamont Smith, who is black, claims in the suit that Condon, who is white, and Cleveland-based IMG slandered him in their efforts to win recruiting battles.

An IMG spokeswoman and an attorney for IMG both declined to comment. Condon did not return phone calls.

"It is a defamation of character, slander lawsuit stemming from a systematic pattern that Tom Condon has engaged in against me personally, and our firm," said Smith, a principal of All Pro Sports & Entertainment, which represents about 60 NFL players, including Eddie George, Jerome Bettis and retired running back Barry Sanders.

"He has basically stated to kids, repeatedly, that general managers have been reluctant to deal with me because of the interjection of race in negotiations, which is patently false," Smith said. "The apparent intent is to blackball. It leads a player to think you are not accepted in NFL circles, which could not be further from the truth."

The lawsuit claims that in the last three years, Condon told players Antonio Bryant, Kenyatta Walker and Larry Johnson, and/or their advisers, that Smith was known to use race in contract negotiations. The suit says the comments were made while Condon and Smith were competing to sign players before the 2001, 2002 and 2003 NFL drafts.

"Condon may have told other current and prospective NFL players... that they should not become clients of plaintiff Smith because Smith had alienated general managers of NFL clubs by 'playing the race card,' " the suit states.

The suit against Condon, who leads a practice that represents about 85 NFL players and who is widely considered to be the most powerful football agent in the country, is just the latest in a slew of lawsuits filed against or by major NFL player agents.

Octagon's football division was sued by three agents in the last two years, although one of those suits was dismissed for lack of evidence. Agent Hadley Engelhard has filed suit against his top recruiter, asking a court to enjoin the recruiter from working with his clients who were first-round NFL draft picks.

Last fall, NFL player agent Leigh Steinberg won a $44.66 million judgment against his former protégé, agent David Dunn, and his rival firm when a jury found that Dunn engaged in unfair competition.

George Croner, Smith's attorney, said the lawsuit could have a chilling effect on what is considered to be a widespread practice by agents of making negative comments about their rivals while recruiting athletes.

Croner said Condon's comments go far beyond standard competition.

"If you tell a kid that another agent has a problem with general managers... and if you embellish on it by saying the reason they don't like him is this highly inflammatory issue of playing the race card with general managers who are almost invariably white, you have created an explosive situation," he said.

Croner added that the result of the case "will not be found in documents. It will be found in the testimony of witnesses."

Roy Kessel, chairman of the Chicago Bar Association's Sports Law Committee and a certified NFL player agent, said Smith's case against Condon may be difficult to prove because Smith does not represent all the players named in the suit. Smith represents Bryant. Condon represents Walker. Agent Marvin Demoff represents Johnson.

"If you don't have the player, you will be hard-pressed for them to testify," Kessel said.

But Greg Genske, an attorney with San Francisco law firm Morgan Lewis who was part of the litigation team that won the $44.66 million judgment in the Steinberg case, noted that NFL players can be subpoenaed.

"I think it's easy to get to the truth with the players because at the end of the day they are not going to lie to protect an agent," said Genske, who cross-examined several NFL players during the Steinberg trial. "I don't think they would lie to protect Mr. Condon or lie to support trumped-up, fabricated allegations against Mr. Condon."

Again, the ball's in the court of the NFLPA.

Profootballtalk.com Reports That Leinart Team Wanted Steinberg Fired Because Houston Would Not Trade Up To Get USC Signal Caller

I found this item at Profootballtalk.com:

LEINART CAMP TRYING TO PERSUADE TITANS TO TAKE MATT

The same source who tipped us off over the weekend to the looming termination of agent Leigh Steinberg by USC quarterback Matt Leinart tells us that the driving force behind the change was the lack of interest that the Titans were demonstrating in the 2004 Heisman winner.

The source says that Titans G.M. Floyd Reese is leaning toward Texas quarterback Vince Young, and Titans coach Jeff Fisher and offensive coordinator Norm Chow want Leinart.

The source also tells us that Chow recently informed Leinart that Reese won't trade up to the No. 1 overall spot in order to get Leinart.

Co-agent Chuck Price, who will remain a member of Team Leinart in the wake of the Steinberg termination, supposedly has told Reese that the failure to land Leinart will be the biggest draft gaffe in team history.

Apparently, Reese is now on the fence.

Per the source, Leinart will sign with Tom Condon after the five-day waiting period expires following Leinart's termination, and Condon and Price will work together. Condon's pitch, as we recently heard, was that he'll get either the Titans or the Jets to trade up to No. 1 with the Houston Texans.

The long-term plan, we're told, is for Price to learn the ropes of the agent business over the next couple of years, with an eye toward being the lead agent for Leinart's second contract. (We suspect that Condon hasn't gotten that memo.)

The broader question, as we see it, is whether these goings-on will raise a red flag for any team that otherwise will be interested in Leinart. There's already a question as to whether he has a sufficient passion for the pro game. And his pro day workout was hardly a show stopper.

So by trying to force his way into the No. 1 spot, the risk could be that Leinart slides even lower than he otherwise might have gone.

Stay tuned.

It still does not adress the matter of how Condon came to be hired by Team Leinart. Who gave Leinart the idea that Houston could be "made" to want to trade up? They didn't just come to that view after a night of reflection. All signs point to how Condon handled himself in this affair.

It's still up to the NFLPA.

BREAKING NEWS: CAA's Tom Condon May Have Cheated In Drawing Matt Leinart Away From Leigh Steinberg -- The Only Question Is What Will The NFLPA Do?

I have it from a confidential source that NFL Player Agent Tom Condon (pictured at left), formerly of IMG and now with Creative Artists Agency, may have violated key rules established by the National Football League Players Association (NFLPA) in an effort to draw USC Quarterback Matt Leinart away from Sports Agent Leigh Steinberg (photo below left).

NFLPA regulations on the conduct of agents -- referred to as contract advisors -- are strict. The areas of NFLPA regulations that apply to what I wil call "The Leinart Case" are:

From The NFLPA Website:

Section 3 (B) B. Prohibited Conduct
Contract Advisors are prohibited from:

1. Representing any player in individual contract negotiations with any Club unless he/she (i) is an NFLPA Certified Contract Advisor; (ii) has signed the Standard Representation Agreement with such player; and (iii) has filed a copy of the Standard Representation Agreement with the NFLPA along with any other contract(s) or agreement(s) between the player and the Contract Advisor;

2. Providing or offering money or any other thing of value to any player or prospective player to induce or encourage that player to utilize his/her services;

3. Providing or offering money or any other thing of value to a member of the player's or prospective player's family or any other person for the purpose of inducing or encouraging that person to recommend the services of the Contract Advisor;
Providing materially false or misleading information to any player or prospective player in the context of recruiting the player as a client or in the course of representing that player.

4. Representing or suggesting to any player or prospective player that his/her NFLPA Certification is an endorsement or recommendation by the NFLPA of the Contract Advisor or the Contract Advisor's qualifications or services;

But it's Section 3 (B) (Prohibited Conduct), Paragraph 21 that Condon is in true violation of. It states:

Section 3 (B) 21. (a) Initiating any communication, directly or indirectly, with a player who has entered into a Standard Representation Agreement with another Contract Advisor and such Standard Representation Agreement is on file with the NFLPA if the communication concerns a matter relating to the:
(i) Player's current Contract Advisor;
(ii) Player's current Standard Representation Agreement;
(iii) Player's contract status with any NFL Club(s); or
(iv) Services to be provided by prospective Contract Advisor either through a Standard Representation Agreement or otherwise.
(b) If a player, already a party to a Standard Representation Agreement, initiates communication with a Contract Advisor relating to any of the subject matters listed in Section 3(B)(21)(a) the Contract Advisor may continue communications with the Player regarding any of those matters.
(c) Section 3(B)(21) shall not apply to any player who has less than sixty (60) days remaining before his NFL Player Contract expires, and he has not yet signed a new Standard Representation Agreement with a Contract Advisor within the sixty (60) day period.
(d) Section 3(B)(21) shall not prohibit a Contract Advisor from sending a player written materials which may be reasonably interpreted as advertising directed at players in general and not targeted at a specific player.

Published reports from several sources confirm what my source knows: that Condon violated "Paragraph 21" in his pursuit of Matt Leinart. For example, Profootballtalk.com had this information, which could not be directly linked to because of the design of its site. I copied it:

POSTED 9:24 p.m. EDT; UPDATED 10:42 p.m. EDT, April 11, 2006

LEINART "DEFINITELY" HIRING CONDON

We've heard from yet another source that USC quarterback Matt Leinart "definitely" is hiring Tom Condon of Creative Artists Agency to replace Leigh Steinberg, whom Leinart recently has terminated.

The talk in league circles is that Condon and CAA have told Leinart that they will persuade either the Jets or the Titans to swing a deal with the Texans to make Leinart the No. 1 overall selection in the draft. If that's true, the Condon potentially has run afoul of the NFLPA regulations that impose a five-day waiting period before a new agent can swoop in.

But don't assume that the NFLPA will take any action, given that Condon also represents NFLPA executive director Gene Upshaw.

We haven't confirmed whether Chuck Price will be involved in the ongoing representation of Leinart, but we've previously heard that Price will still be a part of the team, working directly with Condon.

The timing of the conversations between Leinart and Condon is such that Condon was tampering with Steinberg's client, Matt Leinart.

My source said, "They (Condon working for CAA) probably used the old IMG model: (Where they may have told Leinart) We'll take a reduced fee and a bit more up front, and by the way, we'll get your Dad a job."

If this is 100 percent true, and it appears to be approaching 80 percent truth, Condon's also in violation of NFLPA Section 3 (B), Paragraph 3, which reads:

3. Providing or offering money or any other thing of value to a member of the player's or prospective player's family or any other person for the purpose of inducing or encouraging that person to recommend the services of the Contract Advisor;
Providing materially false or misleading information to any player or prospective player in the context of recruiting the player as a client or in the course of representing that player.

The question is what will the NFLPA do? My well-placed source reports that not only is Tom Condon NFLPA Executive Director Gene Upshaw's agent, but NFLPA attorney Jeffrey Kessler's son works for Condon. (Kessler's pictured at right.)

Given this, it's very possible Condon could have communicated to Leinart that he's the representative of the NFLPA's Executive Director and therefore has special authorization to contact Leinart in so forward a way as he's done. Now, I'm piling on; there's already too much information. But if that were the case, Condon's stepped over the bounds of Section 3 (B), Paragraph 4, which reads:

4. Representing or suggesting to any player or prospective player that his/her NFLPA Certification is an endorsement or recommendation by the NFLPA of the Contract Advisor or the Contract Advisor's qualifications or services;

Stay tuned. It's going to get worse before it gets better.

NBA Commissioner David Stern Huge Dem Giver - Over $700,000!

In stark contrast to NFL Commissioner Tagliabue, NBA Commissioner David Stern is a large giver to Democrats.

Just look at his numbers:

$2,000 Republican
$762,780* Democrat
$17,000 special interest
total: $781,780

He's given to KWEIS MFUME, I (D) Senate - MD, the DNC, and others over his life.

Anyone who believes Stern's a conservative because of the NBA Dress Code matter should see this information.

NFL Commissioner Paul Tagliabue Contributes Mostly To Republican's -- But Not By Much

The best sports commissioner since Pete Rozelle's got a balanced history of political giving. According to records, his money breaks down like this:

12,250 Republican
$8,001 Democrat
$7,500 special interest
total: $27,751

His most recent give was to Tennessee Senator (R) Lamar Alexander. (Remember to click on the title of this post to see the full record. )

Christie Brinkley's A Major Liberal! She Even Gave Money To A PAC To Impeach President Bush!

Of the $89K she's contributed over her life, the Supermodel has given $76K of it to Dems and of that she's contributed money to "IMPEACHPAC" -- an organization that is working to elect a congress to impeach President Bush.

Raider Owner Al Davis Gave Mostly To Republican Causes - But Only $19,000 Total; $11,000 to The GOP

I had to look up Oakland Raiders Owner Al Davis. This is what I found:

$11,000 Republican
$4,000 Democrat
$4,000 special interest
total: $19,000

Most of that -- in fact -- was when he was in LA. He also gave to something called SYMMS PAC.