Spencer Dinwiddie it again. One of the most creative thinkers outside the NBA court, Dinwiddie routinely offers out-of-the-box ideas and has even tried be security. That The NBA reject the plan, just as it will definitely reject the new one: on Twitter, Dinwiddie promised to let fans choose the next team as long as they raised the cash value of 2625.8 bitcoin, or $ 24,632,630. Since then he started GoFundMe Campaign to raise money.
If the money is collected, Dinwiddie said that he would sign one year, minimum salary contract with the team chosen by fans when his current contract expires (which will be in 2021 or 2022 depending on whether he trains his player options for the 2021-22 season). In a statement released through Athletics Shams Charania, Dinwiddie said that he hopes “there are no team owners / personnel participating so there is nothing inappropriate in this good support agreement.” Because NBA team is a group that is famous for law abiding when it comes to building name lists. That’s why no one has ever fiddled with professional basketball.
If sarcasm is unclear, this offer, which Dinwiddie is probably joking about, is not a legal form at all. Although there are no direct rules on contract crowdfunding, it may be because the NBA has never considered the possibility. Fortunately, this idea still managed to violate almost every clause of Article XIII from collective labor agreement, a section related to circumvention of salary limits. Below is the official definition of NBA circumvention:
“Either the Players Association, the NBA, or the Team (or Team Affiliation) or the player (or person or entity acting with authority on behalf of the player), must enter into any agreement, including, but not limited to, Player Contracts (including any Renegotiations , Renewal or amendment of the Player Contract), or carry out any action or transaction, including, without limitation, the assignment or termination of the Player Contract, which, or which includes any terms, designed to serve that purpose defeats or avoids the parties’ intentions as reflected by all the terms of this Agreement. “
This legalese is clearly not easy to read, so here’s the point: the limit exists for a purpose, and the NBA has the right to reject agreements that are technically illegal if they violate the spirit of the rule. The most recent example comes in September. That Houston Rockets from legal technical bonuses to artificially inflate the number of hats Nene in the interest of creating a salary large enough to be used in trade. Because of the structure of the bonuses and the second season that wasn’t guaranteed in the deal, the Rockets could basically trade it as if he were a 10 million dollar player, but his new team would be able to pay him far less than that. The NBA decided that while the contract itself was valid, the Rockets could not trade it with the increased closing number.
So, will Dinwiddie be funded by the people to break the spirit of the hat? Correct. Look like this: a new team will pay Dinwiddie only a fraction of his salary, basically artificially reducing the amount of his hat far below its value, but he will still be paid. The money will only come from fans. This will give the team access to players who are usually unable, either directly in the form of Dinwiddie, or indirectly in the form of savings that can be given to other players. This is neglect.
Of course, this agreement will not only violate the spirit of the law. There are several articles in Article XIII that will actually be violated by this regulation. Which I’m glad you asked. I sent this quote from Part 1 (b):
“This is a violation of Part 1 (a) above for the Team (or the Affiliate Team) to enter into agreements or understandings with sponsors or business partners or third parties where the sponsor, business partner or third party pays or agrees to pay compensation for ball services basketball (even if the compensation is as if designated for non-basketball service) to a player under the Contract to the Team. “
Short version: third parties cannot pay for basketball services, the legal definition of player salaries. Who is the third party here? Fans pay for DinFidde Dinwiddie. Will the actual Dinwiddie contract yield “far below the fair market value of such a contract?” Yes Spencer Dinwiddie almost made this year’s All-Star Game. He is only 27 years old. He is worth far more than the minimum. If there is, the amount that he sets in GoFundMe sets the bar too low. In a typical offseason, he should at least expect a deal that pays him eight digits for several years.
This is the main rule that is broken, but you can say there is another one that is violated. Below are Sections 2 (a) and 2 (b):
“At any time there will be no agreements or transactions of any kind (whether disclosed or not disclosed to the NBA), express or implied, oral or written, or promises, agreements, statements, commitments, inducements, guarantees of intent, or understanding of all types (whether disclosed or not disclosed to the NBA), between players (or persons or entities controlled by, related to, or acting with authority on behalf of, these players) and the Team (or Team Affiliates):
(i) regarding Renegotiations, Extensions or other amendments to existing Player Contracts, or entering into new Player Contracts …
In addition to the above, it will constitute a violation of this Part 2 for the Team (or Team Affiliation) or any player (or person or entity controlled by, related to, or acting with authority on behalf of, that player) to attempt to enter or intentionally requests agreements, transactions, promises, ventures, representatives, commitments, inducements, guarantees of intent or understanding what will be prohibited by Section 2 (a) above. “
Again, this is a complicated legalist, but the point is this: a contract cannot be agreed upon in advance. The last important event in which this clause was called came came in 1998 when Joe Smith signed a suspicious contract with Minnesota Timberwolves. Later it was revealed that Smith only signed the contract so that Minnesota could obtain Bird Rights and pay him a more profitable deal on the phone. Smith’s contract was canceled, and the Timberwolves were then stripped of five first round draft picks (though one was later returned). The NBA treats this kind of agreement very seriously.
Dinwiddie’s situation is different because he did not make future agreements with the team directly. Instead, he made an agreement with a third party entity (fan) to sign with their chosen team for the guaranteed amount of money. Assuming they dictated the team before he reached free agency, that could be interpreted as an agreement, although how legally binding the GoFundMe campaign would prove in court is uncertain.
Now, is Dinwiddie serious about making this offer? Probably not. After going through the CBA in an effort to cancel his contract, he might be quite experienced in what is possible. Although not currently a union representative (Brooklyn happens to have two highly respected union leaders in the US Garrett Temple and Kyrie Irving), he is an active member of NBPA and has even organized a clinic on his behalf in the past. Simply put, he is one of the smartest and most creative NBA players. He must know this won’t work.
That raises the possibility that this is a joke, a veiled attempt to raise money for charity, or the way he expresses what he believes to be rigidity in the CBA. While the motive is unclear, Net fans can rest easy knowing the illegality of this scheme. They will not lose one of their best players for a crowdfunding campaign.
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