Unnamed NFLPA attorney warns of potential criminal investigation

There’s a new report from Don Van Natta Jr. and Kalyn Kahler of ESPN regarding the NFL Players Association. It’s important to understand what it is, and what it isn’t.

It’s based on an internal document prepared by an unnamed NFLPA lawyer. It reflects the views of the person who wrote it. The information in the document speaks to a potential criminal investigation. The ESPN report does not affirmatively and clearly state that an investigation has commenced (beyond the existing probe related to matters apparently involving compensation for individuals assigned by the NFLPA to the OneTeam Partners board).

The document, titled “Crisis Management,” explains that the union is “now on notice of financial actions that may be criminal,” and that the union faces “immediate threats requiring prompt actions.”

It was delivered to the NFLPA executive committee and board of player representatives “just days” after the resignation of executive director Lloyd Howell and chief strategy officer JC Tretter. Howell resigned eight days ago; Tretter resigned five days ago.

The “immediate threats” identified in the document include potential action by the National Labor Relations Board over “unfair labor practices,” along with a “lapse of fiduciary duty oversight practices during Howell[‘s] tenure.”

Nothing about the contents of the document is surprising. It would be surprising if an in-house union lawyer hadn’t created a memo outlining the potential legal issues arising from recent developments.

Tretter told ESPN that he’s not under investigation. Howell consistently has not responded to media inquiries.

The union should expect a criminal investigation, primarily due to reporting that union resources had been devoted to a strip-club expense report. There could be more, along with the potential for civil litigation from players against the NFLPA.




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