The 2008 NFL draft has been in the books for more than a week, and many of the issues that usually come up in conjunction with the draft will likely be forgotten until preparations are made for the next draft.
But one issue hasn’t completely disappeared from the radar screen, even though its presence in Monday’s SportsBusiness Journal comes off as a carefully-crafted effort to pooh-pooh the notion that an agency representing multiple players who are hoping to be the first selection in the draft have an inherent and unmistakable conflict of interest.
In an item lauding CAA for the fact that the firm represents six of the 31 players picked in round one, SBJ acknowledges the questions posed by Forbes.com, DeadlineHollywood.com, and the “influential” PFT (as in, our content might “influence” you to vomit) regarding the representation of multiple players vying for the highest possible place in the draft, and in turn the most money.
Unfortunately, however, SBJ also addresses the issue in a manner that subtly (if not overtly) supports the view that there is no conflict of interest.
Says Condon on the matter, “I guess I don’t know where the conflict lies.”
Says Dogra: “The teams stack their draft board. They spend millions of dollars scouting these players over a nine- or 10-month period. They are not going to be influenced by an agent.”
Sorry, but we simply don’t agree with that. Agents definitely can influence the process; why else would agents now shy away from representing multiple high-end players who occupy the same position? Bus Cook, as legend/rumor has it, wouldn’t get directly involved in the representation of quarterback Vince Young because Cook already was representing quarterback Jay Cutler. Other agents have likewise avoided these situations.
And for good reason. If a team needs a quarterback, how can the agent tout one of his clients for the same spot that could be used on another client who plays the same position?
(On this point, it should be noted that CAA represented two defensive ends and two left tackles drafted in round one. The players in question (Vernon Gholston and Derrick Harvey, Jake Long and Sam Baker) were perceived as landing in different ranges of round one. Though Gholston and Harvey ultimately were picked only two spaces apart, Harvey made an unexpected late run up the board, and Gholston unexpectedly fell out of the top five. If Gholston and Harvey had both been believed to have been headed for the same general spot on the draft board, CAA might very well have picked one or the other — or perhaps Gholston would have been listed prior to the draft exclusively as a linebacker.)
Another area of potential agent influence arises from the contract negotiation process, and specifically from the negotiations with the team that holds the No. 1 overall pick. Though Condon and company have strongly denied that any effort was made by the Dolphins to leverage Gholston against offensive tackle Jake Long for the No. 1 overall pick, we’ve heard plenty of rumblings to the contrary. Besides, even if the Fins weren’t calling Dogra about Gholston, Dogra should have been calling the Dolphins. Constantly. And he should have been offering to undercut the best offer that the Fins were making to Long. Constantly.
As it now stands, Gholston will be paid in accordance with the No. 6 slot, which equates to far less money that Long will receive.
To its credit, SBJ didn’t confine the article to the self-serving views of Condon and Dogra, who are about as likely to admit to a conflict of interest as they are to concede that Marvin Harrison shot that dude last week. (If Harrison actually did shoot that dude last week.)
But SBJ didn’t exactly seek out any strong opposing views, either.
Said agent Eugene Parker, “If you represent more than one player in the NFL, it is a potential conflict. If one player gets a job, there is one less job for somebody else.” This broad comment indirectly (and conveniently) mocks the argument that the conflict of interest dynamic at the top of the draft is real.
Agent Leigh Steinberg (who really isn’t doing much agenting anymore) was more direct in his support for the CAA “represent ‘em all” approach. Steinberg, who represented quarterbacks Jeff George (No. 1 overall) and Andre Ware (No. 7 overall) in the 1990 draft, years before the agent industry developed a sensitivity to the “same position” dynamic, says that there’s nothing to it.
“I don’t think there is a legal or actual conflict,” Steinberg said. (Maybe Steinberg should have stopped that sentence after the first three words.)
Per SBJ, Steinberg and other unnamed agents said that representing more than one player at the same position might actually help the players by giving the agent for both of them access to information from more teams.
But, wait, folks. Dogra said the agents can’t influence the process. So what the hell does having more information do for anyone? Under Dogra’s view of the draft, the teams are going to pick whoever their multi-million-dollar investment of time and effort tells them to pick.
Perhaps the biggest flaw in the SBJ article comes from the final quote from Steinberg: “These conflict of interest arguments are generally made by other agents trying to get those clients.”
If that’s the case, if the conflict of interest argument is coming from agents trying to get those clients, then why doesn’t the article written by SBJ on the topic include any of those voices?
Though we have immense respect for SBJ, which is a sister company of SportingNews.com, for which the same hack who wrote this has to write a column tonight after attending a rubber chicken dinner in connection with his day job, we think that the article fails to properly articulate, support, or address the other side of the debate.
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May 5th, 2008 at 6:08 pm
Condon, Dogra and Steinberg would never lie, or have any self serving motives, or protect each other with their ’see no evil’ act with the media. Sports agents are completely beyond reproach, just like lawyers.
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May 5th, 2008 at 6:09 pm
I like that you keep addressing this. I hope something gets done about this, although I am not sure what can be done.
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May 5th, 2008 at 6:24 pm
What I haven’t seen mentioned is that there is (or should be) a certain amount of responsibility on the player, and his family, on this issue.
Then again, when we’re talking about the players taken in the 1st round of the draft and the agent’s take is capped at $150,000 in fees, that is almost a drop in the bucket for the mult-million dollar contracts that 1st round draft choices sign, even down to the 31st/32nd player chosen. Then when you consider that some of these high profile agents also have the muscle to swing endorsements deals to the player, it might be worth it to the player to allow a little conflict of interest.
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May 5th, 2008 at 6:38 pm
Something needs to be done about this issue. It all leads back to fixing the rookie pay system, and from there fixing these conflicts of interest.
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May 5th, 2008 at 6:43 pm
Looks like “collusion” to me ….
The NFLPA and the agents/agencies can artificially manipulate the market for player’s services and their salaries.
If a team is in the market for a QB, and one agent represents both the highest draftable QB, and the best free agent QB, then how is that not a conflict of interest? How do the individual players know if they were represented fairly? How is it not collusion by that agent and those players when they discuss business with teams?
It’s time for rookies to have slotted salaries for their first two seasons, then become RFA’s (restricted free agents) after those two years. They should NOT be allowed to have agents for contract discussions until after their 2nd year in the NFL.
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May 5th, 2008 at 7:25 pm
I’ve said it before & I’ll say it again, colluding agents represent the most serious threat to the league. They have a racket because they represent everyone from players to coaches to franchise front-office personnel to league headquarters personnel to NFLPA leaders as well as sitting on the NFLPA board.
Rules prohibit franchise owners from colluding with each other & with league headquarters but there are no rules prohibiting agent collusion. So they continue to fleece the franchises and do so, in my opinion, far too often at the expense of the individuals they supposedly work for.
They actually have so much power and influence they have to police themselves in order to keep the general public from realizing just how much control they have!
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May 5th, 2008 at 7:28 pm
Keep rubbing those sticks together. Nothing there and even if there were, the fans don’t care.
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May 5th, 2008 at 7:45 pm
Sounds like the writer is passionate about this subject. I can’t say as much about the reader tho.
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May 5th, 2008 at 7:56 pm
I definitely agree with this. Here’s the thing, not regarding journalistic integrity that Florio brought up but just agents representing football players in general.
What’s the SOLUTION?
Ensure that 32 different agents represent a projected set of 32 guys before the draft? It seems impossible not to have some sort of “conflict of interest.”
Any solutions from anyone?
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May 5th, 2008 at 9:16 pm
Great points by Florio, DozenDeuce, and Brian_21. The real issue, is unfortunately the onus falls on the 20-23 year-old players to be able to make the right decision.
Bottom line: If you know you’re going to be a top 10 pick, hire an agent that doesn’t rep another potential top 10 pick. If you do hire that agent, well, hell, I guess
$9 million in guaranteed money is not as nice as $23million, but it will have to do.
Um, non-sarcastic bottom line: As long as there is not a rookie ceiling, ala the NBA, this is going to happen. At the end of the day, it’s in the best interest of the NFL owners and older players to have that in place.
I found it amusing in 2003 when everyone lamented how Willis McGahee lost all that money with his knee injury in the BCS National Championship Game. Well, why they hell is some 21-year-old kid entitled to essentially winning the lottery by being drafted high for no previous performance?
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May 5th, 2008 at 10:24 pm
Ah, nice points, brewdog21. The one thing I disagree on is that Willis McGahee comment because with the way demand works for the top, top, top, top college players in the country, McGahee was entitled to $. It’s not based on “no previous performance.” It’s based on being one of the five to ten premiere college players/draft eligible guys in the entire world. And if there isn’t a ceiling for rookies regarding contracts like there is in the NBA, then it’s all about being the absolute best during the years leading up to the NFL draft.
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May 6th, 2008 at 12:48 am
Maybe if Florio keeps talking about it, he’ll turn a non-issue into a perceived issue. Just what we need, more focus on BS off the field, less focus on the actual games. Keep up the good work, Flo….
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May 6th, 2008 at 7:46 am
This is a matter players have to be concerned with and noone else. As a player, if I believe I have the right ingredients in place to be a top overall pick I would not choose an agent that is already representing another player of the same caliber.
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May 6th, 2008 at 8:18 am
While there may be a conflict, I don’t think it is as serious as Florio et al seem to think. One, the player has ultimate control to dictate exactly what the agent should do. Two, agents are always dying to have their guys drafted as high and for as much money as possible. Three, the teams/management know exactly what is happening and are not influenced at all by what agents say. There’s not enough of a problem here to get all juiced about. Name one player that has been hurt by this process. Some of you will say “Brady Quinn” but Brady had every opportunity to accept less money from the Raiders and he chose not to. It’s easy to blame the agents but the buck stops with the players.
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May 6th, 2008 at 8:22 am
And by the way, if an agent steps out of a situation because of a supposed “conflict,” he’s not doing it because he thinks there is a conflict, he is doing it as a PR move because one or more of the players that he represents (his clients) don’t want him representing another player (the client thinks there is a conflict). In other words, (1) the fact that an agent bows out does not prove anything except (2) it proves that players have the power to solve this supposed conflict by insisting that their agents not represent their competitors.
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May 6th, 2008 at 10:58 am
I assume that when Dogra is recruiting his players he tells them that he will not be able to do anything to influence their draft position and make them any money because the teams “are not going to be influenced by an agent.”
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