Will Mark Cuban get fined for talking about LeBron?

[WayOutWest]

Cuban goes public with quest for James

By Jeff Caplan
ESPNDallas.com

Dallas Mavericks owner Mark Cuban has gone public with his quest to acquire LeBron James.

In an interview this week posted on CNNMoney.com, Cuban expressed his interest in James as a free agent and said that the NBA star needs to play in a place where he trusts the organization.

If James does not reach an agreement with the Cavaliers by July 1, he would become an unrestricted free agent.

"Come July 1st, yeah, of course, anybody would be interested in LeBron James, and if he leaves via free agency, then it's going to be tough," Cuban said. "If he does like I'm guessing, hoping he will, which is say, 'I'm not going to leave the Cavs high and dry,' if he decides to leave -- there's still a better chance he stays -- then he'll try to force a sign-and-trade, and that gives us a chance."

Cuban's comments could fall under the NBA's tampering rules. In 2008, the league sent a memo to the 30 NBA teams detailing specific guidelines when discussing potential free agents with the media.

The memo read: "If a member of your organization is asked by the media about a potential free agent prior to the July 1 following the last season covered by the player's contract, or about any other person under contract with another NBA team, the only proper response is to decline comment."

Penalties outlined in the memo could include suspension, prohibition of the offending team from hiring the person being tampered with, forfeiture of draft picks and individual and/or team fines of up to $5 million.

Asked if he believes James will stay in Cleveland or sign with New York or elsewhere, Cuban said:

"I don't know, don't know. What I do know about LeBron in the minimal time I've spent talking to him is he just wants to win. Money's not his issue. He needs to be some place where he trusts the organization. And look, [owner] Dan Gilbert in Cleveland did everything he possibly could, that's just the way the game works. If there was a template that we all could follow, we'd all have championship rings."

Dallas' interest in pursuing a sign-and-trade deal for James has been the subject of speculation for months, but Cuban's comments are believed to be his first public acknowledgment of that plan.

NBA spokesperson Tim Frank said Thursday that the league is looking into Cuban's comments. Cuban did not immediately respond to a request for comment.

[rickortreat]

There is nothing in that quote that could be construed as tampering. "anybody would be interested in LeBron James"  Is a truism, no-one can dispute it. He didn't say he wanted to sign James and wants to talk to him.

It's a total non-issue.

[WayOutWest]

There is nothing in that quote that could be construed as tampering. "anybody would be interested in LeBron James"  Is a truism, no-one can dispute it. He didn't say he wanted to sign James and wants to talk to him.

It's a total non-issue.

I agree that it SHOULD be a non-issue but there are a couple of problems:

"Come July 1st, yeah, of course, anybody would be interested in LeBron James, and if he leaves via free agency, then it's going to be tough," Cuban said. "If he does like I'm guessing, hoping he will, which is say, 'I'm not going to leave the Cavs high and dry,' if he decides to leave -- there's still a better chance he stays -- then he'll try to force a sign-and-trade, and that gives us a chance."

and that gives us a chance."

The memo read: "If a member of your organization is asked by the media about a potential free agent prior to the July 1 following the last season covered by the player's contract, or about any other person under contract with another NBA team, the only proper response is to decline comment."

[westkoast]

This is much more along the lines of tampering than what David Stern was pinned for.  The reason being is other free agents and even Dirk himself would be more prone to be in Dallas if they heard the team was going after Lebron very heavily.  That is where the tampering part comes in.  The Mavericks would gain an advantage by making it public.  That is where I draw the line between Marc Cuban's comments and David Stern's comments we debated about.

[ziggy]

I am shocked, shocked I say!!  I did not see this coming no way, no how .  Who could have possibly seen tampering coming on this topic?

http://www.examiner.com/x-426-Sports-Examiner~y2010m5d24-NBA-tampering-fines-ege-close-to-the-ridiculous-as-Steve-Kerr-gets-dinged

NBA tampering fines edge close to the ridiculous as Steve Kerr gets dinged

May 24, 11:18 AMSports Examiner Paula Duffy

The NBA fined Suns GM, Steve Kerr as well as Dallas Mavericks owner, Mark Cuban for comments (video posted below) judged as tampering with the status of LeBron James.

Cuban's fine was $100,000 and Kerr a mere $10,000. The Suns exec didn't deserve to lose a silly penny. Cuban, who we sometimes presume prints dollars in his basement probably should have been spared or at most, fined the same as Kerr.

Dan Patrick started the whole mess with Kerr when he posed a question in jest about whether the Suns were interested in acquiring James.

Kerr laughed and said only if LeBron were willing to come to the Suns for the mid-level exception. Patrick asked how much it was and Kerr said, "About five-and-half million, I think he'll take it. Don't you think?" Full text of interview linked, here.

He closed the topic by saying that the fans in Cleveland win if James stays put and he hopes he does for their sake.

Cuban's comments were couched in terms of universal interest by any and all teams in the NBA.

"Come July 1, yeah, of course. Anybody would be interested in LeBron James and if he leaves via free agency, then it's going to be tough. If he does like I'm guessing ... which is say 'I'm not going to leave the Cavs high and dry,' then he'll try to force a sign-and-trade and that gives us a chance."

The final five words, "...that gives us a chance." is what sealed his fate. Was "us" related solely to the Mavs or can an argument be made that by beginning his comments by saying "...anybody would be interested...", he insulated himself?

That is exactly what the league doesn't want to do. Split hairs by looking at the context and trying to discern meaning. If it did that then it would show it was interested in the reason the rule exists.

The theoretic light bulb supposedly goes off in the target athlete's camp and all of a sudden, a new path to his next team is opened that wasn't there before.

Do either of these men present a new opportunity for LeBron James? That would mean his camp believes that only the teams that cleared cap space are in the race while playoff teams that would work with a sign and trade weren't.

And further to the point about the league ignoring context and intent, what about the music of Jay-Z, minority owner of the New Jersey Nets, including lyrics in his songs about LeBron or even about paying Dwayne Wade?

Ridiculous? Sure. But so are the latest wrist slaps by the out-of-control, control freak of all time, David Stern who can't seem to stop expressing his desire for Cleveland to remain the home of LeBron James. Oops, tampering? I think not.

[WayOutWest]

The final five words, "...that gives us a chance." is what sealed his fate. Was "us" related solely to the Mavs or can an argument be made that by beginning his comments by saying "...anybody would be interested...", he insulated himself?

In case you didn't know I work for the NBA's legal department.

[rickortreat]

I wonder if Cuban and Kerr will take this and pay up.  There is this thing called Free Speech in the US and Cuban is not an employee of the league. Unless the owners have given the league legal rights to regulate their behavior such as speech, the league has NO RIGHTS UNDER THE LAW TO FINE Cuban.

What Cuban said could not be construed as tampering by any reasonable person. The NBA may want to say a rule is a rule, and the government may not want to get involved with the leagues laws. But what is there to contain the NBA and Stern from making absurd rulings whenever it suits him?  The fines themselves are discretionary and unequal, apparently they have a sliding scale depending on however egregious the statement.

Cuban can spare the money, that isn't the point. The point is the principal.  Like it or not the reality is that the media and the NBA have a symbiotic relationship. Part and parcel of that is that reporters want quotes from coaches and everyone wants to know what LeBron is going to do.  How does any team saying they would want to try to sign LeBron change anything for anybody? It's NOT A SECRET THAT EVERY TEAM WOULD LOVE TO ADD LEBRON JAMES to their squad. So in effect Stern is fining GM's and owners for stating the obvious!

The NBA can't have media asking questions like this in the first place if it doesn't want people to have fun with this. People like to act in an open and erstwhile manner and Cuban and Kerr were trying to help the media keep everyone interested.

Put it this way, if Cuban wants to, he could put NBA management through legal hell over this, and Stern should know that.  The NBA is  built on rules but everyone can see that the rules aren't applied evenly or even fairly over the course of a game. What is a foul at one point isn't later on in a game. If the rules aren't applied consistently then everyone who lives under those rules have legitimate cause to be concerned. IF referees aren't fair and impartial. the players are forced to live with it. IF Stern isn't fair and impartial, does he get away with this with someone who is in effect his boss? Who the hell is in charge here, the owners or Stern? Who gets that fine money, anyway?