I did not start out on this path, but 10 years ago fate and
dissatisfaction with a traditional legal career led me to the field of
sports management. I became certified as a NFL agent and founded a
sports agency in Jacksonville, Fla.
I named it the Breakthrough
Sports Agency because of my desire to break through the current
standards, raise the bar and challenge the system that has done little
to regulate the billion-dollar industry known as college football.
Forty-one states have laws on the books, and the federal government has added one more to the pile.
Yet
even the federal Sports Agent Responsibility and Trust Act, known as
SPARTA, requires the states to take the lead and prosecute rogue agents.
States cannot afford to enforce the law, however, nor do they have
the requisite resources or ability to cross state lines to do so. The
number of prosecutions can be counted on two hands, and known violations
— such as the one that led to the suspension of Alabama’s Andre Smith
for the Sugar Bowl following his 2008 junior season — have gone
unpunished.
The National Football League Players Association grants
agents permission to negotiate NFL contracts and is the main source of
rules regarding agent-player contact.
Each year, the NFLPA adds
more prerequisites to obtain certification. Most recently, it mandated a
graduate degree. Ostensibly, then, the agent pool is better than it
was, although most of the rules contain grandfather clauses.
Additionally,
no authority licenses or regulates marketing or endorsement agents. In
an attempt to earn 18 to 24 percent of future endorsement dollars, these
and similar financial managers or promoters were the source of Reggie
Bush’s early payday.
As a result of the cash and rewards Bush and
his parents received, the University of Southern California was recently
harshly sanctioned.
Meanwhile, the NCAA puts pressure on schools
and is seemingly the only entity actively investigating violations.
However, it has no control over agents.
Plus, the NCAA puts schools
in a precarious position (which Alabama Coach Nick Saban pretty
accurately described as “double jeopardy”). A university must decide
whether it should help clean up its campus and aggressively assist in
the prosecution of agents (and potentially open itself up for more NCAA
scrutiny), or just do its best (such as the University of Texas’
purported monitoring of the registration of its players’ vehicles).
Some
schools opt to not listen too carefully, lest they hear the campus’s
worst-kept secret: that some players are receiving benefits or are
actively being courted by rogue agents, financial advisers and those who
try to be “matchmakers” and get a piece of the ultimate deal.
The
NCAA’s latest sweep has already brought several programs to the boiling
point and caused them to increasingly disparage agents, comparing some
to “pimps” (Saban) and “predators” (Florida Coach Urban Meyer), or
advocate the use of a firing squad (Grambling Coach Rod Broadway).
It’s time for the name-calling to stop and reform to start.
More must be done. Maybe the student-athletes deserve a piece of the pie, but that proposition is not easily tackled.
And
under the current system, the NFL wants and will get these athletes no
matter what road they take to the league. So it’s disingenuous for the
NFL or NFLPA to act overly irate. The system itself is inherently
flawed.
The NFLPA has to balance risk vs. reward and suspend law-breaking agents.
In
an upcoming law review article to be distributed to academia and state
legislatures, I lobby for federal licensing or registration, and for the
IRS to prosecute (for tax evasion) student-athletes who are “on the
take.”
I also support a two-strike rule: If you cheat once, you sit
out for a draft or two. If you do it again, you must find a new career.
In addition, I urge the creation of an enforcement bureau that has the
ability to travel and investigate across state lines, while also
respecting due process.
Is football just a sport? Yes, but it’s a billion-dollar enterprise, too.
Is more government regulation necessary? It is when 42 different laws don’t curb the corruption.
There
is little that compares to college football. It is an institution. I
learned that the first time that I stopped watching and started to truly
feel the Alabama-vs.-Auburn rivalry.
The guys who play college
football love to play the game, and certain very fortunate ones get to
use football as a means to change their lives.
There is so much
riding on their every game, their every season and their careers. To
have that jeopardized by people wanting to selfishly take advantage of
them is something I cannot join.