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Your move, NCAA

The NCAA has a golden opportunity to clean up the agent business. Will they take it? Jack Bechta

Print This July 29, 2010, 03:00 PM EST
18 Comments

It’s no secret that the agents who operate by the letter of the law and NCAA rules are at a competitive disadvantage in acquiring new clients. Those who play in the grey area can be extremely successful. Those who cheat outright, well, they can be even more successful. That’s how it’s been working for a long time.  

However, it looks like somebody got really greedy and sloppy in the recruiting process of some players from North Carolina and other schools. Even the seasoned agents who do cheat wouldn’t have screwed this one up as bad as it looks right now. They’re too cunning to do so. I believe, though, that some financial and marketing reps may have gone overboard with their concierge services in trying to impress some high profile recruits. Trust me, folks, this could turn out to be a very ugly mess for a lot of people in the pro services industry. If all the details surface, there can be some high profile agents, financial firms, and even coaches who get whacked on this one.

Butch DavisICON“If we can keep the agents away, we could have one hell of a year.” - Butch Davis, UNC Football Head Coach

UNC head coach Butch Davis recently told a few boosters, “If we can keep the agents away, we could have one hell of a year.” Unfortunately, he could not fend them off. It’s virtually impossible for the staff to control every single player’s actions.  

Anytime there is a collection of top-round picks on one team, a feeding frenzy develops in trying to sign that class. Agents, financial advisors, and marketing reps converge on the campus. They work every angle to get to the players, their friends and their families. Once they’re in the door, they’re hard to get rid of. The agent community has a good idea who the perpetrators are, but we have no tangible proof, no smoking gun. The only ones who can shut them down are the players, by coming clean with every detail. However, they have little incentive to do so.  

Even though hundreds of tips have been sent to the NFLPA and the NCAA on who the unscrupulous industry culprits are, they have rarely resulted in punishments. For one, the NCAA does not have any authority over the professionals, and the NFLPA doesn’t have an enforcement arm. However, right now, the NCAA has a golden opportunity to ID some of the biggest cheaters in the business. The dots can be easily connected back to the violators, but only if the guilty players cooperate.  

I would suggest to the NCAA that they offer “a deal” to all players who have taken illegal benefits. They usually focus on punishing the program, while they should be focusing on the root of the problem. I would offer a maximum of a one, two, or three game suspension, depending on the severity of the infraction, if the players start naming names and giving details. The more the player cooperates, the more lenient they should be. If a player is in fear of losing all his eligibility, he will be incentivized to tell all. On the other hand, if he feels like he can get away with it or that he’s going to be suspended for the rest of his senior or junior season, he has no incentive to sing.  

The fact that we have an incident that occurred prior to the start of the season give the NCAA a chance to be proactive on this one. However, they have to work faster than usual. It can’t take three years this time. Once they get the needed evidence from the players, it should then be turned over to the NFLPA and the respective states so they can carry out their disciplinary procedures.  

The young men, who were weak and got seduced by the dark figures and temptations in our industry, have a chance to help change it for the better. Let's hope they will.  Would you?

Follow me on Twitter: @jackbechta  

Comments

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winston123
Jul 29, 2010
04:09 PM

Maybe it is just me. However, I have no problem with players taking whatever they can get. The amount of money the schools make off these players is obscene. You have how many schools that follow the same set of rules and work together to keep the athlete from making a fair wage for what they bring to the table. While I am not a big fan of a union, this is segment that needs one.

Packfan
Jul 29, 2010
04:51 PM

What of those schools whose star juniors *didn't* return for their senior years, but took their NFL paydays the right way? They're getting righteously screwed if schools whose players drank from from the agents' pimp cups don't also get slapped down hard.

ptr2me
Jul 29, 2010
05:18 PM

Please stop bitching about these players not getting paid. For a private school like USC the tuition is up near or over $50,000 per year. That's not a bad salary to get as an 18 year old whose primary skill is to play a sport with no guarantee of truly being a "professional". The questions come because too many players do not take advantage of their opportunity to achieve a college diploma and give themselves marketability when their playing days are over due to skill or injury. 50K 85 times is 4.25 million. The money the teams gets from bowl games and full stadiums covers that cost as well as the full scholarships for volleyball, girls basketball, golf, wrestling and many other sports that wouldn't know a full house on an unbelievable day. the players get paid just not in their actual bank account.

Journeyman
Jul 29, 2010
05:20 PM

Jack, isn't there any kind of central body or organizing agency among the agents themselves? Even if it doesn't exist or is 'regulatory in name only', what would you think of creating or empowering such a body that would have the ability to investigate agents and name punishments? It would benefit the business of sports agents as a whole by improving their reputations, and the guys who cheat the worst would be singled out and punished. (I know that wouldn't do anything about crooked financial advisors, etc., but it'd be a start.)

Jack Bechta
Jul 29, 2010
06:31 PM
Jack Bechta

journey, many states have strong laws with harsh punishments on the books. the NFLPA is capable of handing down some tough punishments is they have a smoking gun. however, there is no enforcement/investigative body in place to do the grunt work in tracking down the evidence.

jmscooby
Jul 29, 2010
08:51 PM

Hey Jack,

Shouldn't there be some kind of regulation on contacting college coaches by the NFL? Butch Davis himself is a good example when he bolted from Miami. He left behind quite a few amatuers. It's ok for your coach and role model to take the big bucks, but not one of his players to take a parttime job at a car dealership over the summer where he doesn't have to actually work?

MarkS
Jul 29, 2010
11:14 PM

Jack, do you think the current philosophy of motivating schools to police themselves or they lose scholarships, etc, is dysfuntional? And if so, why? Not hard enough punishment at the school level? Is it possible to make them continue to pay the scholarships, but strip their tv revenues completely (ie, show their games but don't pay them anything for being on TV), and bar them from bowl games, etc (ie, make them keep their expenses, but cut off their revenues). Is that even possible?

The agent issue seems to be incredibly tough. I know you've touched on your process for recruiting, but specifically, how do you compete when the playing field isn't level? Do you just focus on schools where the culture creates a level playing field (like Iowa, for example)?

As for financial advisors, since the NFLPA has some control over who gets in the door, why aren't they clamping down on that more? Why don't they subpeona player or family financial records, and determine exactly who the scum bag financial adivisors are, and then go after them? If they need a goup to do that, why don't they make it self-funding. For example, the fines the NFLPA imposes on the financial firm directly funds the efforts to police the industry. Do you even think the NFLPA's novel approach to financial advisors even works? Is it really just about not having the funds to investigate this stuff fully?

Perhaps I'm too idealistic. But it's just F*ing sick to see how greed motivates people to trample on other people and the laws.

MarkS
Jul 30, 2010
10:49 AM

One more thought that's even better - Why won't the NFL just blacklist players who break the recruiting rules? I would imagine that this simple rule would be enough to prevent agents from pursuing players that could have no value to them, financial advisors from pursuing players that won't have any money, and players from ruining the best, and perhaps only, chance they have to make a living.

If you break the rules before you even enter the league, you're not welcome. Go play in europe or Canada and earn a fraction of what you could have if you had honored the game and its rules...

XofDallas
Jul 30, 2010
11:33 AM

Jack, couldn't an independent enforcement/investigative arm be formed, funded by the NFLPA, NCAA, the schools, the conferences, the NFL and/or the College Coaches' Association? I also agree with the "turn states evidence" approach.

Scot
Jul 30, 2010
01:16 PM

Blacklist the players? Um, that's called "collusion" and violates about fifty different anti-trust laws.

XofDallas
Jul 30, 2010
01:32 PM

Jack, couldn't an independent enforcement/investigative arm be formed, funded by the NFLPA, NCAA, the schools, the conferences, the NFL and/or the College Coaches' Association? I also agree with the "turn states evidence" approach.

Jack Bechta
Jul 30, 2010
01:36 PM
Jack Bechta

scooby, good point but it will never happen. double standard.
Mark, agreed. it just doesnt work any more. it should be kept in place but coaching staffs need help. when they see a player driving a new escalade in oct., they should be able to have somebody to call.
Dallas, thats the model that i would back.

Brad James
Jul 30, 2010
02:29 PM

To be honest, the next time the NCAA does the right thing will be the first.

winston123
Jul 30, 2010
03:57 PM

ptr2me - you proved my point. If all the money can go to fund other things then the athete is not getting their fair share. Do you balk at a pro athelete getting paid more. No because that is what the market commands for their services. Same as college. However, the colleges have it rigged to keep the athelete from earning what they should. They colluded to keep salaries (scholarships) at a certain level. Maybe not illegal but in my humble opinion wrong. Call it bitching if you want. The bottomline is that many athletes are not getting compensated at fair level...$50,000 is not a fair level for some of the elite players. Also, how many coaches ride players who try to get an education? I say take what you can get even if it is outside the system.

Scott S
Aug 01, 2010
05:19 AM

Winston, the problem with what you suggest is that the reason the NCAA does not allow college players to receive money is because they need to keep their tax exempt status. If they suddenly started doling out salaries to players they'd stand to have a large piece of pie taxed.

I understand the supply and demand side of your argument, but alot of the "elite players" end up getting drafted highly. Sam Bradford just got 50 million guaranteed money, so it's not like the players won't get their money, they just have to wait.

Mr. Murder
Aug 02, 2010
12:39 AM

If the NCAA were to do much, it would be an endorsement of obligations. They will do as little as they can get away with.

The players really want to get this going, organize.
Form a union, since you are basically doing intern work for a professional future in a union.
It is a business, after all.

Conferences who lack right to servitude legislation in several key states could have a real headache at hand.

John W
Aug 04, 2010
06:10 PM

Jack,
DeMaurice Smith was asked during an interview on ESPN about the agent issues that have cropped up recently and what could the NFLPA do about it and he said that if an agent was found to have interfered with a players eligibility that the NFLPA would move to "decertify" them and they would not be allowed to represent players. Doesn't this qualify as an enforcement arm?

David Harrison
Aug 05, 2010
09:02 PM

The NCAA and the Conferences are the PIMPS. Nick Saban and Urban Meyer are both represented by Agents (Pimps). College football needs to share the revenue with student athletes. Come ON.... USC giving these kids a 50k education is BULL! These athletes go to USC for one reason ONLY. The NFL. In the press school coaches talk that PR ying yang about getting an education but it's really about getting to the NFL. If its really about getting an education then why do coaches get fired for not winning? I.e Notre Dame. It's all about the Mighty Dollars.
I hope the NFL starts a minor league to leave straight from High School. Then the NFL could pay the players for their work. In addition, sub-contract all non-athletic schools to provide the education for these athletes online. Break the NCAA slave labor. Then we will see how much it's about an education. All the BS about getting a degree from USC is overrated. What's the difference between a Nurse or Doctor that graduates from USC vs a State University? Nothing. They all must pass the same certification. Which is heavier. 10,000 lbs of toilet paper or 10,000 lbs of Gold? 10,000 lbs is 10,000 ibs. Apparently that's all we get from the NCAA and Conference. Lots of TOILET PAPER talk. I give the NCAA may be 5 more years of life. If they don't wake up and pay these athletes. Something will break the camel's back. Take a lesson from the Music Industry. They were too greedy to recognize give artist their fare share until Napster and Itunes came along. I say. Power to the athletes. Share the revenues or suffer the same faith NCAA.

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