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The Patriots Fail In His Contract With Antonio Brown And They Will Eventually Pay Him $ 9 Million More



Just over two weeks ago, the New England Patriots inexplicably dug a financial hole by agreeing to give Antonio Brown a $ 9 million signing bonus. Now team owner Robert Kraft has to get out of it.

This is the consensus of five league sources who spoke with Yahoo Sports this week – anyone familiar with the Browns Patriots deal that has already been destroyed and anyone with extensive experience overlaps between NFL contracts and the league's collective agreement. The group is universally convinced that Brown's New England payment is likely to go deep in the 2020 calendar, following a comprehensive arbitration complaint that could eventually reveal what Brown and his agents know about a threatened civil case with a threat to sexual assault before signing with the Patriots.

One of the key actions was strongly emphasized by the group: The Patriots cut off Brown before activating each signing bonus, as described in the CBA. And that will ultimately be the founding and winning point of a pending appeal from Brown and the NFL Players Association.

As one source put it, "[New England] the struggle to maintain this signing bonus is now a gross misunderstanding [the CBA’s] of rules for terminating the signing of bonuses, or it is simply dishonest. I can't believe they don't understand the CBA signing bonus. There's just no way. It's just malice. They fight [Brown] completely out of the anger and inconvenience of property. ”

9 PHOTOS

Antonio Brown with the New England Patriots

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New England Patriots quarterback Tom Brady (12) congratulates wide receiver Antonio Brown (17) before the start of an NFL football game vs. Malfa Dolphins, Sunday, September 15, 2019, at Miami Gardens, Florida (AP Photo / Brynn Anderson)

New England Patriots wide receiver Antonio Brown (17) scores off when Miami Dolphins cornerback Jomal (33) Attempts to Defend during the First Half of an NFL Football Game, Sunday, September 15, 2019, at Miami Gardens, Florida (A P) Photo / Lynn Sweet)

MIAMI, MA. – SEPTEMBER 15: Antonio Brown, # 17 of the New England Patriots celebrates his first catch in the first quarter of an NFL game against the Miami Dolphins at Hard Rock Stadium on September 15, 2019 in Miami, Florida. (Staff Photo by Matt Stone / MediaNews Group / Boston Herald)

MIAMI, MA. – September 15: Tom Brady # 12 and Antonio Brown # 17 of the New England Patriots slaughter their fists in the second quarter of the NFL game against the Miami Dolphins at Hard Rock Stadium on September 15, 2019 in Miami, Florida. (Photo by Matt Stone staff / MediaNews Group / Boston Herald)

New England Patriots wide receiver Antonio Brown works during an NFL football practice Wednesday, September 11, 2019 in Foxborough, Massachuset, Brown, for to train with the team for the first time Wednesday afternoon, a day after his former coach filed a civil case in the Southern District of Florida, accusing him of sexually assaulting her three times. (AP Photo / Steven Senne)

New England Patriots wide receiver Antonio Brown works during an NFL football practice on Wednesday, September 11, 2019 in Foxborough, Massachuset. Brown is training with the team for the first time Wednesday afternoon, a day after his former coach filed a civil case in the Southern District of Florida, accusing him of sexually assaulting her three times.
(AP Photo / Steven Senne)

New England Patriots wide receiver Antonio Brown works during an NFL football practice on Wednesday, September 11, 2019 in Foxborough, Massachuset. Brown is training with the team for the first time Wednesday afternoon, a day after his former coach filed a civil case in the Southern District of Florida, accusing him of sexually assaulting her three times.
(AP Photo / Steven Senne)

New England Patriots wide receiver Antonio Brown works during an NFL football practice on Wednesday, September 11, 2019 in Foxborough, Massachuset. Brown is training with the team for the first time Wednesday afternoon, a day after his former coach filed a civil case in the Southern District of Florida, accusing him of sexually assaulting her three times. (AP Photo / Steven Senne)

New England Patriots head coach Bill Belikick, left, walks on the field near wide receiver Antonio Brown (1) while Brown practices during an NFL football practice Wednesday, September 11, 2019 , in Foxboro, MA, Brown practiced with the team for the first time Wednesday afternoon, a day after his former coach filed a civil case in Florida's South Quarter, accusing him of sexually assaulting her three times. (AP Photo / Steven Senne)




HIDING A CAPITION

SHOWING A CAPITAL

Why the Patriots will be forced to pay a signing bonus to Brown

When it comes to Brown's signing bonus of 9 million dollars, it seems the battle is headed to a CBA clause argument. In particular, Article 4 and Section 9, which form the basis of a breach of money under a contract. It states:

(a) Detained violation. Any player who (i) intentionally fails to report, train or play, as a result of which the player's ability to participate fully and contribute to the team is significantly undermined (for example, without limitation, withholding or leaving the team absent as an extreme) personal difficulties); or (ii) is not available to the team because of his conduct leading to imprisonment; or (iii) is not available to the team due to a non-football injury as a result of a material breach of paragraph 3 of his NFL Player Contract; or (iv) voluntarily withdraws …

Under laymen's terms, the CBA language states that Brown could waive his signing bonus if he did one of four things:

  • Refusing to report, to train or play and thus be banned. his ability to help the team.

  • Became inaccessible due to behavior leading to his imprisonment.

  • Became inaccessible due to what he described as a non-football injury to his player contract.

  • He voluntarily retired.

The problem for the Patriots is that Brown did not fall under any of those qualifications before his release, which in the eyes of the union (and other league sources familiar with his agreement) equals the Patriots, who are still on the hook for his signing bonus. That is the only question that matters: Regardless of what the Patriots put in their contract with Brown when it came to canceling his signing bonus, the arbitrators consistently ruled that the CBA language replaces team language when it comes to a matter of player contracts. And the CBA says Brown had to fall into one of the four categories mentioned above to lose his signing bonus. No matter what the Patriots put into their deal with Brown, the four CBA designations were all that mattered when it came to the signing bonus.

Interestingly, sources who spoke with Yahoo say New England had a controversial "out" deal when it reached Brown and betrayed him: he and his representative did not provide information to the team about his civil case. In essence, patriots could use this withholding of information as a means of canceling their entire transaction. But New England has denied any claim to it by playing Brown against the Miami Dolphins after the case was brought to federal court.

"If they had cut [Brown] as soon as they became aware of the civil suit, then there is an argument for a breach [withholding] that undermines the entire agreement," a source told Yahoo Sports. "But they kept him on the list after this case was filed. They played it in a game. They even paid him checks for [two weeks of] jobs. If the civil claim was a genuine infringer, the Patriots could have shown it by breaking the deal. Their actions speak to their intention and their intention is shown when they continue to pay him after the civil action.

Another source reinforces the burden of the Patriots for not making a deal containing weekly protections.

"They made the structure of the contract, knowing how difficult [the CBA] made it difficult to retain or recover a signing bonus," the source said. "If they wanted more protection, that was their option when negotiating the deal. They could defend themselves by making the deal a series of bonuses for 53 people per game. The bonus signing route is an instantly recognized piece of earned money as soon as it signs. This is the most user-friendly route. "

The Patriots Made Bad Contract with Brown

Did New England Make a Bad Deal in Hurrying a Team to Get Brown Under Contract? And if he was willing to give that much money to Brown for a signing bonus that would be hard to deny, did he do enough basic work to guarantee such confidence?

At first, yes, it is now clear that New England has made a bad contractual structure in the light of what has happened and the lack of protection that exists now. Whether or not the Patriots did enough homework is an argument, though the team did not do enough to defend themselves against the possibility of Brown and his agents not telling the team everything they needed to know.

Why, or of those materials that materialize – poor contractual structure and lack of knowledge of Brown's problems – will remain a matter of dispute. Some of it may have something to do with Brown's talent, which turns him into a pursuit commodity ever since he was released by the Oakland Raiders. It is very possible for the Patriots to move too fast and offer too friendly a contract for fear of losing Brown.

Said a prominent agent who had made numerous deals with New England: "They are so ultra-competitive that they feared they would lose to another team if they were not given this structure. And they figured they could control the kid – which they probably could. What they did not see coming was that of another [stuff]and that is what drives [them] crazy. ”

In a few months, this will cost the Patriots too, because that part of this mess won't be denied: New England dug a hole when it failed to defend itself properly. He will now have to pay that $ 9 million signing bonus as he climbs. Whether Bob Kraft likes it or not.


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