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Report: NFLPA wants inquiry into Dumervil debacle

dumervil310 Getty Images

It’s still unclear how the tentative deal to restructure Elvis Dumervil’s contract imploded.  The NFL Players Association plans to seek some clarity.

According to Mike Klis of the Denver Post, the union has “asked for an inquiry” regarding the events culminating in Dumervil being released.

For starters, Dumervil may not want an inquiry, because an inquiry could uncover that his agent, Marty Magid, got cold feet after reportedly agreeing to cut the player’s salary from $12 million to $8 million in 2013, opting instead to sign elsewhere and get more.  (Then again, no free-agent pass rusher has gotten more than $7.5 million per year in the current hiring cycle.)

It’s also possible that Magid could end up facing scrutiny from the union, which is responsible for regulating agents.  Several years ago, Carl and Kevin Poston faced NFLPA discipline after failing to read the final version of a contract signed by linebacker LaVar Arrington while racing to beat a deadline for getting the deal done.

Then there’s the fact that deals between players and teams aren’t done until they’re officially done.  There are no enforceable oral agreements in the NFL, and in this specific case the Broncos had to exercise their right to terminate the existing contract by 4:00 p.m. ET on Friday, or the player’s entire $12 million salary for 2013 would have been fully guaranteed.

In the real world, contract-law issues of offer and acceptance would be relevant.  For the NFL, the contract becomes binding only when it is submitted to the league office.

While this bright-line rule invites potential shenanigans that violate the understanding between player and team, it keeps the NFL from ever having to preside over pissing matches regarding whether or not a contract was finalized.  It’s finalized only when the league office gets it.Here, the NFL didn’t get the new contract and the Broncos terminated the existing one.  The chances of that outcome changing fall somewhere between slim and none, with the needle much closer to none.

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58 Responses to “Report: NFLPA wants inquiry into Dumervil debacle”
  1. benroethlisberger7 says: Mar 16, 2013 11:57 AM

    The agent is to blame. It’s always the agent.

  2. jasonculhane says: Mar 16, 2013 12:00 PM

    If there’s any foul play it would be on the Dumerville side. The Broncos had everything to gain in restructuring

  3. conseannery says: Mar 16, 2013 12:00 PM

    Several years ago, Carl and Kevin Poston faced NFLPA discipline after failing to read the final version of a contract signed by linebacker LaVar Arrington while racing to beat a deadline for getting the deal done.

    Any mention of LaVar Arrington always reminds me of his Giants jersey on sale at TJ Maxx or wherever for 10 bucks. Brings a chuckle. Good times.

  4. purpleguy says: Mar 16, 2013 12:00 PM

    Has anyone considered an inquiry as to why, in 2013, the Broncos are still using a fax machine?

  5. trollhammer20 says: Mar 16, 2013 12:04 PM

    You snooze, you lose, like the Vikings that one year in the first round of the the draft. They went past the deadline, and three teams stepped in front of them.

    Still can’t believe this happened in this day and age of instant communication, where Florio can post a story and logicalvoice can have a post up about how awesome the Redskins are within thirty seconds.

  6. benroethlisberger7 says: Mar 16, 2013 12:04 PM

    ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬
    We radiate importance. You radiate defeat. You bath in emptiness. We bath in the ocean of your tears. ~ 6 rings
    ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬

  7. samapoc says: Mar 16, 2013 12:08 PM

    That agent needs to find a new career.

  8. randyschwimmer7 says: Mar 16, 2013 12:08 PM

    The Broncos are not using a fax machine. If you have read all of the stories you would see that Dumervil and his agent had no other way to get it to the Broncos so they had to go to FedEx store to get the fax out. The agent planned all of this because he knew that Dumervil would get the 4.8 million in dead money on top of what he got from another team. It is completely evident when you see that he had to make it a point to let everyone know that teams are already calling for Dumervil. All planned. Slimy agent who has only ONE agent… DUMERVIL

  9. latenightroach says: Mar 16, 2013 12:12 PM

    This just in: John Elway has a hangover today….

  10. kingfish2013 says: Mar 16, 2013 12:12 PM

    Elvis to Rock n Roll Capital! We will overpay him.We definitely have the cap space.I can already see the tshirts now..Go Brownies!!!

  11. phil325 says: Mar 16, 2013 12:15 PM

    The NFLPA wants an inquiry. Wow. They screwed up the CBA, now let’s see if they can screw up agent regulation. I’m betting they can.

  12. larryboodry says: Mar 16, 2013 12:18 PM

    So sign the man to a new $8mil contract, and tell him to get another agent.

  13. salventuri says: Mar 16, 2013 12:18 PM

    Dumb & Dumervil .

  14. camarothndr says: Mar 16, 2013 12:19 PM

    Don’t blame Elway too much, hes just using the old Super Bowl model they used when he play for them, so it took Elway about 16 years before he saw his first ring, maybe just maybe in 15 year Denver might get another Super Bowl win, here’s hoping

  15. chiwizlive says: Mar 16, 2013 12:30 PM

    I’m already tired of this story,for all the good we’ve done in FA this just puts a dark cloud over it,so either resign him and take the cap hit or use that money and sign John Abraham and Bernard Pollard.

    #BroncoNation

  16. canetic says: Mar 16, 2013 12:32 PM

    Here’s the answer to the NFLPA’s “inquiry.” The deadline to fax in the contract was 2 pm MST. It was faxed in at 2:07 pm MST which was AFTER the deadline. That was too late and the Broncos had to release Dumervil in order not to have to pay a guaranteed $13 million. Thank you for your call.

  17. tdshouldbeinthehall says: Mar 16, 2013 12:33 PM

    The players want an inquiry into why the NFLPA got hammered by the NFL in the CBA.

  18. raiderlyfe510 says: Mar 16, 2013 12:34 PM

    Broncos didn’t want Dumervil. They received that’s fax on time.

    Picture yourself in the Broncos front office situation. You really wanted to keep a player and haven’t received a fax by 1:50. Are you not going to call or text the agent and be like…”Yo, WTF is going on? Hurry the F’ up “.. Or something.

    The broncos probably got the fax at a out 150-155pm and was like so what, we’re cutting him anyway. Peyton wants Freeny.

  19. contract says: Mar 16, 2013 12:34 PM

    “Then again, no free-agent pass rusher has gotten more than $7.5 million per year in the current hiring cycle.”

    Guaranteed money talks. New contract … new signing bonus. All the Broncos were offering was less money.

  20. pinion8ted says: Mar 16, 2013 12:35 PM

    The NFLPA could end up with egg on its collective face, if it turns out that Dumervil and his agent were manipulating the Broncos into releasing him.

    They wouldn’t want to put one of their own members in a bad light now, would they?

    If Dumervil ends up doing the right thing and signs a deal like the one he supposedly accepted at 1:30 yesterday, we’ll know it was an honest mistake.

    If he holds out for more money or goes elsewhere for more, we’ll know he had ulterior motives for his late move.

  21. jetsjetsjetsnow says: Mar 16, 2013 12:37 PM

    Lets bring some brains to this discussion… In the real business world fax machines are used everyday. Its more a issue of when you use it & for what purpose. They can be convienient for certain types of non-critical communications. We send routine faxes all the time, but if you are talking about a Multi-Million dollar deal that hasn’t been finalized on a previous day then I wouldn’t do it like this but you could get away with using a fax & have plenty of time to call to make sure the fax got there & everything is hunky dory fine. But in this case there became a critical deadline, so in order to have any competence in the matter at all you should use scanning & email of documents or an online document signing service, which is pretty easy to upload, fully legal and tracks the document in detail. It costs us $25 a month.

    How this whole thing could come down to 7 minutes without some type of funny business going on behind the scenes is beyond me.

  22. halbert53 says: Mar 16, 2013 12:44 PM

    If I had that much money riding on a contract, I would have made damn sure it was in on time.

  23. FinFan68 says: Mar 16, 2013 12:44 PM

    The NFLPA needs to be careful here. The investigation will most likely reveal one of two things. The player/agent were incompetent or shady. If it was just the agent, I would expect that would be an offense worthy of a pink slip.

    Outside of lying about when they received the fax (which is printed on the pages) there is no way the Broncos can be blamed.

  24. elrock7 says: Mar 16, 2013 12:44 PM

    to chwizlive, there is no Bronco nation, its BRONCOCOUNTRY!!!

  25. bartlettruss says: Mar 16, 2013 12:44 PM

    I’m not sure that we should blame this on faxing. The fax didn’t malfunction and everyone knew the drill.

    As this turns out no one really got anything they wanted it seems. The Broncos were evidently going to release him absent a new contract and the agent didn’t get something he wouldn’t have gotten if he did nothing.

    I wonder if the agent either pulled a fast one on his client or if he really thought he might trick the Broncos into missing the cutoff time thereby guaranteeing the contract.

    Either way, this seems to fall on the agent. The agent had a deadline and he missed it.

  26. gbatap says: Mar 16, 2013 12:53 PM

    I don’t know why you keep looking at the per year totals of what people are getting. Players and agents are more concerned about guaranteed money and on the open market Dumervil is bound to get more then the 8M$ guaranteed that Denver is offering.

  27. robertw2010 says: Mar 16, 2013 12:58 PM

    THE NFLPA demands an explanation!!!!!

  28. jetsjetsjetsnow says: Mar 16, 2013 1:01 PM

    If there is no funny business going on here I guess I’ll have to consider the alrernative… but can they all really be that inept???

  29. mikebrownfaux says: Mar 16, 2013 1:01 PM

    “no free-agent pass rusher has gotten more than $7.5″

    ___________

    Are you saying that Michael Johnson’s 11.5 million dollar franchise tag, isn’t more than 7.5 million a year?

  30. stoolerz says: Mar 16, 2013 1:04 PM

    You clowns gotta get off blaming the fax machine. Fax machines work just fine – if you send your fax on time. Also, faxes are time stamped-so sorry raider loser-they couldn’t lie about it.

  31. cwwgk says: Mar 16, 2013 1:07 PM

    The NFLPA is going to sue FedEx on behalf of Dumervil. And Goodell. Frivolous lawsuits make the union feel important and relevant.

  32. chawk12thman says: Mar 16, 2013 1:12 PM

    I bet Dumervil loses his Kinko’s endorsement….

  33. readyforsomefootball says: Mar 16, 2013 1:18 PM

    Once the agent missed the 1 pm deadline, the revised contract was never going to be executed in time with Dumervil in a different location. Faxes are mandated by many financial institutions for signature required documents because of legal precedent and the fear that electronic signatures can be faked. But they are unreliable and slow and this is what you get.
    When Elway has to go to the press the night before the deadline to announce Dumervil doesn’t understand the market realities, it was probably too late then.

  34. leggett17 says: Mar 16, 2013 1:32 PM

    Never trust a guy named Marty.

  35. blowpackblow says: Mar 16, 2013 1:34 PM

    Dumb & Dumerville

  36. tdk24 says: Mar 16, 2013 1:47 PM

    Goodell doesn’t understand how the Broncos still have issues sending contracts by fax while the Browns have no issues at all sending contracts by telegraph. Heck, the Redskins have used smoke signals since day one.

  37. profootballwalk says: Mar 16, 2013 1:51 PM

    Faxes are used because faxed signatures are legal for use in contracts. There is nothing wrong with using a fax machine. it was the people who screwed up, not the fax machine.

  38. chiwizlive says: Mar 16, 2013 1:54 PM

    To elrock7 BRONCONATION is my own personal bronco following I created myself I have a right to do that don’t I? This is America isn’t it I’m 39 years old living in L.a Cali and have been a broncos fan since I could talk I like to throw broncoNation in the face of these raider and chargers fans I deal with everyday do you mind…

  39. normswifevera says: Mar 16, 2013 2:02 PM

    It should be called out as utter BS if anyone steps in on this.

    Some have pointed to the T.O. situation with the 49ers several years ago. That involved a deadline to file that was actually changed by the league. Some weren’t aware of the changed date. It wasn’t just T.O. that was effected by it.

    That isn’t what happened here. Everyone knew when Dumervil’s situation had to be resolved by. That they didn’t get it done is on them.

  40. dolphins512 says: Mar 16, 2013 2:17 PM

    jetsjetsjetsnow says:Mar 16, 2013 12:37 PM

    Lets bring some brains to this discussion…
    __________________________________

    Dude, get a reality check on yourself….your a Jets fan. Spare us the lecture on faxing vs. scanning.

    And for all of those folks who say just resign him….because he was cut, his prorated bonus for the next few years automatically accelerated and is due this year the second he was released. Now the Broncos have to absorb that 4.8million this year…..which negates the savings they got from cutting his salary to begin with.

    I’m betting the Broncos just let him walk.

  41. chi01town says: Mar 16, 2013 2:18 PM

    The Broncos OWE Dumervil 12 million dollars and Elway is trying to
    cover it up… Remember before this started Elway jumped in front of every camera he could find and said he didnt want to pay Dumervil his agreed apon contract. his words was Dumervil’s contract was ” out of whack” this is Elway’s falt and the Bronco’s should pay that man his money.

  42. stillers213 says: Mar 16, 2013 2:26 PM

    I think it needs to be put up for debate in congress.

  43. sparky151 says: Mar 16, 2013 2:34 PM

    Let’s just hope it wasn’t a case of the contract being so long it took the fax machine more than 7 minutes to print it.

    Let’s also hope it wasn’t a case of the Broncos revising their offer on Friday morning so that the agent had to reread the whole thing from the start (to avoid the Poston problem) and that caused the delay.

  44. stillers213 says: Mar 16, 2013 2:42 PM

    I heard Jim Carrey’s got a new movie out….

    It’s called Dumb & Dumervil!

  45. killitandeatit says: Mar 16, 2013 2:52 PM

    This is John Elway’s fault. Quit trying to cover for this guy. What is Elway’s salary ? Is it not John’s JOB to make sure the team is not hurt in all transactions ? The team is clearly being harmed and now there is a smoke screen “blame game” going on. If I’m Pat Bowlen I want John to start explaining what exactly am I paying you for ?

  46. mackie66 says: Mar 16, 2013 2:55 PM

    Sounds like the Dumervil crowd had a dumber moment.

  47. immafubared says: Mar 16, 2013 2:58 PM

    I got to believe there is a time stamp on the faxed document, case closed. Don’t matter who sat on it, it was sent in late, case closed.
    I would assume the time the thing was starting to print is the time they go by so the lenght of the contract has nothing to do with the sent time.

  48. immafubared says: Mar 16, 2013 3:03 PM

    Teams us fax machines for one simple reason: the agents from all the 31 other teams aren’t camped out on your doorstep stupid.

    Of course they use faxe’s. They fax contracts back and forth all day long.

    I agree that the agent kind of delayed this deliberately thinking Dummer than Ville could sign fo mo money and he would be a bigger pay day too.

  49. cw3214 says: Mar 16, 2013 3:07 PM

    Complete incompetence. Didn’t T.O.’s agent forget to submit paperwork to make T.O. Back when he was with San Fran?

  50. fergenator says: Mar 16, 2013 3:26 PM

    If the agent has purchased any printer within the last 5 years …he should be able to scan the document to file and then use a free internet fax service to fax the document. All free ….All from the office…no more than 5 min.

    If any agent would like to hire me for 10% of the contract value I will fly to your location and show you! Dumervills agent….you could have saved your client 4 million! My new book is FreeFax for Dummies!

  51. effjohntaylornorelation says: Mar 16, 2013 3:56 PM

    How bout an iPad with the PDF Expert app ($29.99). Then the docs can be emailed and signed electronically with a single finger. So unbelievable but probably intentional by the players camp to wiggle out on to the market.

  52. swedishfish14 says: Mar 16, 2013 4:28 PM

    I don’t quite understand the current problem. If the player agreed to the teams lower deal, why not just write a new contract with that same deal?

    There. Done.

  53. stopthehate15bowdown says: Mar 16, 2013 4:37 PM

    Unfortunate for PR reasons but not that big of a deal people! No one expected Dumerville to take such a big cut. Broncos expected this to happen. They should have made it clear that the 1 pm mdt deadline was final and cut him then. It was clearly the agent’s fault but the broncos are to blame for
    keeping the door open so late. Hopefully they can
    do a new restructured contract and offset the
    dead money. What I want to know is why couldn’t Elvis just take a picture of the signed contract and
    text it back to the broncos and why wouldn’t he just send it directly to the league office

  54. gator2006 says: Mar 16, 2013 5:05 PM

    Crap like this is why “football people” should not be running organizations and people like us who are more intelligent and business-savvy (but are not ex-NFL) should.

  55. darius323 says: Mar 16, 2013 5:11 PM

    Let’s be clear. It is not unheard of to use a fax machine to execute a contract. In Fact Stan Van Gundy did it when he became the coach of the Orlando Magic. The point is that Dumerville saw the Broncos spending money to bring in new talent on a team that did very well the previous year and could have very well won the Superbowl. Maybe he felt the new additions weren’t necessary and maybe he felt the defense was a big part of why the Broncos managed to do so well last year. I am convinced that if he wanted to remain a Bronco he would be one today. In fact the opportunity to be a Bronco is still on the table. The fact that he is a free agent only illustrates to me that he was looking for a big payday and not a Superbowl Championship. He will regret it.( Can you believe we signed Wes Welker Wow!)

  56. footetraffic says: Mar 16, 2013 5:23 PM

    For those who have said, “why don’t the Broncos just re-sign him now for $8m” … The salary cap hit that the Broncos took by releasing him does not give them enough cap room to re-sign him. Unless Dumervil wants to take $4m (or some signing bonus finagling), then there is no way for him to become a Bronco.

  57. heavyimages says: Mar 16, 2013 6:26 PM

    “No one expected Dumerville to take such a big cut.”
    ——————————————————–
    First it’s Dumervil, not Dumerville. Secondly the reworked deal was for the same $30M over the next 3 seasons. They shifted the money around and backloaded the deal because the Broncos were desperate for cap space (they only had 50K at before Dumervil was cut). The final year of the deal went from $8M to $11.5M. None of the final 3 years were guaranteed. Dumervil and his agent were negotiating to get a least some of that money guaranteed. I believe it was going to be $3M for 2013-14. Dumervil and his agent wanted it to be a full guarantee (and assumed that was what they were getting), but when the Broncos sent them the contract it was for injury only–meaning that they could cut him in 2014-15 without implications.

    One other thing I want to point out. With the cap, dead money gets accelerated to full value the against the year that a player gets cut or traded before June 1. Now after June 1, it’s just the prorated amount for one year and then the rest falls on next season. Because of a loophole in the cap rules, the Broncos can designate two contracts from players cut or traded before June 1 to be treated as being after June 1. So with Dumervil’s dead money if the Broncos exempt as being after June 1 (and it’s almost certain they will), then they only have $1.6M against the cap this year and $3.2M in 2014. So they’re theoretical potential cap space is more in the $11M range. Which would be plenty to resign Dumervil, even at the original reworked terms.

  58. mrpowers88 says: Mar 16, 2013 7:20 PM

    All part of Goodell’s Jedi-mind-trick to get the union to take care of tampering on the agent side before the league has to do anything on the team side

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