Miller’s bonus forfeiture is automatic, making the total cost of his suspension more than $2 million

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The Broncos have said all the right things regarding the suspension of linebacker Von Miller, calling him a member of the “family” and vowing to support him.

That support also will include collecting from him more than $1.2 million in bonus money paid out more than two years ago.

It’s an odd quirk in the labor deal, which both the league office and the Broncos have told PFT applies in this case.  For suspensions under the substance-abuse policy, the forfeiture of a prorated portion of the signing bonus becomes automatic and non-discretionary.  Even if the Broncos don’t want the money, they have to take it.

Based on Appendix D to the substance-abuse policy, the six-game suspension requires Miller to repay 6/17th of the bonus allocation for 2013.  At a total signing bonus of $13.773 million and an allocation per year of $3,443,250, that’s a forfeiture of $1,214,264.

It’s unclear whether the money will be withheld from future payments to Miller, or whether he’ll have to write a check for the amount.  Since taxes already have been paid, his accountant will have to pursue reimbursement from the federal and state governments for payments already made.

Coupled with Miller’s lost salary of $806,161.76 (based on a full 2013 base salary of $2,284,125), his total financial losses for the six-game suspension will be $2,020,425.76.

While the Broncos should be able to choose not to seek repayment of the signing bonus, after the 2013 season they can choose to sign him to a new deal.  And they can add $1.214 million to the final value of the new contract, if they want.  For now, they have no choice but to collect that money from Miller.

80 responses to “Miller’s bonus forfeiture is automatic, making the total cost of his suspension more than $2 million

  1. If they were to do what you suggest to circumvent the rules I suspect they’d get a visit from the Commish. This is a business, and is not subject to all the civil rights lawyering we see in the courts today.

  2. why would broncos not want to take bonus money back? in the real world, you cheat the system or do drugs you get fired. he’s a repeat offender who tried to cheat the system.telling the whole world he did nothing wrong…ryan braun arod. etc. let us take off the kid gloves, these are grown men, not kids

  3. The Broncos are down to Shaun Phillips rushing the passer for the first six games of the season? I like SP, but he’s not going to get it done by himself. I see the Broncos getting involved in a number of shootouts early in the season, with a 3-3 record.

  4. Perhap MJF could explain exactly what VM did wrong under the Procedure section of the Substance-Abuse Policy…?

  5. Why wouldn’t the Broncos want $1.2million from a guy whose absence might be the difference between going to the playoffs or not? With Dummerville and Miller now gone I guess the Broncos are going to have to score 35 points a game in the first 6 weeks to win.

  6. The more they take a way, the more potential to fund a law suit.

    With $2 million at stake one would think there are a number of lawyers lined up willing to try and get at least half of that back for him. Keeping the other half for themselves of course.

  7. As usual when this site mentions anything legal, they get it wrong. The loss of the bonus will be a deduction for this year and not something that I file an amended return for the previous year.

  8. What do you expect, drugs are an expensive hobby!

    But seriously, these guys need to understand there contractual obligations. When you cant/dont play, hence b/c of a suspension, you dont get paid!

    Having a job and getting paid is not a right, but a privilege.

  9. “It’s all good. My buddy Vince Young is hooking me up with a company that has no problem loaning out loads of money to athletes.”

  10. Why would the Broncos choose to give back the money? That makes no sense. They are paying him money to play on the field…Miller’s poor choices led to this situation, and since Miller is responsible for not being able to play, the Broncos shouldnt feel responsible to pay.

  11. dang, worst thing that has happened to me after smoking was losing the remote for a day, then finding it was in the cheese drawer of the fridge.

  12. Why give it back to him? He badly hurt the team. He won’t be playing. Seems very fair that he should lose the prorated portion equal to six games. I am usually pro-player and I like the guy. But there’s a reason why that’s in the agreement.

  13. Von Miller is a great football player but he must not be very smart. That’s a lot of Benjamin Franklins to be leaving on the table.

  14. Don’t do the crime if ya can’t to do the time! I NEVER feel sorry for a millionaire. Geaux Saints!

  15. So the Broncos just traded for a guy that can’t pass a physical…

    The front office can’t pass a breathalyzer…

    The leading pass rusher can’t pass a urine test…

    And Elvis and his agent can’t operate a fax machine…

    Good luck Bronco Fans…

  16. So, what happens if a player no longer has the money to give back? Don’t know how Miller handles his cash, but there are quite a few guys who spend every penny they make the second they get it.

  17. Anyone else sick and tired of all the non accountability by the players ,that is until caught.

  18. This is what baseball should do as well. Suspending guys like Ryan Braun or ARod has no impact on their wallet too much. Braun loses 3 million, which is huge. However, he STILL gets 119 million from his 122 million contract. All contracts should be voided upon getting caught as they do in cycling.

  19. I love all of these UNINFORMED fans. He did not CHEAT anything. He smoked some weed. I guarantee 95% of you on this board have smoked weed in your life. He did not get busted for Performance Enhancing Drugs. What part of all of this have you missed to keep calling him a cheater? Sounds to me that more and more people are suffering from massive amounts of ignorance.

  20. patriots123456 says:
    Aug 21, 2013 11:18 AM
    So the Broncos just traded for a guy that can’t pass a physical…

    The front office can’t pass a breathalyzer…

    The leading pass rusher can’t pass a urine test…

    And Elvis and his agent can’t operate a fax machine…

    Good luck Bronco Fans…
    _______________________________

    At least our team doesn’t employ a multiple murderer. BOOM!

  21. patriots123456 says:
    Aug 21, 2013 11:18 AM
    So the Broncos just traded for a guy that can’t pass a physical…

    The front office can’t pass a breathalyzer…

    The leading pass rusher can’t pass a urine test…

    And Elvis and his agent can’t operate a fax machine…

    Good luck Bronco Fans…

    _______________________________

    I almost forgot, thank you for WES WELKER.

  22. Smoke some weed and lose $2 million.

    But, get as drunk as you want as long as you have a sober driver and don’t start any bay fights. Jeez.

  23. Word is he was seen at a Phish concert last fall with a big bag of molly that made you want to chew gum just by looking at it…

    Probably worth the 2M to be honest

  24. randyschwimmer7 says:
    Aug 21, 2013 12:00 PM
    I love all of these UNINFORMED fans. He did not CHEAT anything. He smoked some weed. I guarantee 95% of you on this board have smoked weed in your life. He did not get busted for Performance Enhancing Drugs. What part of all of this have you missed to keep calling him a cheater? Sounds to me that more and more people are suffering from massive amounts of ignorance.
    ———————
    Apparently, the part YOU missed was about him “spilling” his first sample and providing a bogus sample the second time. Do you really believe he wasn’t trying to hide/cover up something? Talk about ignorance…

  25. How funny is the guy “guarantying” 95% of us have smoked weed. Does that change with every new post or are your guaranties equal to that of Aaron Rodgers. Pretty tough math for a donkey fan.

    Shawn Merriman > Von Miller

    Lights out Denver, enjoy the raider version of rebuilding.

  26. “”At least our team doesn’t employ a multiple murderer. BOOM!””

    We don’t employ one either, he was CUT before he was arrested and charged if I remember correctly.

    Your welcome for Welker, watch out for the curse…

  27. Everyone talks like the Bronco’s do not want the prorated bonus money back. Of course they do. Because of Miller’s actions, for 6 games Denver will not have the services they had paid for with both the bonus money and his salary. They have every right to expect the money to be returned.

    I love his denial of having not failed a drug test. The guy who gets pulled over for speeding at 3AM and declines to take a “drunk” test also does not fail a sobriety test, but he is deemed guilty by the courts.

    Hey Denver fans, stop defending him.

  28. With Elvis gone and Von suspended everyone acts like Denver’s defense will be playing with 9 players. Sure Miller will be missed but this is still a talented defense and they will be playing with 11 on the field. Time will tell but this defense is not going to be as bad as everyone thinks.

  29. How much revenue would the team lose by going on the road for a play-off game versus hosting a home game? No way in hell they should find a way to get him his money back.

  30. randyschwimmer7 says:
    Aug 21, 2013 12:00 PM
    I love all of these UNINFORMED fans. He did not CHEAT anything. He smoked some weed. I guarantee 95% of you on this board have smoked weed in your life. He did not get busted for Performance Enhancing Drugs. What part of all of this have you missed to keep calling him a cheater? Sounds to me that more and more people are suffering from massive amounts of ignorance.
    ———————
    Apparently, the part YOU missed was about him “spilling” his first sample and providing a bogus sample the second time. Do you really believe he wasn’t trying to hide/cover up something? Talk about ignorance…

    ————–

    Yeah…he was trying to cover up the weed he smoked. That was hard to figure out.

  31. patriotinvasion says: Aug 21, 2013 11:14 AM

    There’s no question the Broncos have been CHEATING since the late 90′s when they CHEATED the salary cap to win those 2 Super Bowls**

    Filthy dirty CHEATERS!

    It takes one to know one ***

  32. “”At least our team doesn’t employ a multiple murderer. BOOM!””

    We don’t employ one either, he was CUT before he was arrested and charged if I remember correctly.

    Your welcome for Welker, watch out for the curse…

    Yes you did! The murder occurred while he was still a member of the New England Patriots. The fact that the team didn’t find out about the murder until later does not change the fact that he collected a paycheck after committing murder and if the rumors are true that is not the first murder that he has been involved in!

  33. as a raiders fan, i still think broncos are a lock for the division. i can’t remember the last time i’ve seen sd, oak and kc look so abysmal at the same time…

  34. The curious thing is that he did not fail the second test, he spilled the one at the beginning of practice and after practice he submitted a diluted sample after drinking a lot of water. There are several tests out there that could have determined the presence of pot even in the diluted sample but the NFL is lazy. There is one of the top MD Toxicologists here in Denver who can confirm that test except it is easier to have an example rather than the truth.

  35. The Broncos are saying all the right things? The guys takes the money, he knows the rules, and then he claims he can’t pee straight in a cup?

    What are they going to say? It’s not like the front office has the moral high ground. In this case, cheating (if it is) is not the problem. The problem is he got caught. Cheating is OK if you are on the field and helping them win. You’re a hero than. The dude clearly has issues, whether it’s PED’s or not. I can’t wait for the home town cheers in his first home game back on the field.

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