Why weren’t the Dolphins’ tampering penalties more significant?

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On Tuesday, the NFL announced that the Dolphins had been engaged in a blatant, multi-year tampering effort that targeted a Super Bowl-winning coach and the greatest player of all time, and that victimized three different NFL franchises (Patriots, Buccaneers, Saints). The punishment doesn’t seem to come close to fitting the crime.

“The investigators found tampering violations of unprecedented scope and severity,” Commissioner Roger Goodell said in announcing the discipline. “I know of no prior instance of a team violating the prohibition on tampering with both a head coach and star player, to the potential detriment of multiple other clubs, over a period of several years. Similarly, I know of no prior instance in which ownership was so directly involved in the violations.”

So why did the Dolphins lose only a first-round pick and a third-round pick for it? Sure, owner Stephen Ross is required to stay in New York (where he spends most of his time anyway) through October 23 and pay $1.5 million. Yes, co-owner Bruce Beal also was fined $500,000 and can’t attend league meetings through the end of the year (big deal). For what they actually did, and given the slim chance that they were going to even be caught, it arguably was worth it.

The extent of the prohibited conversations shows just how nonchalantly tampering happens. They talked to Brady in 2019 and 2020, when he was under contract with the Patriots. They talked to Brady and his agent, Don Yee, during and after the 2021 season, while Brady was playing for the Buccaneers. They talked to Yee, who also represents Sean Payton, about hiring Payton before he resigned from the Saints.

(Here’s something to ponder: Would Payton have resigned from the Saints if he didn’t think he would be coaching the Dolphins in 2022?)

It’s unclear how the league set the penalties. Maybe the truth is that it’s unprecedented only insofar as the Dolphins were caught, thanks to the concerns raised by former Dolphins coach Brian Flores and a tanking investigation that found plenty of evidence of attempted tanking but that (thanks to Flores) never became actual tanking.

Other tampering has occurred. As explained in Playmakers, the Cowboys had put everything in place to hire Payton from the Saints in early 2019. That surely didn’t start with the Cowboys following the approved steps of the tampering policy (i.e., calling the Saints, reaching agreement on compensation, and then raising it with Payton). The Cowboys knew Payton was interested, they knew what it would take to get him, and they were ready to surrender the coach in the hand and activate the formal effort to land the Payton in the bush.

Also, the Dolphins weren’t the only Florida team to tamper with Brady. Former Bucs coach Bruce Arians publicly stated his interest in Brady and then-Chargers quarterback Philip Rivers before free agency began in 2020. It was a textbook violation that, like the vast majority of tampering violations, was ignored. Then, after signing Brady, the Bucs pushed to the media a hokey, concocted chain of events that covered their tampering tracks.

Look at it this way. If the Dolphins took advantage of an unauthorized head start in talking to Brady and didn’t get him, surely the team that got him didn’t wait until the start of free agency to speak to him for the first time.

So that’s the best explanation; the Dolphins aren’t alone in tampering. Most if not all teams do it, in some form or another. But, in this case, it gave the league office a way to whack the Dolphins for something, because finding that Ross attempted to lose games generally could have sparked a class action civil lawsuit and/or a criminal investigation as to whether the Dolphins attempted to lose specific games.

Again, Flores saved the day, by refusing to act on the hints his multi-billionaire boss was dropping. The reward Flores got for doing so was to get dropped by an owner who prefers to have coaches who will do what the owner wants, without having to expressly be ordered to do so.

76 responses to “Why weren’t the Dolphins’ tampering penalties more significant?

  1. Why hasn’t Brady been punished? He was at the heart of tampering with 2 teams for 2 years.

  2. The Dolphins tampered to get Don Shula and the Heat tampered to get Pay Riley, so I guess they figured it worked out before why no give it a shot.

  3. If the league had convincing enough proof of tampering to punish Ross, and Beal and the Dolphins, why was there no penalty for the others involved in the exact same tampering – Brady Payton & their agent Yee?

  4. Stephen Ross and his sidekick Beal should be forced to sell the team, they are a complete embarrassment to the NFL and fellow owners.
    The Dolphins franchise has been a complete disaster under this ownership group and its not going to get better with Ross in his 80s.
    In addition I would bet anything Ross demanded Tua be selected over Herbert.

  5. So the NFLPA allows their players to engage in recruitment discussions such as Carr and Davante Adams over the years as admitted, but other members of a club cannot do the same?

    Why does it seem like the NFLPA doesnt have to hold to the same standards as the league? They should.

  6. All of these arbitrary punishment by Goodell are coming back to bite him and the league. I never could understand his definition of integrity of the game. 4 games for not not turning over your cell phone for deflated footballs warrants more punishment or at least the same punishment than rape or sexual assault- see Big Ben, Ray Rice, Zeke, Watson. I really think it must be true-owners get off easy- fine. Just be consistent. 1.5 million to a billionaire is nothing. Fewer draft picks surrendered than deflated footballs.

  7. Because the league doesn’t punish their owners. For the people correlating Calvin Ridley to Deshaun Watson, this is the better apples/apples comparison. Both are against the integrity of the game, and Ridley got a year. Ross got barely anything.

  8. In terms of punishment, the dolphins should be forever prohibited from signing ean payton and tom brady in any capacity.

  9. To be fair to the Dolphins, this is the biggest draft pick punishment in NFL history, since only the Patriots had lost a 1st round pick before (twice) and this is a first and third, beating NE’s 1st and 4th for deflategate. But to be fair to the Patriots, their punishments were for much more vague, “more probable than not” instances, whereas this is a blatant, fully spelled out violation directly harming multiple teams over multiple years and even though it didn’t succeed, it deserves harsh punishment, since those overtures from MIA and other teams while under contract probably helped push Brady even more to leave, pushed Payton to retire so that he could go to the Dolphins… It feels like the NFL deliberately barely one upped the deflategate punishment, and left it at that, dumping the story right after the Deshaun Watson decision so that they can overshadow each other.

  10. For those of you saying why isn’t brady being punished too. No brady fan here but respect what he has done but isn’t that why players hire agents. So seems like the agents involved should get hit with punishment. I would think not sure but wouldn’t the agent be liable since they are hired to negotiate any and all contracts

  11. smarterthanmost says:

    Why did Watson get ANY games?
    ———————
    Guess you didnt read the report from the lady who got bodily fluids applied to her without consent.

  12. The Dolphins should have been penalized more harsh. We are talking the integrity of the game! Sean Payton was suspended 1 year for Bountygate. They only lost 2 second round picks though. The Patriots lost first and fourth round picks for Deflategate. Brady was suspended for 4 games. For allegedly tanking for which they would receive a high first round pick, they should be penalized at least 2 first rounders, plus suspend Ross for at least 1 year.

  13. “Arians publicly stated his interest in Brady and then-Chargers quarterback Philip Rivers” Oh, the HORROR! Tampering is when an owner or GM contacts a player while under contract with a different team. A coach daydreaming is tampering!?! Ahahahaha!!

  14. As I’ve stated many times, teams constantly cheat with actual proof and it being real, and nothing happens.

    Goodell either ignores the AFC team cheating or barely punishes
    it.

    The Bucs should be docked a pick for cheating my team. Arians is a loser.

    The thing is, people know Goodell will do nothing if it cheats the Pats, because dynasties hurt overall ROI on the NFL product. All kinds of money was left on the table during the last cba due to NEs 2nd dynasty.

    This happened because Flores spoke up. If Flores hadn’t gone public, the known cheating of the Pats (Jets did it twice to NE, barely punished once for 100k), by Miami, wouldn’t have been exposed and Goodell would have ignored it.

  15. The first round pick from Miami should go to the Saints and the third round pick to the Patriots.

    Highly unlikely Sean Payton quits if Miami had not tampered. They probably offered a king’s ransom.

  16. It’s classic Donald Trump attitude. It’s not illegal if you don’t get caught. If you do get caught they won’t do anything anyway.

  17. Losing a first and third round pick is pretty big for not getting anything out of tampering. If anything, Brady and Sean Payton can’t have anything to do with this franchise from here on out.

  18. For everyone wanting to know why Brady wasn’t punished he can’t sign himself to a deal with the Dolphins, should there be rules against taking to players, probably but are they going to mic players up for every conversation post game and then listen to see what the coaches say to players? Only one side can offer a contract…

  19. I love how the fans of teams that Brady beat have nothing but to call him a cheater. Maybeif you had a better team…..

    ROFLOL

  20. MortimerInMiami says:
    August 2, 2022 at 6:14 pm
    Stephen Ross and his sidekick Beal should be forced to sell the team, they are a complete embarrassment to the NFL and fellow owners.
    The Dolphins franchise has been a complete disaster under this ownership group and its not going to get better with Ross in his 80s.
    In addition I would bet anything Ross demanded Tua be selected over Herbert.

    Xxxxxxxxxxx Xxxxxxxxxxx Xxxxxxxxxxx

    The last sentence gave away your ultimate grievance. Petty and small.

    As for the rest, the guy has paid for whole brand new things out of his own pocket. He has had no issues spending on FAs, ever.

    We as fans understood what the deal was once Tunsil was sent to Houston. So the Flores charge was always nonsense. And I’m personally glad he’s gone from Miami.

    Embarrassment? I would point to Cleveland, that clown show has it in spades.

  21. Watson and Ross get off easy. NFL adopts the flawed cashless bail system when addressing penalties.

  22. greenbaydean says:
    August 2, 2022 at 6:07 pm
    Why hasn’t Brady been punished? He was at the heart of tampering with 2 teams for 2 years.

    Um because the rule is you can`t talk to players or coaches that are under contract not the other way around. There is no rule about players or coaches talking to other owners in the CBA because the union would simply tell them “If you don`t want tampering, keep your owners in check” so Brady & Payton didn`t break any rules.

  23. “…players… engage in recruitment discussions such as Carr and Davante Adams over the years as admitted, but other members of a club cannot do the same?
    ******************
    Coaches and owners have the same incentive; its human nature and fueled by competition. There are smart, indirect ways to do it [Brady to the Bucs]; then there are stupid, direct ways to attempt it…

  24. It’s really a dumb rule to start with. Make it sound worse than it is by calling it something real bad. Tampering. Big deal. Tampering smampering. Everybody does this stuff. It’s called talking about the future and what we can do to be better. If owners and coaches can’t do it then players should be equally liable. But nobody should be punished for this bs. But here we have someone with this axe to grind. Flores. Who tries to hide his racism but it there. So, something must be done. And if Godell doesn’t do something he knows he could be next. I mean this talking to a player and a retired coach is serious stuff. Way more serious than anything Deshaun Watson did to 22 different women right?

  25. lionsnati0n says:
    August 2, 2022 at 6:43 pm
    Losing a first and third round pick is pretty big for not getting anything out of tampering. If anything, Brady and Sean Payton can’t have anything to do with this franchise from here on out.
    …………

    We have two first rounds…..

  26. What I learned from this article. Everyone cheats but the pats. Everyone tries to cheat the pats. Everything revolves around the pats.

  27. jimmysee says:

    It’s classic Donald Trump attitude. It’s not illegal if you don’t get caught. If you do get caught they won’t do anything anyway.
    ————————
    Not sure what Trump isnt being looked into about? The Biden connection to their ventures in the Ukraine has been pretty quiet in the media. If you will allow politics into this convo.

  28. Tampering rules are so silly. With phones the way they are these days it’s naive to think that all the players, all the agents don’t talk to each other about what’s goin on. I think ‘tampering’ is outdated

  29. The punishment isn’t more severe because I think what fans are failing to realize is this is a lot more common than you think. Only problem is they got caught. Also nothing actually came to fruition. Brady is still with the Bucs and Payton is retired as of now. Pretty funny to see so many Pats fans on here screaming of this isn’t punishment enough when BB has completely embraced the NASCAR philosophy of “if you ain’t cheatin’, you ain’t tryin”.

  30. I am one of the rare ones that thinks that tampering should be legal. None of the 32 teams follow the tampering rules anyway. That said Don Yee and the Dolphins should be the parties at fault here. The punishment was fair this time unlike with Deshaun Watson.

  31. 50Stars says:
    August 2, 2022 at 6:33 pm
    smarterthanmost says:

    Why did Watson get ANY games?
    ———————
    Guess you didnt read the report from the lady who got bodily fluids applied to her without consent.

    ________

    Were they in the chargers brought against Watson?

  32. Trying to connect Hunter Bidens foibles to Jie Biden is a joke. Right wing lies and spin

  33. They should have used this to set a precedent on tanking and it’s punishment. The NFL probably did not want to penalize the Fins for tanking. Had they done so the Flores suit may have gotten a little more interesting!

  34. BB has completely embraced the NASCAR philosophy of “if you ain’t cheatin’, you ain’t tryin”.
    —-
    You mean like Brady smashing his cell phone to hide the evidence of his rampant cheating?

    That wasn’t BB.

  35. There is no rule about players or coaches talking to other owners in the CBA because the union would simply tell them “If you don`t want tampering, keep your owners in check” so Brady & Payton didn`t break any rules.
    ——
    Except when you are negotiating to take an ownership or executive role to really become QB which was the plan all along. That is 100% against the rules.

  36. Were they in the chargers brought against Watson?

    —————————————
    Have you never heard of people being found not guilty,or even not being charged, yet loose civil suits (example: wrongful death suits)? Different burden of proof. It doesn’t mean that it didn’t happen.

  37. Personnel under contract know they cannot talk to other teams. There should be punishment for agents, players, GMs, and coaches who do not immediately report to the League attempts at tampering by teams, either directly or through agents. In other words, no penalty for communication, just a penalty for not telling the NFL about it, and make that penalty far worse than the one for tampering itself.

  38. If your going to levy a fine against an owner for being suspended, cut out this nickel and dime stuff. An owner who is suspended should forfeit their weekly revenue sharing from the league for however many weeks they are suspended from the team. That will send a message.

  39. patsfantransplant says:
    August 2, 2022 at 6:45 pm
    Answer to this question is simple, It was not the Patriots this time.

    356Rate This

    ——————

    LOL

    It never was.

  40. hhGoodellMustGo says:
    August 2, 2022 at 8:59 pm
    There is no rule about players or coaches talking to other owners in the CBA because the union would simply tell them “If you don`t want tampering, keep your owners in check” so Brady & Payton didn`t break any rules.
    ——
    Except when you are negotiating to take an ownership or executive role to really become QB which was the plan all along. That is 100% against the rules.

    =====
    What rule specifically?
    Tampering is a team violation, not a player one. facts roll on

  41. And yet Don Yee gets to keep playing his agent games? He should be suspended from dealing with any NFL player or coach. He brokered all of this.

  42. Why hasn’t Don Yee been suspended from representing ANY player or coach? The league has the authority to yank his ticket that allows him (or his agency) from representing players or coaches. The guy knows (or darn well should know) the tampering rules and he obviously violated them at least twice, once with Brady and once with Payton. Seems to me that Brady, Payton, and Yee should be punished right there along side Ross and Beal.

  43. As much as we all love football it’s a shame that it has become so corrupt in so many ways.

  44. Why do people keep bringing up that there were no charges brought against Watson? There were zero charges and civil suits brought against Ray Rice. By peoples logic on here that means that Rice should’ve never been suspended or denied the chance to gainful employment in the league right?

  45. “Losing a first and third round pick is pretty big for not getting anything out of tampering. If anything, Brady and Sean Payton can’t have anything to do with this franchise from here on out.”
    …………

    “We have two first rounds…..”

    Had…..

  46. Yeah, Flores was fired in 2019, right? Oh, wait…

    Yet, Ross wanted him gone. But didn’t fire him…for 2 full years?

  47. This is total nonsense. Rather than punish the fans of the Dolphins by hamstringing the franchise, the correct punishment would have been to suspend Ross indefinitely and to recommend that the owners force Ross to sell the team. A punishment this light is only going to encourage other owners to keep doing things like this (I doubt that Ross is the only owner who has done this). If Brian Flores were not suing the league maybe the owners would savage Ross rather than circle the wagons.

  48. As an aside, I for one would really loved to have seen what a S. Payton coached, Tom Brady lead team would have looked like!

  49. If Ross was in contact with Brady when Brady was still quarterback of the Patriots could that have provided incentive for Brady to leave New England?

    It would be like a married man being in contact with a woman and knowing that if he leaves his wife he has a place to go. Options…

  50. If they really want to stop tampering, the NFL would fine the agents all of the money they made from the contract in which they violated the rules. Owners aren’t going to care about million-dollar fines, these guys burn that kind of money and laugh it off. If the agents stop talking to other teams while their guys are under contract, the teams and owners can’t tamper anymore.

  51. The punishment should have been easy to figure out. For tampering with Brady while he was a member of the Patriots, they forfeit their first round draft pick, and NE gets to make that pick in 2023 draft. For tampering with Tom Brady as a member of the Bucs a season later, they should forfeit their first round draft pick, and Tampa Bay gets to make that pick in 2024. For tampering with Sean Payton, the Dolphins should forfeit 3rd round picks in each of the 2023 and 2024 drafts, and the Saints get to make those selections.

  52. “You mean like Brady smashing his cell phone to hide the evidence of his rampant cheating?”

    Would this be the cell phone that Brady and his attorney had already provided all email and text records from?

    The league, under the CBA, has no right to request a player’s cell phone. You’re echoing the story Goodell leaked to make it look like Brady wasn’t cooperating.

    I’m glad that Brady followed the CBA and didn’t give Goodell any more power than he already has.

  53. imagine the @^$# storm if it was the patriots here. the comments would be 1000 pages long

  54. imagine if the nfl put the same amount of effort into investigating synder, whats up with the flores situation?

  55. greenbaydean says:
    August 2, 2022 at 6:07 pm
    Why hasn’t Brady been punished? He was at the heart of tampering with 2 teams for 2 years.

    ———

    Because there is no punishment for players or coaches who are the target of tampering.

  56. patsfan1818 says:
    August 2, 2022 at 8:23 pm
    I am one of the rare ones that thinks that tampering should be legal. None of the 32 teams follow the tampering rules anyway. That said Don Yee and the Dolphins should be the parties at fault here. The punishment was fair this time unlike with Deshaun Watson.

    ————

    Totally agree. It’s actually an anti-player rule. Players should be able to figure out their market value any time they want like every other employee out there.

  57. Now the Saints need to hold out for a King’s ransom when Dallas tries to get Peyton. He’s under contract to NOLA, and Jerry needs to be made to dig deep to get the Saints to release him. I’d say two #1s would do the trick. Maybe three.

  58. Yes, various degrees of tampering happen all the time, but as the press release stated, the level of involvement from Dolphins’ ownership was unprecedented. So why not really make an example of them instead of a wishy-washy penalty? I would have started with a first round pick for each of the three teams that could have been harmed. Also, other parties aren’t exactly innocent of wrongdoing. Perhaps both Brady and Payton should have been banned from the ability to have any future involvement with the Dolphins, and Yee should have had his credentials to negotiate NFL contracts yanked for a season.

  59. To be clear, Payton never engaged in conversations with the Dolphins. Brady did. Payton and Brady also share the same agent – Don Yee. Likely what happened is the the Dolphins spoke to Yee about a package deal, and Brady decided to engage directly, and Yee informed Payton, who essentially said to Yee “I’ll at least listen; keep me posted”. Payton is well aware that both (1) permission from the Saints would be needed to DIRECTLY engage (not through Yee), and (2) compensation to the Saints from the Dolphins would have to be agreed to before he signed any contract with the Dolphins (or any other team, for that matter).

    All that said, imagine that you are good at what you do, and that you are under contract with a company to do it. Meantime, another company approaches you with a proposal to pay you more and provide better working conditions. It’s not agains the law to listen to the second company’s proposal.

    The NFL has its own set of rules, and what should be debated is whether those rules are appropriate

  60. IF Roger and his owner cohorts are going to play softball with Miami they need to play softball with Watson. Double standards for the players and owners will make them look like the corrupt organization they are.

  61. The obvious reason that the fines weren’t higher is because every team in the NFL tampers. Every single team. It’s so bad that a few years ago the NFL gave up and scheduled a legal tampering period before free agency started. Does that mean that teams today aren’t tampering before the legal tampering period? No! Because we all see before that starts that news breaks about players going to teams before that starts.
    The mistake Ross made was getting himself investigated for something else and making the NFL feel like they had to punish for something just to appease those in the Flores camp.
    And what of Flores accusations that Miami fired him over racism or not tanking, his original charge for which he said he had a witness?
    Well not one witness could be found to back it up.
    That means he got himself fired.
    I mean Ross was actively trying to get him Tom Brady to work with to help him win in 2020 so Ross had a plan to keep and win with Flores. He certainly wasn’t trying to get rid of him over color or not tanking.

  62. substanceoverceremony says:
    August 3, 2022 at 7:31 am
    “You mean like Brady smashing his cell phone to hide the evidence of his rampant cheating?”

    Would this be the cell phone that Brady and his attorney had already provided all email and text records from?

    The league, under the CBA, has no right to request a player’s cell phone. You’re echoing the story Goodell leaked to make it look like Brady wasn’t cooperating.
    —-
    Wrong.

    The investigation wanted Team Tom to search his own phone for words that they were looking for. They were never going to take away the phone and copy it. That was not happening. Seems like a totally reasonable request. There was never a chance any personal or private info would be leaked to the league.

    And knowing all that he smashed his cell phone anyway even knowing the investigation wanted it. It’s not rocket science to figure out why he did, and the court even acknowledged that.

  63. greencheese says:
    August 2, 2022 at 6:13 pm
    If the league had convincing enough proof of tampering to punish Ross, and Beal and the Dolphins, why was there no penalty for the others involved in the exact same tampering – Brady Payton & their agent Yee?

    —————————————————

    Because Google and the NFL only persecute people when it benefits them. They never go after their buddies, and they are masters at deflecting issues off of themselves. God forbid they hold themselves accountable for anything. They are the definition of corruption.

  64. Its ridiculous that the tampering rule even exists! It is as if a company could be penalized for talking to a competitor´s worker it wants to hire.

    Unbelievable that the NFL can get away with so many monopolistic practices, and that everybody, starting with the NFLPA, has let them get away with them.

  65. Why weren’t the Dolphins’ tampering penalties more significant? – Mike Florio

    ————————–
    Maybe because Tom Brady is not now or ever a member of the Miami Dolphins. Brady definitely could have signed with Miami, but CHOSE Tampa instead. Miami seems to be really bad at tampering in this case. See above in reference to Sean Payton.

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