Dominique Foxworth

NFL Players Association Facing Potential Federal Probe Into Finances

The dust had barely begun to settle in the wake of Lloyd Howell and J.C. Tretter‘s resignations from the NFL Players Association. New leadership has not even been appointed. Still, controversy continues to toil in the players’ union as ESPN’s Don Van Natta Jr. and Kalyn Kahler report the existence of a federal criminal investigation into the NFLPA’s “potential misuse of funds and self-enrichment by union officials.”

The news comes off of ESPN’s acquisition of a confidential document “marked ‘privileged’ and emblazoned with the union logo on each page.” The document was provided to several other sources and players and contains a memo drafted by a senior union attorney, titled “Crisis Management,” that outlines the scope of the investigation. The memo was provided to the NFLPA’s executive committee and player representatives earlier this week.

“Immediate threats” identified by the memo indicate how “potential action by the National Labor Relations Board over ‘unfair labor practices’ and a ‘lapse of fiduciary duty oversight practices during (the) Howell tenure'” could result in the union paying “direct or foreseeable pecuniary harms.” The document doesn’t identify which specific individuals are under criminal investigation, but Tretter denied being under investigation, while Howell did not respond to attempts by ESPN to reach him.

The document’s main point is summarized in this quote:

(The) government is watching (the NFLPA’s) response (and) could quickly ramp up and expand (the) scope of (the) existing (Department of Justice) criminal investigation. (The NFLPA’s) Board (and) Officers need to show (the) government (and) fellow union members that they are acting immediately to find out (the) depth of problems at (the) union (and) related entities.

Essentially, the document claims that eyes will be closely watching how the NFLPA settles on Howell’s successor. Howell’s appointment in the first place was the result of a 16-month process in determining DeMaurice Smith‘s successor, just for the former to resign disgraced by becoming “a distraction” because of his strip club charges to the union for over $3K and rumors of conflicts of interest and a culture of secrecy best represented by Howell’s confidential agreement with the NFL to keep the details of the arbitrator’s collusion ruling from the NFLPA’s executive committee and player representatives.

Howell has since resigned from his consulting role with the Carlyle Group, per Van Natta, and OneTeam Partners, a $2BB group-licensing firm co-founded by the NFL and MLB’s Players Associations on which Howell held a board seat, is under FBI investigation for its financial dealings.

NFLPA president Jalen Reeves-Maybin released a statement announcing the Association’s intention to hold a vote for an interim executive director earlier this week. Tretter was considered a frontrunner, along with NFLPA chief player officer Don Davis, before Tretter’s sudden resignation. Since then, several other names have been rumored as candidates.

Mike Florio of NBC Sports reported rumors of NFL Players, Inc. president Matt Curtin and NFLPA associate general counsel Chris Fawal being options. The document names Davis, NFLPA senior director of player affairs Lester Archambeau, NFLPA chief operating officer Teri Smith, former NFLPA president Dominique Foxworth, and Foxworth’s successor, former NFLPA president Eric Winston, as candidates, as well, in what it calls the union’s “triage plan.” Foxworth was also considered for the job during the 16-month process that led to Howell. ESPN even adds that multiple sources have identified Smith as the potential interim successor of his successor.

It’s believed that the 32 teams’ player representatives could choose an interim executive director as soon as this weekend. The document asserts that the interim director will serve as the “Triage Manager” and shouldn’t be required to abstain from running for the permanent job whenever that election occurs.

The document ultimately makes several other opinionated claims like the possibility that players may sue the union for the January collusion decision situation or that there should be improved oversight of an investment advisor for the NFLPA’s discretionary funds. In the end, it maintains its main assertion that the NFLPA must take “prudent and definitive actions” to fill the “leadership vacuum” in order to avoid federally ordered, court-supervised oversight of the union as a result of a federal criminal investigation.

NFL Staff Notes: McDonough, NFLPA, Chiefs, Packers, Gruden, Philbin

It’s been nearly two months since former Cardinals executive Terry McDonough first filed an arbitration claim against team owner Michael Bidwill accusing Bidwill of cheating and gross misconduct. The claim specifically levied accusations of breach of contract, retaliation after engaging in protected activity, intentional infliction of emotional distress, defamation, and civil conspiracy. The Cardinals’ public relations consultant, Jim McCarthy, released a statement in return containing several personal attacks on McDonough.

The original complaint stemmed from a situation in which McDonough claims Bidwill had devised a plan for McDonough and then-head coach Steve Wilks to communicate with then-suspended general manager Steve Keim through burner phones. McDonough asserts that after voicing his concerns about the plan, he was written up for insubordination and, eventually, demoted.

McDonough has reportedly added more accusations in an amended arbitration complaint this week, accusing Bidwill and the Cardinals of defamation and invasion of privacy in response to McCarthy’s statement, according to ESPN’s Tisha Thompson. He called the statement “untrue and reprehensible,” and his wife, Lynette, called the statement “the most bizarre and dishonest thing that I have ever heard.” The new complaint also states that McDonough will prepare to pursue a civil complaint against McCarthy and his group, CounterPoint Strategies, for “grossly defamatory statements.”

The NFL recently selected Jeffrey Mishkin to arbitrate the employment dispute, according to another report from Thompson. Mishkin is the former chief legal officer for the NBA, leading the Association’s in-house legal department for seven years. He will determine the schedule of events, which are expected to last for several months.

Here are a few other rumors concerning staff positions in the NFL:

  • Earlier this month, Mike Florio of NBC Sports reported that the league’s Players Association was moving closer to selecting a new executive director. The final candidates are not yet known, but we’re not completely in the dark. Previously this year, The Athletic’s Daniel Kaplan identified candidates Matt Schaub, the former quarterback, Kellen Winslow Sr., the former tight end, Teri Patterson Smith, the NFLPA chief operating officer, Don Davis, the NFLPA senior director of player affairs, George Atallah, the NFLPA assistant director of external affairs, and Dominique Foxworth, the former NFLPA president. A couple weeks ago, Jim Trotter, also of The Athletic, reported that no internal candidates made the cut, eliminating Smith, Davis, and Atallah. Foxworth is also expected to no longer be in consideration. Former wide receiver and former member of Congress Anthony Gonzalez has been mentioned but not confirmed as a candidate. The NFLPA is proceeding with the process with the utmost confidentiality and plan to bring it to a close sooner rather than later.
  • After previously participating in the Chiefs‘ Norma Hunt Training Camp Fellowship Program last year, Madison Aponte was hired on as a player personnel assistant. According to Neil Stratton of SucceedinFootball.com, while Aponte’s title hasn’t changed, she will continue acting as the team’s college scouting coordinator, a role she’s held since the start of the 2022 season.
  • Stratton reports another addition, this time by the Packers. According to Stratton, Green Bay has hired Joey Laine in the role of salary cap analyst. Laine was a longtime presence in the Saints’ building after working with the team for more than ten years. He eventually left, following Ryan Pace to Chicago and working as the Bears’ director of football administration for eight seasons.
  • Finally, two former NFL head coaches have taken minor roles with new teams this season. According to Jeff Duncan of nola.com, the Saints have brought in former Raiders head coach Jon Gruden to assist in the integration of new quarterback Derek Carr in the Saints’ offense. Carr played his best statistical seasons under Gruden during their time together and Saints offensive coordinator Pete Carmichael welcomed Gruden’s assistance with open arms. The second former head coach is former Dolphins’ skipper Joe Philbin who, according to Pete Thamel of ESPN, has been hired as an offensive analyst at Ohio State.