NFL

Former NFL Players Accused of Defrauding the League

Several retired NFL greats have been indicted by a grand jury for conspiracy, wire fraud and health care fraud related to stealing money from the NFL’s healthcare plan. Pretty serious stuff as they face penalties of up to 20 years in prison. As former Redskins fans, one name jumped out at us immediately: Clinton Portis, a retired Redskin running back. We know our readers are familiar with many of the others accused which include Robert McCune (Ravens), Carlos Rogers (Raiders), and Correll Buckhalter (Eagles). See full list below.

So, what’d they allegedly do? 

According to the Department of  Justice, the former players submitted fake claims to the health insurer for medical equipment. The players would submit claims having never purchased anything or with the intent to purchase anything and then they’d simply pocket the cash. The claims weren’t for ace bandages and crutches either but rather for expensive medical devices with claims averaging $40,000-$50,000. The claims included such things as hyperbaric oxygen chambers, ultrasound machines (designed for use in a doctor’s office and  to be used on female patients) and electromagnetic therapy devices not meant for humans (that’s not so smart).

How much money we talking?

According  to prosecutors, the scheme lasted from June 2017 to December 2018 during which more than $3.9 million in false and fraudulent claims were submitted. The plan paid out more than $3.4 million. Quite the benefit rich plan! We’re barely able to get 20% of our valid claims reimbursed.

How’d they get caught?

Often with conspiracy it’s the very nature of the crime–the fact that more than one person is involved–that tips law enforcement off: people talk. As a Proof grandmother once said, “between you and your pillow there are no secrets.” Think about that. But here, it wasn’t loose lips but rather Cigna, the health insurer, who called it to the attention of law enforcement. Apparently the claims raised some red flags for them and they referred it to investigators.  (Thinking that horse electromagnetic machine might have been the first clue…)

More Names to Come

Though currently ten players have been charged, the Department of Justice has announced that others will be charged as well. To date here is who we know about, in addition to the four names noted above: John Eubanks (Redskins); Joe Horn (Saints), Reche Caldwell (Chargers/Patriots), Tamarick Vanover, (Kansas City Chiefs), Ceandris “C.C.” Brown (Texans), James Butler (Giants/Rams), Etric Pruitt (Falcons/Seahawks), and Fredrick Bennett (Texans).

NFL Enterprises Slammed with a Lawsuit: Here’s What You Need to Know

The details of this case rival even that of Harvey Weinstein…and that’s saying something.

With the near daily allegations levied against men in Hollywood and Washington D.C., TIME magazine naming the Silence Breakers their person of the year for 2017, and the #MeToo movement at its height, we’ve seen some of the most powerful men in America meet their demise.  The story now extends to the NFL, with explosive claims detailed in an amended complaint filed against NFL Enterprises.

On December 11th, 2017, several high-profile figures in the world of sports broadcasting were implicated by former wardrobe stylist for the NFL Network, Jami Cantor. Cantor filed an amended complaint in Los Angeles Superior Court naming producers and on-air talent for subjecting her to unlawful discrimination, sexual harassment, wrongful termination, retaliation, defamation, and several other claims.

Oddo
Her original complaint was filed back in October 2017 and though it included the same counts it did not name any names nor describe the allegations in detail. This time around, Cantor is not holding back. And, the details are shocking, even in this post-Weinstein era. Highly regarded New York trial lawyer, David Oddo speaks to the lengthy complaint. “To preserve a client’s rights and provide for the best chance of recovery, plaintiff lawyers must plead all available causes of action and seek all available types of damages.” Whether buoyed by all the other victims who have recently spoken out against their abusers or due to a legal strategic decision, the choice by Cantor’s team to amend the complaint and support her counts in more detail is a wise one.

Note also, along with NFL Enterprises, Cantor names as a defendant her supervisor there, Jessica Lee (the woman who fired her in 2016), and Does 1-50. The naming of Does (as in John Doe) is a common practice and is done because at the time of filing the names, capacities, or facts showing the person(s) to be liable is not then known but there is a belief that he/she is responsible in some manner for allegations made in the complaint.
Though not named as actual defendants, Cantor does “name names” in the counts in the amended complaint. Current president of the Bill Simmons Media Group Eric Weinberger (former executive producer at NFL network) and current and former on-air analysts Heath Evans, Ike Taylor, Warren Sapp, Donovan McNabb, and Marshall Faulk all are called out for their unlawful behavior.

The detailed counts paint a picture of a workplace that is not only sexist and abusive but downright scary. Cantor accuses Weinberger of attempting to sexually assault her on at least one occasion and of sending her sexually explicit photos. And it doesn’t stop there. In a particularly harrowing portion of the complaint, Cantor alleges that Weinberger told her that she “was put on Earth to pleasure [him],” and that he once pressed his crotch against her shoulder while asking her to touch it. Seething yet? We are.

As for Evans, McNabb, Taylor, Sapp, and Faulk, Cantor alleges that they acted inappropriately towards her in the workplace and sexually harassed and assaulted her on several different occasions. Reading the details of the multiple men harassing and assaulting her, one wonders how Cantor was ever able get up and go to work each day, and make it through the day.
Allegations against Faulk indicate that he would ask Cantor invasive questions about her sex life in addition to groping her breasts and butt. The lawsuit says that these physical advances were his way of (wait for it)…greeting Cantor. Pretty sure Faulk wasn’t raised that way and taught that’s how one greets someone–male or female.

With time the physical aggressiveness that Faulk showed Cantor in his “morning greetings” turned into him inviting her to his hotel room where he would expose himself and masturbate in front of her. The lawsuit also describes an incident where Faulk pins Cantor against a wall and demands oral sex from her.

Moving on to Heath Evans. According to the court document, the former fullback who played for the Seahawks, the Dolphins, the Patriots and the Saints propositioned Cantor for sex on multiple occasions, sent her lewd texts and photos, and even told her that he “needed to get in [Cantor] deep and hard.” Sadly, that’s not the worst thing that Cantor heard in her time with  NFL.

As a stylist, Cantor would have to spend time with the men in fittings and help them with their clothes. Eric Davis, a former NFL player who played for several teams, took advantage of this time by using it to make sexually explicit comments to Cantor directly while grabbing, pushing and rubbing his body against her. She claims that in one instance things got quite physical: Davis grabbed her from behind while she was on a ladder and slide his hand in between her legs. Warren Sapp, Donovan McNabb, and Ike Taylor, also former players,  are all accused of sending sexually explicit photos and messages. With allegations ranging from Warren Sapp sending Cantor sex toys as Christmas gifts to McNabb sending videos of himself masturbating.

Since the allegations have surfaced, the NFL Enterprises has suspended Marshall Faulk, Ike Taylor, Eric Davis, Donovan McNabb, and Heath Evans as they investigate the claims. Bill Simmons Media Group has confirmed that Weinberger has been placed on indefinite suspension. The Network fired Sapp in 2015 after he was arrested for assault and soliciting prostitution.

Perhaps the worst part of this entire situation is that Marc Watts, the NFL Network’s talent coordinator, reportedly heard Cantor’s complaints but did nothing to resolve them. In fact, according to the lawsuit, he called it “part of the job.” Well, Mr. Watts, being sexually harassed by multiple men is not only disgusting and appalling, it’s against the law. Shame on you for failing to protect Cantor when you could have.

We eagerly await NFL Enterprises response to this amended complaint. And, if you haven’t yet had enough and want to read the whole thing, click here.

Jami Cantor, we add you to the list of victims we stand beside and applaud your strength in speak outing.  All of us, male and female, will benefit from your courage and your determination to hold these men and NFL network responsible.

Ezekiel Elliot’s NFL Suspension Stands

Dallas Cowboys running back Ezekiel Elliott suited up for the September 10, 2017 against the New York Giants, despite a six-game suspension issued by the NFL against him in August.

The NFL suspended the 22-year-old player after he was accused of domestic violence by an ex-girlfriend.  But a federal judge issued an injunction on September 8, stopping the punishment from going into effect for now. Now, however, a federal appeals court has overturned that decision and the six-game suspension has been reinstated and is effective immediately.

Elliott’s troubles began in February of 2016, when the ex-girlfriend first called police alleging domestic violence at Elliott’s hands. She and Elliott were in Florida at the time, and she said the football player pushed her against a wall and threw all of her belongings off a balcony. Elliott denied this and said his ex had grabbed his waist and he pushed her away. Hmmm.

The next time police got involved with the couple was in July 2016 in Columbus, Ohio, when over a series of five days, the alleged victim claimed Elliott choked her, dragged her out of bed and threw her against a wall. She posted an image of bruises on Instagram, but it later became unclear whether the bruises came from Elliott or from a bar fight that witnesses said she’d been involved in.

Throughout the process, Elliott has denied the abuse and maintained his innocence.

Ultimately, Columbus police did not believe they had the evidence to pursue charges against Elliott and dropped the case. However, Columbus prosecutor Robert Tobias definitely thinks where there is smoke there is fire. He went on record saying, “I personally believe that there were a series of interactions between Mr. Elliott and (his accuser) where violence occurred. However, given the totality of the circumstances, I could not firmly conclude exactly what happened. Saying something happened versus having sufficient evidence to criminally charge someone are two completely different things.”

Meanwhile, the NFL pursued its own investigation, after putting a strict personal conduct policy regarding domestic violence in place in 2014. And according to that policy, just because law enforcement doesn’t pursue charges doesn’t mean players accused of domestic violence are in the clear. The policy states, “It is not enough simply to avoid being found guilty of a crime. We are all held to a higher standard and must conduct ourselves in a way that is responsible, promotes the values of the NFL, and is lawful.”

After reviewing the evidence, on August 11, 2017 the NFL determined that Elliott should be suspended for six games and that’s when the legal maneuverings really began in earnest.

Those who remember “Deflategate” will note that a similar situation–as it relates to a federal judge’s involvement in an NFL decision and NOT domestic violence occurred when Patriots QB Tom Brady was suspended for four games in May 2015, but appealed in the court system. The case worked its way through the justice system and while the suspension was eventually upheld the decision came too late to apply to the 2015 season. Brady ultimately accepted the decision for the 2016 season.

Does this mean it’s all over for Elliott? Not according to his legal team who, in response to the reinstatement ruling: “We are currently exploring all of our legal options and will make a decision as to what is the best course of action in the next few days. Until that time, we have no further comment on the 5th circuit’s decision.”

It’s important to note that the ruling reinstating the suspension was not based on the merits of the case but rather on procedural grounds. The district court who issued the injunction stopping the suspension did not have subject matter jurisdiction–which means they did not have the legal authority to make such a decision. The reason? Elliott filed his lawsuit prior to the issuance of the final arbitration decision as per the negotiated NFL contract.

 

 

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