Commissioner Adam Silver said investigators will carry the burden of proof in the NBA’s probe of potential salary cap circumvention by the Clippers, writes Tim Bontemps of ESPN.
Speaking to reporters Wednesday at his annual news conference following the conclusion of the Board of Governors meeting, Silver said the league needs to focus on “the totality of the evidence” rather than the “mere appearance” of impropriety.
“The burden is on the league if we’re going to discipline a team, an owner, a player or any constituent members of the league,” Silver told reporters. “I think as with any process that requires a fundamental sense of fairness, the burden should be on the party that is, in essence, bringing those charges.”
The NBA hired a law firm this week to handle the investigation of whether owner Steve Ballmer and the team violated league rules through Kawhi Leonard‘s $28MM “no-show job” with Aspiration. Ballmer was an investor in the green banking company, which has since gone bankrupt.
Sources told Bontemps that Wachtell, Lipton, Rosen & Katz plans to conduct a thorough investigation, and no firm deadline has been set to reach a conclusion.
Silver added that he’s “a big believer in due process and fairness,” and said other NBA owners feel the same way about the case.
“At least what’s being said to me is a reservation of judgment,” Silver said. “I think people recognize that that’s what you have a league office for. That’s what you have a commissioner for — someone who is independent of the teams. On one hand, of course, I work collectively for the 30 governors, but I have an independent obligation to be the steward of the brand and the integrity of this league. … To the extent we have had discussions (with the board of governors) — they’ve been limited — we communicated to them that we engaged Wachtell to do this investigation. And maybe I cut off any further conversations and said, ‘Let’s all withhold judgment, let’s do this investigation and then we will come back to you in terms of our findings.’”
Silver addressed a few other topics in today’s news conference:
- He confirmed the new All-Star Game format, which will feature two teams of American-born players and one international team in a round-robin competition. Silver expressed hope that the new approach will help to motivate the players. “I think in the case of the NBA, this is what I’m trying to convey, particularly to younger players, is that All-Star is a big deal,” he said. “There’s been great traditions out there. People have great memories of these All-Star Games. It’s part of the fabric of this league, the excitement that comes from it and the engagement from our players.”
- Discussions are continuing on a potential new NBA-run European league, and Silver said he and deputy commissioner Mark Tatum traveled this summer to Europe, where they met with stakeholders. Silver also denied speculation that the venture in Europe will replace NBA expansion efforts. He called them “completely different entities” and said expansion was discussed at the board meeting, although there’s nothing new to report. “Part of the difficulty in potentially assessing it is a sense of long-term value of the league, and a little bit maybe it’s a high-class problem, but as with some of the recent jumps in franchise valuations, that sort of creates some confusion in the marketplace about how you might even price an expansion franchise,” Silver said. “I’ll only say it’s something that we continue to actively look at.”
- Silver refused to say if there are any limitations on Malik Beasley‘s availability while the league investigates his role in a gambling scandal. “I’ll only say there that the investigation is ongoing,” Silver said. “As I understand it, there’s still a federal investigation that’s ongoing of Malik Beasley as well. We will address whatever is presented to us in his case.”
