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Subject:
From:
Bruce White <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Tue, 19 Feb 2008 13:08:16 -0600
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On 2/19/08, Chris Browne <[log in to unmask]> wrote:
> My question is this: the Commissioner receives the records from the Patriots
> and realizes that the information contained within constitutes a violation of NFL
> rules; we know this because he levied a fairly stiff penalty upon Coach Belichick
> and the Patriots; now, given the gross amount of money exchanging hands
> between owners, players, sports books, gamblers, et al. - especially at the
> championship level - I would argue that a long-standing and documented effort to
> break rules and gain an unfair advantage on the part of a franchise with multiple
> championships would be reason to anticipate lawsuits, and as such the tapes
> and notes - undeniably substantial evidence - should have been retained at that
> point. While you are right - no lawsuits were 'pending', I think it could be
> effectively argued that litigation should have been reasonably anticipated. Is it a
> stretch to say that the Commissioners Office is guilty of spoliation for destroying
> the tapes and notes? Also, with the antitrust exemption, should the
> Commissioner have expected a federal investigation?
Boy, you sound like a grieving Eagles fan, just like the Senator.  I'm
no lawyer (and have never claimed to be one), but I could say you are
reaching as are some of the talking heads.

Any large organization (especially one in the public light) should
expect to be involved in law suit; that's just the reality of our
times.  Does that mean they must retain everything permanent?  Does
your company (I assume you work for Micron based on your e-mail
address) keep everything permanent just in case a potential lawsuit -
I doubt it.

The last thing the Commissioner or team owners want is for anyone to
question whether the league is fixed, which it sounds like you (and
other conspiracy buffs) claim.  As you say, there is lots of cash
involved; the last thing the league wants is bad press.  Besides, it
was Goodall and crew that

> As you may know, the Patriots have indeed now been named in at least two
> different law suits, one by New York Jets loyalist Carl Mayer for $184 million
> dollars and another by former St. Louis Rams player Willie Gary.  I'm quite
> certain many more are to come. I'm intensely curious to see these suits unfold,
> and to see how the destruction of evidence by the Commissioner's Office plays
> out in court, if at all.
Should be interesting, to say the least.  As you note, the law suits
were filed against the Patriots, not the NFL.


> Anxious to hear your thoughts.
>
> Chris
>
> "The real art of conversation is not only to say the right thing at the
> right time, but to leave unsaid the wrong thing at the tempting time."
>
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>


-- 
Bruce L. White, CRM, PMP
Houston, TX
e-mail: [log in to unmask]

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