I have it from a confidential source that NFL Player Agent Tom Condon (pictured at left), formerly of IMG and now with Creative Artists Agency, may have violated key rules established by the National Football League Players Association (NFLPA) in an effort to draw USC Quarterback Matt Leinart away from Sports Agent Leigh Steinberg (photo below left).
NFLPA regulations on the conduct of agents -- referred to as contract advisors -- are strict. The areas of NFLPA regulations that apply to what I wil call "The Leinart Case" are:
From The NFLPA Website:
Section 3 (B) B. Prohibited Conduct
Contract Advisors are prohibited from:
1. Representing any player in individual contract negotiations with any Club unless he/she (i) is an NFLPA Certified Contract Advisor; (ii) has signed the Standard Representation Agreement with such player; and (iii) has filed a copy of the Standard Representation Agreement with the NFLPA along with any other contract(s) or agreement(s) between the player and the Contract Advisor;
2. Providing or offering money or any other thing of value to any player or prospective player to induce or encourage that player to utilize his/her services;
3. Providing or offering money or any other thing of value to a member of the player's or prospective player's family or any other person for the purpose of inducing or encouraging that person to recommend the services of the Contract Advisor;
Providing materially false or misleading information to any player or prospective player in the context of recruiting the player as a client or in the course of representing that player.
4. Representing or suggesting to any player or prospective player that his/her NFLPA Certification is an endorsement or recommendation by the NFLPA of the Contract Advisor or the Contract Advisor's qualifications or services;
But it's Section 3 (B) (Prohibited Conduct), Paragraph 21 that Condon is in true violation of. It states:
Section 3 (B) 21. (a) Initiating any communication, directly or indirectly, with a player who has entered into a Standard Representation Agreement with another Contract Advisor and such Standard Representation Agreement is on file with the NFLPA if the communication concerns a matter relating to the:
(i) Player's current Contract Advisor;
(ii) Player's current Standard Representation Agreement;
(iii) Player's contract status with any NFL Club(s); or
(iv) Services to be provided by prospective Contract Advisor either through a Standard Representation Agreement or otherwise.
(b) If a player, already a party to a Standard Representation Agreement, initiates communication with a Contract Advisor relating to any of the subject matters listed in Section 3(B)(21)(a) the Contract Advisor may continue communications with the Player regarding any of those matters.
(c) Section 3(B)(21) shall not apply to any player who has less than sixty (60) days remaining before his NFL Player Contract expires, and he has not yet signed a new Standard Representation Agreement with a Contract Advisor within the sixty (60) day period.
(d) Section 3(B)(21) shall not prohibit a Contract Advisor from sending a player written materials which may be reasonably interpreted as advertising directed at players in general and not targeted at a specific player.
Published reports from several sources confirm what my source knows: that Condon violated "Paragraph 21" in his pursuit of Matt Leinart. For example, Profootballtalk.com had this information, which could not be directly linked to because of the design of its site. I copied it:POSTED 9:24 p.m. EDT; UPDATED 10:42 p.m. EDT, April 11, 2006
LEINART "DEFINITELY" HIRING CONDON
We've heard from yet another source that USC quarterback Matt Leinart "definitely" is hiring Tom Condon of Creative Artists Agency to replace Leigh Steinberg, whom Leinart recently has terminated.
The talk in league circles is that Condon and CAA have told Leinart that they will persuade either the Jets or the Titans to swing a deal with the Texans to make Leinart the No. 1 overall selection in the draft. If that's true, the Condon potentially has run afoul of the NFLPA regulations that impose a five-day waiting period before a new agent can swoop in.
But don't assume that the NFLPA will take any action, given that Condon also represents NFLPA executive director Gene Upshaw.
We haven't confirmed whether Chuck Price will be involved in the ongoing representation of Leinart, but we've previously heard that Price will still be a part of the team, working directly with Condon.
The timing of the conversations between Leinart and Condon is such that Condon was tampering with Steinberg's client, Matt Leinart.
My source said, "They (Condon working for CAA) probably used the old IMG model: (Where they may have told Leinart) We'll take a reduced fee and a bit more up front, and by the way, we'll get your Dad a job."
If this is 100 percent true, and it appears to be approaching 80 percent truth, Condon's also in violation of NFLPA Section 3 (B), Paragraph 3, which reads:
3. Providing or offering money or any other thing of value to a member of the player's or prospective player's family or any other person for the purpose of inducing or encouraging that person to recommend the services of the Contract Advisor;
Providing materially false or misleading information to any player or prospective player in the context of recruiting the player as a client or in the course of representing that player.
The question is what will the NFLPA do? My well-placed source reports that not only is Tom Condon NFLPA Executive Director Gene Upshaw's agent, but NFLPA attorney Jeffrey Kessler's son works for Condon. (Kessler's pictured at right.)Given this, it's very possible Condon could have communicated to Leinart that he's the representative of the NFLPA's Executive Director and therefore has special authorization to contact Leinart in so forward a way as he's done. Now, I'm piling on; there's already too much information. But if that were the case, Condon's stepped over the bounds of Section 3 (B), Paragraph 4, which reads:
4. Representing or suggesting to any player or prospective player that his/her NFLPA Certification is an endorsement or recommendation by the NFLPA of the Contract Advisor or the Contract Advisor's qualifications or services;
Stay tuned. It's going to get worse before it gets better.
