Illegal Procedure
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Wendel: Illegal Procedure Published by SURFACE, 1990 1 Syracuse University Magazine, Vol. 6, Iss. 3 [1990], Art. 6 https://surface.syr.edu/sumagazine/vol6/iss3/6 2 Wendel: Illegal Procedure "Payton's perfect for Busch's 'Know When to former Iowa running back Ronnie Harmon (now Say When' campaign," Ki les says, taking a quick with the Buffalo Bills) and Paul Palmer, the 1986 glance at his side mirror and then cutting for day Heisman Trophy runner-up from Temple. light. "He doesn't drink himself and he's already Among those who testified at the Walters-Bloom out there making appearances on the race circuit." trial was Michael Franzese, a captain in the With a B.A. (1975) and law degree (1978) Colombo crime family, who said he invested from Syracuse University, Kiles is one of a half $50,000 in the agents' business and gave Walters dozen SU alumni who are deal-makers in the permission to use his name to enforce contracts world of sports. Kiles, once the agent for Orange wi th players. men football stars Bill Hurley and Art Monk, has Even though some, most notably NCAA a practice with two offices on M Street in Wash executive director Dick Schultz, said the convic ington. He represents several members of the tion sent a clear message to players and agents National Football League Redskins, and works alike, others maintain the court case merely with companies that want to serve as corporate scratched the surface of the sleazy deals cur sponsors for the 1992 Olympics and 1994 soccer From the public's rently going down in sports. The general public, World Cup. point of view, in light of this case and others, must wonder how Ki les starts to pull around another string of an average sports agent conducts his business. cars, but his quick end-around immediately I'd guess an agent Can he remain ethical and still succeed with becomes a fast fade back to the slow lane. There, ranges some sports seemingly rife with under-the-table nego in Ki les's rear-view mirror, sits a patrol car, no tiations? SU alumni who have become sports doubt eyeing the game plan of this particular red where between agents, as well as the University itself, wrestle Porsche. awife-beater with these thorny issues on a daily basis. "That wasn't very bright," Kiles says. "Pass While agents are credited with forcing team ing a cop, doing 40 in a 30 zone." and debtor on owners to hike player salaries in recent years, For the remainder of the trip up Connecticut the list of they've also been accused and occasionally con Avenue, Kiles stays in the right lane and at the victed of bribing college athletes, urging clients speed limit. After a while, the patrol car peels off. ne'er-do-wells. to hold out for stratospheric contracts and play Kiles shakes his head in relief. ing Svengali to would-be superstars. In this It could happen to any brightly colored sports DonaMA. world of broken contracts and multimillion-dol car in the fast lane, but for Cronson'84 lar salaries, agents are a window on how the sys Kiles the incident must tem works-and fails. seem emblematic, consid ering the degree of scru !NCE T HE MID-SEVENTIES, SPORTS HAS tiny sports attorneys grown into a $52-billion-a-year business, are under these days. Swith agents as the industry's new power Last spring, a U.S. brokers. Few players today feel they can district afford to represent themselves. Long gone are court in the more innocent days when a college senior dared sign a professional contract with a scout victed agents Norby while walking off the field after his last college Walte rs and Lloyd game. Now there are signing bonuses, deferred Bloom of conspiracy, payments, and incentive clauses to worry about. fraud, and extortion "Everybody I know has an agent," says T im in connection with Green, a 1986 graduate of SU's College of Arts the signing of col and Sciences and a defensive specialist for the lege players to cli Atlanta Falcons. "It's a pretty important thing, ent contracts before especially when you're coming out of school. their eligibility end Now things are becoming more predicated on ed. T he major play ers in the case were 34 • SY RA CUSE U N I VER S IT Y MA GAZ I NE Published by SURFACE, 1990 3 Syracuse University Magazine, Vol. 6, Iss. 3 [1990], Art. 6 But you still need somebody at least to help you more intense. In many cases, there's a weeding with that initial contract." out period during the senior year when the The amount of money avai lable to agents, player often has a short list of four to six agents. especially those representing first-round draft This is the time, especially if the player is pro picks, can be staggering. Agent Leigh Steinberg, jected to be drafted early in the first round, that who is employed by NFL quarterbacks Troy the stakes and chances for shady dealing dramat Aikman, Warren Moon, Ken O'Brien, Tony ically increase. Eason, and Wade Wilson, negotiated contracts While attending such post-season, all-star worth $27 million this past spring. His cut was contests as the Senior Bowl and the All-Ameri more than $1 million. can Bowl, Green witnessed agents playing dom For every top-round player, there may be 15 inoes-$1 00 per game-with athletes and losing or more agents trying to sign him to a client con game after game on purpose. "Everybody knew tract. Don Cronson, who graduated from SU's what was going on," says Green, who was College of Arts and Sciences in 1964, says the drafted in the first round by the Falcons. "I saw a only way to win this mating dance is "to find the Everybody thinks lot of guys flown around in Lear jets- given pressure point-the one individual besides the this is aglamorous women, cars, and cash." player you need to convince." That pivotal per T here are many in collegiate sports, from the son can be the player's mother or father, coach, or business, but coaches to the boosters, who deserve blame, but even girlfriend or grandparent. Cronson's sales H's uonen much agents often are the most visible fall guys. tactics get results. His Roundball Enterprises in "From the public's point of view, I'd guess an New York City has a dozen major sports clients, more competitive agent ranges somewhere between a wife-beater including football's Ed "Too Tall" Jones and for over the last and debtor on the list of ne'er-do-wells," says mer Orange basketball star Dwayne "Pearl" Cronson. Washington. 20 years. Still, for every Leigh Steinberg or Don Cron FTHE HALF-DOZEN SU ALUMNI WHO HAVE son there are many more agents who are lucky to Norman Blass '49 I served as sports agents on a regular basis, no break even. At a recent conference on Capitol one devotes all of his time to it now. John F Hill of the Sports Lawyers Association, it was Marchiano, who holds SU degrees in politi- estimated that there are three times more agents cal science (1973) and law (1976), recruited ath in the marketplace than athletes who have a rea letes for several years before seeing one too sonable chance of playing professional ball. Such many deals evaporate because somebody else intense competition is the beginning of most abuses. "The basic problem today is too many repre sentatives for the number of players who can NCAA Legislation Governing Sports Agents possibly turn pro," says agent Norman Blass, 12.3 Use of Agents who graduated from SU's College of Arts and 12.3.1 General Rule. An individual [student] shall be ineligible for participation in an intercol Sciences in 1949. "Everybody thinks this is a legiate sport if he or she ever has agreed (orally or in writing) to be represented by an agent for the glamorous business, but it's gotten much more purpose of marketing his or her ath letics ability or reputation in that sport. Further, an agency con competi tive over the last 20 years." tract not specifically limited in writing to a sport or particular sports shal l be deemed applicable to all sports and the individual shall be ineligible to participate in any sport. A lawyer based in New York City, Blass cur 12.3.2 Legal Counsel. Securing advice from a lawyer concern ing a proposed professional sports rently represents professional basketball players contract shal l not be considered contracting for representation by an agent under this rule, unless the Roy Hinson, Vern Fleming, and Derrick McKey lawyer also represents the student-athlete in negotiations for such a contract. (who, ironically, was one of Norby Walters's cli 12.3.3 Athletics Scholarship Agent. Any individual, agency or organization that represents a ents before the recent court decision). In 1970, prospective student-athl ete for compensation in placing the prospect in a collegiate institution as a Blass had four of the top 16 coll ege players cho a recipient of institutional financial aid shall beconsidered an agent or organization marketing the in dividual's athletics ability or reputation sen in that year's National Basketball Associa 12.3.4 Career Counseling Panel. It is permissible for an authorized institutional career coun tion draft, including future all-stars Bob Lanier seling panel to: and Dave Cowens.