Hurd's Arrest May Lead to Larger Fallout Of

Volume 158, No. 6 Tuesday, January 10, 2012 Sporting Judgment Hurd’s arrest may lead to larger fallout of other NFL players, teams

By Robert T. Shannon The charges in Hurd’s criminal that he and his associates currently were General manager Jerry Angelo and complaint paint a different picture. distributing 4 kilograms of cocaine each offensive coordinator Mike Martz may be Federal filings show that the week in the Chicago area, but were the latest departures from the Chicago investigation into Hurd developed over unhappy because their current supplier Bears but they likely are not the most the course of six months — starting could not provide them with sufficient controversial. when he was a member of the Cowboys. quantity. Of particular interest, the On Wednesday, a federal grand jury Through a confidential informant, the affidavit says that at the meeting, Hurd indicted former Bears wide receiver Sam U.S. Department of Homeland Security indicated a personal focus on the “higher- Hurd and charged him with conspiracy to learned of a 4-kilogram purchase of end” deals. Hurd then is alleged to have distribute 11 pounds or more of cocaine. cocaine, for an unknown buyer, later inquired whether the undercover agent In addition to a long prison sentence and alleged to be Hurd. Near the meeting and confidential informant could provide millions of dollars in fines, if convicted, place for the exchange, law enforcement him with Mexican cell telephones the government has the right to seize all pulled over a vehicle registered to Hurd because he believed law enforcement property used to commit the crimes as and seized $88,000 of U.S. currency could not listen in on such conversations. well as all crime proceeds. Hurd’s 2010 found in the car. The affidavit says at the end of the Cadillac Escalade and $88,000 in cash Although Hurd was not in the car meeting, the confidential informant have already been seized. during the traffic stop or currency presented Hurd with 1 kilogram of The indictment follows Hurd’s arrest seizure, he did contact federal authorities cocaine. In connection with discussing outside a Rosemont steakhouse on Dec. in attempt to retrieve his seized money. payment for the kilo, it is alleged that 14, 2011. Two days later, the Bears cut In connection with this attempt, Hurd Hurd explained that he was a member of Hurd from the team. appeared for a consensual interview with the Chicago Bears and would make The allegations surrounding Hurd’s Department of Homeland Security arrangements for payment after practice arrest and his subsequent indictment are investigators in July 2011 to answer at about 5:30 p.m. After leaving the stunning and, as several pundits are questions regarding a sizable amount of meeting, officers immediately placed predicting, the investigation may not be cash found in a canvas bag in the Hurd under arrest. over and could implicate other players, automobile. The federal criminal case is United teams and even have ripple effects on the The affidavit from the undercover States v. Samuel George Hurd, III. No. 3- league. special agent says that Hurd admitted 11-MJ-590-BF. (U.S.D.C., N.D. Texas, Hurd, a former standout wide receiver that the $88,000 found in the vehicle was 2011.) at Northern Illinois University, was his, but claimed that it came from a Specifically, the complaint charges traded from the Dallas Cowboys to the withdrawal and wire transfer of funds Hurd with “intent to distribute 500 grams Bears in July 2011. In the off-season, from a personal bank account. The filing or more of a mixture or substance Hurd signed a three-year deal with the says a review of Hurd’s banking records containing a detectable amount of Bears for about $5 million, including a did not reflect the transaction and cocaine” in violation of 21 U.S.C. §§ 841, $1.3 million signing bonus. He was amounts claimed by Hurd. Thereafter, it 846. Under federal sentencing rules, presented as a promising addition to the appears the investigation intensified. Hurd faces decades in prison and a group of Bears wide receivers. The investigation culminated in the possible $2 million fine if found guilty of Dec. 14 meeting between Hurd, an the charges. Robert T. Shannon is a partner in undercover special agent and a On Dec. 16, Hurd appeared before Hinshaw & Culbertson LLP’s Chicago confidential informant. During that Magistrate Judge Young B. Kim in office and represents corporate clients in meeting, Hurd allegedly stated he Chicago and waived his preliminary business litigation and regulatory matters. wished to purchase enormous quantities probable cause hearing. Kim ordered that He has represented MLB and several pro - of drugs — 5-to-10 kilograms of cocaine Hurd surrender his passport and any fessional sports teams and served as litiga - and 1,000 pounds of marijuana — on a firearms. tion counsel for the Chicago White Sox for weekly basis for distribution in the Hurd retained well-known criminal about 10 years. Through his work for the Chicago area. In financial terms, the defense attorney David Kenner from White Sox, he developed a practice focus in value of such a weekly supply could be in California, whose former clients include defending public venues in security, excess of $700,000. Snoop Dogg and the late Tupac Shakur. premises and tort matters. The affidavit says Hurd also claimed Federal prosecutors recently

Copyright © 2012 Law Bulletin Publishing Company. All rights reserved. Reprinted with permission from Law Bulletin Publishing Company. presented their evidence to the grand jury, double-digits. that it is aware of any list of players. While which issued the indictment on Wednesday. If this is the case, the fallout for other Hurd denied all allegations in the case, his Hurd already had been released after teams and the league could be attorney made a statement specifically posting a $100,000 bond. Since the criminal monumental. Who knew what and when? denying the allegations of other player complaint was filed in Texas, it is expected Are the background tests sufficient? (For involvement or supplying drugs to other that Hurd will face trial on the charges in his part, Cowboys owner Jerry Jones players. Specifically, Kenner responded Texas. issued a statement denying any knowledge that Hurd “100 percent denies that This obviously is a sensitive situation into Hurd’s alleged crimes and supporting allegation. It is patently and totally false. It for the Chicago Bears organization, but the Cowboys thorough background just didn’t happen.” perhaps others too. Several national news checks). Are the league’s drug and Whether such a list exists is still outlets reported on an “as of yet to be enforcement policies strong enough? unknown. Some wonder whether any released” list of other NFL players that are At the very least, and given the NFL’s players on such a list could become allegedly linked to Hurd. There is swift and heavy response in other cases witnesses against Hurd or future targets of speculation as to whether the persons on involving Adam “Pacman” Jones, Terry law enforcement. Others wonder what will such a list are Hurd’s “higher-end” deals “Tank” Johnson and Cedric Benson, any happen if Hurd is offered a deal in that he referenced in the meeting at the players implicated would surely face exchange for telling authorities everything Rosemont steakhouse on Dec. 14. punishment under the league’s substance he knows. Lawyers and sports fans will Some reports on the ongoing investigation and personal conduct policies. have to see how this one plays out. tally the list of implicated players in the The NFL issued a statement denying Rest assured, it will be one to watch.