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  1. #1
    AvengerRam's Avatar
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    The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Matt Walsh won't talk.

    Why?

    He's afraid the Patriots will sue him if he does.

    But, if the Patriots have nothing to hide, they could easily release him from liability. They have not done so. Why? Because they know that he has the "goods" on them. If they were not concerned about what he has, it would stand to reason that they would want him to be exposed as a liar.

    The league can also solve this problem. They could agree to defend and indemnify Walsh in the event that any disclosure he makes results in a suit by the Patriots. They have not done so. Why? Because they don't want to know if he has the "goods" on the Patriots.

    What a farce.


  2. #2
    viper's Avatar
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Hopefully, Walsh will be summoned to speak before Senator Specter and the Senate Judiciary Committee and granted some sort of immunity. It sounds like that is what Specter intends to do.

  3. #3
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Great points Av. Hopefully forces outside the NFL will keep the pressure on.

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    RAMarkable is offline Registered User
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Quote Originally Posted by AvengerRam View Post
    Matt Walsh won't talk.

    Why?

    He's afraid the Patriots will sue him if he does.

    But, if the Patriots have nothing to hide, they could easily release him from liability. They have not done so. Why? Because they know that he has the "goods" on them. If they were not concerned about what he has, it would stand to reason that they would want him to be exposed as a liar.

    The league can also solve this problem. They could agree to defend and indemnify Walsh in the event that any disclosure he makes results in a suit by the Patriots. They have not done so. Why? Because they don't want to know if he has the "goods" on the Patriots.

    What a farce.
    I thought that I had read that Commish Goodie (Goodell) had in fact agreed to indemnify Matt Walsh; and I believe he so stated in his meeting with Senator Spector. Hmm...did I miss something?

    WHAT SAY YE?

  5. #5
    AvengerRam's Avatar
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Quote Originally Posted by RAMarkable View Post
    I thought that I had read that Commish Goodie (Goodell) had in fact agreed to indemnify Matt Walsh; and I believe he so stated in his meeting with Senator Spector. Hmm...did I miss something?

    WHAT SAY YE?
    The league offered to indemnify, but not to defend and indemnify. The difference is that, if sued, Walsh would have to pay for his own attorney out of pocket. If he is found liable, the league would then pay the damages, but not Walsh's fees. Also, my understanding is that the league has attempted to place conditions on the obligation to indemnify. This could create a risk to Walsh as well.

    What the league should be doing is offering (unconditionally) to "defend, indemnify and hold harmless."

  6. #6
    general counsel's Avatar
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    To chime in with support for my fellow attorney on the board, avenger (as always) is right on target. The legal fees alone in a situation like this could easily exceed 100k. Its not reasonable to expect anyone to put themselves at risk for that kind of money when they have nothing personally to gain.

    The fact that the league didnt ask to speak to him in the first place during the initial investigation speaks volumes. You would think that if you were doing an honest and open investigation about taping and wanted to know whether the jets situation this year was a one shot deal or part of a historical pattern, you would interview those in charge of taping for the team for the last several years. Former employees are often the best source of information when it comes to misconduct by management. Not always reliable of course, but certainly a relevant data point.

    ramming speed to all

    general counsel


  7. #7
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Quote Originally Posted by general counsel View Post
    To chime in with support for my fellow attorney on the board, avenger (as always) is right on target. The legal fees alone in a situation like this could easily exceed 100k. Its not reasonable to expect anyone to put themselves at risk for that kind of money when they have nothing personally to gain.

    The fact that the league didnt ask to speak to him in the first place during the initial investigation speaks volumes. You would think that if you were doing an honest and open investigation about taping and wanted to know whether the jets situation this year was a one shot deal or part of a historical pattern, you would interview those in charge of taping for the team for the last several years. Former employees are often the best source of information when it comes to misconduct by management. Not always reliable of course, but certainly a relevant data point.

    ramming speed to all

    general counsel
    So is this going to be swept under the rug???

  8. #8
    Keenum's Avatar
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Goodell, I think, is trying to scare Walsh to death so he won't say anything and the whole thing will just be a faint memory.
    We CAN'T let that happen.

  9. #9
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Those kinds of legal fees would be a drop in the bucket to the NFL compared to the damage this could do to the league's image. Goodell should be going all out to prove the NFL isn't holding anything back, and even then he is already going to have trouble justifying the swift destruction of evidence back at the beginning of the season.

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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Quote Originally Posted by general counsel View Post
    To chime in with support for my fellow attorney on the board, avenger (as always) is right on target. The legal fees alone in a situation like this could easily exceed 100k. Its not reasonable to expect anyone to put themselves at risk for that kind of money when they have nothing personally to gain.
    I see only one way for Mr. Walsh (and the entire Rams familiy) to receive justice in this nefarious mess. We all need general counsel and Avenger to team up and represent Matt Walsh pro bono. Actually it is my understanding that Avenger specializes in workers comp cases and Mr. Walsh was definitely "on the job" when all of this happened. And gc could help out in the contractual arena as well as other areas of his expertise. I haven't spoken to Mr. Walsh's as yet, but I'm reasonably sure that he would be very interested in a "Dynamic Duo" legal team like Av and gc. So what does the Clan think of this idea?

    WHAT SAY YE?

  11. #11
    RamOfDenmark is offline Registered User
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    The league's agreement to indemnify Walsh is not good enough the way I read it. It appears they will only do it under the condition that he turns over all evidence. It looks to me like most of all the league is just trying to get their hands on Walsh's evidence which can then be lost by accident or even intentionally destroyed (again) so the case can be closed. If the league receives the evidence and gets a chance to destroy it they will just come out and say "there was nothing new in the evidence, only the same games we already knew about and they have been punished for that already" and then - case closed.

    And of course if Walsh keeps copies of the evidence himself the league can always claim he didn't "turn over all evidence" and the indemnification is void and he'll probably be sued and bled dry financially.

    Offering this kind of indemnification is a smart move on the league's part since they can now claim in the media that they have already offered it to Walsh (without mentioning the exact details) and it will appear as if Walsh does not have anything if he doesn't accept their deal.

    At least that's my understanding of the deal the league has offered, maybe our resident lawyers have a more precise understanding of the conditions.

    Walsh better read the fine print (with a lawyer preferably) before he signs anything.

  12. #12
    AvengerRam's Avatar
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Quote Originally Posted by RAMarkable View Post
    Actually it is my understanding that Avenger specializes in workers comp cases and Mr. Walsh was definitely "on the job" when all of this happened.
    Um... no, I don't handle workers comp cases.

    I practice in the field of employment law, which includes discrimination, sexual harassment, breach of emploment contract, and unpaid wages and overtime compensation cases. Workers comp is really insurance law.

    Also, I don't think I could bring the case in Florida, where I am admitted to practice.

  13. #13
    AvengerRam's Avatar
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    Here's a new article on the matter:

    Walsh's attorney says NFL indemnification offer falls short

    By Mike Fish
    ESPN.com


    The attorney for Matt Walsh said the former New England Patriots video assistant is agreeable to providing information about the team's illegal taping practices, but as of Friday said the NFL has fallen short of his request for complete indemnification, which would protect Walsh from being sued.


    Walsh, who was employed by the Patriots from 1996 to 2003, has suggested to ESPN.com that he has information that could be potentially damaging to the league and the Patriots. He has, to date, refused to provide specifics or turn over potential evidence without protection against potential lawsuits.



    NFL commissioner Roger Goodell has said that the league will "absolutely'' offer indemnification in turn for Walsh's cooperation. But attorney Michael Levy said the offer presented him Monday by league counsel Jeffrey Pash does not meet the standards for indemnification agreements.



    A standard indemnification agreement, Walsh's attorney said, protects against allegations of untruthfulness as long as there is not "bad faith.''



    "The NFL's proposal is not full indemnification,'' Levy told ESPN.com. "It is highly conditional and still leaves Mr. Walsh vulnerable. I have asked the NFL to provide Mr. Walsh with the necessary legal protections so that he can come forward with the truth without fear of retaliation or litigation. To best serve the interest of the public and everyone involved, I am hopeful the NFL will do so promptly.''



    NFL spokesman Greg Aiello said the league believes it has adequately offered to provide Walsh coverage, if he is truthful.



    "We offered immunity from litigation under two conditions, that he tell the truth and he return anything he took from the Patriots,'' Aiello said.



    Sen. Arlen Specter, Republican leader on the Senate Judiciary Committee, has been critical of the league's handling of Spygate and continues to investigate. Specter said he has the support of Judiciary Committee chair Patrick Leahy, D-Vt., though the importance of what his investigation uncovers will determine if there's a need for committee hearings.



    Specter has been in communication with the attorney for Walsh, and the lawmaker believes the former Patriots employee is a key to his investigation.



    Walsh's attorney said his trust of the NFL is an issue after learning a league security officer and former FBI agent, Dick Farley, had interviewed two of Walsh's former co-workers at a golf course on Cape Cod in Massachusetts. Walsh, 31, has been an assistant golf pro at several courses in New England and Arizona since leaving the Patriots. He currently works at a course on Maui.



    "Sending a former FBI agent to investigate his professional and personal life has not left Mr. Walsh feeling confident that the National Football League simply wants to encourage him to come forward with whatever information he has,'' Levy said.



    Aiello, the NFL spokesman, acknowledged that the league has looked at public records to verify Walsh's employment history in "an effort to learn about him -- however that is done.''



    Levy, head of the white-collar investigations and enforcement group at the Washington firm of McKee Nelson, said gaining Walsh's cooperation is dependent on the league's meeting his terms for complete indemnification, which he provided Thursday to the NFL's outside counsel, Gregg Levy.



    Under the NFL's indemnification offer, Walsh's attorney said his client could still be sued if, for instance, the Patriots contested the accuracy of whatever information he comes forward with. That could prove an enormous cost battling an NFL franchise in court.



    "It is very easy to allege someone has been untruthful even if it can't be proven'' Michael Levy said. "The NFL's proposal would leave Mr. Walsh completely unprotected against such an unproven allegation, because he would have to defend against it himself. And the NFL wants Mr. Walsh to give up the very materials he might need to prove his truthfulness.''



    Someone could argue, according to both Levy and Specter, that Goodell was untruthful when he misconstrued facts in a Jan. 31, 2008, letter to Specter. While assuring Specter that the league's investigation uncovered no video taping chicanery by the Patriots leading up to their 2005 Super Bowl victory against the Philadelphia Eagles, Goodell wrote, "The two teams had only played one other game against each other in the current decade, a preseason game in the summer of 2003.''



    In fact, the Super Bowl showdown was the fifth game between the teams in the preceding two-and-a-half years.



    "Clearly, Commissioner Goodell should not seek to hold Mr. Walsh to a higher standard than the standard to which he would hold himself,'' said Levy. The attorney was careful to note that he does not believe Goodell acted in bad faith or was untruthful.

  14. #14
    Chris58's Avatar
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    I have no legal training or background but here are a few things that strike me about this situation:

    No one knows if Walsh actually has any hard evidence (tapes/notes). If it just comes down to his word against the Cheaters, unless he has someone else to corroborate his story, it may just result in a standoff.

    If this goes through a Congressional hearing, it might make fine theater, but will it result in anything different than the Clemens/McNamee fiasco? Again another he said/he said drama.

    Goodell is invested in protecting his **** at this point because he has already contaminated the investigation. He will do whatever it takes to make his actions appear appropriate in the face of any further investigation. He has access to a whole army of attorneys ready to fight to protect himself and the NFL.

    I believe the good ol' boy establishment of owners (Rooney, etc.) will not be supportive of an in-depth investigation because the dirty little secrets of what actually goes on will end up at everyone's door step.

    The NFL is such a big gambling ticket that anything that tarnishes the NFL image or gives the appearance of advantages by teams behind the scene must be squashed. Otherwise you have the WWF.

    A question I have is how this violates anti-trust law? I read something in one of the accounts of the Specter/Goodell meeting, that Specter mentioned how these actions violated AT law. Not sure I get this. Can any of our Clan attorneys explain that to us?

    I stick by my assertion in other posts on this subject: This will end up no where.

  15. #15
    AvengerRam's Avatar
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    Re: The Patriots Are Showing Their Guilt, And The NFL Doesn't Want To See The Proof

    I can only presume that the reference to antitrust is a suggestion that free trade/competition has been interfered with by virtue of the combined actions of the Patriots and the NFL.

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