NFL Statement On Patriots Penalties 5-11-15 3

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FOR IMMEDIATE RELEASE

5/11/15
http://www.twitter.com/NFL345

NFL STATEMENT ON DISCIPLINE IMPOSED ON NEW ENGLAND


PATRIOTS FOR VIOLATING NFL POLICY ON INTEGRITY OF GAME
The New England Patriots were notified today of the following discipline that has been
imposed for violations of the NFL Policy on Integrity of the Game and Enforcement of Competitive
Rules relating to the use of under-inflated footballs in the AFC Championship Game of this past
season:
For the violation of the playing rules and the failure to cooperate in the subsequent
investigation, the New England Patriots are fined $1 million and will forfeit the clubs first-round
selection in the 2016 NFL Draft and the clubs fourth-round selection in the 2017 NFL Draft. If the
Patriots have more than one selection in either of these rounds, the earlier selection shall be
forfeited. The club may not trade or otherwise encumber these selections.
Patriots owner Robert Kraft advised Commissioner Roger Goodell last week that Patriots
employees John Jastremski and James McNally have been indefinitely suspended without pay by the
club, effective on May 6th. Neither of these individuals may be reinstated without the prior approval of
NFL Executive Vice President of Football Operations Troy Vincent. If they are reinstated by the
Patriots, Jastremski is prohibited from having any role in the preparation, supervision, or handling of
footballs to be used in NFL games during the 2015 season. McNally is barred from serving as a
locker room attendant for the game officials, or having any involvement with the preparation,
supervision, or handling of footballs or any other equipment on game day.
Quarterback Tom Brady will be suspended without pay for the first four games of the 2015
regular season for conduct detrimental to the integrity of the NFL. Brady may participate in all offseason, training camp and pre-season activities, including pre-season games.
Commissioner Goodell authorized the discipline that was imposed by NFL Executive
President Troy Vincent, pursuant to the commissioners disciplinary authority under the NFL
Constitution and Bylaws and the Collective Bargaining Agreement with the NFL Players Association.
We reached these decisions after extensive discussion with Troy Vincent and many others,
Commissioner Goodell said. We relied on the critical importance of protecting the integrity of the
game and the thoroughness and independence of the Wells report.
Following are excerpts from Troy Vincents letters to the Patriots and Tom Brady:

From Troy Vincents letter to the Patriots:


On May 6th, independent investigator Ted Wells issued his report regarding the footballs used
by the Patriots in this years AFC Championship Game. That report established that the footballs
used by the Patriots were inflated at a level that did not satisfy the standard set forth in the NFLs
Official Playing Rules and that the condition of the footballs was the result of deliberate actions by
employees of the Patriots. The activities of the Patriots employees were thoroughly documented in
the report, including through a series of text messages and telephone communications, as well as
evidence of a breach in pre-game protocol. In addition, the conclusions were supported by extensive
scientific analysis, as detailed in the report.
Based on the extensive record developed in the investigation and detailed in the Wells
report, and after full consideration of this matter by the Commissioner and the Football Operations
department, we have determined that the Patriots have violated the NFL's Policy on Integrity of the
Game and Enforcement of Competitive Rules, as well as the Official Playing Rules and the
established guidelines for the preparation of game footballs set forth in the NFLs Game Operations
Policy Manual for Member Clubs. In making this determination, we have accepted the findings
contained in the comprehensive report independently prepared by Mr. Wells and his colleagues.
In determining that a violation occurred, we applied the standard of proof stated in the Integrity
of the Game Policy: namely, preponderance of the evidence, meaning that as a whole, the fact
sought to be proved is more probable than not. This is a well-recognized legal standard, which is
applied in courts and workplaces every day throughout the country. The evidence gathered during
the investigation and reviewed in the report more than satisfy this standard and demonstrate an
ongoing plan by at least certain Patriots employees to deflate footballs, to do so in a secretive
manner after the game officials have certified the footballs as suitable for play, and to hide these
activities even from their own supervisors.
As you know, we regard violations of competitive rules as significant and deserving of a
strong sanction, both to punish the actual violation and to deter misconduct in the future. In this case,
the footballs were intentionally deflated in an effort to provide a competitive advantage to Tom Brady
after having been certified by the game officials as being in compliance with the playing rules. While
we cannot be certain when the activity began, the evidence suggests that January 18th was not the
first and only occasion when this occurred, particularly in light of the evidence referring to deflation of
footballs going back to before the beginning of the 2014 season.
It is impossible to determine whether this activity had an effect on the outcome of games or
what that effect was. There seems little question that the outcome of the AFC Championship Game
was not affected. But this has never been a significant factor in assessing discipline. There are many
factors which affect the outcome of a game. It is an inherently speculative exercise to try to assign
specific weight to any one factor. The key consideration in any case like this is that the playing rules
exist for a reason, and all clubs are entitled to expect that the playing rules will be followed by
participating teams. Violations that diminish the league's reputation for integrity and fair play cannot
be excused simply because the precise impact on the final score cannot be determined.
Here, there are several factors that merit strong consideration in assessing discipline. The first
is the clubs prior record. In 2007 the club and several individuals were sanctioned for videotaping
signals of opposing defensive coaches in violation of the Constitution and Bylaws. Under the Integrity
of the Game Policy, this prior violation of competitive rules was properly considered in determining
the discipline in this case.

Another important consideration identified in the Policy is the extent to which the club and
relevant individuals cooperated with the investigation. The Wells report identifies two significant
failures in this respect. The first involves the refusal by the clubs attorneys to make Mr. McNally
available for an additional interview, despite numerous requests by Mr. Wells and a cautionary note in
writing of the clubs obligation to cooperate in the investigation. The second was the failure of Tom
Brady to produce any electronic evidence (emails, texts, etc.), despite being offered extraordinary
safeguards by the investigators to protect unrelated personal information. Although we do not hold
the club directly responsible for Mr. Bradys refusal to cooperate, it remains significant that the
quarterback of the team failed to cooperate fully with the investigation.
Finally, it is significant that key witnesses Mr. Brady, Mr. Jastremski, and Mr. McNally were not fully candid during the investigation.
In accepting the findings of the report, we note that the report identified no evidence of
wrongdoing or knowledge of wrongdoing on the part of any member of the coaching staff, including
Head Coach Bill Belichick, or by any Patriots staff member other than Mr. Jastremski and Mr.
McNally, including head equipment manager Dave Schoenfeld. Similarly, the Wells report is clear that
Patriots ownership and executives did not participate in any way in the misconduct, or have
knowledge of the misconduct.
Nonetheless, it remains a fundamental principle that the club is responsible for the actions of
club employees. This principle has been applied to many prior cases. Thus, while no discipline should
or will be imposed personally on any owner or executive at the Patriots, discipline is appropriately
imposed on the club.
From Troy Vincents letter to Tom Brady:
With respect to your particular involvement, the report established that there is substantial
and credible evidence to conclude you were at least generally aware of the actions of the Patriots
employees involved in the deflation of the footballs and that it was unlikely that their actions were
done without your knowledge. Moreover, the report documents your failure to cooperate fully and
candidly with the investigation, including by refusing to produce any relevant electronic evidence
(emails, texts, etc.), despite being offered extraordinary safeguards by the investigators to protect
unrelated personal information, and by providing testimony that the report concludes was not
plausible and contradicted by other evidence.
Your actions as set forth in the report clearly constitute conduct detrimental to the integrity of
and public confidence in the game of professional football. The integrity of the game is of paramount
importance to everyone in our league, and requires unshakable commitment to fairness and
compliance with the playing rules. Each player, no matter how accomplished and otherwise
respected, has an obligation to comply with the rules and must be held accountable for his actions
when those rules are violated and the publics confidence in the game is called into question.
###

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