Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

Make no mistake; Commissioner Roger Goodell’s suspension of Steeler’s quarterback Ben Roethlisberger is direct warning to the NFL players union to not challenge the Commissioner’s powers.

Ben Roethlisberger, (a.k.a. "Big Ben") was charged with no crime or offense and certainly convicted of nothing following the recent bar incident in Georgia.  Commissioner Goodell even conceded that the facts of the alleged incident were “disputed.”  What we know is that "Big Ben" caused alcohol to be served to underage females, after that the story goes in separate directions.  There is also ample evidence that Roethlisberger and his body guards took over the Georgia bar and demanded that alcohol be provided to the girls of his choice.

Even though "Big Ben’s" conduct doesn’t make anyone proud, how does Goodell arrive at a 4-6 game suspension?  Remember, no crime and no penalty was imposed by local law enforcement against the quarterback.  Why not a 1, 2 or 3 game suspension?

The answer is that Goodell is sending a message to the NFL player’s union in this case.  The message is “don’t mess with me when it comes to discipline.”  Goodell is imposing the most severe penalties to increase his power while removing the union from any real challenge to player discipline.  Yes, the union can grieve this suspension to an arbitrator.  However, the NFL’s personal conduct policy grants Goodell broad discretion in these cases.  Goodell wants to swing a mighty hammer with player discipline and strike a blow against the union in the upcoming negotiations for a new collective bargaining agreement

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Alex Rodriguez, the third-baseman of the New York Yankees, was supposed to speak with federal agents and prosecutors on Friday, March 26, 2010, in Buffalo. Apparently, ARod couldn’t make it.

While there has been rampant speculation of the reasons why the Feds want to question ARod, the media pundits need to do a much better job reading the “tea leaves” of this investigation. We know that the FBI is investigating Dr. Anthony Galea, a Canadian doctor, for allegedly violating US law by illegally distributing controlled drugs like HGH. Given the constant scandal in sports involving performance enhancing drugs (“PED”), no one can be shocked by this development. It is also important to keep in mind that Dr. Galea is also known for performing blood platelet therapies (aimed at speeding the healing process) that are both legal and fairly routine.

We know that federal investigators have met with Carlos Beltran, Jose Reyes (both of the NY Mets) and a host of other athletes in the course of this investigation. In the case of Beltran and Reyes (who were both recovering from surgeries) the interviews appear to be fairly routine in nature. It is also critical to note that the Mets doctors knew that their players were going to see Dr. Galea as part of their treatment.

So why all the stink about ARod?

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If you stubbornly believe, like me, that all individuals should receive “equal justice” and be viewed fairly by the courts, what just happened with Gilbert Arenas is an absolute disgrace.

Imagine if you have a gambling dispute with one of your co-workers. Also imagine that to settle this dispute you brought a couple of unloaded illegal guns to your job or place of business to use to make threats to settle the score. Then when you got caught, you lied about it to the police and tried to cover it up. As a former New York City prosecutor, I can tell you with certainty, you’re going to jail. For how long it would depend on many factors, but either way you’re going to the can, and you should.

Gilbert Arenas plead guilty to committing all of these crimes but only received a 30 day sentence to a halfway house and he will not do any time for these serious felonies. The sentence by D.C. Superior Court Judge Robert E. Morin was over the prosecutors recommendations of 90 days in prison. Apparently, the court felt that Mr. Arenas should get a pass because he was “sorry” and had participated in charities in the past. 

This reasoning is absolute nonsense. Arenas got off on a jail sentence because he is a professional basketball player and a member of the Washington Wizards (the local NBA team). Apparently the judge wasn’t swayed by the dangerous situation of bringing concealed illegal guns (even if not loaded) to a workplace to threaten someone (who may not of known the gun was unloaded by the way). This kind of criminal conduct requires time in jail no matter who you are. No matter how many points you can score. No matter how well you play defense. Remember you or I would be in jail if we committed these crimes and if justice was fairly distributed it, just ask Plaxico Burress.

Image: inboundpass (CC BY 2.0)

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