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Eels Salary Cap MK III

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Gronk

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Don't you always look froward to the AFL's perspective of the current dramas in the NRL ?
Of Eels and slippery business

Date May 6, 2016 - 4:25PM

Greg Baum

Chief sports columnist and associate editor with The Age

This week in scandal, it is rugby league's turn, again. The salary cap drama engulfing the Parramatta Eels coincides with a conference in Melbourne on Monday addressing what its organisers from Victorian University are calling the "global crisis in integrity in sport".
One of heavyweight panel is Professor Hans Westerbeek, dean of VU's college of sport. In a recent article, he drew a parallel between sport now and the infamous Medellin cartel in Colombia that exported cocaine around the world in the mid-80s and at its peak was reported to be making $420 million a week. Distilled, Westerbeek says sport is too big, too readily accessible, too far-reaching, too lucrative and too glamorous not to be corrupt. Like the cocaine trade, it rolls over the laws and norms that constrain most other human endeavours.
Another speaker on the bill is Jaimie​ Fuller, chief executive of SKINS, the sports apparel maker, but also a promoter of sport as an agent for inclusion. He tells of a visit to the head of a prominent Melbourne sporting organisation last year to try to impress on him the worth of the "rainbow laces" campaign supporting LGBT people in sport. The man laughed Fuller out of his office, saying no one in sport was interested in "Mother Teresa moments". In other words, sport scorns doing the right thing for its own sake.
Westerbeek sees this spirit at work in the frequently heard commitment to better governance. The Parramatta case says to him that it is a smokescreen. "It's been reported that Parramatta has had 25 directors, six chief executives and four head coaches in the past seven years and they've breached the salary cap in five of the past six years," he says. "Given the latest allegations, it's fair to ask why they are still in the competition at all?"
Some history. In 2001, the Canterbury Bulldogs were sanctioned for salary cap breaches, then in 2006 the New Zealand Warriors, followed in 2010 by Melbourne Storm, who were stripped of all their gains for the preceding three years and prospects for the next. Now Parramatta has been exposed.
Some in rugby league circles think it probable that at least one club has been flouting the rules (as distinct from breaking them marginally and negligently, a frequent occurrence) in every year since the turn of the century. Now, as ever, the silence of the other clubs is deafening. So, for that matter, was the hush around the AFL when the Essendon supplements scandal came to light.
Perversely, Parramatta's penalty is lighter than Storm's. They will lose points for their six wins this season, but as long as they can off-load around $600,000 worth of salary by Friday - which they will achieve by the retirement of one player, injured veteran Anthony Watmough - they will be back in the race.
For this evident disparity, various lame alibis are offered. Storm suffered: wasn't that the idea? The scale was smaller at Parramatta: yes, but only because it was caught sooner. Essentially, this is sport making up its own rules as it goes along, beyond the reach of police or any statutory authority. Medellin, anyone? The only difference is that Medellin systematically broke the law, while sport never has been materially subject to it.
Parramatta has been fined $1 million, which will be quickly recovered from poker machines. Five officials, three board members and two executives are facing the music (paused for now by a court injunction). The 12-point penalty makes finals improbable, but not impossible.
But for the players (other than Watmough), nothing changes. This exercised the mind this week of Dr Matthew Beard, a moral philosopher attached to The Ethics Centre, who asked what was the difference between the players' roles in the Essendon and Parramatta cases. After all, doping and salary cap rorting have the same ultimate purpose, improvement in the stock of players.
The Parramatta players would say, as the Bombers did, that they did not know; it was in the hands of their several managers. They will say, as did the Bombers, that they trusted the club. But what they did not know they at least should have suspected, in both instances. The Essendon players were held responsible for the questions they did not ask. What questions did the Parra players ask, at tax time for instance, about income streams from up to five different sources?
It led Beard to an uncomfortable reflection. In doping law, he notes, ignorance is no excuse. "You're responsible for what goes into your body," he said. "Why not your bank account? Is there a double standard here?" Further, if the Eels players knew they were benefiting from salary cap rorting, ought not they be hit with similar punishments to Essendon? "If not, we need to make a case as to why we're justified in trusting agents, managers and accountants, but not doctors," he said.
Then, twisting it further still, "and if we can't, perhaps we need to rethink our black and white thinking about the responsibility of players who have taken a banned substance".
Obviously, players must have carefully calculated immunity because without them, there is no club, and a lesser competition, and ultimately fewer dollars, and so the modern Medellins make up their rules accordingly. This was the AFL's almost-perfect trick with Essendon – until it was blindsided by WADA.


Read more: http://www.theage.com.au/afl/essend...y-business-20160506-goo80v.html#ixzz47uagI8o3
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The NRL have underestimated the power of the courts and the board's decision to use it. Can you begin to imagine if this comes to a hearing and Seward is issued a subpoena to give evidence? It would be a bloodbath for not only him but the NRL. Conflicts of interest, self incrimination, the reliability of the evidence of a whistleblower et al. There is no way the NRL would want this. That is why the NRL will compromise and settle this with a reduction in penalty. That's how I see it anyway.

I think it's as much the case that they were prepared to try to steamroll the process, hoping that nobody would go to court so early in the process. It was incredibly foolish of them to require that directors re-sign before there was a finding against them. Firstly, because it is fundamentally unjust, and secondly because that was the trigger that allowed any of this to get to court so early.

While the directors will have little trouble accessing the court in terms of protecting their own jobs and interets, the NRL's code of conduct prohibits clubs from challenging the NRL's decisions in the courts (it allows challenges on the basis of process only). The only way to challenge the NRL's decision as to whether or not a particular breach occurred is to challenge the validity of the code of conduct....which may be possible but would be more complicated.
 

Gronk

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The media are slowly turning on the NRL.

Josh Massoud ‏@josh_massoud
So how does @Todd_Greenberg explain backflip on @TheParraEels directors & premiership points? Seems @NRL is under pressure . . .
 

IFR33K

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BTW I heard Jimmy Smith on the radio last night. Some merkin called up and complained that Storm were unable to play for points yet the Eels can. JS pointed out that Storm were $1M over the cap with its current roster when the cap was only $4M. The Eels he said, are $570k over in a $7M cap and it appears that the $570k is an accumulation of past years TPAs which, he hears, some may have been double dipped.

Thanks for keeping it real Jimmy.

Did the NRL ever put the amounts that the Warriors and storms were over by into the following years cap?

It's absolutely bizarre to think they've done this to the eels re tpa's. The NRL cannot change the rules as they go. I'm not sure they have thought about their penalties to well, or they didn't have enough evidence to penalise for this year and just said, "let's include all their tpa's from 2013 till now, into the 2016 cap".

On a side note, could any of the current board be accountable for the 2013 tpas???? And I'm not attempting to start a Roy vs sharp argument. Just raising a valid point.
 

Gronk

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Did the NRL ever put the amounts that the Warriors and storms were over by into the following years cap?

It's absolutely bizarre to think they've done this to the eels re tpa's. The NRL cannot change the rules as they go. I'm not sure they have thought about their penalties to well, or they didn't have enough evidence to penalise for this year and just said, "let's include all their tpa's from 2013 till now, into the 2016 cap".

On a side note, could any of the current board be accountable for the 2013 tpas???? And I'm not attempting to start a Roy vs sharp argument. Just raising a valid point.

Add to that, I can't help but think that the NRL have been cheeky in their comments that the Eels have been $3M over the cap over the past 4 years. Love to see a break down of that.
 
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Did the NRL ever put the amounts that the Warriors and storms were over by into the following years cap?

It's absolutely bizarre to think they've done this to the eels re tpa's. The NRL cannot change the rules as they go. I'm not sure they have thought about their penalties to well, or they didn't have enough evidence to penalise for this year and just said, "let's include all their tpa's from 2013 till now, into the 2016 cap".


On a side note, could any of the current board be accountable for the 2013 tpas???? And I'm not attempting to start a Roy vs sharp argument. Just raising a valid point.

Well, it's not a matter of changing the rules. The 'rules' allow them total discretion in deciding the penalty, and allow them to go 4 years back in time in terms of identifying breaches. There are always going to be multiple differences in the nature of salary cap breaches between different teams, so I don't think there's a lot of point in picking a single aspect of one team's breach and then trying to apply it to a future case. Even if 2 teams have problems related to TPAs, the extent to which those problems reflect deliberate attempts to cheat the cap can be completely different. Our breaches (if they are breaches) will also be viewed in the light of the fact that we were just fined for a stack of breaches last year and had the opportunity to come clean then.
 

Gronk

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Peter FitzSimons has had his say. The last line - ouch.

What it boils down to though is this: as witness the Eels, if you ignore absolutely everything in the Good Book – the NRL's Rules and Regulations on How You Must Run Your Club If You Want To Play – and try to cheat your way to a premiership, you come a cropper like Cain and Abel would recognise. You lose everything! You become a byword for bad, and while in the future the poor will be rich, and the rich will be poor, the lesson of this whole saga is that those who are rich but pretend to be poor enough to fit under the salary cap, will be fined a million bucks and have 12 points taken off them. And yea, verily, it is written, thy season shall be shot to pieces.
And of course Parramatta are shaking their fists at the NRL, saying Why hast thou forsaken us?
They will, it seems, soon be reaching for a real Bible in the court of law, as they pursue their rights under "natural justice," and "due process". We can let the court decide what it thinks. But if the NRL case stacks up, the Eels calling for the law to help them will be seen as the moral equivalent of a flagrant arsonist calling the fire brigade to protect his own home.

Read more: http://www.smh.com.au/sport/the-fit...-of-a-week-20160504-gomeq2.html#ixzz47ufKqQk3
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Starting to now look like the NRL were swayed by the media witch hunt and not the actual evidence.
What we all feared but they must have thought we would just cop the ruling and go away. Well if there figures don't add up they would be much safer to just come back and say they reduce the penalty to 4pts, Watmough retires and we are salary cap clear, ask two board members to spreading rest are cleared and see if we accept that. If the stuffed up and it goes through the courts no one at NRL will be able to keep their job and the costs would be massive.
 

IFR33K

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Obvious the NRL is chasing our directors. But they didn't come into power till may 2013. If they weren't responsible for any tpa's in that year, why are the 2013 tpa's included into 2016 cap. NRL is making some bald decisions without to much thought.
 
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Also have they treated each TPA on its merit of just because they have evidence of a few that we may or may not have helped organise or given kickbacks to have just decided to save time that they will say all are illegal and include all if the last 3 years TPA's in this years cap because we were compliant this year and they wanted to penilize as on the field so the members would put massive pressure on the board to leave or try a oust them.
 

Swiftstylez

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Who cares what Peter FitzSimons has to say? He is a left wing ideologue who has lived in a fairfax and abc echo chamber so long that he honestly believes there are no different opinions than his own. Case and point he could only last one episode on Paul Murray Live before crumbling up in the fetal position.
 
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IFR33K

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Well, it's not a matter of changing the rules. The 'rules' allow them total discretion in deciding the penalty, and allow them to go 4 years back in time in terms of identifying breaches. There are always going to be multiple differences in the nature of salary cap breaches between different teams, so I don't think there's a lot of point in picking a single aspect of one team's breach and then trying to apply it to a future case. Even if 2 teams have problems related to TPAs, the extent to which those problems reflect deliberate attempts to cheat the cap can be completely different. Our breaches (if they are breaches) will also be viewed in the light of the fact that we were just fined for a stack of breaches last year and had the opportunity to come clean then.

My comment about changing the rules was in relation to not adding the storms cap cheating amount into the 2011 season. They have obviously added our amounts into 2016. Maybe I should of worded it differently. My bad.
 
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IFR33K

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Starting to now look like the NRL were swayed by the media witch hunt and not the actual evidence.
What we all feared but they must have thought we would just cop the ruling and go away. Well if there figures don't add up they would be much safer to just come back and say they reduce the penalty to 4pts, Watmough retires and we are salary cap clear, ask two board members to spreading rest are cleared and see if we accept that. If the stuffed up and it goes through the courts no one at NRL will be able to keep their job and the costs would be massive.

Honestly. That would maybe be the best solution to save the matter going further. But how will the NRL save face with the other clubs, fans and media. Seems as thou the tide is turning and soon the NRL will be stuck between a rock and a hard place. :)
 

Gronk

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THE SALARY CAP: FREQUENTLY ASKED QUESTIONS
MADE EASY FOR YOU BY MR TODD GREENSPAN, CEO OF THE NRL AND GOVERNOR OF THE RESERVE BANK.

FAQ. What exactly is the purpose of the salary cap?
GREENSPAN. Thanks for your most FAQ. It's very simple and transparent. The salary cap's first purpose is to stop NRL clubs from spending themselves into bankruptcy.

FAQ. Have Parramatta spent themselves into bankruptcy?
GREENSPAN. No. In fact, they're one of the wealthiest NRL clubs.

FAQ. Its other purpose?
GREENSPAN. To stop wealthy clubs from obtaining an unfair advantage by outspending their opposition on players.

FAQ. Where did Parramatta finish in the years they cheated the cap?
GREENSPAN. In 2015, 12th. In 2014, 10th. In 2013, 16th.

FAQ. So did they obtain an unfair advantage?
GREENSPAN. We've modelled their results if they hadn't been cheating, and believe me, you don't want to see them. But they're also being penalised for this year, when they are every chance of making the finals.

FAQ. This year. Anthony Watmough's retirement brings them more or less under the cap?
GREENSPAN. Correct.

FAQ. How many games has Watmough played?
GREENSPAN. None.

FAQ. So a team for which a permanently injured Watmough cannot play is non-cap compliant and cannot accrue points?
GREENSPAN. Correct.

FAQ. And a team for which a retired Watmough cannot play is compliant and can accrue points?
GREENSPAN. Yes.

FAQ. So what's the difference between a compliant Eels team and a non-compliant team?
GREENSPAN. Nothing. Maybe half a David Gower. But it's the principle. They should be penalised for cheating.

FAQ. Last year, and the two years before that?
GREENSPAN. And this year.

FAQ. But the penalties only apply this year, not the years when the cheating made a difference to the actual personnel on the field.
GREENSPAN. We can take their 2013 wooden spoon away, but other than that, there's nothing to take.

FAQ. You could backdate the punishment and take away all their competition points from 2013, 2014 and 2015.
GREENSPAN. That wouldn't be fair to other clubs. Such as Cronulla and Newcastle, who would lose their wooden spoons from 2014 and 2015.

FAQ. And you couldn't backdate penalties?
GREENSPAN. Well, that would make a mockery of the idea of punishment.

FAQ. (Cough.) Cronulla!
GREENSPAN. (Into sleeve) Bernie, can we check the obstruction on that?

FAQ. Couldn't salary cap breaches operate like playing advantage in a game? As in, you only get penalised if you obtain an actual advantage from your breach, but if it's made no difference to anyone else, just let the game run?
GREENSPAN. Advantage? What's that? Have you watched a game of rugby league lately?

FAQ. Okay, so it's more like the obstruction rule: you penalise regardless of whether or not anyone has obtained an advantage.
GREENSPAN. It's in black and white. (Into sleeve) Thanks Bernie, we'll go to the board.
FAQ. What clubs have been in trouble with their salary cap in the past five years?
GREENSPAN. Dragons and Panthers once each, Tigers and Raiders twice each, Titans and Eels three times each.

FAQ. Has any of those teams obtained any advantage in that time?
GREENSPAN. The salary cap is working well and transparently.

FAQ. Just wondering. Why don't the teams everyone thinks are rorting the cap and win premierships ever get caught? Like, how do the Roosters pick up Sonny Bill Williams, James Maloney, Michael Jennings and Luke O'Donnell in one year? How do those Cowboys players own half the houses in Townsville?
GREENSPAN. We have no evidence of any breaches by those clubs.

FAQ. How do the Broncos, who have 12 internationals and went within seconds of winning the 2015 premiership, get lucky and suddenly pick up James Roberts?
GREENSPAN. We have no evidence.

FAQ. Of a breach?
GREENSPAN. No evidence that James Roberts has signed a contract and is being paid by the Broncos.

FAQ. No evidence?
GREENSPAN. We don't know what his signature looks like.

FAQ. He's the Dally M centre of the year. He's on the field every week.
GREENSPAN. We have no evidence of that. In fact, we have seen a signed affidavit that the Broncos' number 4 is the former Gold Coast football manager Scott Clark.

FAQ. The question remains. Why is it only the battlers who get busted under the salary cap?
GREENSPAN. You forget Melbourne.

FAQ. Ah, Melbourne. They're saying they were punished too heavily, losing two premierships when they did nothing worse than Parramatta.
GREENSPAN. We let them keep their seven Tour de France titles.

FAQ. They're still not happy.
GREENSPAN. We're considering giving them their 2010 World Club Challenge trophy back, to shut them up.

FAQ. But consistency is still the issue, isn't it? Isn't Parramatta's biggest crime not their dishonesty, but their incompetence?
GREENSPAN. In cheating the cap and still finishing down the bottom?

FAQ. No, in getting caught.
GREENSPAN. (Inaudible.)

FAQ. So, to finish: how much is the salary cap, exactly?
GREENSPAN. $6.8 million plus third-party agreements.

FAQ. Which amount to?
GREENSPAN. (Inaudible.)

FAQ. Pardon? Transparent? So how much is it exactly?
GREENSPAN. (Sweating heavily, making obsolete square TV-screen motion.) Can I send that one to the Bunker? Bernie? You there?

FAQ. We're asking the questions here.


Read more: http://www.smh.com.au/rugby-league/...salary-cap-20160505-gonm96.html#ixzz47uucSI2z
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yy_cheng

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If the penalty was $$ and 4 or 6 points, we would've tsken it and continued on.

But thr penalty being so large, of course thry will fight
 

natheel

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Obvious the NRL is chasing our directors. But they didn't come into power till may 2013. If they weren't responsible for any tpa's in that year, why are the 2013 tpa's included into 2016 cap. NRL is making some bald decisions without to much thought.

Why are the 2013-2015 TPAs being lumped into our salary cap at all? Just an absolute and stupid ruling by the NRL to somehow justify hem for taking a mass amount of points off a salary cap compliant side
 
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