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NFL court papers say
49ERS CHEATED CAP

Niners' biggest fear, justice, is looming


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March 21, 2000 (NHS) -- After months of mum causing concern among 49er-Haters and proponents of justice that the investigation was dead, it seems that instead the NFL has been quietly getting all its ducks in a row in its case against the 49ers for salary cap fraud.

According to the Minneapolis Star-Tribune, in a brief filed in U.S. District Court on February 29th, the NFL alleged that "the 49ers and certain player agents entered into secret, undisclosed agreements regarding player compensation."

It is the first confirmation that the NFL itself believes the 49ers are guilty of salary cap violations. Up until now, all reports simply said there was an investigation going on -- one we could only assume was of a neutral, fact-finding nature. Only unnamed NFL sources cited by the San Francisco Chronicle disclosed the 49ers' guilt. However, the NFL's latest actions are clearly from the perspective of prosecution, raising the specter that some form of punishment and official declaration of the 49ers' guilt is forthcoming.

That said, the issue of the 49ers' guilt has not been broached officially yet. The court brief containing the NFL's accusation was filed in support of an appeal concerning the threshold legal issue of whether agents can be fined pursuant to the NFL's collective bargaining agreement with the players' union.

But the practical reason the issue has been brought to bear is because of the ongoing investigation into the 49ers' alleged cheating. The NFL is asking for the power to punish agents in general because it intends to fine agents Leigh Steinberg, Jeffrey Moorad and Gary Wichard for their roles in at least three suspected illegal schemes that helped the 49ers around the cap.

Considering the NFL's track record of turning the other cheek to so many cheesy 49ers stunts in the past, it is no surprise that after months of inactivity, many football fans had given up on the investigation. Many chalked this incident up to simply yet another occasion where the 49ers would "get away with it". The hearing, however, shows that the investigation has not been abandoned, it has just been stalled by a legal snafu having nothing to do with the issue of guilt or innocence. The fact that the NFL would go so far as court to iron out the legal issues suggests that it is serious this time and the 49ers are going to get slapped with some sort of penalty.

It took almost a month after the court papers were filed for the media to get around to reporting the matter. That should be no surprise to fans all-too-familiar with the pro-49er flavor of the media. After all, if the investigation concludes the 49ers did cheat, it casts doubt on the very fabric of the precious so-called "49ers dynasty".

See also:

San Francisco Chronicle report claiming the NFL has gathered enough evidence to convict the 49ers for salary cap fraud. Cites owners of other teams as asking for the 49ers to face millions of dollars in fines and to lose draft picks.

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created: March 22, 2000
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