Fins Down: How Tanking Could Sink Miami Dolphins Owner Stephen Ross
Photo Source: MGoBlog, IMG_2057.jpg, Flickr (Oct. 28, 2012), (CC BY-NC 2.0P).
By: Michael Slights* 04/07/2022
Stephen Ross is in trouble.[1]
A recent lawsuit filed against the Miami Dolphins owner by a former coach revealed the startling allegation that during the 2019 NFL season, Ross offered to personally pay the coach $100,000 for every loss the team was able to secure.[2] If the idea of Ross paying for the Dolphins to lose – in essence, acting against the interest of himself and his team – strikes you as odd, perhaps it shouldn’t.[3] As the lawsuit alleges, Ross was engaged in the all-too-familiar practice of “tanking” his team’s season.[4]
Tanking is the process of purposefully losing games in order to secure a future benefit.[5] For NFL teams, the benefit is usually a higher pick in the upcoming NFL Draft.[6] However, tanking is a problematic practice within the league.[7] As league reporters have noted, it “directly assaults the integrity of the game.”[8] Accordingly, if the tanking allegations against Ross are true, he could face serious penalties from the NFL and the criminal justice system.[9]
Will the Owners Take Action?
Shortly after the tanking allegations were levied, NFL Commissioner Roger Goodell released a statement in support of Ross.[10] In it, Goodell claimed the tanking accusations were “without merit” and that the league would take steps to defend the Dolphins owner.[11]
The support did not last long.[12] A few days later, Goodell abruptly changed his tune and launched a league-backed investigation into Ross’s alleged tanking attempts.[13] Although the investigation is ongoing, credible reports suggest the investigation will conclude that Ross did attempt to pay for losses.[14]
Ross, for his part, reportedly knows this outcome is likely.[15] The embattled owner, who at one point was “eager to defend” his “personal integrity” against the allegations, now plans to claim he made the offers as a joke.[16]
It is likely that Goodell will not find the joke to be funny.[17] If the investigation does, in fact, confirm the allegations to be true, Ross and the Dolphins will face serious penalties from the league.[18] These penalties could include, but are not limited to, massive fines and lost future draft picks.[19]
Additionally, Ross finds himself in grave danger of being removed as Dolphins owner.[20] As Goodell recently reaffirmed, NFL owners have the authority to remove another owner from the league.[21] Such a removal is rare, but not unprecedented.[22] To do so requires a three-fourths vote among the other thirty-one owners.[23] Given the seriousness of the allegations against Ross, it is possible – if not plausible – the other owners could take this action.[24]
What’s more, although Ross has legitimate cause for concern over league sanctions, he should also be uneasy about his potential exposure to criminal liability.[25] If the allegations against him are proven true, state and federal prosecutors will likely be eager to speak with him.[26]
The Dark Cloud of Criminal Investigation
The Sports Bribery Act criminalizes the conduct Ross allegedly engaged in under federal law.[27] In sum, the statute outlaws individuals from influencing the outcome of sporting contests by way of bribery. Under the law, it does not matter if the bribery offer is accepted; simply making the offer is enough to subject an individual to criminal liability.[28] If the league investigation proves the tanking allegations to be true, Ross will have violated federal criminal law.[29]
On the other hand, even if Ross does manage to escape federal criminal penalty, he still must worry about liability at the state level.[30] As a state that plays host to substantial sports activity, Florida has “legislated more comprehensively” in the area of sports-related criminal law.[31] For example, Florida has enacted a sports bribery statute that extends criminal liability to “. . . owners . . . having any direct, indirect, remote, or possible connection with [manipulating] a team or match participant.”[32] The statute goes beyond influencing the outcome of the game and criminalizes attempts to simply alter the course of play.[33] Thus, Florida prosecutors could take an interest in Ross’s offer of financial incentive to lose games, as well. [34]
Running from the League and the Law
As with any lawsuit, the allegations made against Ross detail only one side of the story.[35] There remains a chance the Dolphins owner will remain a part of the league and avoid any criminal liability.[36] But as he senses the walls closing in, only one can conclusion can be reached.[37]
Stephen Ross is in trouble.[38]
*Staff Writer, Jeffrey S. Moorad Sports Law Journal, J.D. Candidate, May 2022, Villanova University Charles Widger School of Law.
[1] See Patrik Walker, Brian Flores Lawsuit: Dolphins’ Stephen Ross Could Lose Team if Tanking Allegations Proven True, per Report, CBS Sports (Feb. 14, 2022, 10:06 AM), https://www.cbssports.com/nfl/news/brian-flores-lawsuit-dolphins-stephen-ross-could-lose-team-if-tanking-allegations-proven-true-per-report/ (detailing allegations against Ross).
[2] See id. (detailing Feb. 2022 lawsuit filed against Ross by former Miami Dolphins head coach Brian Flores, who alleged “[R]oss offered as much as $100,000 for every loss the team landed in 2019.”).
[3] See Mike Florio, Tanking Allegation Could Take Down Stephen Ross, Pro Football Talk (Feb. 1, 2022, 7:18 PM EST), https://profootballtalk.nbcsports.com/2022/02/01/tanking-allegation-could-take-down-stephen-ross/ (detailing Ross’s plan to lose in order to secure higher spot in upcoming draft).
[4] See Walker, supra note 1 (outlining tanking allegations).
[5] See Ryan Riddle, Why NFL Teams Don’t Tank for a Better Draft Position, Bleacher Rep. (Dec. 27, 2014), https://bleacherreport.com/articles/2311552-why-nfl-teams-dont-tank-for-a-better-draft-position (defining practice of tanking).
[6] See id. (describing benefit of “. . . a brighter, more promising future [for tanking NFL teams].”).
[7] See Florio, supra note 3 (“[Tanking] directly assaults the integrity of the game, and in an era of legalized gambling it can’t go ignored or unpunished.”).
[8] See id. (describing problems with tanking).
[9] See Mike Florio, Storm Clouds Gather for Stephen Ross, Pro Football Talk (Feb. 14, 2022, 2:40 PM), https://profootballtalk.nbcsports.com/2022/02/14/storm-clouds-gather-for-stephen-ross/ (noting league sanctions could be “least of” Ross’s concerns if prosecutors look at his case).
[10] See Walker, supra note 1 (noting Goodell’s initial support for Ross).
[11] See id. (highlighting league’s initial reaction to tanking allegations).
[12] See id. (noting Goodell’s “definitive about-face” over tanking allegations).
[13] See id. (describing league investigation “into claims Ross was attempting to pay for losses”).
[14] See Florio, supra note 9 (“There’s a belief that the league’s investigation will conclude that Ross did indeed make the offer [to tank].”).
[15] See id. (“Ross apparently knows [he is in trouble].”).
[16] See id. (“Already, there’s a sense emerging that Ross will claim he was joking.”).
[17] See id. (“I doubt Goodell will have any sympathy for that defense.”).
[18] See id. (“If the allegations are proven, it won’t be good for Ross.”).
[19] See Walker, supra note 1 (noting possible penalties for Ross).
[20] See id. (describing potential ownership loss as penalty).
[21] See id. (quoting Goodell saying, “I do believe that clubs do have the authority to remove an owner from the league”).
[22] See id. (noting former Carolina Panthers owner Jerry Richardson’s removal after racial slurs, sexual harassment allegations).
[23] See id. (detailing requirement for ownership removal).
[24] See id. (“Given the accusations [against Ross], it is entirely possible [he is removed].”).
[25] See Florio, supra note 9 (noting potential for criminal sanctions.)
[26] See id. (“If/when an ambitious prosecutor with jurisdiction over the matter [begins] poking around, Ross could be indicted.”).
[27] See Mike Florio, Stephen Ross, Jimmy Haslam Could Be Prosecuted for Violating the Sports Bribery Act, Pro Football Talk (Feb. 2, 2022, 2:47 PM EST), https://profootballtalk.nbcsports.com/2022/02/02/stephen-ross-jimmy-haslam-could-be-prosecuted-for-violating-the-sports-bribery-act/ (describing potential for criminal liability).
[28] See Florio, supra note 27 (“Based on the language of the statute, it doesn’t matter whether the offer is accepted.”)
[29] See id. (“The mere offer of $100,000 to Flores, without more, would constitute a violation by Ross.”)
[30] For further discussion of potential criminal liability, see infra notes 32-35 and accompanying text.
[31] See Jodi S. Balsam, Criminalizing Match-Fixing as America Legalizes Sports Gambling, 31 Marq. Sports L. Rev. 1, 20 (2020) (describing efforts undertaken by Florida to expand sports-related criminal statutes).
[32] See id. (describing Florida bribery law); see also Fla. Stat. Ann. § 838.12 (West 2022).
[33] See id. (noting expansiveness of Florida statute).
[34] See Florio, supra note 9 (noting prosecutor with “jurisdiction” over Ross’s actions could indict him).
[35] See Barry Jackson, Attorneys: Claims Against Ross Could Lead to Criminal Investigation, Dolphins Punishment, Miami Herald (Feb. 6, 2022), https://www.miamiherald.com/sports/spt-columns-blogs/barry-jackson/article257943473.html (highlighting claims in lawsuit have not yet been substantiated).
[36] See id. (noting ongoing investigation into allegations).
[37] See Florio, supra note 9 (noting Ross’s awareness of potential punishment coming his way).
[38] See Walker, supra note 1 (providing overview of Ross controversy).
