nfl decision memo issued to teams

7/31/2019 NFL Decision Memo Issued to Teams

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EXHIBIT C

Case 2:12-cv-01283-HGB-DEK Document 23-5 Filed 07/05/12 Page 1 of 9


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CONFIDENTIAL

NOT FOR PUBLIC DISTRIBUTION

March 21, 2012

MEMORANDUM OF DECISION

IN THE MATTER OF BOUNTY VIOLATIONS BY NEW ORLEANS SAINTS

On March 2, 2012, my office released the findings of a lengthy investigation into the payment of non-

contract bonuses to defensive players of the New Orleans Saints. As summarized in the Confidential

Report issued by NFL Security, our investigation revealed that Saints defensive players and at least

certain defensive coaches operated a "pay for performance" (or non-contract bonus) program during

the 2009, 2010, and 2011 NFL seasons.

League rules have long prohibited payment of non-contract bonuses. This is true whether such bonuses

are referred to as "pay-for-performance" - a cash reward for a "big play," such as an interception,

fumble recovery, or goal-line stop - or a "bounty" - a payment for actions directed at an opposing

player. There is a thin line between the two, and our investigation disclosed that the Saints players and

coaches crossed that line. Their pay for performance program became a bounty system under which

players were rewarded with cash for "knock-outs" and "cartoffs"

_ plays on which an opposing player was forced to leave the game. At times,the bounties even targeted

specific players by name.

In my March 2 memorandum to owners and club presidents, I advised that I intended tohold further

proceedings before imposing discipline on those involved with this program. In the intervening weeks,

our office has conducted further investigation, and I have met, sometimes on multiple occasions, with

many of the key individuals involved. I have also discussed this matter with the leadership of the NFL

Players Association, as well as with individual players.

The ,additional investigation confirmed in all respects the findings set forth in the Security Department's

report. This memorandum will first summarize the principal findings as they relate to the club and the

non-player employees. It will then address the disciplinary and remedial steps that I am directing today.



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The investigation has conclusively established the following:

1. The Saints defensive team operated a pay-for-performance/bounty program during the 2009-11seasons. Under that program, players regularly made cash "donations" to a pool, sometimes in the formof "fines" for mental errors, loafing, penalties, and the like. At least one assistant coach (defensive

coordinator Gregg Williams) occasionally contributed to the pool.

2. Payments were made from the pool for plays such as interceptions or fumble recoveries. Payments

were also made for plays resulting in opposing players having to leave the game due to injury. Inaddition, specific players were sometimes targeted. Our investigation confirmed that bounties wereplaced on four quarterbacks of opposing teams - Brett Favre, Cam Newton, Aaron Rodgers, and KurtWarner. Multiple sources have confirmed that several players pledged funds toward bounties onspecific opposing players. For example, defensive captain Jonathan Vilma offered $10,000 to any player

who knocked Brett Favre out of the NFCChampionship game in 2010.

3.

CoachWilliams acknowledged that he designed and implemented the pay for performance/bountyprogram with the assistance of certain defensive players. CoachWilliams did so after being told bySaints Head CoachSean Payton that his assignment was to make the Saints' defense "nasty." CoachWilliams described his role as overseeing recordkeeping, defining payout amounts, deciding whoreceived payouts, and distributing envelopes containing cashto players who "earned" rewards.

4.

In each of the 2009-2011 seasons,New Orleans was among the top five teams in the league in roughingthe passer penalties. In 2009 and 2011, the Saints were also among the top five teams in unnecessary

roughness penalties; in 2010, the Saints ranked sixth in this category. In the January 16,2010 divisionalplayoff game against the Arizona Cardinals, Saints defensive players were assessed$15,000 in fines forfouls committed against opposing players. The following week, in the NFCChampionship game againstthe Minnesota Vikings, Saints defensive players were assessed$30,000in fines forfour separate illegal

hits, several of which were directed against quarterback Brett Favre.

5.

Coach Williams now acknowledges that when he was first questioned about this matter in early 2010,he intentionally misled NFLinvestigators. In addition, he has acknowledged that he made no effort to

stop the bounty program after he became aware of the league's investigation.

6.

Coach Williams furtherconfirmed that the program continued during the 2010 and 2011 seasons, and

that he occasionally contributed funds to the pool in both of those seasons.

7.



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Assistant Head Coach Joe Vitt acknowledged that he was aware of theprogram in 2009-2011. He

admitted that, when interviewed in early 2010, he "fabricated the truth" to NFL investigators and

denied that any payfor performance or bounty program existed at the Saints.

8.

Coach Vitt said that one of his primary roles was to monitor the activity of Coach Williams. He did so at

the direction of Coach Payton, who apparently had less than full confidence in Coach Williams. Despite

Coach Vitt's knowledge of the bounty program, his understanding of the terms "knockout"

and "cart-off," his witnessing Coach Williams handing out envelopes that he believed to contain cash,

and hisacknowledgement that the defensive meeting preceding the 2010 NFC Championship game may

have "got out of hand" with respect to Brett Favre, Coach Vitt claimed that he never advised Coach

Payton or General Manager Mickey Loomis of the pay for performance/bounty program.

9. A summary prepared following a Saints' preseason game included the statement, "1 Cart-off - Crank

up the John Deer Tractor" in reference to a hit on an opposing player. Similar statements are reflected in

documents or slides prepared in connection with other games. A review of the game films confirms that

opposing players were injured on the plays identified in the documents.

10.When interviewed in 2012, Head Coach Payton claimed to be entirely unaware ofthe pay-for-

performance/bounty program, a claim contradicted by others. Further, prior to the Saints' opening

game in 2011, Coach Payton received an email from a close associate that stated in part, "put me down

for $5000 on Rodgers." When shown the email during the course of the investigation, Coach Payton

stated that it referred to a "bounty" on Green Bay quarterback Aaron Rodgers.

11.ln early 2010, Mr. Loomis advised Coach Payton that the league office was investigating allegations

concerning a bounty program at the Saints. Coach Payton said that he met with his top two defensive

assistants, Coach Williams and Coach Vitt, in advance of their interviews with league investigators and

told them, "Let's make sure our ducks are in a row." Remarkably, Coach Payton claimed that he never

inquired of Coach Williams and Coach Vitt as to what happened in their interviews, never asked them if

a "pay for performance" or bounty program was in fact in place, and never gave any instructions to

discontinue such a program.

12.ln January 2012, Coach Payton was advised by Mr. Loomis that the league office had reopened the

investigation. (This likely occurred following a meeting in New Orleans on January 6, 2012, between

league staff and Saints owner Tom Benson, at which the reopened investigation was discussed with Mr.

Benson.) Coach Payton made a cursory inquiry, but took no action to ensure that any bounty program

was discontinued.



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13.General Manager Mickey Loomis was not present at meetings of the Saints defense at whichbounties were discussed and was not aware of bounties being placed on specific players. Mr. Loomis

became aware of the allegations regarding a bounty program no later than February 2010, when he wasnotified of the investigation into the allegations during a meeting with NFLExecutive Vice President-

Football Operations RayAnderson. He was directed to ensure that any such program ceased

immediately. By his own admission, Mr. Loomis did not do enough to determine if a pay for

performance/bounty program existed or to end any such program that did exist.

14.Mr. Benson notified Mr. Loomis in January 2012 that the league's investigation had been reopened.

Mr. Benson reiterated his position that a bounty program was unacceptable and instructed Mr. Loomis

to ensure that if a bounty program existed at the Saints, it stop immediately. By his ownadmission, Mr.

Loomis responded to this direction by making only cursory inquiries of CoachesPayton and Williams. Henever issued instructions to end the bounty program to either the coaching staff or the players.

lS.There is no evidence that Saints ownership had any knowledge of the pay for performance or bounty

program, and no evidence that any club funds were used for the program. Ownership made clear that it

disapproved of the program, gave prompt and clear direction that it stop, and gave full and immediate

cooperation to league investigators.

Taken asa whole, the record establishes the existence of an active bounty program during the 2009,2010, and 2011 seasons in clear violation of league rules and principles, a deliberate effort to concealthe program's existence from league investigators, and a clear determination to maintain the program

notwithstanding express direction from club ownership that it stop aswell as ongoing inquiries from my

office.

Set forth below is the disciplinary action that I have decided to take in respect of the Saints organizationand the non-player employees whose conduct I have determined to be in violation of league rules and

operating principles. I have not yet decided on what, if any, disciplinary action to take regarding players

who were involved in the bounty program. Those decisions will be made in accordance with the

procedures set forth in our Collective Bargaining Agreement with the NFLPA.

In determining discipline, I am guided by a number of policies and principles. The first is thelongstanding rule against non-contract bonuses set forth in the Constitution and Bylaws. Becauseof the

importance of this rule, clubs are reminded of its provisions every year prior to the start of the season.



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For example, before the2011 season, clubs received a memo citing Sections 9.1 (C)(8) and 9.3 (F) and (G)

of the Constitution and Bylaws, and were expressly advised that:

"No bonus or award may directly or indirectly be offered, promised, announced,or paid to a player for

his or his team's performance against a particular team or opposing player or a particular group thereof.

No bonuses or awards may be offered or paid for on-field misconduct (for example, personal fouls to or

injuries inflicted on opposing players.)" (Emphasis added.)

In addition, a 2007 amendment to the Constitution and Bylaws obligated coaches and supervisory

employees "to communicate openly and candidly with the principal owner and/or his designated

representative; to ensure that club ownership is informed on a complete and timely basis of all mattersaffecting theclub's operations; ... and to avoid actions that undermine or damage the club'sreputationor operating success." (Section 9.3(A)(3)). It is apparent that neither the club's Head Coach

nor the General Manager has complied with the terms of this resolution.

The obligation to supervise the staff is also expressly set forth in Coach Payton's employment

agreement. Coach Payton's contract states that his duties expressly include "the supervision and

direction of the players and coaches." In light of hiscontractual authority and responsibility, Coach

Payton either knew or should have known of the pay for performance/bounty program, as his public

statement of March 7 acknowledged. The findings of our investigation show he failed to discharge hiscontractual responsibilities.

The actionsset forth above clearly violate the Constitution and Bylaws and other league operatingprinciples and constitute conduct detrimental to the league and professional football. The existence of a

pay for performance/bounty program undermined the integrity of the game. These violations werecompounded by the failure of Coach Payton to discharge his responsibility to supervise the players and

coaches and his effort to maintain a posture of "plausible deniability" by (a) failing to inquire into the

facts concerning the pay for performance/bounty program even though he was aware of the league's

inquiries in both 2010 and 2012; (b) falsely denying that the program existed; (c) countenancing and

encouraging the false denials by instructing assistants to "make sure our ducks are in a row"; and (d)ignoring instructions from the league office and club ownership to ensure that no such program existed.



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Mr. Loomis, as he acknowledged, did not respond in an effective way to either the inquiries from my

office or the direction of the club's ownership. Instead, he satisfied himself with only limited inquiries

that neither sought nor obtained an accurate understanding of the facts. As he correctly recognized

when I met with him, he let his club and ownership down.

In addition to the clear and continuing violations of league rules, operating agreements, and principles,

and the decision of club staff to lie to league investigators (or as Coach Vitt put it, to "fabricate the

truth"), bounty programs are squarely contrary to one of the most important initiatives in the league-

the protection of player health and safety. Our game is undeniably a physical one. There are collisions

on every play. Every player and coach understands that injuries are a part of professional football, as

they are in all contact sports. But there is no

place in the NFL for deliberately seeking to injure another player, let alone offering a reward for doing

so. And while I do not address player conduct today, I am profoundly troubled by the fact that players -including player leaders - assisted in the development of thisprogram and so enthusiastically embraced

and participated in it. A bounty program is irreconcilable with our commitment to create a culture of

sportsmanship, fairness and safety, and has no place in our game.

Finally, and consistent with prior decisions I have made, I believe that it is appropriate to impose

discipline on the club, even though ownership was not aware of the bounty program, made c1earthat it

disapproved of any such program and gave clear direction that it stop, and gave full cooperation to our

investigation. I believe, and have frequently expressed the view, that clubs - meaning ownership - are

responsible for the conduct of their employees, particularly when, as here, those employees are at the

highest levels of the organization.

Based on this record, I have determined to impose the following discipline:

1. The New Orleans Saints are fined $500,000. A check in this amount is to be sent to the attention of

Joe Siclare, the league CFO, no later than March 31, 2012. In addition, although our investigation has not

disclosed evidence that would permit a definitive finding of competitive effects, because the

violation involves a competitiverule, the Saints will also forfeit their selections in the second round of the

2012 and 2013 NFL drafts.

2.

Saints HeadCoach Sean Payton is suspended without pay for the 2012 NFL season, effective April 1,

2012.



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3.

Saints General Manager Mickey Loomis is suspended without pay for the first eight regular season

games of the 2012 NFL season and fined an additional amount such that the fine and forfeited pay will

together total $500,000. Unless other arrangements satisfactory to me are made, this additional amount

will be withheld in equal installments from Mr. Loomis's pay beginning on April 1, 2012, with the full

amouht to be paid no later than the end of the 2012 season.

4.

Former Saints (and current St. Louis Rams) defensive coordinator Gregg Williams is suspended

indefinitely from further employment in the NFL, effective immediately. I will review Coach Williams'

status at the conclusion of the 2012 NFL season, and will consider at that time whether, and if so on

what terms, to reinstate him.

5.

Saints assistant head coach Joe Vitt is suspended for the first six games of the 2012 season and fined an

additional amount such that the fine and forfeited pay will together total $100,000. This additional

amount will be withheld in equal installments from Mr. Vitt'spay beginning on April1, 2012, with the full

amount to be paid no laterthan the end of the 2012 season.

6.

Each of these individuals, as well as the Saints organization, will be expected to cooperate with my office

in respect of any further proceedings in this matter. In addition, each is expected to participate in efforts

led by my officeto develop programs that will instruct players and coaches at all levels of the game on

the need for respect for the game and those who participate in it, on principles of fair play, safety, and

sportsmanship, and to ensure that bounties will not be part of football at any level.

I am also directing that each principal owner meet with his head coach and

(i) confirm after due inquiry that his club does not operate any program of pay for performance,

bounties, or other non-contract bonuses, (ii) instruct his coach that any such program violates league

rules and operating agreements and is impermissible, and (iii) ensure that if such a program exists, it is

terminated immediately. Each principal owner and head coach shall file this certification byMarch 30,

2012, using the form provided for that purpose. Going forward, the annual certifications required of

each club under the Integrity of the Game Policy will be modified to include specificreferences to non-

contract bonuses, including bounties and pay for performanceprograms. This prohibition of pay for

performance programs includes not simply bounties of the kind identified here, but any form of non-



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contract bonus payment. We are all accountable for ensuring adherence to these rules and for

promoting integrity and safety in our game.

I do not presently intend to impose sanctions on other clubs where Coach Williams was employed and

where bounty allegations have been made. While our staff has interviewed people in connection with

allegations of bounty programs at other clubs, we have not established evidence showing that the

programs at other clubs involved targeting opposing players or rewarding players for injuring an

opponent. The inability to determine the precise nature of the conduct at other clubs and the

responsibility of the individuals involved, combined with the significant sanction imposed today on the

common actor (CoachWilliams), make it unnecessary presently to consider discipline on other clubs or

employees. If additional information comes to my attention that discloses specific bounties offered for

injuring specific opposing players, I will revisit this matterand consider whether additional discipline is

warranted.

The Saints and each of the disciplined individuals may appeal this decision by advising me in writing of

their wish to do so. Any notice of appeal must be received no later than April 2, 2012. If a timely appeal

is noticed, Iwill schedule a hearing at which I will preside and the club or individual may present

evidence or argument in support of the appeal.

At a later time, I will address the question of sanctions for players and others involved in the Saints

bounty program. Any sanctions will be imposed consistent with the provisions of the Collective

Bargaining Agreement. Whatever decision is ultimately made, I remain deeply troubled by whatoccurred here. While all club personnel play to win the game, they must not let the quest for victory so

cloud their judgment that they willingly and willfully engage in conduct on the field intended to injure

fellow players.

ROGERGOODELLCommissioner


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