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Tuesday, October 22, 2013
NFLPA hands out discipline to agent

By Jeff Legwold
ESPN.com

ENGLEWOOD, Colo. -- Elvis Dumervil's former agent, Marty Magid, has been disciplined by the NFL Players Association for his part in the fax snafu that led to the Denver Broncos releasing Dumervil in March.

In a statement Tuesday, the NFLPA said Magid was fined $25,000 and suspended as a certified contract adviser for six months. The NFLPA said Magid was punished for "committing actions that adversely impact his ability to serve as a Certified Contract Advisor and for being in violation of provisions of the NFLPA Regulations Governing Contract Advisors.''

Magid's attorney, David Cornwell, doesn't believe the punishment will hold.

"The NFLPA's imposition of discipline is ill-advised and its announcement of discipline before Marty exhausts his appeal rights is indefensible," Cornwell said in a statement. "The NFLPA knows discipline is stayed pending the appeal and trying to circumvent the appeal process with a premature announcement of discipline is unconscionable. Marty will appeal. Marty will win. The discipline will not stand. The NFLPA made general and unsupportable assertions of negligence against Marty and then ignored or created facts to support its disciplinary decision. Marty represented Elvis Dumervil's interests effectively and consistent with the standards imposed on him by the NFLPA's agent regulations. We are confident our arbitrator will agree."

The NFLPA also left the door ajar for any future action against the Broncos, perhaps a grievance proceeding or other legal action, by adding that the punishment handed down on Magid by the union's Committee on Agent Regulation and Discipline "does not foreclose action the NFLPA may take against the NFL club for its conduct, which may have violated the Collective Bargaining Agreement and Dumervil's rights under the CBA.''

Internally, the Broncos have kept a pile of documents, including time-stamped emails and phone records that reconstruct the chain of events that led to Dumervil's release. Privately, team officials said Tuesday that they didn't expect any additional action toward the organization.

The Broncos had no official comment Tuesday.

Dumervil, who later signed a five-year, $26 million deal with the Baltimore Ravens that included up to $7 million of additional incentives over the life of the contract, was released by the Broncos after a signed copy of a renegotiated contract did not arrive by fax before a league-imposed deadline to start the new league year.

Dumervil originally had a $13 million salary guarantee in place that would have gone into effect at 2 p.m. Mountain time March 15. After days of back-and-forth negotiations before the deadline on a renegotiated deal with the team's goal to lower Dumervil's salary-cap figure significantly and Dumervil wanting to instead move money around, the Broncos imposed a 1 p.m. deadline on March 15 for Dumervil to take the Broncos' last proposal.

Broncos executive vice president of football operations John Elway has said on several occasions since that the 1 p.m. deadline for Dumervil and Magid was in place specifically to give the two sides time to handle any paperwork issues before the league deadline.

At 1 p.m. Mountain time March 15, Magid informed the Broncos that Dumervil had rejected the proposal because, at the time, Magid said the Broncos had changed some of the terms on the guaranteed money. And as the Broncos began to start Dumervil's termination paperwork, Magid informed the team at 1:25 p.m. that Dumervil had a change of heart.

With Dumervil, who was in Miami at the time, in search of a fax machine in order to sign the new deal, Magid has publicly contended on several occasions that, after a late change to one figure in the renegotiated deal, Dumervil signed the deal and faxed it back to the Broncos at 1:53 p.m.

The Broncos said, however, the paperwork didn't arrive until 2:06 p.m., six minutes after the deadline. So, with no paperwork in hand on a new deal as the deadline approached, the team simply released Dumervil, who was the NFL's sack leader in 2009 and had been named to three Pro Bowls with the Broncos.

The two sides tried to make a new deal in the days after his release, but by then, Dumervil had fired Magid, hired Tom Condon and took slightly less money than the Broncos had offered in their last renegotiation proposal to sign with the Ravens. Dumervil is currently tied for 11th in the league with 5.5 sacks this season.