From Larry Coon's exceptional
Salary Cap FAQ:
"Tampering is when a player or team directly or indirectly entices, induces or persuades anybody (player, general manager, etc.) who is under contract with another team to negotiate for their services." (emphasis mine)
That's an extremely low threshold for misconduct, wouldn't you agree? When I read that, I asked myself "How do you build a competitive team and
not tamper?" When you consider that the penalties for doing it (or rather, being
caught doing it) are still pretty minor, then where is the disincentive? Two and a half million in fines for a first-time offender? For a team with a $70+ million payroll? Don't make me laugh. The worst that can possibly happen is the team in question forfeits a draft pick or the new player contract is voided. Care to guess how often that's happened? Yeah, exactly. It's all right there in the
Collective Bargaining Agreement.
But arguing that "Orlando would have argued for tampering before an arbiter if it had existed" is a pretty specious argument. Cause for any claim can
always exist, even though no case has been brought (i.e. you cannot disprove a negative). In fact, in jurisprudence, there are statutes of limitations that deal with this exact problem: people find out that something was amiss, or new evidence comes to light, etc., but it's too late--they already had their window to do something about it. What's done is done.
Plus, there wouldn't have been much point for Orlando to pursue this anyway. The best that they could have realistically hoped for would be penalties imposed upon L.A. and some financial compensation--NOT specific performance by O'Neal in Orlando on his existing contract. In other words, if O'Neal wanted out, he could not be
forced to play for Orlando against his will. There is no such thing as indentured servitude in this country any longer, and by law you CANNOT get specific performance on a service contract. You can fine, fine, fine these guys, but they can still sit back and laugh and then sign with another team anyway. Such is the power of money.
INTERESTING TIDBIT: Also, according to the Collective Bargaining Agreement, publicly demanding to be traded has been against the rules for
years now. It's just that a great many NBA players have both contempt for the rules they're supposed to abide by and plenty of money to pay fines. (I'm looking at mother effing
you, Marion and Kidd!)
CYNICAL SIDENOTE: Oh, and if you thought that NBA players really care about "helping the community" with those "NBA Cares" TV spots, hospital visits, and so on, I just want to cynically point out that
they are contractually obligated to do it.