Devils fined and have 2 draft picks taken

[egroen 384]

Is it possible for the Devils to argue this punishment? This seems in no way fair to them. They certainly aren't the first team to circumvent and the NHL pretty much agrees with that assessment based on their looking into Luongo's and Hossa's contracts, as well as the fact that the amended rules go against multiple players' contracts throughout the league (which are being grandfathered in, apparently). If punishments are going out, why only the Devils? If you can't rightfully justify punishing all teams that circumvented the cap (which you can't) then don't punish anyone.

No, once the arbitrator deems it cap circumvention the commissioner has sole discretion to hand out the punishment... Which is binding and cannot be appealed.

Can you imagine Bettman's reception in New Jersey were the Devils to win the Cup? Lol

[VM1138 1,921]

I think this is bulls***, why would they "approve" the contract then fine the team afterwards!

Talk about a mixed message.

No kidding. It's really shady to punish a team after approving the contract. Leave it to the NHL to do something like this.

And, like someone already mentioned, the Devils didn't actually break any established rules. Where I'm from you can't be convicted for something that wasn't a crime when you did it.

Edited September 14, 2010 by VM1138

[mmamolo 287]

Whether ppl agree with how badly Jersey was penalized or not it does make sense that they were penalized in some fashion. Jersey can claim innocence (just like other teams who signed similar deals) but the intent to circumvent the cap was always there. When the arbitrator ruled in favour of the NHL there was now a third party who agreed and made it legally binding. For those who are confused as to the difference between the first Kovalchuk contract and the second take a look at the salary breakdown and you'll see how big a difference there truly is. The NHL had the right to penalize the Devils because once the arbitrator ruled in their favor it was clear that the Devils attempted to break the rules but they got caught before they got away with it. It's no different than an Olympian being got doping before competing in an event. They'd still be punished. It's not like someone gets caught trying to cheat but because they didn't actually go through the physical act of cheating yet that there's no harm/no foul yet. In the minds of the NHL AND the arbitrator the New Jersey Devis attempted to circumvent the cap and essentially 'cheat' and therefore could be punished.

We can all sit here and debate the severity of the punishment, just like we do anytime a suspension is dished out in this league, but we'll never all agree. All I'll say on the matter is that I don't think it's logical to take draft picks away when what jersey did was try to manipulate the cap. If a team tries to gain an advantage in a game you penalize them in the game. A trip in a game causes a two minute penalty in a game. So if Jersey tries to gain an advantage in the cap, you penalize them in the cap. I would have rather seen a cap penalty of an arbitrary amount of money.

[toby91_ca 620]

No kidding. It's really shady to punish a team after approving the contract. Leave it to the NHL to do something like this.

And, like someone already mentioned, the Devils didn't actually break any established rules. Where I'm from you can't be convicted for something that wasn't a crime when you did it.

I don't understand, they did break the rules, they tried to circumvent the cap, which is against the rules of the CBA. There is no black and white rules regarding length of contract, etc., but lawyers will always find loopholes, etc., which is why the general rule regarding circumvention was added. It's not black and white because it can't be. You can close the Kovy contract issue with a black and white rule, but another lawyer will come up with another way.

[toby91_ca 620]

Here is my major question: Is the punishment a result of the original 17-year contract, or are they being punished for the 15-year contract? I disagree with this punishment because:

1. If the Devils are being punished because of the original contract that they offered Kovalchuck, they should not be penalized because they did not go through with it after the NHL stepped in. The contract was taken away, so therefore no rule was broken. If the league told them that they would not allow the contract and the Devils went and did it anyway, then I can see them being punished. But they shouldn't be punished for something they did not follow through with. (Of course this is the NHL so maybe "intent to sign a contract" actually means that it counts)

2. If the punishment is a result of the new 15-year contract, then how can the NHL punish them if they approved it? Here, no rule was broken either because the NHL allowed this.

I know $3 million is not a lot of money for a hockey organization, but the draft picks will really hurt because some of their players are getting up there.

So, if I understand your issue correctly, you are saying that they shouldn't be fined for a contract that did not go through and they shouldn't be fined for a contract that was approved? In that case, there would never, ever be a scenario where they could be fined, does that make sense?

The rule in the CBA is that you cannot try and circumvent the cap, if you do, the NHL will not approve the contract and you may be subject to fines and forfeiting of draft picks. This is exactly what happened. The only reason they didn't go through with the original contract is because the NHL didn't allow it. They structured and had a contract signed that circumvented the cap, the league didn't approve and they got fined and lost draft picks. This came as no surprise to anyone. Everyone knew this was coming the day the league didn't approve the contract (pending arbitration of course).

Apparently, there must have been some communication between the Devils and the league before the original 17 year deal was signed because I heard that the league warned them not to go ahead with such a deal and they went and did it anyway. That probably plays a little bit into the punishment. The Devils may have takent the league's warning under advisement but felt they could get through arbitration should they not approve. They lost that gamble.

Keep pissing people off Gary! The more people you screw around with, the more people don't like you, and you're looking for another job.

Today I heard on the FAN590's Center Ice with Greg Brady, Doug MacLean, and Nick Kypros, Bettman is going to try and get rid of guaranteed contracts.

Gary's bosses (owners) love him and think very highly of him. I doubt he's pissing his bosses off here. Essentially, the cap is meant to keep player salaries under control (limited the owner's expenses, make the business more profitable to them). This move helps keep those salaries under control, not sure why the owners would not like this.

[Rivalred 630]

All of this is making me wonder if more happened than the Devils and the NHL is letting on, just a thought.

The whole length and money of the 1st contract was BS, the 2nd one is really not any better, the whole I want to play for NJ yet I give you X amount of days to decide or otherwise I am going to the KHL, blah blah blah.

Not positive, but there was "talk" on when Hossa signed his deal that he was going to retire early or something along those lines. League looked into that.

Maybe the NHL is just getting effing tired of being yanked around to some degree (not taking their side here) and is making an example out of them.

Let NJ have Kovy and his stupid contract so we do not lose him to the KHL, but it will cost ya while basically saying to all the rest of the teams, do not pull this kind of crap and if you do it, see what will happen

Edited September 14, 2010 by Rivalred

[chrisdetroit 189]

Really? I thought the Hawks would. And then at the lottery their fans will be there chanting, "DETROIT SUCKS! DETROIT SUCKS!"

That brings up an interesting question. What team is going to be Bettman's favorite now? First we had the Pens, then the Hawks. Who is next?

[henrik40 76]

I'd hate this if I was a Devils fan, but because it's them and they made me bawl my 9 year old eyes out in 1995, it's funny. Really though, I thought if he was going to punish them it would have been soon after the arbitrator's ruling and not after they approved a revised contract. Bettman did have to set a precedent though. 3 million and 2 draft picks will make GMs think before submitting a contract for league approval.

[Barrie 900]

Gary's bosses (owners) love him and think very highly of him. I doubt he's pissing his bosses off here. Essentially, the cap is meant to keep player salaries under control (limited the owner's expenses, make the business more profitable to them). This move helps keep those salaries under control, not sure why the owners would not like this.

On the FAN590 today they were talking to someone from New York. He said he wouldn't be surprised if there's an Owners revolt against Bettman before the next CBA. Bettman has his supporters, but there's a growing number of small markets and big markets who don't like him and his CBA. They're realizing they were in better financial shape before the lockout. Also some Owners are realizing too that Bettman has to much power.

This could get interesting. Lou Lamoriello was one of the GM's who helped write up the current CBA, and isn't happy with the fine... Personally I think this whole Kovalchuk thing is the beginning of the end for Bettman. Also I think Donald Fehr is really going to expose the CBA in the next negotiation.

I'll go on record and say by the next CBA, Bettman will be out and there will be a Luxury Tax system in place.

[edicius 3,269]

In Lou, they trust(ed), I guess.

[Z Winged Dangler 2,082]

the 15 year deal should have been turned down too. the devils should have only been able to sign kovy for max 13 years ending at age 40. the devils are lucky that kovalchuk isn't signing with a different team right now, or the KHL. when will the NHL get it right and say what's allowed. black and white, no grey area.

[Lovin Jiri Fischer 147]

All of this is making me wonder if more happened than the Devils and the NHL is letting on, just a thought.

The whole length and money of the 1st contract was BS, the 2nd one is really not any better, the whole I want to play for NJ yet I give you X amount of days to decide or otherwise I am going to the KHL, blah blah blah.

Not positive, but there was "talk" on when Hossa signed his deal that he was going to retire early or something along those lines. League looked into that.

Maybe the NHL is just getting effing tired of being yanked around to some degree (not taking their side here) and is making an example out of them.

Let NJ have Kovy and his stupid contract so we do not lose him to the KHL, but it will cost ya while basically saying to all the rest of the teams, do not pull this kind of crap and if you do it, see what will happen

Hmmm...poor NHL. Get rid of the cap then.

[Guest CaliWingsNut]

Guess they are looking for a 1st and a 3rd for whomever they decide to trade.

[toby91_ca 620]

when will the NHL get it right and say what's allowed. black and white, no grey area.

That's impossibe. Sure, they could come up with something using Kovy's contract terms and make a black and white rule on length, age, etc., but there will always be some other scenario a smart lawyer will come up with for which no black and white rule exists.

[Louisville 112]

Fine, but who gets to punish the NHL for being completely mismanaged?

[Guest scottj]

k, so i went to the official devils website and read a story and it told it like new jersey was agreeing to this punishment to allow kovalchuck to be signed...???

i dunno

:beerbuddy:

[BigWillieStyle 662]

I don't fully understand this whole deal at all. It seems to me like Lamirello put that first contract, in all of it preposterousness, up on a tee for the league to take a swing at. I really don't understand why he would turn in a contract like that for review, unless there was motive behind it. Knowing that he was one of the authors of the CBA's circumvention wording, you would think that he fully understood the ramifications of such a contract. The only thing that I can think of, is that he took one for the league, so as to open up the contract with the NHLPA and put a more concrete definition to the vagueness of the wording around these front loaded long term contracts that teams are using to fit superstars under their salary caps.

It seems as if Bettman should be rewarding Lou, instead of punishing him. I have a feeling that upon another appeal, that the picks will be returned, and the fine will be increased a few million. Or reduced. Not really sure on that one.

I'm still in shock that someone is going to get paid $100,000,000 to play hockey for a living.

[toby91_ca 620]

I'm still in shock that someone is going to get paid $100,000,000 to play hockey for a living.

What's Ovechkin's contract something like $125 million?

[Guest CaliWingsNut]

I'm still in shock that someone is going to get paid $100,000,000 to play hockey for a living.

You should look at some other professional sport star salaries then. Start with soccer, NFL, and MLB.

[crotty99 302]

I wonder if this will create any sort of animosity towards Kovy within the playing group. The devils went through so much to get him, he better perform thats for sure.

[cusimano_brothers 1,655]

From TSN :

NHL player agent Ian Pulver, speaking on Off The Record with Michael Landsberg on Wednesday, disagreed that Ilya Kovalchuk's original 17-year, $102 million contract should have been rejected by the NHL.

...

...

Pulver and Grossman appeared on OTR and discussed the deal that was rejected and which cost the New Jersey Devils a $3 million fine from the NHL and the loss of two draft picks for circumventing the salary cap.

...

Also: Grossman's sister was born at Madison Square Garden during a Rangers playoff game.

[cusimano_brothers 1,655]

From TSN :

Ilya Kovalchuk was back among his New Jersey Devils teammates Friday, trying hard to put a tense summer of contract negotiations, league rejections and renegotiations behind him.

It may be tougher than it seems.

Kovalchuk took pains to separate himself from the punishment the NHL levied on the Devils stemming from the league's rejection of his original 17-year, US$102-million contract -- the $3-million fine and the loss of a third-round draft pick this year and a first-rounder in one of the next four seasons.

"It's always bad when your team is penalized," Kovalchuk said. "But that's the relationship between the general manager and the league. What are you going to do?"

When asked if the NHL's punishment was fair, Kovalchuk replied, "No. But that's reality."

...

His attitude doesn't surprise me at all.