Pats file tampering charges against Texans

Mugsy's Jock

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Yeah, this is why I have to believe the situation is more complicated than just “Caserio wants to be Texans GM and the Pats won’t let him leave.”

And even if the Pats were trying to do that, I suspect Caserio’s response would simply be to resign, join the Texans and then effectively say “try to enforce my contract in court.” The Pats would sue and then there would be some settlement with some form of compensation going from Houston to New England. The fact that hasn’t happened is further proof the situation is more complicated.
I don't expect the league would be enthusiastic about the Texans suing the Patriots. Owner and league peer pressure makes that a non-starter for non-Davis owners.

Caserio resigning and sitting the year out and joining the Texans net year could be a possibility I suppose, but that seems like a lot of cutting off noses and spiting one's face on all sides.
 

OurF'ingCity

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I don't expect the league would be enthusiastic about the Texans suing the Patriots. Owner and league peer pressure makes that a non-starter for non-Davis owners.

Caserio resigning and sitting the year out and joining the Texans net year could be a possibility I suppose, but that seems like a lot of cutting off noses and spiting one's face on all sides.
Ok maybe there would never be a formal lawsuit but the point is I think if Caserio wanted to be the Texans’ GM this year, I think all parties involved would find a way to work things out. As others have said, the alternative is to have Caserio as a lame duck at the Pats who might be spending more time watching the Texans than the Pats.
 
Apr 24, 2019
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I’m not sure why anyone assumes Caserio would have final day in Houston. O’Brien has been through, what THREE GMs? I don’t see Caserio having much more say there than he does here.
 

Eddie Jurak

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Ok maybe there would never be a formal lawsuit but the point is I think if Caserio wanted to be the Texans’ GM this year, I think all parties involved would find a way to work things out. As others have said, the alternative is to have Caserio as a lame duck at the Pats who might be spending more time watching the Texans than the Pats.
Pats filed tampering charges, Texans walked away, Pats dropped their tampering charge. My guess would be that if the Texans were willing to give up draft pick compensation, the Pats would have released Caserio from his contract. (With Belichick, everything has its price - in this case a price the Texans were unwilling to pay.

As for what the Patriots could give Caserio to entice him to stay, that would depend on whether Belichick has any intention of retiring after the season, which seems unlikely but possible.
 

mauf

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Pats filed tampering charges, Texans walked away, Pats dropped their tampering charge. My guess would be that if the Texans were willing to give up draft pick compensation, the Pats would have released Caserio from his contract. (With Belichick, everything has its price - in this case a price the Texans were unwilling to pay.

As for what the Patriots could give Caserio to entice him to stay, that would depend on whether Belichick has any intention of retiring after the season, which seems unlikely but possible.
This is my take too.

The Texans’ apparent unwillingness to part with a late-round draft pick to grease the wheels might have soured Caserio on the opportunity too. That unwillingness signals (to me, anyway) that Caserio wouldn’t be coming in with much more clout than the GMs the Texans have cycled through in the past few years. So it’s quite possible that Caserio is content at this point to finish his contract and explore other options after the season.
 
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InstaFace

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As for what the Patriots could give Caserio to entice him to stay, that would depend on whether Belichick has any intention of retiring after the season, which seems unlikely but possible.
I'm increasingly of the opinion that Belichick is not going to retire for any age-related reason, as he seems perfectly physically and mentally fit to continue his (stressful, all-consuming) job, but rather only will when it's clear the game has passed him by and he's no longer able to deliver the results on the field. Given that he's coming off a fairly successful season, such an event does seem a long way off. It frankly may not happen until after Brady retires as well.
 

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I am as well. I don’t think we can hold Belichick to his “I’m not going to be doing this when I’m 70” remark. And even if it proves true in a narrow sense, “this” being his mega-role, that might mean Belichick handing over the coaching keys and moving upstairs.

That obviously would delay Caserio’s career development, which is why it is not crazy if he wants to leave.
 

Mystic Merlin

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I am as well. I don’t think we can hold Belichick to his “I’m not going to be doing this when I’m 70” remark. And even if it proves true in a narrow sense, “this” being his mega-role, that might mean Belichick handing over the coaching keys and moving upstairs.

That obviously would delay Caserio’s career development, which is why it is not crazy if he wants to leave.
Agreed. As to BB’s longevity, his oft-quoted remark about Marv Levy was made in 2009 and has decreased relevance every year BB approaches 70 without a detectable slip in energy/passion for the job.
 

Harry Hooper

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Agreed. As to BB’s longevity, his oft-quoted remark about Marv Levy was made in 2009 and has decreased relevance every year BB approaches 70 without a detectable slip in energy/passion for the job.
And the addition of his sons to the staff.
 

Eddie Jurak

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I'm increasingly of the opinion that Belichick is not going to retire for any age-related reason, as he seems perfectly physically and mentally fit to continue his (stressful, all-consuming) job, but rather only will when it's clear the game has passed him by and he's no longer able to deliver the results on the field. Given that he's coming off a fairly successful season, such an event does seem a long way off. It frankly may not happen until after Brady retires as well.
This is why I said BB retiring seemed “possible but unlikely”. A lot could happen that might convince him to move on, and we don’t for sure know yet whether he intended to rebuild after Brady. But that’s all speculation. All things equal he’ll be back.
 

DourDoerr

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And the addition of his sons to the staff.
I think this is most relevant now. His sons are too far down the coaching ladder to be considered for an O or D coordinator elsewhere. I'd expect he'd stay on until one or both get to that level. From there, they control their own destiny to some extent and I think that's when he'd first consider stepping aside.
 

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That was a completely empty story with really nothing in there.
 

InstaFace

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I am as well. I don’t think we can hold Belichick to his “I’m not going to be doing this when I’m 70” remark. And even if it proves true in a narrow sense, “this” being his mega-role, that might mean Belichick handing over the coaching keys and moving upstairs.

That obviously would delay Caserio’s career development, which is why it is not crazy if he wants to leave.
I actually think he prefers the on-field coaching aspect - assessing technique, getting down in a three-point stance to demonstrate stuff, watching the guys do their drills and blowing whistles and telling stories - far more than he does the cap and transactional aspects of roster-building. Not that he isn't great at the latter, just that that's more of a necessary evil than the stuff that brings him joy. I'd guess he'll retire completely, rather than assume a GM-only role.
 

Van Everyman

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Same thought occurred to me ... PFT had a piece saying Volin was "reporting that Caserio wants out" ... but it's just an analysis of the situation, with no actual quotes or sources, as others have said.

That said, I don't think Volin's conclusion is necessarily wrong. Florio (who I have a lot more respect for) has said the Caserio-BB relationship bears watching and that the relationship could be headed south. Bedard has said on Twitter that some very bad blood with Easterby is feeding into this.

Baby, bathwater and such ...
 

PaulinMyrBch

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That was a completely empty story with really nothing in there.
I just linked it. I don't pay for Globe access and probably wouldn't read Volin if I did.

I can't imagine that Caserio is upset that he's not being allowed to interview or leave when that special clause is in his contract. Assuming he or his agent negotiated something in return for that clause, like money or other consideration, I can't imagine he would be sideways over not being allowed to interview to leave. This is a "Patriots" news cycle story. I'd love to see how many empty stories would be out there if this was Jacksonville.
 

OurF'ingCity

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Let me know when Belichick retires. Until then, there's no evidence that any of the backroom squabbling has any effect whatsoever on the Patriots' on-field performance - last year being the prime example of that.

Edit: to clarify, I'm not suggesting that anyone here was saying otherwise.
 

SoxinSeattle

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The "tensions in the building" is so last year, Volin. I'm sure that BB wants to work 15 hours a day over the next year with someone that doesn't want to be there.
 

bankshot1

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Do the Pats really want Caserio running ops/scouting/draft etc when there's a good probabality he'll be the "enemy" within a year? They should work ouit a deal with Houston and part ways with Caserio.
 

Harry Hooper

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They should work ouit a deal with Houston and part ways with Caserio.
There's a decent chance that is happening in the background, which could explain why the the tampering charges were withdrawn and Kraft's statement was issued.
 

kelpapa

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This is from a sports radio host in Houston:
@[B]SeanTPendergast[/B]
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Sean Pendergast Retweeted theScore
We had @BenVolin on the show today @SportsRadio610, and he made it clear that his piece about Caserio is his OPINION, not a report. It’s being aggregated as a report of fact everywhere. Not the case.
 

Harry Hooper

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The Globe describes Volin as their National NFL Reporter, not columnist.
 

BusRaker

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They describe it as a "lateral" move .. but where would you have more upward mobility ... under O'Brian or BB?
 

Harry Hooper

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OK, according to the website NFLcommunications.com the NFL's Anti-Tampering Policy document states {boldface added} for high-level employees in Section 4(j) (Page 16):

High-Level Club Employees (Non-Player, Non-Coach). The following provisions govern in cases of high-level club employees (non-player, non-coach). A high-level club employee is defined as:

(1) An individual who has primary authority and responsibility for the organization, direction, and management of day-to-day operations of the club and who reports directly to the controlling owner;

or

(2) An individual who is the primary football executive for the club and who has: (i) the primary authority over all personnel decisions related to the signing of free agents, the selection of players in the College Draft, trades, and related decisions; and (ii) the primary responsibility for coordinating other football activities with the head coach.

Final authority regarding the composition of the 53-player roster is not a requirement.
(see Section 6 (Administrative Review) for disputes concerning this definition):

(3) Under Contract. Except as may be otherwise provided in such contract, a club is not obligated to grant another club permission to discuss employment with a high-level employee if he or she is under contract, even if the inquiring club is prepared to offer the employee a position of greater responsibility within the category of high-level club employee. An employer club may negotiate a right of first refusal into the contract of a high-level employee.

(4) Expired Contract. If the contract of a high-level employee has expired or if he or she is a non-contract employee, the employer club is required to permit the employee to discuss and accept employment with another club. Any attempt to deny such permission will be considered improper under Section 6 (Administrative Review) below.

Plus, in Section 6:

ADMINISTRATIVE REVIEW. If a disagreement arises over whether an employer club has improperly withheld permission or whether a club has incorrectly designated the category of an employee (see section on high-level employees), the involved club or clubs may certify a dispute with the Commissioner. The Commissioner will then promptly gather all pertinent facts, including but not limited to the proposed contracts, authority, and responsibilities of the proposed job change. In rendering his final, expedited decision, the Commissioner will not be disposed to approve a job change that in name is a promotion but in fact is a lateral move involving little or no greater responsibility than the prior job.

As provided for above under “Non-Players,” no club, nor any person employed by or otherwise affiliated with a club, is permitted to discuss employment with an employee of another club during the employer club’s playing season, regardless of the contractual status of the employee. Conversely, it will be considered unreasonable for any employer, during the off-season, to deny permission to another club to discuss or offer employment to a non-contract employee or to deny permission to a non-contract employee to seek other employment on his or her own.

So, if this is the genuine policy document, it would seem that Caserio can qualify as a high-level employee for the Pats and is under contract, which means the Pats are entitled to deny the Texans permission to talk to him even if the Texans' post involved greater responsibility. No special clause in his contract is needed, so maybe that talk is just a face-saving exercise, or perhaps the Pats were citing the right of first refusal under Section 3.
 
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Eddie Jurak

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So, if this is the genuine policy document, it would seem that Caserio can qualify as a high-level employee for the Pats and is under contract, which means the Pats are entitled to deny the Texans permission to talk to him even if the Texans' post involved greater responsibility. No special clause in his contract is needed, so maybe that talk is just a face-saving exercise, or perhaps the Pats were citing the right of first refusal under Section 3.
I don't think Caserio would fall in that category.

"The primary authority over all personnel decisions related to the signing of free agents, the selection of players in the College Draft, trades, and related decisions."

In the Patriots organization, that's absolutely Bill Belichick. Caserio might be the #2, but if Caserio and BB disagree on a trade, we know whose call it is.
 

Harry Hooper

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I don't think Caserio would fall in that category.

"The primary authority over all personnel decisions related to the signing of free agents, the selection of players in the College Draft, trades, and related decisions."

In the Patriots organization, that's absolutely Bill Belichick. Caserio might be the #2, but if Caserio and BB disagree on a trade, we know whose call it is.
It explicitly states that primary authority need not equal final authority.

The Texans asked for permission to talk to Caserio, indicating they think they needed it. With the Pats not granting permission (or at least slow-walking it), the Texans did not make an appeal to the Commish. They just went ahead and talked with Caserio. This looks like a tampering violation even if the Commish might have ruled in the Texans' favor in the end.
 
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Eddie Jurak

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It explicitly states that primary authority need not equal final authority.
The reference to "final authority" refers specifically to 53-man roster composition, which strikes me as a distinct authority that some coaches have (ie, which of the roster players makes the team vs getting cut).

The Texans asked for permission to talk to Caserio, indicating they think they needed it. With the Pats not granting permission, the Texans did not make an appeal to the Commish. They just went ahead and talked with Caserio. This looks like a tampering violation even if the Commish might have ruled in the Texans' favor in the end.
I agree with that.
 

NortheasternPJ

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The Globe describes Volin as their National NFL Reporter, not columnist.
It is a report again!


On Monday, The Boston Globe’s Ben Volin wrote a column that stated definitively that Nick Caserio wants to leave the New England Patriots. Within an hour. Volin went on sports talk radio in Houston to, as he explained, try to put the toothpaste back in the tube. Volin said the story was just an opinion, not an actual report.
Now, though, Volin is retracting his retraction. He now claims the story is a report.
Appearing on WEEI’s “Mut & Callahan Show” on Wednesday, Volin said that he stands by his initial story as a report.
“So, yes, sure, it’s a report. It’s analysis,” Volin said. “We do this all the time. As you guys mentioned, if it was a positive story, no one would care. But it’s a quote-unquote negative story, so the Jerry Thorntons of the world are flipping out.”
 

RedOctober3829

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Greg Bedard paints a picture of Jack Easterby being the mastermind behind this whole thing with Caserio. His sources tell him the Krafts are absolutely pissed off at Easterby leaving for a conference rival because of the unique position he held. They are also pissed at him for taking shots at Robert about his legal situation because Easterby thought it would be bad for his resume. Bedard paints a picture of Easterby being obsessed with having power and eventually running his own football operations department despite not having that background. No character coaches have an agent but Easterby does and the one he has is known for creating leverage to benefit his clients according to Bedard.

Bedard makes it seem like the Patriots will be out to embarrass the Texans on December 1st and try to run up the score.

 
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DrewDawg

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Greg Bedard paints a picture of Jack Easterby being the mastermind behind this whole thing with Caserio. His sources tell him the Krafts are absolutely pissed off at Easterby leaving for a division rival because of the unique position he held.

Easterby didn't leave for a division rival, but the point stands.
 

Harry Hooper

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The reference to "final authority" refers specifically to 53-man roster composition, which strikes me as a distinct authority that some coaches have (ie, which of the roster players makes the team vs getting cut).
That's possible. However, in regard to "the primary authority over all personnel decisions related to the signing of free agents, the selection of players in the College Draft, trades, and related decisions," if you asked BB and Caserio what percentage of your worktime each week is dedicated to all these personnel decisions, Caserio is going to have a much higher percentage than BB. I suppose it's typical that NFL rules and policies don't hold up to much strain.
 

nattysez

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Looks like the Texans are willing to wait for Caserio -- and Easterby gets his wish to get elevated into a football-side position.

 

Van Everyman

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That Bedard piece (free on BSJ I believe) is a screed tho. Between carrying on about Easterby’s treasonous behavior, repeatedly characterizing the Krafts as enraged and unhinged and idle speculation about whether Belichick will care enough about any of it to make the December matchup an FU game, this is not exactly his best work. It’s also about twice as long as the amount of news and analysis in it requires.
 

soxhop411

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So coach/GM BOB Traded a shit load of draft capital today in a “win now move” and to also save his ass coaching wise.

How does that change Caserio’s desire for the job? They have almost no high end draft picks for the next few years (next two firsts and a second). And there isn’t any guarantee that Tunsil extends with them.

Also. Bill Barnwell wrote a really good story for espn on how the Texans are trying (and failing) to copy the “Patriot way”

 
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Apr 24, 2019
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Yeah...Easterby....not impressing. This off-season Caserio thing suddenly reminds me of BB’s general philosophy in games - be steady and patient and your opponent will eventually do something stupid. Would love to know what not-yet-GM Caserio thinks tonight.

EDIT TYPOS
 

Harry Hooper

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Florio just put up a piece about the Texans:

Given the long-term impact of Saturday’s moves (along with the lingering presence of Easterby), it will be incredibly difficult for the Texans to hire the kind of G.M. they need in 2020. Whoever that G.M. is will surely have a chance to be a G.M. somewhere else next year, or to wait for another opportunity in 2021.