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Help me understand why NIL recruitment inducements aren’t bribery

Posted on 2/7/24 at 8:35 am
Posted by fastlane
Member since Jul 2014
2243 posts
Posted on 2/7/24 at 8:35 am
Bribery is a crime in any political, business or formal setting. So how come this hasn’t been brought up with NIL?

Tenn and Virginia's lawsuits are asking for this to be legalized with reference to trying to create fair market value for the athlete. This is the only way for a kid to make money so they are disguising bribery from collectives as the worth created by the athlete.

Wouldn’t private firms then try to recruit players to NFL teams with incentives be classified as bribery? If Amazon offered Joe Burrow $100 million at free agency to come to Seattle we would think it’s crazy.

I understand these kids are not employees (yet), don’t have any revenue sharing and aren’t unionized but still…

Why hasn’t the word bribery been thrown out there in these legal cases or in legislation?

Edit: to be clear I’m talking about before a student enrolls. Not when the student is on campus and gets NIL money.
This post was edited on 2/7/24 at 8:46 am
Posted by Lsuhoohoo
Member since Sep 2007
94207 posts
Posted on 2/7/24 at 8:38 am to
There are no rules! But don't break the rules!
Posted by GumboPot
Member since Mar 2009
118469 posts
Posted on 2/7/24 at 8:40 am to
quote:

Help me understand why business contracts aren’t bribery



FIFY
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14014 posts
Posted on 2/7/24 at 8:40 am to
quote:

Bribery is a crime in any business or formal setting


So, if I get an offer from a company. Is that bribery?

You are drawing a false equivalency here.

quote:

Why hasn’t the word bribery been thrown out there in these legal cases or in legislation?


becuase its not
This post was edited on 2/7/24 at 8:41 am
Posted by BornAndRaised_LA
Springfield, VA
Member since Oct 2018
5227 posts
Posted on 2/7/24 at 8:40 am to
Bribery is only an issue if it is illegal.

NIL has been ruled legal by SCOTUS

Applications of it may be outside of NCAA rules, but that’s an NCAA issue, not an illegal action.

It’s not bribery (of an illegal sort)

But I’m no lawyer.
Posted by NOSA
Member since Jan 2004
9606 posts
Posted on 2/7/24 at 8:40 am to
Because it’s not bribery.
Posted by doubleb
Baton Rouge
Member since Aug 2006
35784 posts
Posted on 2/7/24 at 8:41 am to
Here is some help; the definition of bribery:

quote:

Bribery
Illicit act of giving or promising money or gifts that alters the behavior of a person in power; illicit act of a person in power deciding based on money or gift received or promised


NIL is not bribery.
Posted by fastlane
Member since Jul 2014
2243 posts
Posted on 2/7/24 at 8:41 am to
quote:

So, if I get an offer from a company. Is that bribery?


But with NIL you aren’t an employee.
Posted by ipodking
#StopTalkingAboutWomensSports
Member since Jun 2008
56252 posts
Posted on 2/7/24 at 8:43 am to
No one is trying to go to jail over this little football bullshite

Posted by fastlane
Member since Jul 2014
2243 posts
Posted on 2/7/24 at 8:43 am to
quote:

Here is some help; the definition of bribery: quote:Bribery Illicit act of giving or promising money or gifts that alters the behavior of a person in power; illicit act of a person in power deciding based on money or gift received or promised NIL is not bribery.


That sounds like NIL if you are inducing a kid to come to school.

I’m not talking about post enrollment
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14014 posts
Posted on 2/7/24 at 8:43 am to
quote:

But with NIL you aren’t an employee.


you aren't very smart

If you go on multiple interviews out of college is that bribery?
Posted by fastlane
Member since Jul 2014
2243 posts
Posted on 2/7/24 at 8:44 am to
quote:

you aren't very smart If you go on multiple interviews out of college is that bribery?


That actually makes no sense. Still not an employee of that NIL.
Posted by gumbeaux
Member since Jun 2004
4459 posts
Posted on 2/7/24 at 8:45 am to
quote:

I understand these kids are not employees (yet), don’t have any revenue sharing and aren’t unionized but still…


It was reported this week that one university now refers its student athletes as employees now.
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14014 posts
Posted on 2/7/24 at 8:45 am to
quote:

Still not an employee of that NIL


What does this mean?

Posted by fastlane
Member since Jul 2014
2243 posts
Posted on 2/7/24 at 8:46 am to
quote:

It was reported this week that one university now refers its student athletes as employees now.


But they can’t be hired, fired or collective bargain. (Yet)
Posted by fastlane
Member since Jul 2014
2243 posts
Posted on 2/7/24 at 8:47 am to
quote:

So, if I get an offer from a company. Is that bribery? You are drawing a false equivalency here


This is just not at all the same thing
Posted by bulletprooftiger
Member since Aug 2006
2013 posts
Posted on 2/7/24 at 8:52 am to
See DoubleB's post. NIL is an incentive, it isn't bribery.

Bribery is usually a crime in the context of theft of honest services. Think paying a politician in order to obtain a permit. There is a legal process for obtaining a permit and the bribe subverts it.

Athletes going to college do not owe anyone honest services. They can be bought.

Amazon paying Joe Borrow to go to Seattle wouldn't be an illegal bribe; it would be a violation of the NFL's Collective Bargaining Agreement. No one would go to jail over it.
Posted by doubleb
Baton Rouge
Member since Aug 2006
35784 posts
Posted on 2/7/24 at 8:52 am to
quote:

That sounds like NIL if you are inducing a kid to come to school.



Wrong, a recruit isn’t a person in authority, and you aren’t trying to get him to do anything illegal.

Inducements are common and part of every day life.
Posted by ReverendJeffro
Mandeville,LA
Member since Dec 2013
944 posts
Posted on 2/7/24 at 8:57 am to
Oh yes you are…..when you sign the dotted line on the “fax” and receive money you become an employee. Maybe not on paper, but in every sense of the word you are an employee.
Posted by fastlane
Member since Jul 2014
2243 posts
Posted on 2/7/24 at 8:57 am to
quote:

Amazon paying Joe Borrow to go to Seattle wouldn't be an illegal bribe; it would be a violation of the NFL's Collective Bargaining Agreement. No one would go to jail over it.


Then they need to be employees and collective bargain
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