Lehane vs. Magoofs, round 5000

[Livinthedream]

Here is a link to the letter that Lehane sent to the U.S. Attorney General: (LINK TO PDF)

A lot of this seems to revolve around the fact that a former FBI agent was used as the PI, and apparently identified himself as such (presumably former).

In short, Lehane is asking the Justice Department to look into:
1) Whether the Maloofs violated federal harassment laws by using "color of law" in the guy identifying himself as a former FBI agent
2) Whether the Maloofs were party to impersonation of a federal law enforcement officer
3) Whether 1) or 2) could constitute interstate crimes because the Maloofs live in Las Vegas

I don't think anything will come of it (unless he identified himself as a CURRENT FBI agent), but it's certainly a shot across the bow.

This letter appears to be directed at the Maloofs and the NBA more than to the US Department of Justice. It puts a big spot light on the Maloofs and the NBA with the threat of scandal and bad PR. Not sure why the Maloofs don't understand that Lehane is not the guy you want to tangle with.

 

[VF21]

Here is a link to the letter that Lehane sent to the U.S. Attorney General: (LINK TO PDF)

A lot of this seems to revolve around the fact that a former FBI agent was used as the PI, and apparently identified himself as such (presumably former).

In short, Lehane is asking the Justice Department to look into:
1) Whether the Maloofs violated federal harassment laws by using "color of law" in the guy identifying himself as a former FBI agent
2) Whether the Maloofs were party to impersonation of a federal law enforcement officer
3) Whether 1) or 2) could constitute interstate crimes because the Maloofs live in Las Vegas

I don't think anything will come of it (unless he identified himself as a CURRENT FBI agent), but it's certainly a shot across the bow.

Thanks for the link, Capt. It's pretty clear that Lehane is not going to pull any punches.

 

[The Hammer]

Thanks for the link, Capt. It's pretty clear that Lehane is not going to pull any punches.

Interesting.

Potential crimes seem to really hinge on the "harassment and intimidation". I wonder what would constitute that? There might actually be a legitimate case here. After all, they did get 5 people to publicly express "misgivings" about signing (perhaps they really meant misgivings about signing by proxy, that was unclear). In any case to trot a former FBI agent around trying to get people to publicly recant on a very recent action might very well qualify as harassment. Certainly seems so to me.

I mean, why else use a former FBI agent if not for the fear factor? I'm assuming he introduced himself as such?

And, how does one determine if someone was "harassed and intimidated"?

Depending on the friends Lehane (or Stern) may have at the Department of Justice, this could get interesting. I see this as more than a "don't mess with us" kind of letter. I think there might be something to this.

 

[Livinthedream]

The letter to the DOJ has more to do with controlling the narrative than whether a crime was committed. Lehane knows Sacramento's side of the story won't make USA Today without a juicy headline. There's probably no substance to this part of the story because the Maloofs and their private investigator proabably didn't commit a crime. It's just about making a national headline that says "City requests US Dept of Justice to investigate Maloofs." It's that headline, and not the story, that will get the news people talking and they'll be talking about "Maloofs" and "crimes" in the same sentence. That's good for Sacramento.

Agreed. You explained it much more eloquently than I could. In addition, I think this letter also pressures the NBA to take action as it describes how other professional sports leagues reacted to owners behaving badly. Basically, if the NBA doesn't govern itself, we will ask the federal government to step in.

 

[VF21]

...After all, they did get 5 people to publicly express "misgivings" about signing (perhaps they really meant misgivings about signing by proxy, that was unclear).

Minor point of clarification. There were 5 names signed by proxy. Of those 5, only two actually expressed "misgivings."

It does beg the question, however... Did those two express misgivings after receiving phone calls from someone grilling them about why they would sign such a document?

 

[Warhawk]

Just a general comment:

I kinda like this Lehane guy.

That is all. Please continue.

 

[Jose]

Minor point of clarification. There were 5 names signed by proxy. Of those 5, only two actually expressed "misgivings."

It does beg the question, however... Did those two express misgivings after receiving phone calls from someone grilling them about why they would sign such a document?

Also, what were the "misgivings"? Was it:

"I never authorized that person to sign for me!" (fraud?)
"I wish the proxy hadn't signed but he/she is authorized to act on my behalf" (all legal, and it's for the signee and the proxy to discuss further)
"I don't care one way or the other, my proxy can sign whatever" (again, legal)
"Yea, the proxy signed but I wish it would have been ME" (signee really supports it and wishes he/she had been present to sign)

Without knowing what the "misgiving" is, just implying that there were issues with signatures is very misleading.

 

[The Hammer]

Minor point of clarification. There were 5 names signed by proxy. Of those 5, only two actually expressed "misgivings."

It does beg the question, however... Did those two express misgivings after receiving phone calls from someone grilling them about why they would sign such a document?

Exactly.

I get all the stuff about controlling the narrative, etc. But I think in addition to that there might actually be some meat on this bone. Using intimidation techniques to change people's publicly expressed opinion on an important civic matter by coercing them into making statements... the question is does that qualify as a crime? Because that is certainly what happened.

The Maloofs may have thought it a success that they got people to change their position on the document... that may very well be exactly what constitutes the crime.

Even if it's not technically a crime... there is no question that it is bullying. You get a former FBI agent to go around, introduce himself as such, and the all the sudden business leaders, major business owners, are expressing "misgivings" about signing the thing?

But again, they could have meant misgivings about signing by proxy.

What would be just hilarious is if THINKBIG comes back with the same or similar letter that has like 100 business leaders names on it, NONE signed by proxy. Better yet, they should make a youtube video with short, successive statements by each of those 100 business leaders saying a compact version of the sentiment of the letter: "I support new stewardship for the Sacramento Kings" or whatever. Just over and over again, times 50 or 100 or whatever. Names, faces, and voices.

This is just a wrong move by the Maloofs any way you dice it.

 

[kennadog]

Just a general comment:

I kinda like this Lehane guy.

That is all. Please continue.

Me, too!

Hey the Maloofs started this. They better be ready for what's going to be fired back at them.

 

[Warhawk]

What would be just hilarious is if THINKBIG comes back with the same or similar letter that has like 100 business leaders names on it, NONE signed by proxy. Better yet, they should make a youtube video with short, successive statements by each of those 100 business leaders saying a compact version of the sentiment of the letter: "I support new stewardship for the Sacramento Kings" or whatever. Just over and over again, times 50 or 100 or whatever. Names, faces, and voices.

I was thinking the exact same thing. That would be awesome.

 

[fansinceday1]

Just a general comment:

I kinda like this Lehane guy.

That is all. Please continue.

The maloofs have to realize what kind of guy Lehane is. He is a political animal. He has run the back halls of D.C. and he has a lot of connections that run up to the highest levels of politics. I would not discount this letter to the US Attorney General. I can't believe how stupid the maloofs are.

 

[Livinthedream]

The maloofs have to realize what kind of guy Lehane is. He is a political animal. He has run the back halls of D.C. and he has a lot of connections that run up to the highest levels of politics. I would not discount this letter to the US Attorney General. I can't believe how stupid the maloofs are.

Yeah...the more I look at this, the more I think the legal aspect may have some teeth as well as the narrative part. For this to be effective, do the Maloofs need to be charged with a crime, or does an official investigation alone do irreparable harm to their status as NBA owners?

 

[Glenn]

I think they are already doing irreperable harm.

Legal or not, what NBA ownership hires an ex-FBI private investigator to call advertisers or potential advertisers to find out if they signed a letter critical of the ownership? Wouldn't it make more sense for an ownership interested in making money to find out why the advertisers are upset with them, fix the problem, and continue on happily.

The Maloofs are not behaving like people interested in running a business in Sacramento and in fact seem to want to alienate the business community. The letter draws attention to the Maloofs efforts at destroying the Kings as a viable entity in the Sacramento area. Is that in the best interests of the NBA given that the NBA held the locals' feet to the fire and they passed the test with flying colors? Is it then in the interests of the NBA that those people who busted their butts be treated like criminals?

 

[Section 101]

I think they are already doing irreperable harm.

Legal or not, what NBA ownership hires an ex-FBI private investigator to call advertisers or potential advertisers to find out if they signed a letter critical of the ownership? Wouldn't it make more sense for an ownership interested in making money to find out why the advertisers are upset with them, fix the problem, and continue on happily.

The Maloofs are not behaving like people interested in running a business in Sacramento and in fact seem to want to alienate the business community. The letter draws attention to the Maloofs efforts at destroying the Kings as a viable entity in the Sacramento area. Is that in the best interests of the NBA given that the NBA held the locals' feet to the fire and they passed the test with flying colors? Is it then in the interests of the NBA that those people who busted their butts be treated like criminals?

They are trying to find if the City and NBA is behind it so it gives them an excuse to walk away from the bond loan and try to move w/o permission.

 

[Larry David]

They are trying to find if the City and NBA is behind it so it gives them an excuse to walk away from the bond loan and try to move w/o permission.

Agree

 

[JB_kings]

They are trying to find if the City and NBA is behind it so it gives them an excuse to walk away from the bond loan and try to move w/o permission.

They've really burned all bridges but the one where they have to have a string of court decisions go in their favor. They can't afford to go the NBA approved route. They also have to be able to win an inevitable suit coming from the Lakers and Clippers for damages by moving into their market. Perhaps that would be an after-the-fact thing. But if they lose in court against the Lakers alone, the damages could cost them their team. Damages on that Laker TV contract alone would probably be enough to sink their boat.

 

[Livinthedream]

They are trying to find if the City and NBA is behind it so it gives them an excuse to walk away from the bond loan and try to move w/o permission.

I think you give them too much credit. They will have to prove to me that they can make a decision with vision and intelligence before I ever believe they have a calculated plan.

The letter from the business owners came out after the Maloofs had already indicated they would not take the ESC deal. Based on the timing of the release of the letter and the wording of letter, it is too easy to argue that the letter is a result of the Maloofs not wanting to stay in Sacramento and build an arena. This would hurt the Sacramento business community. If they intend to use this situation as an excuse to leave, then they are truly desperate and misguided.

I think the Maloofs took the fact that local businesses want them out personally. They heard some information that not all business owners signed and the Maloofs thought this was their chance to get Think Big back. They made a poor decision by hiring this PI. Just like they did when they hired a lawyer to knock on Phil Jackson's door.

 

[Circa_1985_Fan]

They've really burned all bridges but the one where they have to have a string of court decisions go in their favor. They can't afford to go the NBA approved route. They also have to be able to win an inevitable suit coming from the Lakers and Clippers for damages by moving into their market. Perhaps that would be an after-the-fact thing. But if they lose in court against the Lakers alone, the damages could cost them their team. Damages on that Laker TV contract alone would probably be enough to sink their boat.

This^^^

 

[kennadog]

The maloofs have to realize what kind of guy Lehane is. He is a political animal. He has run the back halls of D.C. and he has a lot of connections that run up to the highest levels of politics. I would not discount this letter to the US Attorney General. I can't believe how stupid the maloofs are.

The Maloofs should NOT mess with Lehane. A bit of Lehane's background:

1999-2000: Press Secretary to Al Gore during his presidential campaign.

1997-1999: Press Secretary to Vice President Al Gore.

1995-1997: Special Assistant Counsel to President Bill Clinton.

1992: Bill Clinton for President.

Lehane received a law degree from Harvard Law School in 1994. His received his undergraduate degree from Amherst College in 1990.