Will the Vikings Get a Parting Gift from Kirk Cousins?

Will the Vikings Get a Parting Gift from Kirk Cousins?

When Kirk Cousins gave his introductory news conference as a member of the Atlanta Falcons, he talked about the good people in the organization that he’d talked and met with over the past day or two.

The problem with that is no member of an NFL team is allowed to contact a member of another team- which Cousins was until the official start of the new league year. A limited exception was made by the league- the so called ‘legal tampering period’ or two days before the start of the new league year- where teams are allowed to contact the registered agents of impending free agents in order to negotiate a contract. But contact is limited to the agent of the player, not the player himself, unless the player has no agent and is representing himself- which was not the case with Cousins.

Cousins admitted that he was in contract with the Atlanta Falcons head trainer, director of player personnel, and their Public Relations director during that press conference, which caused the league to open a tampering investigation the next day.

There are also reports from Atlanta Falcons tight-end Kyle Pitts that he was in contact with Cousins and attempting to recruit him weeks before the start of the new league year (which he later denied when the tampering question arose). As part of the investigation, the league will likely ask for phone/text records from Cousins and others implicated in the tampering allegations. They may also look into such things as when Cousins’ flight to Atlanta was booked as additional potential evidence of tampering.

It’s been about a month since the league announced its investigation into whether Cousins was tampered with, and the league may be at a point soon when they’ve reached a conclusion.

Last year, just before the start of the NFL Draft, the league announced a settlement between the Eagles and Cardinals in which the Cardinals swapped their #66 pick for the Eagles’ #94 as compensation for tampering with Eagles defensive coordinator Jonathon Gannan, who was later hired as the Cardinals’ head coach. The Cardinals also got a 2024 fifth-round pick from the Eagles.

The league has said back in 2016 that more stringent penalties for tampering would be imposed going forward, as tampering was “a corrosive activity that undermines the integrity of the game.” The Cardinals tampering case was regarding a coach and not a player, and they also self-reported it which qualifies as mitigating circumstances under the league’s anti-tampering policy which may have resulted in a lesser penalty.

But if the Atlanta Falcons tampered with Kirk Cousins- as Cousins inadvertently admitted publicly- and the league finds ‘a preponderance of evidence’ that supports the allegation of tampering, there could be an example made of the Falcons depending how high-up the tampering went in the organization (owner Arthur Blank reportedly told his front office to do whatever is necessary to land Cousins). Making such a statement publicly- or leaking it to the media- can also be considered a violation of the league’s anti-tampering policy:

Public/Private Statements. Any public or private statement of interest, qualified or unqualified, in another club’s player to that player’s agent or representative, or to a member of the news media, is a violation of this Anti-Tampering Policy. (Example of a prohibited comment: “He’s an excellent player, and we’d very much like to have him if he were available, but another club holds his rights.”) In addition, speculation by a club owner, executive, or employee on whether a player under contract to a second club may play for a third club in the future may negatively impact the relationship between the player and the club currently holding his rights. If any such comments are found to have adversely affected that relationship, a finding of tampering can result. All clubs should be aware that improper disclosure of confidential trade discussions with another club may be a violation of this section on prohibited public statements.

So, if the league finds that the preponderance of evidence suggests the Falcons tampered with Cousins, and that evidence of willful tampering occurred at higher levels of the organization, regarding the top free agent set to enter free agency, and who they signed to a $45 million/year deal and potentially compromising the Vikings’ exclusive negotiating rights window, the league could impose a stiff penalty on the Falcons- potentially the biggest penalty ever for tampering- given the high profile nature of the player.

In 2022, the Dolphins forfeited a first-round pick and a third-round pick for tampering with Tom Brady- who they didn’t ultimately sign. Dolphins owner Stephen Ross was implicated in the tampering violation and was fined $1.5 million and suspended for the remainder of the year from league meetings and was removed from all league committees.

Still it remains unclear when the league will conclude their investigation and what punishment, if any, the Commissioner chooses to impose. It’s also unclear if the Vikings will be the beneficiary of any potential punishment imposed by the Commissioner on the Falcons. The fact that the Falcons signed Cousins will likely be a factor in any punishment imposed by the Commissioner:

Specific Penalties. Any violation of this Anti-tampering Policy will subject the involved club and/or person to severe disciplinary action by the Commissioner. In such cases, in addition to all other penalties provided in the Constitution and Bylaws, the Commissioner may award or transfer a selection choice or choices and/or deprive the offending club of a selection choice or choices, and/or may fine the offending club and/or may fine or suspend with or without pay any involved individuals as appropriate. The League office will promulgate to all clubs the details of any penalties imposed for tampering.

Relevant Considerations. In assessing discipline, the Commissioner may consider as relevant factors whether the club that committed the violation did or did not secure the services of the player or other employee. If a club is found to be in violation of the AntiTampering Policy and that club acquires the player (or non-player employee), in imposing discipline on the offending club the Commissioner may consider the fact that the club will be receiving the services of that individual for one or more years.

Certification by Offended Club. The Commissioner may award compensation to the offended club if it certifies a complaint that initiates an investigation against the offending club. If the offended club declined or otherwise failed to certify such a complaint after the facts of the matter became known or reasonably should have become known to the offended club, the offended club may not receive any potential award of compensation.

This last paragraph is important from the Vikings’ standpoint if they are to receive compensation. The Vikings would have had to have certified a compliant against the Falcons to receive compensation. It’s unclear whether they did so or not.

Stay tuned.

Follow me on X/Twitter @wludford