The High Cost of Being Bad

You know the type -- the swaggering, cocky, macho guy who treats women like they're replaceable. A bad boy exudes untamed masculinity, independence and confidence. Sean “Diddy” Combs catapulted the music and style of urban youth culture into the American mainstream, selling attitude and image to the tune of over $300 million in sales. The problem is, in the hands of the bad boy, confidence becomes selfish arrogance which leads them to ignore the signs that people have grown tired of their emphasis on "gangsta" attitudes, explicit tales of street life and conspicuous consumption.

Case in point is Michael Vick. In 2005, Vick finished 3rd in the voting for the most popular player in football behind Payton Manning and Tom Brady. Now that he has pled guilty to dog fighting charges and has lost everything but his Falcons uniform, the question is not where he will finish in the voting this year, but whether Vick will ever where a NFL uniform again.

The summary of facts signed by Vick and filed with the plea agreement provides:

"Vick agrees that 'Bad Newz Kennels' business enterprise involved gambling activities in violation of the laws of the Commonwealth of Virginia ... Most of the 'Bad Newz Kennels' operation and gambling monies were provided by Vick ... Vick did not gamble by placing side bets on any of the fights. Vick did not receive any of the proceeds from the purses that were won by 'Bad Newz Kennels.'"

One can read the statement as a clear admission that Vick bet on dogfighting. Vick put the money up and lost money if his dogs lost. However, Vick says he didn't win money if his dog won. Vick's lawyers fought to have the language “Vick did not gamble by placing side bets on any of the fights and did not receive any of the proceeds from the purses that were won by “Bad Newz Kennels” included in the statement. Gambling carries a possible lifetime ban under the NFL’s Personal Conduct Policy, and the statement allows Vick to say he didn't bet, to deny gambling, even if he did place bets of a different sort. It's a seed of doubt for Vick supporters looking to sow a defense.

In the meantime, the cost continues to mount for Vick. As a result of his plea, he faces Up to five years in prison, a $250,000 fine, a special assessment and must make full restitution, which will likely include all costs associated with the care of the dogs involved including, if necessary, the long-term care and/or the humane euthanasia of some or all of those animals.

Nike, which suspended Vick's contract and announced it would not release a fifth signature shoe, formally terminated Vick’s contract and the four shoe products and three shirts that currently bear Vick's name will no longer appear in company-owned stores.

Reebok has stopped selling Vick’s jersey and is accepting refunds, the first time the company has suspended sales of a product associated with an athlete because of the athlete’s behavior.

Upper Deck removed Vick’s card from its 2007 collection.
AirTran Airways, which featured billboard and radio spots on Vick, has decided to “go in a new direction,” and is not renewing Vick’s contract.
The NFL has suspended Vick indefinitely, without pay, forfeiting $6 million in salary for 2007, and has authorized the Falcons to "assert any claims or remedies under the 10-year, $130 million contract Vick signed in 2004. The team is expected to attempt to recover $22 million of Vick's signing bonus.

I believe that the grievous and sensitive wounds caused by Vick’s actions could have been handled with more compassion. Problem is, most people think of themselves as morally above reproach and therefore have no sympathy for the flaws of others. The self-delusion of such thinking is caused by an inflated comparison of one’s moral life with the known faults of others. Showing compassion for Vick, though perhaps not a popular position, would help us retain a sober, ethical estimate of ourselves.

I also wonder where Michael Vick might be today if he had more effective representation…someone who would have spent as much time and energy counseling Vick on the many different ways a team or league can terminate a contract based on off-the-field behavior as was spent on trying to negotiate language to avoid the NFL’s death penalty; questioned him about his off-the-field activities to determine whether Vick was engaged in any activities/behavior that might be interpreted as a violation of his contract; provided leadership/personal development services to equip Vick to make better decisions concerning off-the-field activities/behavior; who could help Vick understand that preserving and protecting his investment was more important than recruiting other athletes on the basis of the contract he negotiated for Vick.

If you have questions or require additional information, please contact Everett L. Glenn, Esq. at eglenn@espsportslawpro.com or call 562.619.8460.