Why The NBA Stopped Short On Kawhi Leonard Punishment

The NBA's inability to void Kawhi Leonard's contract underscores the league's need for substantial evidence when navigating player agreements under the collective bargaining agreement.

The NBA’s punishment of Kawhi Leonard in the Clippers’ salary cap circumvention case has drawn plenty of heat, but ESPN’s Shams Charania laid out the league’s thinking on TSN Sports: there wasn’t enough evidence to go after Leonard any harder.

That distinction matters, because the Clippers themselves were hit with major penalties. The league took away five future first-round picks, fined owner Steve Ballmer $30 million and suspended him for a year.

Leonard’s punishment, by comparison, was far lighter. He was ordered to pay back $700,000 in restitution, but he was not suspended and his contract was not voided.

Charania said the NBA could not simply impose a harsher penalty on Leonard without being prepared for a fight with the National Basketball Players Association.

“You know, I’ve definitely seen the conversation like, did the league take it too light? The reality is it’s hard for the league because of how the collective bargaining agreement is, and there is a players’ union. And so having to negotiate with the PA, they had to have every form of evidence if they were going to go down the path of voiding Kawhi Leonard’s contract or administering a suspension.”

“And when you look at the report, you know, clearly the league didn’t. The one person that was banned was Dennis Robertson, Kawhi Leonard’s uncle, who was fired by Kawhi in June. And so the league, if you are going to go toward voiding a player’s contract, you have to have a stone cold case, otherwise you’re dealing with a ton of real litigation and real arbitration through the NBPA, and that’s obviously not a fight the league moved forward with.”

Charania and ESPN reported that the league’s investigation found Leonard did not know about the salary cap circumvention. His uncle and former business representative, Dennis Robertson, was the person handling his business affairs.

Robertson was banned from conducting NBA business for five years, which appears to be the key reason Leonard avoided a major punishment.

That has done little to quiet the criticism. Adam Silver and the NBA have faced plenty of pushback over Leonard’s relatively soft discipline, and Stephen A.

Smith has been among the loudest voices. Before Leonard’s move to the Toronto Raptors was completed, Smith argued that Leonard should have been suspended for a season or forced to repay every dollar the league deemed improper.

Former Clippers forward Danilo Gallinari also took aim at the outcome, saying Leonard should pay back $50 million after everything that happened in Los Angeles.

Still, the league had to work within the collective bargaining agreement. Suspicion, or evidence aimed at other people involved, was not enough to justify voiding a guaranteed contract. That left the NBA with a choice: push for the toughest possible punishment and risk a drawn-out battle with the NBPA, or stick to what it believed it could prove.

The league went with the latter.

Leonard has now completed his move to the Toronto Raptors, and he can move forward with his career. He remains on the hook for the $700,000 restitution, but his contract is intact, he is eligible to open the season without a suspension, and he is widely expected to land a contract extension as well.

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