The Miami Heat are being investigated for possibly tampering with Kyle Lowry’s sign-and-trade deal, a situation that could have disastrous repercussions for the entire franchise.
ESPN‘s Adrian Wojnarowski and Ramona Shelburne were the to first break the news on Saturday that the Heat were under investigation. On Sunday, more details surrounding the investigation were revealed.
ESPN analyst and former Nets executive Bobby Marks told the Miami Herald‘s Anthony Chiang, “There was a team that complained, and now it’s the league’s job to investigate it.”
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So, what team reported Miami to the NBA? Marks said we can eliminate the Toronto Raptors as a suspect, as they received Goran Dragic and Precious Achiuwa from the Heat in the sign-and-trade deal.
“The thing here where it’s a little bit different is it’s not one of these teams complaining about each other,” Marks said. “Everyone benefited. Nobody got screwed over and then one team is complaining about the other team tampering. So they all benefited. But the sign-and-trade at 6 o’clock when it comes out is a major red flag.”
Numerous other teams were interested in Lowry before free agency started. It could be that another franchise, who felt like they didn’t get a fair shot at signing the veteran guard, reported Miami to the NBA
Lowry’s Sign-and-Trade Deal was Confirmed Only 38 Minutes After Free Agency Officially Started
While the Heat were long considered the frontrunners to sign Lowry, suspicion of tampering arose when the six-time All-Star confirmed he was taking his talents to South Beach on Twitter at 6:38 p.m. ET. Per NBA rules, a team is not allowed to make contact with the free agent or his representatives until the start of free agency, 6 p.m. ET on August 2.
The NBA is investigating whether or not the Heat contacted Lowry and/or his agent regarding a potential contract before 6 p.m. on Monday. It seems if Lowry and the Heat would’ve been in the clear if they just waited a little bit longer to announce the trade.
The Chicago Bulls are also under investigation concerning their acquisition of Lonzo Ball from the New Orleans Pelicans, which was announced at 6:01 p.m.
“When the moratorium lifted, that was the first transaction,” Marks said.” So if you’re the league, you’re thinking wait a minute. A complicated sign-and-trade, how did this come about? So I think you just got to be smart about it.”
“Just wait an hour for it come out,” Marks continued. “You didn’t need to be first. I think that’s kind of the league’s perspective. Yeah, everyone is talking and stuff. But eventually you have to kind of draw a line in the sand a little bit.”
Marks speaks from experience. When he was working in the Nets front office in 2013, the NBA investigated the team’s acquisition of Andrei Kirilenko from the Minnesota Timberwolves. The red flag was that Kirkilenko opted our of the final year of his contract with Minnesota, which would’ve paid him $10.2 million the following season, to sign a two-year $6.5 mill contract with Brooklyn.
The Nets were eventually cleared in the investigation, which can take up to two weeks to complete. Marks can commiserate with any team forced to go through this arduous process:
I’ve been through it. I always say it every year when you hear one of these stories. When you get investigated by the league, it’s probably one of the most uncomfortable things because it’s not the league who’s doing it. Basically they bring in an outside law firm and they go through everything. They go through your records, they go through your personal emails, your texts. You’re going through a lot of different things here. It’s almost like you’re guilty before innocent.
If Found the Heat are Found Guilty, What Kind of Punishment Will be Implemented?
If the league is successful in proving tampering took place, the repercussions will be disastrous. Miami Herald‘s Barry Jackson reported, “If the NBA nullified the Lowry deal, Dragic and Achiuwa potentially could be returned to the Heat and Miami would not have cap space to improve the roster other than through trades and a $3.6 million bi-annual exception.”
“The Heat’s 2023 and 2025 first-round picks are owned by Oklahoma City, so stripping the Heat of draft picks could further deplete Miami’s limited remaining trade assets,” Jackson noted.
However, Marks doesn’t believe the punishment will be that harsh. “I would say highly, highly unlikely that the trade will be voided and that Kyle is a free agent all of a sudden,” he said. “I think what will happen is if they’re found guilty, there will be some financial penalty and draft picks will be lost here. That’s kind of how I see it.”
According to Article 35A of the league’s constitution, “No person may, directly or indirectly… entice, induce, persuade, or attempt to entice, induce or persuade, any Player who is under contract to, or whose exclusive negotiating rights are held by any other Member of the Association. Penalties for violating this anti-tampering rule could include suspension, forfeiture or transfer of draft picks and fines up to $10 million.”
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