NBA Fines Blazers Guard Rudy Fernandez $50K For Comments Made By Gerard Darnes
by Ben Golliver on Oct 11, 2010 4:05 PM PDT
in News
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PrintThe National Basketball Association has issued the following press release, announcing a fine for Portland Trail Blazers guard Rudy Fernandez for comments made by his European agent, Gerard Darnes, last week.
PORTLAND TRAIL BLAZERS' RUDY FERNANDEZ FINED
NEW YORK, October 11, 2010 - Rudy Fernandez of the Portland Trail Blazers has been fined $50,000 for public statements detrimental to the NBA, the league announced today.
The statements, which concerned a desire to be released by the Trail Blazers, were made by Fernandez's agent, Gerard Darnes, on October 6. Fernandez was previously fined $25,000 on August 19 for statements
concerning his desire to be traded or released by Portland.
Darnes first made comments regarding his client in an interview that aired on 95.5 FM's The Morning Sports Page with Dwight Jaynes and Chad Doing.
Darnes followed up that interview with an email sent to members of the Portland media, first published on Blazersedge, further defending his client's request to leave Portland and also making comments critical of the NBA's treatment of international players.
-- Ben Golliver | benjamin.golliver@gmail.com | Twitter
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How can Rudy be fined for comments his agent makes?
by Nick Van Excellent on Oct 11, 2010 4:06 PM PDT reply actions
Because an agent represents His client.
That’s my guess.
"[S]ince men enjoyed very great leisure, they used it to pursue many kinds of commodities unknown to their fathers, and that was that first yoke they placed upon themselves without thinking about it, and the first source of evils the prepared for their descendants. For, besides continuing thus to soften body and mind, as these commodities had lost almost all their pleasantness through habit, and as they had at the same time degenerated into true needs, being deprived of them became much more cruel than possessing them was sweet; and people were unhappy to lose them without being happy to have them." -Jean-Jacques Rousseau
For the same reason that Rudy's agent gets a cut of his salary?
Rudy chose this guy to represent him in all his legal and financial dealings. The agent only made these comments to further Rudy’s financial and career aspirations.
by Greetings from the Lord Humongous! on Oct 11, 2010 4:19 PM PDT up reply actions 1 recs
That's got to be the second best screen name I've ever seen.
"[S]ince men enjoyed very great leisure, they used it to pursue many kinds of commodities unknown to their fathers, and that was that first yoke they placed upon themselves without thinking about it, and the first source of evils the prepared for their descendants. For, besides continuing thus to soften body and mind, as these commodities had lost almost all their pleasantness through habit, and as they had at the same time degenerated into true needs, being deprived of them became much more cruel than possessing them was sweet; and people were unhappy to lose them without being happy to have them." -Jean-Jacques Rousseau
What's the best?
When the world knows Nico Batum as "The Inevitable", I'll be very happy with where he is as a player.
http://www.sbnation.com/users/barelylegal
I used to go by tominhawaii. My real name is still Tom.
by LukeBabbittFTW on Oct 12, 2010 5:13 AM PDT up reply actions
I like GftLH better
Yours is pretty good too.
When the world knows Nico Batum as "The Inevitable", I'll be very happy with where he is as a player.
I'm dissappointed to have such an exciting season ahead for my team and to be bombarded
by the downfall of this nonsense. Trade him already.
Wow ... I would say so!
So, he’s gotten $25K for what Andy Miller said, $50K for what Darnes has said … and nothing for what he said on media day? Seems like Darnes was just acting in the best interests of his client but it doesn’t seem to have worked out all that well for Rudy. Maybe he needs to find new agents?
Dude really needs to fire both of his agents......
there had to have been a better way!
Go to Heaven for the climate, Hell for the company.
This is getting expensive. A few more comments like that and Mark Cuban's record will be in danger.
Rudy doesn’t earn a big salary. Pretty soon David Stern will have to garnishee his future wages.
he's lost 6% of his season salary already
"I want to be traded to a contender" is almost always code-speak for "I'm a loser."
-Dave, 2/5/2010: http://www.blazersedge.com/2010/2/5/1297509/no-amore-for-amare
Just as I thought "hey, the center depth chart has replaced the Rudy situation"...
"Listening to the media only increases your odds of failing at whatever you are doing" - Mark Cuban
I'd been doing my best to rile up the center debate and change the topic away from Rudy. And now this.
"You're not too smart, are you? I like that in a man." - Matty Walker in Body Heat (1981)
by BlazerFanSince1970 on Oct 11, 2010 4:26 PM PDT up reply actions
ridiculous
75k is like 60% of his gross salary this year for him. With tax, he’s barely gonna be making any money.
dumb agent. dumb rule. (and i’ve yet to consider the double standards here)
PHILLY!
D'OH!
But you’re right, that is a lot of money, especially considering it is after his salary has been taxed. But does he pay the same state and federal taxes? If so roughly $623,000 after taxes (assuming he abides by the state/federal taxes) – $75,000 = ouch. I would hire new agents.
yeah....I doubt fines are pre-tax
so based on the figures above the $75k is more like 12% of his take home salary. That’s no laughing matter
Truth is though, I'd be surprised if his agency wouldn't pay the fine, and probably expected it.
Assuming there’s no NBA rule against agents paying fines (I don’t know).
Fines go to a charity
So as long as he itemizes, he gets a 75k writeoff.
Fines are considered a business expense, even though they eventually go to charity
So he can expense it and pay lower US taxes, but still, that’s quite an expense. (If, of course, he pays it and isn’t reimbursed by his agent.)
I didn't word it well
It’s not a charitable donation, but a business expense — the IRS allows athletes to include a fine with their other ordinary business expenses, which are deductible once they exceed 2% of their adjusted income. So yeah, if he itemizes he gets the writeoff, just not as a donation. There’s a limit on how much a person can itemize, though and it’s hard to say what the actual tax impact would be. In the end, he may not be able to deduct it all.
(I still think Timmay nailed it though — the agent’s business will probably pay the fine, not Rudy.)
Man, that's a lot of mortgage payments.
I listened to the interview in question that Rudy’s European agent gave and it was brutal. I don’t think much was lost in translation- most of his points were prepared and reiterated over and over again. It’s a bit unfortunate that Rudy had to be fined for this instead of his Euro agent but I don’t care that much. Rudy Fernandez just might be the best 15th man on an NBA roster this year. I’ve worked in Germany, Italy, and China and I honored my contracts- not making millions. Christ, you think our military members stationed in TX, FL, Iraq, etc. don’t miss their friends and family too? Umm, Captain- I’m just not feeling Afghanistan today- sorry bro. If you don’t let me go my mom is going to call the Stars and Stripes radio station to complain.
They're rounding the bend, and it's LeGarie by a nose...
Darnes is closing fast! Rudy just got a fine, putting Darnes and LeGarie neck-and-neck! Oh, another ESPN segment featuring Tom Penn! That puts LeGarie out front! KP got a phone call from a prospective team looking for a GM! Oh wait, that was all smoke and mirrors, folks! LeGarie’s loosing steam! And it’s Darnes by a nose!
Stealth > Wealth
harsh
Michael Jordan is the Nicolas Batum of America
"I was like, 'Wow, we get a run.'-Felix Hernandez
Artis Gilmore for Hall of Fame
due to his low support around Bedge, Rudy Fernandez is temporarily my new favorite player
Overkill
I’m sure it will help in convincing Rudy the NBA is for him though…
Frye-lock and I'm on top rock you like a cop
If Rudy decides not to play this does this buffoon still get paid?
by southern oregon on Oct 11, 2010 4:32 PM PDT reply actions
I'd like to thank Rudy and his agents for their contributions to the NBA's charity fund. It's for a good cause, Rudy. Really.
(Too bad the NBA isn’t really open and honest about where that money goes.)
what happens when...
a player decides simply not to pay – he has a constitutional right, while in America, to freedom of speech. Additionally, he cannot sign away those rights in any enforceable contract.
Eventually, some player, either in the NFL or NBA, will refuse to pay a fine on what amounts to a moral ground. Someone like Rudy, who is presumably on his way out of the league already and has very little to lose (in theory) by burning a bridge, would be an ideal type candidate. The league would also have an interest in settling rather than having the phrase “detrimental” be examined in court.
M, period. Fresh, comma.
Hmmm, I'm no lawyer, but...
Business/employment agreements need not afford the same rights as citizenship do. I have the right to bear arms, but I’m pretty sure my employer can tell me that part of my job is to NOT pack heat at work, or I can seek my employment elsewhere. The union agreed to all these rules, including the acceptance of fines in these situation when it agreed to the CBA. That’s my guess anyway.
counterpoint
many of us sign non-compete agreements when we take a job. These are largely unenforceable.
Basically, the system works because at end of the day, the owners have the pot of money and the cost of paying a fine will almost always be less than the cost of litigation and the threat of being ‘black-listed’. Some day, a player will damn the costs and take a moral stand (ala Curtis Flood, who “signed” a contract with a reserve clause). I wish the NBA good luck in proving that Darnes’ comments were ‘detrimental’ to the NBA.
M, period. Fresh, comma.
except
that players all sign on to the Collective Bargaining Agreement so they can receive guaranteed contracts. In exchange for the protections of the Collective Bargaining Agreement (primarily guaranteed contracts), the players agree to abide by the league’s Conduct Policy and cede enforcement power to Stern. It’s a give and take. The non-compete agreement you sign at work is largely unenforceable because you haven’t really been promised anything in exchange—you are an at-will employee, and the non-compete will make it impossible for you to earn a living if you get fired. In the NBA, the NBA is promising to take care of the player for the duration of the contract (+ a pension which is also bargained-for during the CBA negotiations), so the same rules don’t apply.
hard to refuse to pay when your check is simply garnished
Law of Logical Argument
Anything is possible if you don't know what you are talking about.
by blacknoiseNW on Oct 11, 2010 7:00 PM PDT up reply actions
fines are deducted from checks i believe
so players have no option to “take a stand”.
Proof RealGM is run by amateurs
Their title for the story:
Comments made by Rudy Fernande’z agent have led to a $50,000 fine.
The First Amendment Says that the GOVERNMENT can't limit free speech!
The NBA is a business, not a government.
The NBA has the legal right to fine him, I suppose, but I don't see the point. he hasn't threatened to not honor his
contract, he’s just said he’d rather be cut loose. Big deal.
Quick was on 95.5 and said that Rudy no longer speaks with him and seemed to not quite get why. He blathered on about players responding to criticism. Of course what Quick did wasn’t criticism but a calculated person insult. I wouldn’t be surprised if other players haven’t taken notice.
Quick was on 95.5 and said that Rudy no longer speaks with him and seemed to not quite get why.
Rudy is going to go from a crybaby to a surly character (like Andre) in JQ’s next opinion piece. That’s the price a pro player pays for not answering inane questions over and over
When reached 40 years of following Portland basketball you have, be as passionate of the Trail Blazers you will not!
Seriously?
Maybe he’s just a little too slow to realize it’s his own doing. Maybe he needs us BEdgers to take a page out of the Martell playbook:
http://blog.oregonlive.com/behindblazersbeat/2009/04/behind_the_blazers_locker_room_10.html
See him on the street or in the RG? “Hey Quicksand! Whatsup man?”
I can forgive Rudy for being young and be grateful for him showing a commitment to his teammates if nobody else. Now unfortunately he’s got to grow up more, right now, and learn that it’s his career and it’s time that he shortens the leash on his agents… seems like he’s already shortening JQs leash, which is a move in the right direction.
Like the Whos down in Whoville they did it without boxes or ribbons or bows, they did without centers or posting down low. They won without All-Stars and Spaniards and Frenchmen. They won with old geezers and sub-par defense-men. They won playing rookies from deep off the benches. They won with their grit and their guts in the trenches. And some who observed them have been known to say that their hearts grew three sizes (at least!) on the way. One hopes with their poise and their passion now proven that once they are healthy their game will be groovin'. -- Dave
by conspirator5 on Oct 12, 2010 10:26 AM PDT up reply actions
All beat writers tread a fine line
Jason is getting pressure from O-live to write controversial stuff, but if he “crosses the line” and unfairly criticizes players he could be frozen out in the locker room. This happens more in baseball, but if a beat writer loses his key sources for quotes (and remember, Quick “lost” KP last spring) eventually he becomes irrelevant and starts looking for work in a different market
Jason could be reaching the end of his tenure in Portland. Just like with coaches, no beat writer lasts forever. Like I wrote last week, the real money (such as it is) is in being a columnist, and Quick has got to be looking at Canzano and asking himself “what have I got to do to get where John is?” in the industry.
When reached 40 years of following Portland basketball you have, be as passionate of the Trail Blazers you will not!
Dear Drama Queen Jason, I can help...................... 1. Shave your head...
Like I wrote last week, the real money (such as it is) is in being a columnist, and Quick has got to be looking at Canzano and asking himself "what have I got to do to get where John is?" in the industry.
You’re welcome.
"A bizarre and extremely rare hybrid Blazer/Laker fan, Timbo has always struggled to contain the Beast Within, like Dr. Jekyll, Bruce Banner, or Ted Kennedy." — Miled Animal
This fine is such a stupid idea.
And is going to ruin the upbeat, 3-shooting Rudy we’ve FINALLY seen again. I hate David Stern and the idiot league.
Yeah, dumb fine
dumb agents too.
Until he's not, Rudy's a Blazer.
by collectiveshane on Oct 11, 2010 5:33 PM PDT up reply actions
Dears,
I is being so sorry for my mispeakenings about my client, Rudolfito. He does not deserve any of these finings. My speaks are my own’s, and if there is a person deserve the finings, it is myself.
With many loves,
Gerard Darnes
Stealth > Wealth
by 500dogs on Oct 11, 2010 5:36 PM PDT reply actions 1 recs
How do you paste photos/pictures onto this site?
I’ve tried and wasn’t able to get the photo to “paste”.
It's gotta be online...
So that means Photobucket, or any online source. Then click the little pic of a tree between the subject and body text, copy the URL from the photo, then paste it in the field, and voila.
Stealth > Wealth
Silly or not?
I see some people here thinking it is unfair to punish him so harshly for something his agent said, but his agent’s job is to represent him. Too many players these days are using their agents as mouthpieces to try to get their way (‘Melo and CP3 as recent examples, and playing the "I didn’t say that" card to avoid the bad PR of being called a whiner, etc.). The fact is, Rudy’s agent’s comments have a very concrete affect on the blazer’s organization and the NBA, namely, that he has become untradable. Hell, the pick we bought to get him cost PA 3MM, right, so if he makes himself untradeable and refuses to play (or mopes, or whatever), that cost the blazers 3MM to start with and the opportunity cost of drafting a player who wouldn’t want to back out of his contract. I hear those that are saying it’s just mean, but I have a hard time believing that it wasn’t a calculated decision to wreck his trade value, so we’d just release him (and pay him…). If Rudy and his agents want to play those games that are so detrimental to his team, then he’s just going to have to pay the consequences or tell his agents that the plan didn’t work, so shut up.
by Dunemonkey on Oct 11, 2010 6:07 PM PDT reply actions 2 recs
Wasn't the other $25,000 Andy Miller's?
He really needs to get a new agent or two.
When the world knows Nico Batum as "The Inevitable", I'll be very happy with where he is as a player.
I must repeat what I said on a previous post.
Rudy’s biggest problem is the big mouths of his agents!
Somebody step up! - Mike Rice
I really don't feel sorry for Rudy,
and I am tired of this personally. This organization does not need or deserve this. I find it really hard to believe that Rudy’s agent didn’t vet the letter or statement through Rudy before sending it out, and even if he didn’t it is still on Rudy for hiring such a piece of work. Rudy signed a contract and he has every right to say whatever he wants, including hold out, he will just have to pay for it one way or another. Those that think poor Rudy (and it is amazing how many) probably have never signed a contract in their lives and obviously are a little lacking in the trust and honor department.
Why are they thinking "poor Rudy", though?
There are those that sympathize with Rudy missing his family. He’s thousands of miles from home. He’s dealing with a totally different language and culture. How many of the friends he made growing up are within 3000 miles of where he is? Yes, he will have friends in Portland, but can he speak his native language with any of them? When you are dealing with a different language and culture, it makes a huge difference to have somebody from “back home” around. Rudy has been injured. Surgery is bad enough, but when you are away from home, it’s even harder. Yes, he’s making a lot of money, but most of that is still going towards the buyout for his European contract, and money doesn’t buy happiness. That’s why I have sympathy for Rudy. That doesn’t mean that I am lacking in trust or honor.
However, that doesn’t mean I have any sympathy for the way he and his agents have handled the situation. Quite frankly, it’s been terrible. However, I don’t really see what more people are asking Rudy to do. He’s honoring his contract to the best of his ability. He’s playing hard. Yes, he could fire his agents, but is there something else that people are looking for Rudy to do?
When the world knows Nico Batum as "The Inevitable", I'll be very happy with where he is as a player.
I'm sorry I don't have any sympathy at all, maybe that is my problem.
But the main thing that some Blazer fans are ignoring is that this one player has hurt the franchise and truth be told I care more about the Blazers as a whole than this one person. If money doesn’t buy happiness then why doesn’t he just leave and pay the penalty/fine whatever it is, contract be damned? He is acting like a spoiled child and how many people go across the country for college or jobs or whatever, even other countries and do just fine. Rudy is a member of one of the most exclusive fraternities in the world, everything on a silver platter. Time to buck up and make the best of it and keep the negative to himself and stop being a distraction. He has ruined any chance at all of going to a different team where he would find like countrymen and has virtually assured himself of wearing a Blazers uni for the foreseeable future. His situation is of his own making and for that, there is no reason to really feel sorry for him…
He can't afford to just leave
He’s still paying his European buyout.
Is he still acting like a spoiled child? It looks to me like he’s gotten his head right about what he needs to do. Yes, some of his agent’s (or maybe that should be agents’) comments have probably hurt the franchise, but that significantly? And he seems to be doing as much as he can to repair that damage. Do you disagree with me on that?
Time to buck up and make the best of it? As near as I can tell, that is exactly what he is doing. Keep the negatives to himself and stop being a distraction? He hasn’t been talking to the media. He was required to by the league on media day, and he answered questions honestly. Since then I haven’t heard anything directly from him. The biggest reason he’s still a distraction is that he’s playing well, and isn’t that what we want from him? I think he’s actually doing everything you just said you want him to do. Is there something more you want from him? I’ve been reading a lot of “quit whining and play” comments from people on here, and that’s exactly what he’s done.
I have sympathy for his desire to be near his family. I have sympathy for his desire to play in a system that he is more comfortable with. He’s made a mess of the situation, and now he needs to deal with the consequences, but he seems to be doing so.
When the world knows Nico Batum as "The Inevitable", I'll be very happy with where he is as a player.
Well....
I haven’t been happy about Rudys handling of this situation. BUT…
I think this fine is ridiculous.
The N.B.A. is paranoid.
I listened to that interview and the statements made by Rudy’s agent and he simply reflected Rudy’s already stated desire….which I think while regrettable is valid. As far as criticism of how the N.B.A. handles foreign players…that came in response to a direct question AND Gerard Darnes presented it as his own opinion…
I REALLY don’t like this fine. So you can’t criticize the mighty N.B.A.? The net result of something like this will be a reduction in communication. Agree or disagree Gerard Darnes was defending his client and offering communication to the local media. Fines like this will just result in US the fans, getting less information first hand.
Do you think Gerard Darnes or even Rudy himself are going to be forthcoming with any information now?
What’s the N.B.A. afraid of? To me the N.B.A. has to be big enough to simply take some criticism warranted or not….you don’t fine an agent simply because he says the N.B.A. needs to change how it does business with foreign players. That’s his opinion…he’s entitled to it.
I don’t like Rudys approach to this situation, and I’m disappointed in his attitude…BUT I think he has the right to communicate his true opinion if he wishes…even if I don’t agree or think it wise…
It’s the same thing the N.B.A. does when a coach or player criticizes the officiating. Instead of the N.B.A. reacting by levying heavy fines to anything it perceives as criticism, I think the N.B.A. might be better served to look within….or simply take it….
"Mother Nature started this fight, I think it's about time we ended it!"
the nba is doing the right thing
they don’t want players to simply have the power to force trades by threatening to not honor contracts or by saying they will be unhappy. it’s a competitive balance issue and the nba has fined many players for it over the years. they aren’t doing it because they don’t like being criticized.
as for reducing communication, the nba does not want agents publicly pushing for trades. in that sense yes, it will reduce that sort of communication. i’m not sure how it’s a detriment to anyone that gerard dames is less forthcoming with rudy’s desire to be released? how is this a big loss?
Still wrong though...
First of all Rudy IS honoring his contract. As a human being, if asked, I think he has the right to simply state his true feelings.
Also the wording of the release from the N.B.A. " fined $50,000 for public statements detrimental to the NBA"…make me think it’s not so much Rudy’s personal statement of feeling but more Rudys agents statements that the N.B.A. need to change the way they deal with foreign players…
I think the N.B.A. is being paranoid and over reacting.
"Mother Nature started this fight, I think it's about time we ended it!"
Do you think Gerard Darnes or even Rudy himself are going to be forthcoming with any information now?
You’d think that Darnes and Fernandez would have learned after the 25k fine to Andy Miller for making similar inflammatory comments, back in August
John Strong said something interesting earlier about how this kind of posturing goes on all the time in Europe (soccer stars, etc) The NBA isn’t going to stand for it, and I suspect that Rich Cho is grateful to David Stern and the league office for cracking down on the rhetoric coming out of camp Fernandez
When reached 40 years of following Portland basketball you have, be as passionate of the Trail Blazers you will not!
Well...
I think I’m just going to disagree with some people.
But IMO the league needs to be bigger than the criticism. What an agent says, as his own opinion, positive or negative shouldn’t even register.
If Gerard Darnes say’s Rudy wants to become a Cowboy and the The N.B.A. needs to totally rethink how they deal with European Basketball players…the league should just ignore it.
When The N.B.A. levys huge fines in response to criticism of itself either from players, agents or coaches…it just seems insecure.
Again, I’m not happy with how Rudy or his agent have handled this situation…BUT given that Rudy IS honoring his contract….this fine IMO is paranoid and ridiculous.
"Mother Nature started this fight, I think it's about time we ended it!"
I think changes need to be made in the next CBA
if the NBA wants to attract the best Euro players in the future, because with the US economy being what it is and the NBA’s rookie contracts applying to older European stars, there’s not a lot of incentive for the best talent to venture across the pond
I’m no fan of Stern and his tactics, but if Rudy was somehow able to wriggle out of his contract that would be bad for Portland. He’s already cost the team trade value with the public demands (via his agents) this summer, and now that he’s playing well again it just illustrates why it was smart for the Blazers front office to not “dump” Fernandez for a late first round draft choice back in June/July. A lot of Blazer fans were saying then that Cho would never get more than _ for Rudy, well how do you like him, now?
I don’t believe for a minute that this season is going to be smooth sailing for #5 and everything’s going to remain the way it was during his rookie season (fool me once…) but I’m glad that Fernandez is taking his contract seriously and playing hard and with a passion again, this fall. In the short/long run, the better he plays, the better it is for Portland, whether he stays and contributes or is eventually dealt for an equitable return.
When reached 40 years of following Portland basketball you have, be as passionate of the Trail Blazers you will not!
No likely trade.
That’s the problem. It doesn’t matter how he plays because he’s made it clear he wants to go back to Europe because the money for his level of play is much better. Rudy can play to keep the paycheck coming – but he’s a one or two year rent a player at best. He’s had much larger contracts on the table in Europe since we drafted him up – and he will not get a the equivalent payday in the NBA even if someone picks him up. And, every GM in the league knows it. We’ll get playing time because if he dogs it we can sit him and likely not pay him – but that’s all we have left.
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