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Falcons’ Kirk Cousins tampering penalty, explained

The Atlanta Falcons are losing a draft pick due to allegations of tampering during free agency

The Atlanta Falcons made a massive move this free agency period, including signing quarterback Kirk Cousins to take over under center.

However, a misstep in that process now sees the Falcons forfeiting a draft pick.

The NFL announced on Thursday that as a result of an investigation into allegations of tampering regarding the Cousins signing, the team is being docked a fifth-round selection in the 2025 NFL Draft. In addition, Atlanta will pay a fine of $250,000, and General Manager Terry Fontenot has been fined $50,000.

In addition, the NFL found that Cousins was not the only free agent involved. As first reported by ESPN NFL Insider Adam Schefter, the team had “ … improper contact with prospective unrestricted free agents Kirk Cousins, Darnell Mooney, and Charlie Woerner during the two-day negotiating period prior to the start of the 2024 League Year.” (Emphasis added).

According to the reporting from Schefter, the discussions with those three players may have involved travel arrangements. As Schefter stated on social media, “[w]hile the policy permits clubs to engage with and negotiate all aspects of an NFL player contract with the certified agent of any prospective unrestricted free agent during the two-day negotiating period, any direct contact between the player and an employee or representative of the club is prohibited. This includes discussion of travel arrangements or other logistical matters, which the club acknowledges took place with regard to these three players.” (Emphasis added).

Therefore, the misconduct did not take place prior to the two-day negotiating period, as was alleged, but rather during the negotiating period. This led to the lower penalty, according to Tom Pelissero of the NFL Network.

The investigation into the alleged tampering dates back to Cousins’ introductory press conference, held on Wednesday, March 13. That was the same day that the NFL’s League Year officially began, following two days of the league’s “tampering period.” During the league’s tampering period, teams cannot make contact directly with players, only their agents.

However, Cousins had this to say that Wednesday evening: “Kyle [Pitts] was probably the first, if I can remember, back a few weeks, he was recruiting,” Cousins said at the press conference. “It’s always fun to be wanted and so I appreciated that and he did a great job kind of leading the charge.”

The quarterback then added that the Atlanta tight end texted him something to the effect of “[w]e’re ready for you to take us to the promised land.”

That was not the only comment that NFL minds noticed. Cousins also said this that Wednesday: “You look around and you think, ‘Boy, there’s great people here,’” Cousins said. “And it’s not just the football team. I mean, I’m looking at the support staff. Meeting – calling, yesterday, calling our head athletic trainer, talking to our head of PR, I’m thinking, ‘We got good people here.’” (Emphasis added)

A lovely gesture from Pitts, and a nice comment from Cousins to be sure, but ones that could land the Falcons in some hot water, and reshape the 2024 NFL Draft.

Under the NFL’s rules involving tampering, “[n]o club, nor any person employed by or otherwise affiliated with a club, is permitted to tamper with a player who is under contract to or whose exclusive negotiating rights are held by another club.” (Emphasis added).

Furthermore, regarding the tampering period:

Two-Day Negotiating Period. Notwithstanding the foregoing, during the period that begins two calendar days prior to the expiration of NFL Player Contracts (the “Two-Day Negotiating Period”), clubs are permitted to contact the certified agents of players who will be Unrestricted Free Agents at the end of the current League Year and enter into contract negotiations with them. A contract, however, cannot be executed with a new club, or submitted to the League office, until after the beginning of the new League Year. During this two-day period, a prospective Unrestricted Free Agent cannot visit a club (other than his current club) at its permanent facility or at any other location, and no direct contact is permitted between the player and any employee or representative of a club (other than his current club).

(Emphasis in original)

It was thought that the contact with Pitts and other members of Atlanta’s staff would lead to penalties. However, as the league announced on Thursday, it was something else instead.

Leading to a more minor penalty than what many expected.

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