The ongoing saga in Los Angeles remains unresolved, but league Commissioner Adam Silver did provide a telling update on what we might expect from this investigation. Interestingly, he clarified that the burden of proof lies with the NBA to prove that the Clippers broke cap circumvention rules.
“The burden is on the league if we’re gonna discipline a team, an owner, a player, or any of the constituent members of the league,” said Silver. “I think with any process that requires a sense of fairness, the burden should be on the party that is bringing those charges. In terms of your specific question about circumstantial evidence, we and our investigators look at the totality of the evidence.”
Between the details of Kawhi’s contract with Aspiration, his history of illegal requests, and Ballmer’s involvement with the company, there are a lot of facts to support the idea that the Clippers are guilty. Still, the NBA will do everything to ensure that the Clippers are treated fairly throughout the entire process.
“Just by fundamental fairness, I would be reluctant to act if there was a mere appearance of impropriety,” added Silver. “I think the goal of a full investigation is to find out if there really was impropriety. In a public-facing sport, the public reaches conclusions that turn out to be false. I would want anybody else in the situation Ballmer’s in now to be treated the same way I would want to be treated if people were making allegations against me. We’re not a court of law at the end of the day, either. We have broad authority to look at all information and to weigh it accordingly.”
The NBA has a precedent for how to respond here. While the Joe Smith case with the Timberwolves is not exactly the same, they are the last team to get caught circumventing the salary cap, and it came with devastating consequences, including a fine, suspensions, and the voiding of Joe Smith’s contract.
If the NBA finds the Clippers guilty of the same act, things could be even worse for them, given the sheer amount on the table here (over $28 million). Already, some executives feel that there’s enough to “bring the hammer down” on Ballmer, even without verifiable proof to discredit the allegations.
Of course, it’s up to the league to draw a conclusion on what happened, and the process will involve a thorough investigation to determine the Clippers’ involvement. While they do not need hard evidence to take action, the punishment will be weighed accordingly.
The best case for the Clippers is if the NBA decides they don’t have enough to conclude guilt, and they’re allowed to get off with a light fine or warning. Steve Ballmer has denied everything, and if the allegations are “provably false,” like he claims, his team should be in good shape to come out of this clean.
At this point, the Clippers’ fate hangs entirely on what the NBA can prove. Silver made it clear that the league won’t act on appearances alone, but the weight of circumstantial evidence already has rival executives convinced that something shady went down. Whether the investigation clears Steve Ballmer or drops the hammer on the Clippers, the outcome will shape how future cap-circumvention cases are handled and may redefine the limits of star power in the NBA.
