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The situation with Kawhi Leonard and the Los Angeles Clippers has become the recent wave of NBA controversies. Pablo Torre unearthed a “no-show job” agreement, which saw aspiration sign Leonard to a $28 million marketing deal. He made a strong case, enough for the NBA to investigate the 2019 blockbuster trade once again. From the outside, it seems to be a strong case that includes a confession from an anonymous employee.

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Bad news? Those don’t hold much value, according to Bobby Marks. Having spent time in the NBA’s front office, Marks admits to being investigated himself. He does acknowledge that there is some “truth” to Torre’s findings. But that’s only from a narrow perspective of tying the entities together.

Proving these things through an investigation is a different process altogether. “Optics and what you are convicted of and what the league finds are to two totally different things her,” says Marks. So while there’s clear evidence on Ballmer investing in Aspiration and Kawhi Leonard being hired for his services, evidence is still lacking. And Marks doesn’t think the Clippers would leave anything to the obvious.

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“Unless there is a paper trail where basically and a paper trail does not consist of seven former workers who are masked behind one of those devices that disguises your voice…You’re going to need to show a paper trail of evidence in that the money that Steve Ballmer paid for this startup company which actually went bankrupt and is now in under a criminal investigation… That the money that Steve Ballmer invested in this company went into Kawhi Leonard’s pocket directly. So basically, when he made the money the um the the when he wrote a check or sent a wire, that wire directly went into Kawhi Leonard’s pocket. I think it’s going to be extremely, extremely, extremely difficult to do that,” Marks explained on ESPN.

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In such cases, what matters is concrete proof. Bobby Marks doesn’t see it as a situation like the one with Joe Smith and the Timberwolves. The penalties in that case were severe for the franchise. But the Clippers aren’t in for that. If indeed the NBA’s investigations find them guilty of paying Kawhi Leonard under the table, the consequences could be far worse.

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Clippers aren’t “dumb” to sign their death warrant

Glen Taylor and the Timberwolves faced a hefty $3.5 million fine, along with suspensions from the NBA in Smith’s case. While heavy, the penalty didn’t uproot their foundation. Presently, they are still a profit-making franchise. However, in the case of the Clippers, they aren’t just dealing with a few axed draft picks. Their alleged $28 million payments could destroy the entire foundation of the franchise.

Marks sees it as a potential “death penalty”. He compares it to SMU Football in the 1980s. Way before the concept of NIL existed, they used illegal payments to players as a means to strengthen their roster. As a result, the NCAA issued the death penalty, cancelling their 1988 season completely.

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For the next three years, SMU Football faced severe repercussions for its actions. Knowing how that ended, Mark doesn’t think the Clippers’ Steve Ballmer would risk ruining the franchise.

“The Clippers are not dumb to first of all leave a messy paper trail that they’re going to basically get basically ruin their franchise,” he said. Taking everything into account, the former assistant GM does see why the optics look intriguing. However, the Clippers don’t “meet the smell test as far as a team that’s circumventing the salary cap,” Marks concludes.

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