Though owners can be removed, here are two factors that help Ross’ chance to keep Dolphins
Though Dolphins owner Stephen Ross has vehemently denied Brian Flores’ allegations against him, the NFL’s own media site served up this headline three hours after Sunday night’s Super Bowl:
“Dolphins’ Stephen Ross could lose team by owner vote if NFL investigation into tanking allegations proven true”
That wasn’t exactly news. Five days earlier, commissioner Roger Goodell confirmed there is a mechanism for owners to essentially impeach a fellow owner, something that would require three-quarters approval of the NFL’s 32 owners.
In his overnight piece, NFL Network’s Ian Rapoport said that “if the league investigation finds Ross offered [former Dolphins coach Brian] Flores $100,000 for each loss during the 2019 NFL season, as Flores alleges, the discipline could be severe, up to and including Ross losing the team by a vote of fellow owners, per sources…
“A league source confirmed that owners could, in fact, vote a fellow owner out under the most dire circumstances based on league rules, which would require a three-fourths vote.”
The report also said that the NFL investigation of the Dolphins is in the early stages and investigators plan to speak with all relevant parties - including Flores - as soon as possible.
But even beyond Ross’ strong denial, two lawyers not involved in the case on Monday cited key issues that seemingly make it more likely for Ross to emerge from this firestorm still owning the team.
Longtime former Miami Marlins president David Samson, who regularly attended MLB owners meetings and now hosts a podcast, said, via text message, that “despite today’s report regarding the possibility of Stephen Ross being forced to sell the Miami Dolphins because of the alleged payments to Brian Flores, I find it nearly impossible to believe that ¾ of NFL owners would force a sale…
“Short of evidence that games were actually ‘thrown,’ fine and losses of draft picks is the more likely and acceptable outcome.”
The other factor that could determine any potential punishment for Ross is whether the league can find a credible witness to corroborate Flores’ allegation.
According to Outkick.com’s Armando Salguero, Lance Bennett, hired by Flores in 2019 as his right-hand man, “has told the lawyers representing Flores he is willing to corroborate the coach’s account that Ross offered the coach $100,000 to lose games in 2019.”
Flores and Bennett attended high school together and remained close friends over the years. Bennett left his role as “assistant to the head coach” when Flores was dismissed.
Would the NFL deem a close friend of Flores to be a credible witness to corroborate Flores’ allegation of a pay-to-lose scheme by Ross?
Albert Levin, a 40-year Miami-based criminal defense attorney, said by phone on Monday that Bennett “is not an unbiased witness. He probably has a bias. If you were evaluating his account of what he says occurred, you would have to ask yourself whether he’s completely trustworthy. From that perspective of whether [Ross] retains ownership, they [the NFL] are clearly going to want more than a good friend of [Flores’].”
From a legal perspective of whether Bennett would be considered a credible witness, Levin said: “In a court of law, a jury who would be deciding the facts of a case would be given instructions on the credibility of witnesses. This is actual jury instruction:
“It would be suggested by the judge to ask the jury to consider whether or not the witness was one who impressed them as one who was telling the truth. Did the witness have any particular reason not to tell the truth? Did the witness have any personal interest in the outcome of the case?”
In the Flores/Bennett matter, “I would think his friend would [have personal interest in the outcome of the case],” Levin said..
“It comes down to how much weight the NFL wants to give a good friend of the person making the claim. You have to ask: Did that witness have any particular reason not to tell the truth? Not to say he’s not telling the truth. [But with Bennett being a friend of Flores], he might have reason to skew testimony in the direction of the coach. Apply common sense principles here.”
Samson, who has a law degree, also is skeptical about whether Bennett’s testimony - combined with Flores’ - would doom Ross.
“Bennett testifying what he heard someone else say is textbook hearsay,” Samson said. “In other words, Bennett’s testimony cannot be used to prove that the payments actually happened or what was exactly meant by the offer, only that he heard the words come of Ross’ mouth.”
Flores has indicated that he rejected Ross’ alleged offer and did not accept any payments for losses.
NFL Network’s Cameron Wolfe reported that Flores has “multiple witnesses” who can corroborate his allegation, but Rapoport’s Sunday night piece on NFL.com made no reference to witnesses.
Wolfe reported on NFL.com on Feb. 2 that he “spoke with a witness who said he heard Dolphins owner Stephen Ross offer former head coach Brian Flores $100,000 for every loss during the 2019 season.”
But NFL.com subsequently removed that story from its web site, declining to explain why it did so.
Flores made two specific allegations against Ross in the 58-page lawsuit that alleged discrimination regarding his interview process with the Denver Broncos and New York Giants and his dismissal last month by the Dolphins.
Besides alleging that Ross offered to pay Flores $100,000 per loss in 2019 — with the goal of a higher draft pick - Flores also claimed that Ross pressured him to recruit a quarterback — believed to be Tom Brady — following the 2019 season, before teams were permitted to initiate contact with free agents from other teams. Flores said he refused to cooperate.
Ross previously said: “With regard to the allegations being made by Brian Flores, I am a man of honor and integrity and cannot let them stand without responding. I take great personal exception to these malicious attacks, and the truth must be known.
“His allegations are false, malicious and defamatory. We understand there are media reports stating that the NFL intends to investigate his claims, and we will cooperate fully. I welcome that investigation and I am eager to defend my personal integrity, and the integrity and values of the entire Miami Dolphins organization, from these baseless, unfair and disparaging claims.”
In his pre-Super Bowl news conference last Wednesday, Goodell said of the allegations against Ross:
“First, I found all of the allegations, whether they’re based on racism or discrimination, or the integrity of our game, all of those to me were very disturbing. They are very serious matters to us on all levels, and we need to make sure we get to the bottom of all of them.
“Integrity of the game is obviously an important element… We are going to look into that. We are going to make sure if there were violations, they won’t be tolerated. I couldn’t speculate on what they’ll be, because I have to figure out what the facts are. What’s the outcome? When we know what those facts are, and the impact they’ll have on our game, we’ll deal with it very seriously.”
Here’s my Monday piece on the Dolphins’ new offensive coordinator and where the Dolphins’ 2022 coaching staff now stands.
If you’re a Herald reader and live in a home off Sterling, Sheraton or Griffin in Broward County, please email me at bjackson@miamiherald.com
This story was originally published February 14, 2022 at 1:34 PM.
