Spencer Kopf: Stop the Insanity!
EDITOR’S NOTE: Spencer Kopf finished his interview on Sports Life Radio Tuesday night. We have the interview posted HERE.
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The definition of Insanity is “Doing the same thing over and over again and expecting a different result.”
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For nearly three decades, pre-1993 retired players of the NFL have – by circumstance or lack of voice and/or input – been forced to accept the decision-making power and (alleged) trusted management of the union leadership (NFLPA) along with its empty promises. Which means, as DeMaurice Smith would say, “It Sucks!”
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After all, what truly happened in 1982 and 1987 and the atrocious despicable and deplorable behavior of the NFLPA union leadership that was exposed and besmirched by a Federal Judge and Jury in their $28 million verdict/judgment. $21 million of that verdict/judgment was PUNITIVE for BREACHING THEIR FIDUCIARY DUTY TO THEIR RETIRED PLAYERS, so you would think that there would NOT BE ONE SINGLE PRE-1993 RETIRED PLAYER who would trust those individuals or any person or entity affiliated with them. By the way – for the edification of Sam McCullum and Dave Meggyesey, the word FIDUCIARY pretty much means TRUST! GOT IT?!! I doubt it!
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Clearly, had McCullum and Meggyesey been dealing with the actual circumstances and plight of the pre-1993 retired NFL players in an HONEST and PRUDENT manner rather than their puppet-on-a-string responses choreographed by their consciously indifferent directors of Clintonesque spin, they would be strong and stalwart supporters rather than milquetoast, spineless followers.
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I sat at my computer and read McCullum and Meggyesey’s responses and comments to the matters at issue. Based upon their years in the NFL and their apparent affiliation with fellow retired NFL players (note I specifically left out their affiliation with the NFLPA), I should have been shocked, appalled and disgusted. I wasn’t. I wasn’t because those two men clearly are not part of the TEAM of pre-1993 retired NFL players who stand together in their battle for what is not only right but deserved and earned. THEY SHOULD BE BUT THEY’RE NOT!!!
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Mr. McCullum and Mr. Meggyesy, the great writer Mark Twain said: “It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt.” I guess the message to you should be quite clear, “Don’t open your mouth unless you can improve on the silence.”
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Then I read the eloquent response from disability attorney John Hogan which was diametrically opposite to the ramblings of the absurd and inaccurate writings of both Messrs. McCullum and Meggyesey. Unfortunately, although brilliantly written, John Hogan forgot who he was dealing with. And if he didn’t forget, then he was unrealistically hopeful that those two individuals would actually listen or even care what he said. Stuart Chase wrote, “For those who believe, no proof is necessary. For those who don’t believe, no proof is possible.” Unfortunately they don’t and therefore they are just as disingenuous as DeMaurice Smith. Didn’t one of them say that he had taken the place of Dave Duerson on the Disability Board? Now why doesn’t that surprise me? Just another hand-picked lackey. You should be ashamed of yourself.
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Gentlemen, frankly speaking, you have disgraced yourselves. As former players you should both know that for years the Disability Board has been and continues to be a virtual sham. There are more things ethically, morally and procedurally wrong with that entity than the Pope has Nuns. Heck, Tom Condon, Gene Upshaw’s former agent/attorney sat on the Disability Board for many years with more conflicts of interest than you two guys can calculate. IF YOU DON’T KNOW IT, YOU SHOULD!
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You and the rest of the cronies affiliated with DeMaurice Smith (Tom Condon, Dick Berthelsen etc. and anyone else associated with that regime and/or Gene Upshaw’s regime) should be banned from any matters dealing with retired players. They should have ZERO access, influence and/or authority regarding any decision making power regarding union funds, marketing company funds and other funds earmarked for retired players (and for that matter current players).
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The single most significant issue pertaining to the union leadership, especially DeMaurice Smith, is TRUST. There isn’t any.
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Let’s take a glimpse at the conduct of DeMaurice Smith toward pre-1993 retired NFL players:
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In the third paragraph above I made mention of the $28 million dollar verdict/judgment for breach of trust against both the NFLPA and its marketing company. Do you know who approved the settlement of payment after the verdict/judgment was realized? Would that be DeMaurice Smith? Do you know who said that he would do a thorough due diligence of the NFLPA and its marketing company before he would accept the position as Executive Director? Would that be former Assistant United States Attorney DeMaurice Smith? Do you know who re-hired and/or kept in their place of employment (or appointments to boards) some of the same individuals who were party to the breach of fiduciary duty which gave rise to that $28 million verdict/judgment? Would that also be DeMaurice Smith? Would you think with that kind of due diligence, Enron would still be doing business as usual?
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Additionally, Smith has acknowledged receiving a “Blacklist” from Gene [Upshaw] regarding certain former NFL players who have spoken out against the union and its leadership. Those players have been summarily blackballed from supplemental earning opportunities. If you believe this is not true, why not ask Hall of Famer and retired players’ advocate Joe DeLamielleure. He can speak on that subject matter firsthand.
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In the event you both are totally incoherent, I will set out some indisputable facts that cry out for everyone to stop this charade and put an end to the legal diversion of union funds away from rank and file and their retired brethren and into the silk lined pockets of union leadership. Once again, the marketing company of the NFLPA should be removed from union leadership influence. Additionally, its books should immediately undergo a full audit through an order of the Court. The sooner the better. NOW would be great!
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As stated before in a previous post, the marketing company is the golden goose of the union leadership. They virtually treat it as their own cash cow with little or no proper checks and balances to justify how the money is spent.
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For example, quoting from journalist Lauren Horwitch in her article in April 2007 she disclosed the following: “Three months after the $28 million judgment lawsuit was filed, Doug Allen’s gross pay increased from $446, 281.00 in 200-06 to $1.9 million in 2006-07. Allen’s wife saw her pay double to $633,534.00. Allen’s boss, Upshaw had his income increased to $6.7 million.” What a racket! Why don’t you try to justify that, gentlemen? Furthermore, Ms. Horwitch investigation further revealed that the marketing company founded and headed by Allen and Upshaw (and now Smith) is owned in part by the NFLPA. In part?!! It is supposed to be owned entirely by the union with ZERO individual ownership whatsoever. By the way, what are Smith and his cronies making since he took over? That includes the fiasco referred to as deferred compensation. OPEN THE BOOKS!
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Here is another example as to why:
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Did either one of you two alleged adults read about the millions of dollars of deferred compensation ($15-20 million dollars) disclosed during the probate case regarding the estate of Gene Upshaw? Those funds were apparently derived from both the NFLPA and its affiliated marketing company (also with the apparent approval of Berthelsen). By now, I’m sure you are both aware of the homes Upshaw owned, the many luxury cars he owned and the other income he received through the union, its affiliated marketing company or other undisclosed perks he might have obtained. Did Jimmy Hoffa have the audacity to have that slick an operation and be that obnoxiously ostentatious? WOW!
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Whatever you do, do not insult the intelligence of any retired player, NFL fan and/or member of the press or media and say that all those assets were created by justified compensation. That is pure bull and you know it. But Mr. Berthelsen was quoted as saying, “Whatever Gene is getting, it’s not enough.” When is enough, enough? Now doesn’t it figure that a man of his substance would say that?
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After reading these previous examples of the facts, neither one of you should be able to look in the mirror without being ashamed. If you can look into the mirror without being ashamed, then welcome to the world of Dick Berthelsen, DeMaurice Smith and the late Gene Upshaw (and others) for being consciously indifferent to the deplorable treatment of pre-1993 retired NFL players.
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If you can comprehend the following sentence (and take it to heart) then there might be some hope for you both, although that hope is very slim:
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“The human voice can never reach the distance that is covered by the still, small voice of your conscience.”
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- Mahatma Gandhi
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The problem with that statement is that for it to be effective, you have to be a person who has a conscience. Clearly, it is the opinion of many, many former NFL players that DeMaurice Smith, Dick Berthelsen, Tom Condon and others don’t have one. Because if people in their position did, then many of the likes of John Mackey, Mike Webster, Johnny Unitas, and other past and current retired players may not have had to – and continue to – endure the pain and suffering caused by the heartless business practices of greed and self-enrichment created by the legal trappings and daily operation of their union and its leadership.
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The mere fact that a great many of the press and media have been caught up in the hype to get the football season started again and has bought into the mirage that the latest CBA has, in some sense, cured (as never before – Whoopee!!!) the despicable situation of pre-1993 retired NFL players, shows how far removed and disinterested they are in their plight. They should be ashamed as well. Are they? I think not. And that in itself is a tragedy! For they, in many respects (except for the courts) are the last bastion of defense to protect pre-1993 retired NFL players from the ongoing injustice and heartless greed that is its union.
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Once and for all, the INSANITY must end!
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Oh well. Who gives a damn, right? Let there be football.
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Joe DeLamielleure-HOF
Elvin Bethea-HOF
Leroy Kelly-HOF
Lem Barney-HOF
Reggie McKenzie
Billy Joe DuPree
Fred Dean
Art Still
Isaac Curtis
Jim Breech
Jeff Yeates
Chuck Ramsey
Dermontti Dawson
Dave Pear
John V. Hogan
Spencer Kopf
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Spencer Kopf has been a licensed attorney in the state of Texas for 33 years, and offers expertise in the areas of corporate law, criminal law, sports and entertainment law, civil litigation, and contract negotiations.
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At the age of 16, Spencer attended the University of Pennsylvania as a superior high school student. He attended Oklahoma City University on an academic and debate scholarship where he earned a B.A. and his Juris Doctorate. In 1982, he was appointed to the bench as a Municipal Court Judge in Collin County, and three years later, elected by his judicial peers to serve as the president of the Texas Municipal Courts Association – the first Municipal Court Judge from North Texas to be so honored. At 35 years old, Spencer was the youngest judge to ever serve in that capacity. He was also nominated by the Supreme Court of Texas to serve on the Judicial Qualifications Review Commission.
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Recently, Spencer co-authored the book entitled “The Unbroken Line” with former Dallas Cowboy Billy Joe DuPree. The book recounts the true story of the 1982 National Football League labor strike which he was instrumental in resolving.
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Bruce Jarvis
August 9th, 2011 at 2:55 pm #
Hi Dave,
As I said last week to Lou Piccone’s comment on Jeff Nixon’s blog…
BLESS YOU, JUDGE KOPF!
Bruce Jarvis
Buffalo Bills
1971-1974
Gregg Bingham
August 9th, 2011 at 3:36 pm #
This “read” is one of the best articulated writings I have read in years and is once again proof positive that the pen is mightier than the sword!
Congrats to the author, Spencer Kopf, as I humbly wish I had the skills to write it.
Gregg Bingham
Houston Oilers
1973 – 1984
Larry Kaminski
August 9th, 2011 at 5:42 pm #
Spencer, your wisdom is wonderful as is your pen power! I just can’t believe that the people you mentioned continue to hurt the pre-1993 without any qualms. How do we get the justice deserved for those players in need?
I thank you for making this an issue that some people refuse to get and then just keep coming up with lame arguments.
I for one have just been told that my disability issues are from football by California Workers Comp. On the other side of the coin, the NFLPA told me I had no issues that were their concern. A few years back, I couldn’t even get Upshaw to answer my calls and letters. This had been going on for several years.
Thanks again.
Larry Kaminski
Denver Broncos
1966 – 1973
Charlie Sumner
August 9th, 2011 at 6:28 pm #
I think Spencer Kopf is right. Nothing has changed. We have a bunch of self-appointed men drawing large salaries and the money should be going to the retired players …while we’re still alive.
Charlie Sumner
Chicago Bears, Minnesota Vikings
1955 – 1962
Myron M. Guyton
August 9th, 2011 at 8:46 pm #
Great job, Spencer Kopf.
Nothing has changed, and will change unless we get out and make the changes ourselves. I agree that we have a bunch of self-appointed men drawing large salaries and the money should be going to the retired players, so let’s make a change on this. Let’s not keep doing the same things the same way! It’s time for us to take control of our hard-earned money. And start taking care of our retired players.
Myron M. Guyton
New York Giants, New England Patriots
1989 – 1995
Tony Davis
August 9th, 2011 at 9:10 pm #
Make no mistake about it… Spencer Kopf is one of the best advocates in the history of NFL Retired Players. His intelligence, his passion and his integrity are only topped by the heart this man has.
Thank you, brother!
Tony Davis
Cincinnati Bengals & Tampa Bay Buccaneers
1976 – 1982
Rick Sanford
August 10th, 2011 at 8:25 am #
Thank you, Mr. Kopf, for setting the record straight about the continued injustices. If they are so honest, then open the books! For Upshaw to receive millions in deferred compensation is a sham! These NFLPA leaders (I say that loosely) have 0 reason to control anything pertaining to retired players. They have shown us how much they care… which is none.
Rick Sanford
New England Patriots, Seattle Seahawks
1979 – 1985
Lou Piccone
August 10th, 2011 at 10:37 am #
Mr. Kopf,
Great Job! Did you play in the NFL? Because you speak with the passion and knowledge of a Former Player Rep. It seems that all of this information regarding the “Shafting of the Retired Pre-93′ers and all of those players affected by the Idi á-Gene Regime” is finally public knowledge. So-oo… let’s keep the Heat On and the Goose Cookin’ because there was a saying when I played and it went like this: If you can’t get along, then get it on! The Retired Players as a whole just want what they have coming. No More/No Less and there is a number out there and an allocation that would solve this long overdue leveling of the financial playing field. There is no way we are saying ‘Hey, give us your money’ to the Active Players. We’re saying ‘Give us OUR Money Back that was diverted into the pockets of the realm at the helm.
And just how did we get dropped from the Pension Dollars? No matter what you call it, the Retired Guys have money coming as proven by the Bernie Parish/Herb Adderley suit of $28 million and that was just the tip of the iceberg. This is all up to us. No one is fighting our battle for us. However, we are fortunate to have sincere Advocates like Mr. Spencer Kopf and because the CBA is done and in a few days we’ll get the definition of our future benefit design and increase. I have a feeling we’re going to be saying, “Is that all there is and is that enough to resolve the “Quality of Life” issues related to playing this marvelous game of Football” …and I mean that. Unfortunately, we’ll still be the bearer of bad news: We are the pre-93′ers who endured the documented carnage of the game.
Here’s a suggestion:
If the Owners and the Current Players NFLPA do not satisfy the needs of the Pre-’93 Retired Players, we should all join together and ban the use of our likenesses by the NFL and any other medium and take the History of the game back from them. Take the Legacy out of the NFL. If this Legacy Fund does not take care of the Legacy Champions who built this mega-sport with the $9 Billion+ that is being split by all of the people who don’t have any skin in the game while the champions die off without getting their just due – then let’s take our names and faces and reputations back. They’ll have a faceless past.
So then I guess the mantra of Past, Present and Future will read…
Present and Future Only… @#$%! the Past Players. Or how about: One Locker – except for all the men who built it?
Lou Piccone
NY Jets – 74-76
Buffalo Bills – 77-83
Scott R. Hutchinson
August 10th, 2011 at 3:09 pm #
Good job – but I still think you’re sugar-coating it! All the comments are right on! I want everyone to win on this. Thanks for continuing to push this forward.
Hutch
Buffalo Bills, Tampa Bay Buccaneers
1978 – 1983
Juliette Lucarini Harch
September 7th, 2011 at 6:41 am #
Dear Dave,
Great website for a needed cause. I read it often and have contributed to your blog in the past.
I am creating a poster for the football field at my kids high school, LUSHER in New Orleans. Do you have a photo of two football players with their helmets colliding? I’d like to use it. We treat post concussion syndrome in the vets (and others). I need a photo and I will also use the Saints slogan “Finish Strong.”
Thank you for the work you’re doing to help retired football players who are damaged from so many head injuries. I truly understand.
Sincerely,
Juliette Lucarini Harch
http://www.hbot.com