2 previous cases. The Briggs case and the Cunningham case are the precedents. There is absolutely no history of a team simply getting awarded another teams draft choice in a tampering case. In both cases teams swapped draft picks.
That is a FACT.
And THE FACT IS that this case is far worse and whether it's a swap or a straight pick it's worth far more than the Briggs case.
1) The 49ers weren't on notice from a previous tamper that year
The Jets were on notice from a previous tamper that year
2) The 49ers had trade discussions with the Bears and were in contact with the NFL Management Council.
The Jets and Patriots had no contact and there was no trade in the works.
3) Woody Johnson publicly tampered with Revis
The 49ers never publicly tampered with Briggs.
4) The 49ers are not in the same division as the Bears.
The Jets are a Division rival.
5) The 49ers never leaked discussions of high level talks to land Briggs.
The Jets not only leaked that they were in discussions about signing Revis they leaked the exact details of the deal that was signed.
6) The 49ers never signed Lance Briggs,
The Jets signed Revis within hours of him becoming a free agent to a front loaded deal the Patriots couldn't possibly match.
7) Lance Briggs is a good player who has made a few Pro Bowls
Darelle Revis is almost certainly a first ballot HOF caliber player and a top 2 defensive player in the AFC
There is no comparison, this case is far far worse.
Feel free to make a case for a 4th rounder, I have made my case.