Fanene tidbit

[Miguel]

From the CBA

"Credit for Salary Forfeited or Refunded. In the event that a Club
receives a refund from the player of any previously-paid Salary, or the Club fails to pay any previously allocated portion of a signing bonus (including any amount treated as signing bonus), such amount as has previously been included in Team Salary shall be credited to the Club's Team Salary for the next League Year."

I take the above as saying that if in 2013 the Patriots receive a refund for the $3.85 million signing bonus that they gave Jonathan Fanene that they will receive a credit for it in 2014.

 

[tonyto3690]

Why wouldn't it be this season? We're getting refunded for the 2012 season, so why wouldn't it be given to the 2013 season?

 

[billdog3484]

From the CBA

"Credit for Salary Forfeited or Refunded. In the event that a Club
receives a refund from the player of any previously-paid Salary, or the Club fails to pay any previously allocated portion of a signing bonus (including any amount treated as signing bonus), such amount as has previously been included in Team Salary shall be credited to the Club's Team Salary for the next League Year."

I take the above as saying that if in 2013 the Patriots receive a refund for the $3.85 million signing bonus that they gave Jonathan Fanene that they will receive a credit for it in 2014.

I disagree with your interpretation. The language "such amount as has been previously included in the teams salary" leads me to believe they mean in the year the salary was counted against that team. So in fanenes case the number counted against the 2012 cap so it would push back to 2013. That's how I read it.

 

[ctpatsfan77]

I disagree with your interpretation. The language "such amount as has been previously included in the teams salary" leads me to believe they mean in the year the salary was counted against that team. So in fanenes case the number counted against the 2012 cap so it would push back to 2013. That's how I read it.

Miguel's interpretation seems more logical to me: using your interpretation, if the refund from 2012 doesn't come until 2014, then what?

 

[PatsWickedPissah]

From the CBA

Club receives a refund from the player of any previously-paid Salary, such amount as has previously been included in Team Salary shall be credited to the Club's Team Salary for the next League Year."

I take the above as saying that if in 2013 the Patriots receive a refund for the $3.85 million signing bonus that they gave Jonathan Fanene that they will receive a credit for it in 2014.

Yes, IF Pats receive a refund this year, yet to be determined, it shall be credited NEXT year, 2014. Bummer.

If this is the sole governing clause in the CBA, than this is what happens.

 

[Froob]

Yes, IF Pats receive a refund this year, yet to be determined, it shall be credited NEXT year, 2014. Bummer.

If this is the sole governing clause in the CBA, than this is what happens.

Eh, I don't think it's that bad. Don't really need the extra cash that much. Most of the money that is going to be spent has been spent. Kinda rather have it next season.

 

[resdubwhite]

I mean if they're stuck they can change some of the sums in the Mankins/Mayo contracts to flip into 2014. Once we get it I'm good.

 

[Triumph]

Why wouldn't it be this season? We're getting refunded for the 2012 season, so why wouldn't it be given to the 2013 season?

Because the suit NEP vs Fanene has been in litigation this year (2013) The NFLPA tried to get the suit dismissed and still can appeal the verdict according to this link.

Decision reached in Jonathan Fanene hearing - NFL.com

 

[BB4PRez]

I wonder how things work with the cap if there is a settlement and a partial refund? Do settlements count ?

 

[goheels22002]

Why wouldn't it be this season? We're getting refunded for the 2012 season, so why wouldn't it be given to the 2013 season?

It would be credited if the refund was made before 4:00 p.m. on March 12, 2013, the beginning of the current league year. But we've not seen any proof that the Patriots received the refund, have we? If the link above is right, it's still being appealed.

A little extra cap space for next year is fine. The Pats are in excellent shape right now except for the lack of draft picks.