By THOMAS STINSON
The Atlanta Journal-Constitution
Published on: 07/18/07
Once just a player with problems, Michael Vick has now a career in crisis, after the Falcons quarterback was indicted Tuesday by a federal grand jury over his role in a dogfighting operation at property he owns in Surry County, Va.
That the investigation, ongoing for over two months, yielded charges was not a surprise. That typically meticulous federal investigators moved so quickly — just 6 1/2 weeks — to make their case was stunning.
Though Vick was indicted on one count of conspiracy to sponsor federally outlawed dogfighting, the 18-page indictment gruesomely detailed the operation of his alleged involvement in Bad Newz Kennels, located behind a house he owned in Smithfield, Va.
The indictment charges that defeated dogs were typically killed after their losses, either by drowning, hanging, electrocution or shooting. Purses at Bad Newz-sponsored fights were alleged to have reached $26,000.
An initial hearing date is expected to be set today at Federal District Court for the Eastern District of Virginia, which will hear the case, according to spokesman Jim Rybicki. That hearing will not likely occur this week, but probably within the next two weeks.
Vick will not be arrested but will be issued a summons to appear at that initial hearing. If convicted — the official charge reads conspiracy to travel in interstate commerce in aid of unlawful activities ("Travel Act") and to sponsor a dog in an animal fighting venture — Vick faces a maximum of five years in prison.
Any additional animal cruelty charges could bring an additional one-year maximum per conviction.
Vick could not be reached Tuesday. But the Falcons and the NFL issued statements of concern and exasperation over the quarterback's predicament.
"We are disappointed that one of our players — and therefore the Falcons — [are] being presented to the public in a negative way, and we apologize to our fans and the community for that," the Falcons' unsigned statement read. Obviously, we are disturbed by today's news from Virginia."
Indicted with Vick, 27, were Purnell Peace, 35, of Virginia Beach, Va.; Quanis Phillips, 28, of Atlanta; and Tony Taylor, 34, of Hampton, Va.
While Vick's Virginia-based attorney, Lawrence Woodward, was not available for comment Tuesday, the NFL's rebuke was prompt. Only last April 28, Vick was counseled by commissioner Roger Goodell about his series of off-field incidents over the past year.
"We are disappointed that Michael Vick has put himself in a position where a federal grand jury has returned an indictment against him," NFL director of communications Brian McCarthy said through a release. "We will continue to closely monitor developments in this case, and to cooperate with law enforcement authorities.
"The activities alleged are cruel, degrading and illegal. Michael Vick's guilt has not yet been proven, and we believe that all concerned should allow the legal process to determine the facts. The matter will be reviewed under the league's Personal Conduct Policy."
Though the NFL's recent suspensions of the Tennessee Titans' Adam "Pacman" Jones and the Chicago Bears' Tank Johnson has shown Goddell's intent to shore up the league's image, recent cases have shown preemptive moves by an accused player can alleviate NFL sanctions.
Atlanta lawyer Don Samuel, who represented NFL stars Ray Lewis and Jamal Lewis in separate criminal cases in Atlanta, said one of the first goals of Vick's defense will be to persuade a federal judge to let him play until the case runs its course.
"If the case against him is strong, they may need to find a way to resolve it without losing his ability to play in the NFL," Samuel said, referring to a possible plea agreement.
Ray Lewis, a star linebacker with the Baltimore Ravens, faced murder charges but pleaded guilty to a misdemeanor of obstructing justice and was sentenced to probation. He was never suspended by the NFL.
Jamal Lewis, a Ravens running back, was indicted on drug charges in Atlanta. He later pleaded guilty to a federal charge (using a cellphone to set up a drug deal) and was sentenced to four months in prison. He was suspended two games without pay and fined two weeks salary — $380,500 — by the NFL.
Once Vick is summoned to appear, he is expected to surrender to the U.S. Marshals Office and to the federal agencies that investigated the case. At that time, authorities will process Vick, taking his mug shot and fingerprints.
Most likely on the same day, Vick will make his initial appearance before a U.S. Magistrate Court judge. During the hearing, he will be asked if he understands the charges against him, be informed of the penalties he faces and be advised of his right to counsel and his right to remain silent.
He also will be arraigned, where he is expected to formally enter a plea of not guilty. In addition, he is expected to have a detention hearing where he may be required to post bond in order to remain free until his trial. He also may be required to surrender his passport, have his travel restricted and be required to report periodically to pretrial services officials who monitor defendants facing criminal charges.
In the following weeks, Vick's legal team is expected to file motions that could attack his indictment and the government investigation. These challenges initially will be heard by the federal magistrate assigned to the case, who will report his or her findings and recommendations to the U.S. District Court, where a trial date will be set.
While Vick signed a 10-year, $130 million contract with the Falcons in December 2004, his contract is far from iron-clad.
He has been paid about $44 million from the contract, including $37 million in guaranteed bonuses. The rest — nonguaranteed bonuses and base salaries over the next seven years — could be lost if the Falcons decide to release him.
All NFL players have a clause in their contract stating "... if player has engaged in personal conduct reasonably judged by Club to adversely affect or reflect on Club, then Club may terminate this contract."
Should a contract be terminated under that clause, a player may file a grievance and have an arbitrator decide whether the club acted reasonably.
However, the Falcons would incur a substantial hit against their NFL salary cap if they decide to cut Vick because they would have to account, over the next two seasons, for the bulk of the bonuses he's already been paid.
The case drew quick reaction on Capitol Hill, where Rep. Tom Lantos (D-Calif.) called on the NFL to take a formal stance on dogfighting.
The Atlanta Journal-Constitution
Published on: 07/18/07
Once just a player with problems, Michael Vick has now a career in crisis, after the Falcons quarterback was indicted Tuesday by a federal grand jury over his role in a dogfighting operation at property he owns in Surry County, Va.
That the investigation, ongoing for over two months, yielded charges was not a surprise. That typically meticulous federal investigators moved so quickly — just 6 1/2 weeks — to make their case was stunning.
Though Vick was indicted on one count of conspiracy to sponsor federally outlawed dogfighting, the 18-page indictment gruesomely detailed the operation of his alleged involvement in Bad Newz Kennels, located behind a house he owned in Smithfield, Va.
The indictment charges that defeated dogs were typically killed after their losses, either by drowning, hanging, electrocution or shooting. Purses at Bad Newz-sponsored fights were alleged to have reached $26,000.
An initial hearing date is expected to be set today at Federal District Court for the Eastern District of Virginia, which will hear the case, according to spokesman Jim Rybicki. That hearing will not likely occur this week, but probably within the next two weeks.
Vick will not be arrested but will be issued a summons to appear at that initial hearing. If convicted — the official charge reads conspiracy to travel in interstate commerce in aid of unlawful activities ("Travel Act") and to sponsor a dog in an animal fighting venture — Vick faces a maximum of five years in prison.
Any additional animal cruelty charges could bring an additional one-year maximum per conviction.
Vick could not be reached Tuesday. But the Falcons and the NFL issued statements of concern and exasperation over the quarterback's predicament.
"We are disappointed that one of our players — and therefore the Falcons — [are] being presented to the public in a negative way, and we apologize to our fans and the community for that," the Falcons' unsigned statement read. Obviously, we are disturbed by today's news from Virginia."
Indicted with Vick, 27, were Purnell Peace, 35, of Virginia Beach, Va.; Quanis Phillips, 28, of Atlanta; and Tony Taylor, 34, of Hampton, Va.
While Vick's Virginia-based attorney, Lawrence Woodward, was not available for comment Tuesday, the NFL's rebuke was prompt. Only last April 28, Vick was counseled by commissioner Roger Goodell about his series of off-field incidents over the past year.
"We are disappointed that Michael Vick has put himself in a position where a federal grand jury has returned an indictment against him," NFL director of communications Brian McCarthy said through a release. "We will continue to closely monitor developments in this case, and to cooperate with law enforcement authorities.
"The activities alleged are cruel, degrading and illegal. Michael Vick's guilt has not yet been proven, and we believe that all concerned should allow the legal process to determine the facts. The matter will be reviewed under the league's Personal Conduct Policy."
Though the NFL's recent suspensions of the Tennessee Titans' Adam "Pacman" Jones and the Chicago Bears' Tank Johnson has shown Goddell's intent to shore up the league's image, recent cases have shown preemptive moves by an accused player can alleviate NFL sanctions.
Atlanta lawyer Don Samuel, who represented NFL stars Ray Lewis and Jamal Lewis in separate criminal cases in Atlanta, said one of the first goals of Vick's defense will be to persuade a federal judge to let him play until the case runs its course.
"If the case against him is strong, they may need to find a way to resolve it without losing his ability to play in the NFL," Samuel said, referring to a possible plea agreement.
Ray Lewis, a star linebacker with the Baltimore Ravens, faced murder charges but pleaded guilty to a misdemeanor of obstructing justice and was sentenced to probation. He was never suspended by the NFL.
Jamal Lewis, a Ravens running back, was indicted on drug charges in Atlanta. He later pleaded guilty to a federal charge (using a cellphone to set up a drug deal) and was sentenced to four months in prison. He was suspended two games without pay and fined two weeks salary — $380,500 — by the NFL.
Once Vick is summoned to appear, he is expected to surrender to the U.S. Marshals Office and to the federal agencies that investigated the case. At that time, authorities will process Vick, taking his mug shot and fingerprints.
Most likely on the same day, Vick will make his initial appearance before a U.S. Magistrate Court judge. During the hearing, he will be asked if he understands the charges against him, be informed of the penalties he faces and be advised of his right to counsel and his right to remain silent.
He also will be arraigned, where he is expected to formally enter a plea of not guilty. In addition, he is expected to have a detention hearing where he may be required to post bond in order to remain free until his trial. He also may be required to surrender his passport, have his travel restricted and be required to report periodically to pretrial services officials who monitor defendants facing criminal charges.
In the following weeks, Vick's legal team is expected to file motions that could attack his indictment and the government investigation. These challenges initially will be heard by the federal magistrate assigned to the case, who will report his or her findings and recommendations to the U.S. District Court, where a trial date will be set.
While Vick signed a 10-year, $130 million contract with the Falcons in December 2004, his contract is far from iron-clad.
He has been paid about $44 million from the contract, including $37 million in guaranteed bonuses. The rest — nonguaranteed bonuses and base salaries over the next seven years — could be lost if the Falcons decide to release him.
All NFL players have a clause in their contract stating "... if player has engaged in personal conduct reasonably judged by Club to adversely affect or reflect on Club, then Club may terminate this contract."
Should a contract be terminated under that clause, a player may file a grievance and have an arbitrator decide whether the club acted reasonably.
However, the Falcons would incur a substantial hit against their NFL salary cap if they decide to cut Vick because they would have to account, over the next two seasons, for the bulk of the bonuses he's already been paid.
The case drew quick reaction on Capitol Hill, where Rep. Tom Lantos (D-Calif.) called on the NFL to take a formal stance on dogfighting.
