Tampering Charges Against Eagles, Falcons Will Be Hard For NFL To Ignore

The NFL will be investigating the possibility the Atlanta Falcons and Philadelphia Eagles somehow violated the rules governing free agency during their respective pursuit of quarterback Kirk Cousins and running back Saquon Barkley. The league is calling this a "standard" practice.

And it is standard that the league looks into such matters and, more often than not, finds no wrong-doing. 

But this could be different.

Oct 23, 2023; Minneapolis, Minnesota, USA; Minnesota Vikings quarterback Kirk Cousins (8) warms up before the game against the San Francisco 49ers at U.S. Bank Stadium. (Credit: Jeffrey Becker-USATODAY Sports)

NFL Rules Prohibit Communication

This investigation is going to have to consider evidence that is out there. Public. Evidence that, in the Falcons-Cousins case, the player himself unwittingly mentioned during his introductory press conference.

And there's nothing standard about that.

Let's begin with Cousins:

The NFL mandates that certified agents representing pending free agents may begin negotiating with teams at noon on Monday (March 11). The league also allows for "a prospective UFA who is not represented by an NFLPA Certified Contract Advisor ("Unrepresented Player")" to communicate directly with a new club’s front office officials.

This provision is exclusively for players representing themselves and "excludes communication with the head coach and other members of the club’s coaching staff regarding contract negotiations."

The understanding is players with agents cannot speak with teams until they are no longer under contract with their previous team. And that doesn't happen until their last contract expires on the first day of the new league year, which this year was Wednesday at 4 p.m.

Well, Cousins and the Falcons agreed to a deal on Monday. Nothing wrong with that.

Cousins Communication With Falcons In Question

The Falcons announced the signing well after 4 p.m. on Wednesday. Again, nothing wrong with that.

But there’s reason to believe the team directly communicated with Cousins during the negotiating window while he was still under contract with the Vikings. And the reason one can believe this is Cousins said as much during his introductory press conference Wednesday.

"There’s great people here," Cousins said. "And it’s not just the football team. I mean, I’m looking at the support staff. Meeting – calling, yesterday calling our athletic trainer, talking to our head of P.R. I’m thinking we got good people here. And that’s exciting to be a part of."

The "yesterday" Cousins is referring to is Tuesday. So, during the negotiating period when his agent was able to have contact with the team but he (as the player) was prohibited from such contact, Cousins was admittedly talking to team staff.

The question the NFL investigation will have to answer is whether speaking with the trainer and staffers on one team while being under contract with another team somehow violates any rules. On its face, it does.

The NFL anti-tampering policy reads, "No club, nor any person employed by or otherwise affiliated with a club, is permitted to tamper with a player who is under contract to or whose exclusive negotiating rights are held by another club."

NASHVILLE, TENNESSEE - SEPTEMBER 11: Saquon Barkley #26 of the New York Giants warms up before a game against the Tennessee Titans at Nissan Stadium on September 11, 2022 in Nashville, Tennessee. The Giants defeated the Titans 21-20.  (Photo by Wesley Hitt/Getty Images)

Did Barkley Speak With Roseman?

The Barkley matter with the Eagles is different. In that one, the former Giants running back apparently talked with Eagles general manager Howie Roseman directly. And the conversation included a free agency "pitch."

And that conversation apparently happened sometime before Tuesday afternoon.

That's according to Penn State football coach James Franklin, who is Bakley's former coach and remains a close confidant.

Barkley told Franklin that Roseman made Penn State and signing with the Eagles for something of a homecoming part of his presentation to the former New York Giants running back.

"He said that was one of the first things that Howie said to him on the phone as part of his sales pitch," Franklin told Sports Illustrated in a story posted on Tuesday. "Not only the Philadelphia Eagles and that but also the connection with Penn State and the fan base as well. So just a really cool opportunity."

Again, Barkley was not supposed to be speaking with Roseman directly anytime before 4 p.m. on Wednesday.

The Eagles are denying Roseman and Barkley talked. 

And this is where Frankling would have to walk back his comments because their timing is irrefutable. He'd have to say he was somehow misunderstood or perhaps misunderstood what Barkley was saying.

This would make the NFL investigation much more interesting if it includes getting Barkley or Roseman's phone records.