I remember watching that PTFO episode in June, and I guess
I did post about it that summarized it (via AI). It was a really good discussion about fraud and conspiracy.
One of the points in that video is that they discuss how criminal law and the legal system do not require direct proof (like a signed confession or explicit written agreement) to establish fraud or conspiracy, but instead routinely rely on circumstantial evidence.
These two quotes were important to me.
"In criminal law, when I was a federal prosecutor, you're always looking for that one email that says, 'Hey, here's the conspiracy.' Conspiracy is usually not written out by words, it's circumstantial... Very rarely do you have an email that says, 'I agree to do X with you,' and that's illegal." - Former fed prosecutor Lou Manzo, Pablo's guest.
Also, in the CBA it mentions that violations of the salary cap "may be proven by direct or circumstantial evidence, including but not limited to evidence that a player contract or any item or provision thereof cannot rationally be explained."
So I go back to the ESPN quote, and the direct evidence statement might not mean anything, which is possibly why the NBA was quick to correct their media partner.
