EAGLES TRIPPED ON ROSTER/SIGNING BONUS TERM
We've gotten to the bottom of the problem that resulted in the payment to Eagles running back Brian Westbrook of not one but two $3 million roster bonuses in 2006.
Here's what happened, per a source with knowledge of the situation.
Westbrook's 2005 contract extension contained a $3 million roster bonus payable in early 2006. The contract contained language allowing the team, at its option, to convert the roster bonus to a signing bonus. It's a relatively new cap-management device, aimed at permitting to team to reduce the cap hit arising from the payment in the year the money changes hands. As we understand it, Westbrook's contract was the first deal in which the Eagles used such a term.
Given the way that the contract was written, someone in the finance department accidentally concluded that Westbrook was entitled to both a $3 million roster bonus and a $3 million signing bonus -- not either/or. So Westbrook got two checks for the gross amount of $3 million.
And while it's easy to chide Westbrook for cashing the extra check without asking any questions, we're told that the money doesn't directly go to him. Instead, it passes through his own financial management structure. So he didn't know about it until after the check cleared. (It's still unclear, however, whether he knew about the overpayment before the team raised it with him.)
The Eagles noticed the error as part of an internal year-end reconciliation, and the team promptly reported the situation to the league. At the advice of the league office, the Eagles pursued a grievance because clubs have only 45 days to file a claim or risk losing the ability to do so.
The Eagles had no reason to believe that Westbrook might try to stiff them by claiming that they waited too long to file the grievance. But three million bucks is three million bucks, and the safest course of action for the franchise was to preserve their rights by filing the grievance.
Meanwhile, we're told that a hearing has been set on the grievance for May 2007. But it's likely that no hearing will be held, since Westbrook does not dispute that he was overpaid. The delay in getting the money paid arises from the efforts of the team and the player to figure out whether Westbrook will cut a check for $3 million and pursue reimbursement of the taxes that were withheld (which could be a major pain in the butt for him), or whether he will pay the after-tax amount (roughly $1.7 million) and assign to the team the ability to pursue the tax reimbursement.
Technically, the grievance seeks recovery of $3 million plus interest, but it's our understanding the that Eagles won't squabble about the interest, and that there will be no cap consequence arising from the team's failure to recover reimbursement of the interest generated.
With that said, $3 million at an interest rate of five percent racks up $150,000 per year. Thus, we have a feeling that one or more of the other 31 NFL franchises (or, more specifically, one or more of the other three NFC East teams) might have something to say about this specific wrinkle.
Then again, with the salary cap at $109 million, $150,000 is only 0.137 percent of the total spending limit in 2007.
Per the source, there have been no cap consequences to date for the Eagles resulting from the $3 million overpayment. At worst, they would be slapped with a charge of $3 million in 2007, and the charge would be removed once the money is reimbursed.
Finally, the team is seeking reimbursement not of the $3 million roster bonus, but of the $3 million signing bonus. Thus, the only cap charge that ever would have applied in 2006 is $600,000 (i.e., one-fifth of the bonus payment), and it's our understanding that the Eagles were more than $600,000 below the cap at all times in 2006.
So that's the story. It's not nearly as juicy as we had hoped.