Patriots withhold Antonio Brown's $5 million bonus payment, but may eventually have to pay up
Following sexual assault allegations Antonio Brown has been released from the Patriots.
The New England Patriots withheld Antonio Brown’s scheduled bonus payment on Monday, setting up a likely clash that will determine whether the franchise is liable for guaranteed money in their former receiver’s contract following his release earlier this month.
The withheld $5 million payment was the first installment toward the $9 million signing bonus Brown was due to receive under the terms of his one-year contract with the Patriots, with a second installment due in January, Pro Football Talk reported, citing a source with knowledge of the matter. Brown played just one game for the Patriots before he was released amid an NFL investigation into multiple allegations of sexual assault and misconduct against him.
The NFL Players Association is already preparing a grievance filing on Brown’s behalf, FOX Business confirmed this week. While the Patriots are expected to lean on language in Brown’s contract related to off-field conduct to justify nonpayment of his bonus money – specifically, his failure to disclosure a situation that could impact his ability to play -- an independent arbitrator is likely to side with Brown, according to Daniel Wallach, a sports attorney and legal analyst for The Athletic.
“AB should win grievance and collect all $9M of his signing bonus, which can never be forfeited except in 4 circumstances, none of which apply here,” Wallach wrote on Twitter. “[The NFL collective-bargaining agreement] bars use of other contract provisions. In any event, Patriots waived disclosure issue when they played AB vs. Dolphins.”
Under the collective-bargaining agreement, players can only commit a “forfeitable breach” that would allow teams to claw back bonuses under four circumstances: failure to report to practice or play, an inability to play due to incarceration, an inability to play due to a non-football injury, or voluntary retirement. None of those clauses apply to Brown.
Brown’s contract with the Patriots included language that states the team could void guarantees if Brown “takes any action that materially undermines the public’s respect for, or is materially critical of, the club, player’s teammates or the club’s ownership, coaches, management, operations or policies,” The MMQB reported. It’s unclear if that clause would hold up under scrutiny, given a collectively-bargained provision that prevents use of forfeitable breach language outside the four detailed circumstances.
Brown signed a one-year, $15 million contract with the Patriots that included $10 million guaranteed, including $9 million in signing bonus and $1 million in guaranteed salary.
Brown’s former personal trainer filed a civil lawsuit against him earlier this month alleging that he sexually assaulted and raped her during three incidents in 2017 and 2018. A second accuser said Brown exposed himself to her while she painted a mural at his Pittsburgh-area home.
The Patriots released him last week, hours after Sports Illustrated reported that Brown had sent threatening text messages to the second accuser. The NFL has an open investigation into the situation.
In a social media tirade last Sunday, Brown said it “will not be playing in the NFL anymore” because “these owners can cancel deals.” He also ripped Patriots owner Robert Kraft, who was charged with solicitation in connection to a police investigation of a Florida massage parlor.
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"Kraft [is] never writing that check, no matter what the ruling is now,” a source told ESPN’s Adam Schefter.