Diagnosis Skoliosis: Can a Case of Tampering Really Benefit the Vikings?

Tampering: To interfere with something in order to cause damage or make unauthorized alterations. Well, the Oxford dictionary doesn't mince words, now do they? The NFL's description of tampering is a little less foreboding, but it does describe how teams are not allowed to talk to members of other teams, both players and coaches, outside of prescribed time limits, particularly while said individuals are still under contract with their current organizations. Some different stipulations are in place for coaches, but with players, the NFL explicitly outlines that teams, players, or members of the organization are not allowed to have direct contact with players or their representatives concerning future deals prior to the beginning of the legal tampering period. This would include speaking with a team's head athletic trainer, or a potential recruitment campaign by a teams starting tight end. It just so happens that this is exactly what happened with Kirk Cousins prior to signing with the Atlanta Falcons, and in one of the more oblivious and boneheaded moves out there, the person who let slip that information was none other than ole Kirko himself.

While the NFL still conducts it's investigation, I am able to sit back comfortably and assume with reasonable certainty that tampering by the NFL definition took place. Reports have circulated that Kirk's wife spoke about the matter prior to free agency, and the Cousins' put their family home in Minnesota up for sale and began a move to Atlanta at least a week prior to the beginning of the legal tampering period. I am not upset by any of this because I have been an open proponent of letting Kirk and his exorbitant contract leave so the Vikings can begin forging a new path forward. I am actually not even surprised that the tampering took place. If you believe that in the modern NFL that tampering doesn't regularly take place, then I would love to talk to you about this bottle of snake oil I have. So, taking the super simple step, rather than leap, to the conclusion that this tampering did in fact occur, what is going to be the result?

On April 12th, Mike Florio of Pro Football talk published an article concerning just the matter. Within he spoke about the tampering and how previous and most recent tampering cases had been solved by the teams involved coming to a settlement which resulted in pick in the same year's draft. More specifically, in the 2022 NFL Playoffs, Monti Ossenfort, General Manager of the Arizona Cardinals, contacted Jonathan Gannon or his representatives, who was at the time the defensive coordinator of the Philadelphia Eagles. This contact was outside of the leagues allowable contact period, considering that the Eagles were still in the playoffs, and thus was considered tampering. To his credit, Monti Ossenfort recognized that he had violated league rules, and actually self reported to the NFL his violation. Roughly minutes prior to the 2023 NFL Draft, just several months after the offense, the Cardinals and the Eagles came to a resolution on the matter which had the Cardinals sending the 66th overall pick in that draft to the Eagles in exchange for the Eagles 94th overall pick. The Eagles also sent the Cardinals a 2024 5th round pick in the deal, but overall came away with what was viewed as significant compensation in that year's draft. As the matter had been settled by the two teams, the League discontinued their investigation.

Going back to Florio's article, he postulates that based on the premise of the Cardinals/Eagles pick swap and factoring in the amplitude of the player and money involved, that a swap of first round picks could be the resultant penalty between the Falcons and the Vikings. This is a sentiment echoed by many Vikings fans who feverishly are looking for any way to fill the void of having Cousins in house. A swap of picks 8 and 11 in this years draft may not seem like much initially, but considering that the Vikings are both in dire need of a QB and look to be major players in a potential trade up for a QB, the increase in draft pick value would be a humongous boon for the team. So, is it really possible that this pick swap could happen prior to the draft? You might think so, but I would caution against putting the horse before the buggy on this one. Comparing the Cardinals/Eagles tampering case to this one between the Falcons and Vikings is not exactly a one-for-one, and potentially the biggest hurdle could come from the Falcons and their owner Arthur Blank. Unlike Ossenfort, who admitted wrongdoing, Arthur Blank has vehemently denied all allegations of tampering.

So where does this leave the Vikings, Falcons, and the NFL? The investigation continues, but if the real history behind tampering is paving the path for the conclusion to this situation, Vikings fans should be cautious to get their hopes up. Despite Florio claiming that the NFL set the precedent for tampering violations last year, it is wise to remember that the NFL proper, as an organization, in fact did not set a precedent because it levied no official penalty or punishment. There is, however, some actual precedent that we can pontificate from, all happening while the NFL was ruled by Commissioner Roger Goodell.

Thanks in great part to Minnesota beat writers such as Judd Zulgad and through minor research of my own, it is important to contextualize the "Ossenfort Oopsie" while contrasting it to other recent tampering events in the NFL.

In 2022 the Miami Dolphins were penalized and forced to forfeit a 2023 1st round pick and a 2024 4th round pick in addition to large fines against the team and suspensions. These penalties were levied by the NFL after they determined that the Dolphins had tampered with Tom Brady, who at the time was still a member of the Patriots, and for having discussions with Sean Payton about him becoming their next head coach. Neither the Patriots nor the Saints received any direct compensation.

In 2016, the Kansas City Chiefs were found guilty of tampering with former Eagles first round pick WR Jeremy Maclin prior to the 2015 offseason. Unlike the Dolphins 2022 tampering, the Chiefs did in fact sign Maclin, and were subsequently fined $250K along with losing their 3rd and 6th round picks in the 2016 NFL draft. Despite the Eagles directly losing the player, the draft picks were forfeited rather than given to Philadelphia as compensation.

In 2008, the 49ers were found guilty of tampering with Bears linebacker Lance Briggs in 2007, who was currently under the franchise tag. Briggs did not end up with San Francisco, but the league still penalized the 49ers by having them forfeit their 5th round pick in the 2008 draft, but also had the Bears and 49ers swap 3rd round picks that year.

Looking back at these tampering events where teams were found guilty by the league, rather than coming to a settlement between the affected teams, several reasonable conclusions can be surmised. Firstly, the NFL has not operated or investigated with haste, as all of the findings and penalties were imposed the year following the initiation of the investigation. This would mean that the precedent, if adjudicated solely by the league, that any penalties handed down by the NFL would affect the 2025 NFL draft. The only counter to this would be that the leagues investigation processes could have become more streamlined, and/or we haven't had such a blatant accidental admission of guilt by one of the parties making the investigation that much easier. Secondly, of the rulings that the league has made, the typical penalty results in the violator forfeiting draft picks. The one exception to this is the 2008 Bears/49ers tampering case, where in addition to forfeiture, the Bears and 49ers also had a pick swap.

Short of a true, new precedent being set, I think that Vikings fans should not be expecting a quick resolution to the matter. A swap of 1st round picks this year would be an outstanding return for Minnesota while potentially only being a slap on the wrist for the Falcons, but that amount of draft capital changing hands with such an accelerated investigation timeline would truly be unprecedented. As Vikings fans, we should prepare for the worst, which of course would be receiving no direct compensation. A more optimistic outlook would have the Vikings getting some picks in return this year or next, or seeing an advantageous swap of picks this year or next. It's not foolish to hold out hope that a 1st round swap could occur this year. Tempering those expectations to avoid another Minnesota Heartbreak, however, is absolutely the correct mindset. Using the Rich Hill trade chart, the difference between pick 8 and 11 would be equivalent to roughly a mid 3rd round pick this year, and does begin to make sense, however, the only way I see this happening is from a Falcons admission of guilt and willingness to settle. If Arthur Blanks comments are expected to be maintained, it seems that the door on that dream is quickly closing.