Roger Goodell's Cleveland Browns investigation appears to have authorized a framework for tanking in the NFL

Roger Goodell would not have thought that conducting a current investigation into the Cleveland Browns would have led to effectively creating a framework for other teams to do what the Cleveland Browns are currently being investigated for. The issue concerns tanking; namely the allegation that the Cleveland Browns paid their former coach Hue Jackson to deliberately lose games to secure better draft capital, which is against the spirit of competitive sport.

Cleveland Browns investigation clarified by Roger Goodell

After completing the investigation, the NFL wrote to the Cleveland Browns with Roger Goodell highlighting two points.

First, he said Article 9.1(C)(8) of the NFL constitution, which reads “a team cannot offer to pay a player or coach and no player or coach may receive any bonus, money, or thing of value for winning any game played in the League,” applies to "winning particular games against particular opponents." In effect, he said it is alright to give bonuses for winning a particular amount of games, as long as it did not target individual games for winning.

Another salient point mentioned in the letter was that the Browns signing “significant free agents” showed a desire to win and, therefore, nullified the clause in the contract that was designed to give bonuses to give more draft picks to the franchise.

Effectively, therefore, a coach's contract can be structured to win a certain number of games.That threshold can be as low as needed, as long as a general direction of progress is shown. General forward momentum can mean anything as vague as signing free agents, as per the precedent laid out here, and it will not affect any contractual clause that asks a coach to get more draft picks for the team.

In other words, NFL teams now have the perfect ammunition to tank and play for better draft picks next year as long as they are sure they are not going to be competitive this year. Till date, Article 9.1(C)(8) was assumed by many to preclude contracts from giving bonuses on winning thresholds but this removes that. And as long as any general sense of building for the future is established, teams can play for draft picks.

This can create a dangerous game where teams make it a race to the bottom to get better draft picks to build on. It stands to jeopardize the integrity of the competition. In looking to exonerate the Browns, Roger Goodell may have set the league up for a ruinous future.