Decoding the Kawhi Leonard Investigation, with DeMaurice Smith

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Pablo Torre Finds Out 43 min 3 speakers 4 chapters transcribed 2 months ago
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What is the main topic discussed in this episode?

Pablo Torre 0:00
Welcome to Pablo Torre Finds Out.
DeMaurice Smith 0:02
I am Pablo Torre, and today we're going to find out what this sound is. So the first thing that every fan should do when they hear the word independent is stop thinking that it's independent. After this.
Pablo Torre 0:22
I want to do a thing that I think people are expecting me to do to the point of exhaustion, which is talk about the Kawhi Leonard story. Really, what's happening? I haven't heard. Well, that's an operative question. What is going on?
DeMaurice Smith 0:34
Looking at the clock, looking at the calendar. Could be happening in the world of perhaps salary cap fraud. I mean, I don't know what could be happening.
Pablo Torre 0:42
Well, on Tuesday, Adam Silver happened to address the whole Kawhi Leonard Clippers investigation timeline. In addition to the trade that was supposed to happen between the Clippers and the Raptors for Kawhi, that seemed done. And then wasn't. And so we have new sound of the commissioner at the big NBA Board of Governors press conference out in Vegas.
Adam Silver 1:03
I am not conducting the investigation, nor is the league office that's being conducted by the Wachtell law firm independent of the league. Of course, as I've said previously, we all have an interest in wrapping this up. And I think I most recently said in an interview that I'm hopeful that it will wrap up this summer. So that would continue to be the goal here. And I just want to clarify, you know, so everyone understands, I mean, the league did not pause the trade. The parties to the trade made a decision not to go forward.

What is the Kawhi Leonard–Clippers investigation and why does 'independent' matter?

Adam Silver 1:37
given that the investigation remained open.
Pablo Torre 1:40
We await. We await the thing that's supposed to happen. As the NBA continues its independent investigation. Independent investigation. Well, then we're fine. Well, this is why you're here. Demora Smith, thank you for being back in studio with me. Please. It's always a pleasure. Well, I want to establish that you have a particular and I think singular ability to explain a complicated thing that is an NBA story, but a lot more than that. Yeah. Because your job, for those not familiar, executive director of the NFLPA, the Players Association, for about 14 years? Almost 15. Before then, you were a federal prosecutor. Was. Working for the Justice Department as an assistant U.S. attorney in D.C.? Yep.
DeMaurice Smith 2:20
Was that fun? Best job I've ever had in my life. Why? I primarily handled violent crime and homicide. So I was there for about six, almost seven years. You get to go to work every day and do the right thing. And second, being a lawyer in the Justice Department where you are charged with, you know, first and foremost, defending the Constitution. I know that's a rare way of thinking about it, given the administration. But the role of a Department of Justice lawyer is to simply ensure that the dictates of the Constitution are followed. And it's a rare day that you have a job like that.
Pablo Torre 2:55
It takes us in your professional timeline to Latham. Yep. Latham & Watkins, one of the premier white shoe law firms in the United States, where you did what?
DeMaurice Smith 3:04
I co-chaired the White Collar Crime, representing businesses, individuals who allegedly, have to even laugh, allegedly created, you know, offenses. It was primarily a business practice, but you know, for the almost 10 years that I was a partner, you're representing large corporations, pharmaceutical companies, defense contractors, either in the middle of a criminal investigation, or they think that they have uncovered some sort of criminal problem. And you're hired to do one of two things. Either A, if it comes to the attention of the government, obviously you now are the defense lawyer for the company. If the company thinks that they are aware of criminal activity that violates the securities laws,
DeMaurice Smith 3:49
They might ask you as a partner to do an internal investigation that we would call an independent investigation that would be designed to uncover who, when, where, what. And in those cases, you're either reporting to the board, you might be reporting to the audit committee, you might be reporting to compliance. But let's level set.

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