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Arkansas Attorney General Wants To Clamp Down On Agents And Intermediaries

It has recently become a trend for state attorneys general to claim that sports agents will be prosecuted for violating their respective state athlete agent laws.  Whether there is anything behind their words remains to be seen.  The most recent attorney general to put sports agents on notice is Arkansas Attorney General Dustin McDaniel.

McDaniel said his legislative package for the upcoming legislative session would include a bill with stricter punishment for a sports agent, an athlete’s relative or another third party who negotiates benefits in exchange for an athlete attending a university. The attorney general cited the activities of Auburn quarterback Cam Newton’s father in seeking $180,000 from Mississippi State if he could steer his son to sign with that school.

“The student athlete’s career can be severely damaged if not destroyed when it comes to light, if the incident is severe enough the school can suffer … but the agent bears little real risk,” McDaniel said.

McDaniel wants to punish anyone acting as an intermediary in such cases by making it a felony punishable by a fine up to $10,000 and as much as six years in prison.

McDaniel said he hopes University of Arkansas Athletic Director Jeff Long will help present the bill.

The NCAA has absolutely no power over a third party who negotiates benefits in exchange for a student-athlete’s commitment to attend a university.  The NCAA may penalize the student-athlete by limiting his participation in athletic events and the athlete’s school could suffer great ramifications, but the third party gets off unscathed.  That is, unless a state like Arkansas has a law on the books that could send the third party to jail for 6-years.  The $10,000 fine pales in comparison to the $180,000 figure that Cam Newton’s father was seeking, and might not be enough of a deterrent.  6-years in behind bars – that’s a scary thought.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

One reply on “Arkansas Attorney General Wants To Clamp Down On Agents And Intermediaries”

Amazing that the NCAA could manage to convince State Governments to make it a crime, punishable by jail time, to seek to serve as an agent for a stellar athlete. It’s incredible how the NCAA has succeeded in conflating its rules with the law, and when that didn’t suffice, to pass real laws to perpetuate its collusive agreements not to pay the talent (or even let them get representation)

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