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Oklahoma Creates Special Sports Agent Prosecution Team

The State of Oklahoma now has a special sports agent prosecution team, which was announced by Oklahoma Attorney General Scott Pruitt last Friday.  The prosecution team is led by an attorney within the Attorney General’s office, and will include investigators who will be hired to investigate situations as they become apparent.  On the surface, it is a step that distinguishes the State of Oklahoma from many other states that are merely making amendments to their existing Athlete Agent Acts.  However, Oklahoma also recently updated its sports agent regulations.

Highlights of the 2011 revamped Oklahoma Athlete Agent law:

  • Sports agent applicants have to post a $250,000 surety bond.
  • 1st infraction = misdemeanor with a fine up to $250,000.
  • 2nd infraction = felony with a fine up to $500,000 and 3 years in prison.
The Oklahoma universities support Pruitt with regards to the new law and the special sports agent prosecution team.  The University of Oklahoma (OU), in particular, has been vocal in the past when it comes to sports agent regulations.  When the NFL Players Association decertified earlier this year, OU sent a letter to all formerly NFLPA Certified Contract Advisors.  The following is part of the message sent by Jason D. Leonard, Executive Director of Compliance for the University of Oklahoma:

Message for sports agents and those acting on their behalf – READ CAREFULLY:
As you are aware, the NFLPA is currently no longer unionized.  However, it is essential that you are aware that state law still restricts your contact with football “underclassmen”.

The State of Oklahoma Uniform Athlete Agent Act (“UAAA”) and the University of Oklahoma Athlete Agent Policy require agents (and individuals acting as agents) to register themselves with both the Secretary of State and University prior to contacting any student-athlete.  Contact is defined in broad based terms and includes Facebook friending.

Contact of any type with a student-athlete who is not eligible to enter into a professional sports contract is prohibited.  Therefore, any contact by agents (or their associates, runners, etc.) with any University of Oklahoma football student-athletes who are not at least three (3) NFL seasons removed from high school would be a violation of both the State of Oklahoma UAAA and University of Oklahoma policy.  Any conduct contrary to the parameters of state law and/or university policy may subject you to both criminal and civil penalty.

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.