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NBA Players Sports Law

Former NBA Agent Charles Briscoe Charged With Scheme To Defraud Players

On March 23, the U.S. Attorney’s Office for the Southern District of New York published a release indicating that former NBA agent Charles Briscoe was arrested and faces serious criminal charges related to alleged crimes concerning the defrauding of professional athlete clients out of millions of dollars.

The announcement indicates that one of Briscoe’s clients was discussing the potential of purchasing a pro women’s basketball team and Briscoe introduced that athlete to a man named Calvin Darden, Jr. Together, Briscoe and Darden, Jr., along with one of Darden, Jr.’s relatives, talked about purchasing the team through a company given that the player was not permitted to acquire an interest in the team in his own name while still employed as a pro basketball player. Briscoe and Darden Jr. purportedly told the player that the company to purchase the women’s basketball team had a board of advisors containing several prominent individuals when they apparently knew that at least two of those individuals were not, in fact, advisors to the company.

The player transferred $7 million to a bank account controlled by Darden, Jr. for the purpose of purchasing the aforesaid women’s basketball team. Unfortunately, none of that money was used for that purpose. Instead, more than $1 million was transferred to Briscoe.

The allegations also state that Briscoe defrauded another athlete when he convinced that athlete to fund a startup sports agency, lying that the agency had already signed a highly touted athlete who was to be drafted by an NBA team. Briscoe allegedly went so far as to forge the signature of the athlete who he said had signed with the agency and directed the athlete investor to transfer $1 million as a loan. Briscoe purportedly pocketed the cash and used more than $300,000 of it to pay off a debt that he had personally incurred.

Briscoe claimed to represent many NBA players, although it is not altogether clear who he represented in the past. In February 2022, Briscoe was sued by Continuum Capital Ltd. for allegedly making false representations to the company, which relied on those statements to help fund a startup agency called Icon Legacy Group in March 2021. The Complaint alleges that Briscoe represented to Continuum that he was the agent for Dwight Howard and was in the midst of completing a new contract for Howard, which would result in significant fees for the company. But apparently, Howard was represented by agent Qais Haider at the time. Continuum also complained that Briscoe said he was representing Chris Duarte and that commissions were due from Duarte, but no money was ever collected.

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.