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While much of the NHL offseason spotlight has focused on the events taking place in Glendale and Phoenix, Arizona, the Chicago Blackhawks have experienced quite an offseason of their own. Initially, the Hawks had much to celebrate; but as of late, the franchise has shown up in the news for all the wrong reasons.
The offseason started with a bang. Chicago landed Marian Hossa shortly after the July 1st free agency period began, signing the highflying sniper to a twelve-year contract worth 62.8 million dollars. Shortly after signing the most coveted free agent of 2009, the Blackhawks’ offseason fortunes took a turn for the worse.
The weeks following Hossa’s arrival into Chicago were extremely turbulent. During this time, the franchise was the focus of two National Hockey League investigations for not following League rules. Team General Manager Dale Tallon was the subject of one investigation, as he failed to make qualifying offers to his team’s restricted free agents by the NHL imposed deadline.
This failure to tender qualifying offers within the appropriate time frame forced the team to sign these players to larger contracts. Now the team has less cap space to attempt to resign next year’s crop of free agents, which includes Patrick Kane, Duncan Keith and Jonathan Toews. The Blackhawks will most likely be unable to resign all of these elite players due to the team being so close to the salary cap ceiling. Tallon was fired as a result of the blunder.
A few weeks after Tallons’s firing, the team revealed that Hossa would require shoulder surgery. The other adverse Hossa-related news was the initiation of an NHL investigating scrutinizing the circumstances and understanding between the parties regarding Hossa’s contract. Blackhawks management vehemently deny any wrongdoing:
“The Marian Hossa contract is a legitimate contract that was approved by the NHL. We are not at all concerned by the investigation and are confident the NHL will conclude that there is absolutely no evidence that the Blackhawks intended to circumvent the salary cap.”
The investigation is examining whether the parties attempted to circumvent the NHL CBA by intentionally signing a contract that would conclude after he is retired. Intentionally agreeing to such terms, in effect, stretches out Hossa’s annual cap hit (his average salary during the length of the contract, basically dividing 62.8 million dollar by 12). A longer period to divide the contract means that Hossa’s salary will not eat up as much cap space, leaving the team free to allocate more money to other players. Signing a contract that was created in this manner violates the CBA, and the penalties are stiff.
However, proving the parties’ intent may be difficult. Pursuant to the CBA, inferring the intent of the parties’ actions may be based on both direct and circumstantial evidence, as well as examining the reasonableness of the language within the standard player contract. If the investigation finds that the parties violated the CBA, the Blackhawks could be accessed 5 million dollar fine and/or loss of draft picks while Hossa could be fined 1 million dollars. As a draconian tactic, the League could also void Hossa’s contract with the Blackhawks.
The most recent incident for the Blackhawk faithful is scripted right out of the movie Slapshot, as team superstar Patrick Kane was arrested early Sunday morning for assaulting a Buffalo cabbie at 4:00 in the morning. The police report notes that Kane and his cousin had paid a $13.80 meter taxi ride with $15, and that the cabbie only gave back $1 in change. As a result of not giving an additional 20 cents in change, the Kanes snatched the $15 back and assaulted the cabbie, repeatedly punching him and breaking the driver’s glasses.
On Thursday a grand jury in New York’s Erie County began probing the incident. Ultimately the grand jury can decide whether to grant an indictment of the Kanes and move the lawsuit forward. Kane and his cousin are charged with second-degree robbery, a Class C felony, and fourth-degree criminal mischief and theft of services, both Class A misdemeanors.
If found guilty of any of the charges, Kane will most likely walk away with a light sentence, as he is a well liked native of Buffalo and active within the local community. It is also unlikely that Kane will face any penalty from NHL Commissioner Gary Bettman, who does not have the reputation for player discipline.
Kane is supposed to be featured on the cover of EA Sports’ NHL 10, which is due out in a few months. However, it is unclear whether Kane’s taxicab incident and any additional legal consequences will impact his status with EA Sports.
More important than the EA Sports cover is where do all of these events put the Blackhawks in preparation of the upcoming season. Hossa is expected miss several months while recovering from shoulder surgery. He may be available as early as November. In the meantime, it is unclear whether Kane’s legal troubles will keep him off of the ice. Although he is only 20 years old, Kane was long ago anointed as a team leader; he should not be involved in antics that are normally reserved for National Football League players.
Since Tallon’s firing the organization has promoted Stan Bowman to general manager. This move may have damaged the psyche of the locker room, as many players had a close relationship with Tallon and viewed him as a father figure. Although Stan Bowman is the son of legendary coach (and current Blackhawk Senior Advisor) Scotty Bowman, it is unclear whether the shakeup at GM will have a positive effect on the team. Tallon’s mismanagement of the team’s salary cap may also make it difficult for Bowman to resign his marquee players following the 2009-10 season. For now it is up to Bowman to restore order within the organization and refocus the team toward taking another step toward the reaching the Stanley Cup.
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 Jeff Levine is a staff member of the Business of Sports Network, which includes The Biz of Baseball, The Biz of Football, The Biz of Basketball and The Biz of Hockey. He is a sports attorney, and the Executive Director of One Sports and Entertainment, International.
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