The attorneys for over 40 former Washington football employees sent a letter to NFL commissioner Roger Goodell alleging the league may have violated the promise of confidentiality that allowed their clients to speak with investigators about Washington owner Daniel Snyder and the organization’s toxic workplace culture.
In an Oct. 18 letter, attorneys Lisa Banks and Debra Katz said that based on the reporting in last week's ESPN article by Don Van Natta, Seth Wickersham, and Tisha Thompson, Snyder used Beth Wilkinson's investigation as "a tip sheet" to compile an "enemies list" to create an extensive presentation "based upon private messages and calls of nearly 50 individuals" to harass their clients who spoke to investigators.
“If true, this was in clear violation of a very specific promise the NFL made to our clients, through Ms. Wilkinson and her team, that witness names would be kept confidential and not shared with Mr. Snyder or the Washington Commanders," the letter reads.
Banks and Katz write that many of their clients agreed to participate in the investigation "based solely on the assurance" of confidentiality as "they feared retaliation if their names were disclosed." The letter alleges "several of our clients were harassed by private investigators, some were publicly disparaged and/or removed from team alumni groups, and at least one who was still working for the team was terminated" after the NFL revealed witness names.
As a result, the lawyers have threatened to sue the league, writing, "If true, the 'tip sheet' allegation is not only morally reprehensible, but it also provides the basis for us to take legal action against the NFL, which we will do given the serious harm caused to our clients by their reliance on the NFL's promises.”
Banks and Katz note the league's "hypocrisy" in not releasing the Wilkinson report after claiming they were keeping it private as a way of protecting the confidentiality of the witnesses, while they say there is now reason to believe the league had disclosed the names "freely to Mr. Snyder during the course of that investigation.”
In a statement Tuesday, the Commanders denied the team or Snyder were advised about the investigation or told who had been interviewed as part of it.
“Neither the Team nor Mr. Snyder was ever advised by the NFL, Ms. Wilkinson, or anyone else, about the progress of the investigation, or who had been interviewed in connection with it -- either during the investigation or afterwards," a Commanders spokesperson said in a statement to Team 980. "Even now, the team and Mr. Snyder have not received any information from the NFL or Ms. Wilkinson on these matters. ESPN was advised of this fact before they ran their story last week, but proceeded to go forward with the story, based on their discussions with 'unnamed sources.' The story was false last week, and it is false today.”
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NFL spokesman Brian McCarthy released a statement denying that the league shared the names with Snyder or the team.
"We have said repeatedly that we are committed to protecting the anonymity of all witnesses who participated in the Wilkinson investigation," the statement read. "The NFL did not share their names with the Commanders and their lawyers. The allegation is false. Ms. Wilkinson and her firm kept their pledge to the witnesses and did not share their identities with the Commissioner or League staff other than the limited number of participants who were willing to be identified."
The NFL and the Washington franchise signed a "common interest agreement" in Sept. 2020, to share information during Wilkinson’s inquiry into Snyder and the organization’s toxic workplace. The agreement says that the NFL and the team "share common legal interests, and that in furtherance of such interests, the Parties have and will continue to share information and communications with Wilkinson Walsh and with each other in connection with the Investigation," per ESPN, who first obtained Tuesday’s letter from Banks and Katz.
Prior to the NFL owners meeting in New York, a team executive told ESPN the "common interest agreement" had troubled some executives around the league and owners as it allowed Snyder and the NFL to jointly monitor the Wilkinson investigation.
The team executive told ESPN that agreement is "the main exposure for the league" and a "main weak point."
The attorney's letter calls for the release of the full Wilkinson report and the release of a full report of an on-going investigation conducted by former U.S. Attorney Mary Jo White.
John Brownlee, one of Snyder's attorneys, was asked Monday about the NFL and Washington franchise dissolving "the common interest agreement" and the release of Wilkinson's findings. He said it was Goodell who “decided, and alone decided, that he didn’t want a written report.”
Brownlee reiterated there is “no Wilkinson report to release" and "the team and Dan Snyder had zero to do with that.”
Banks and Katz's letter closes by asking for a meeting with Goodell to discuss if the “tip sheet” exists and threatens further action.
"If you ignore our request, as you have with our past requests to talk to you directly, we will assume that the reporting by [ESPN’s] Mr. Van Natta is true and we will move forward with formal legal action on behalf of our clients," the letter said.
Follow @BenKrimmel and @Team980 for latest.
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