The NBA has launched an investigation into the Los Angeles Clippers amid allegations {that a} $28 million endorsement deal tied to star participant Kawhi Leonard was used to skirt wage cap guidelines. It stems from a March 2025 chapter submitting of Aspiration, a now-bankrupt sustainability firm that obtained $50 million in funding from Clippers proprietor Steve Ballmer.
In line with a bombshell report from investigative journalist Pablo Torre, Leonard signed with Aspiration, however did little to no promotional work in return. League officers are probing whether or not the settlement amounted to a “no-show” deal designed to funnel cash exterior of his official contract.
The league employed the New York-based regulation agency Wachtell, Lipton, Rosen & Katz to conduct the investigation.
Aspiration has since handled accusations of fraud, and co-founder Joseph Sanberg has since pleaded responsible to defrauding a number of traders. That submitting included a listing of collectors to whom Aspiration nonetheless owed cash. Amongst them? KL2 Aspire LLC, a company that lists Kawhi Leonard as its supervisor.
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These filings present that Aspiration nonetheless owes Leonard $7 million. But Torre’s reporting didn’t discover a single occasion wherein Leonard endorsed and even talked about Aspiration, as one would anticipate in an endorsement association. Quite a few different celebrities, together with Milwaukee Bucks coach Doc Rivers, did present endorsements for the corporate.
A doc Torre obtained, which Leonard signed, confirmed that Leonard was to be paid $28 million in money over the course of 4 years between 2022 and 2025 so long as he was enjoying for the Clippers. Reporting from the Boston Sports activities Journal, which Torre later confirmed, said that Aspiration additionally had a secret aspect take care of Leonard value one other $20 million, bringing the full as much as $48 million, simply shy of Ballmer’s alleged $50 million funding within the firm.
One former Aspiration worker within the finance division mentioned on Torre’s podcast, Pablo Torre Finds Out, that the deal “was to bypass the wage cap, lol.”
So, what does all of this imply? Let’s dig into the NBA’s guidelines on wage cap circumvention in an try to search out out.
What’s wage cap circumvention?
If you would like the authorized definition of cap circumvention, it may be discovered between pages 339 and 346 of the NBA’s Collective Bargaining Settlement. The related part for our functions will be present in Article XIII, Part 1(b):
“It shall represent a violation of Part 1(a) above for a Staff (or Staff Affiliate) to enter into an settlement or understanding with any sponsor or enterprise associate or third occasion underneath which such sponsor, enterprise associate, or third occasion pays or agrees to pay compensation for basketball providers (even when such compensation is ostensibly designated as being for non-basketball providers) to a participant underneath Contract to the Staff. Such an settlement with a sponsor or enterprise associate or third occasion could also be inferred the place: (i) such compensation from the sponsor or enterprise associate or third occasion is considerably in extra of the honest market worth of any providers to be rendered by the participant for such sponsor or enterprise associate or third occasion; and (ii) the Compensation within the Participant Contract between the participant and the Staff is considerably under the honest market worth of such Contract.”
So what does this imply? Basically, wage cap circumvention is when a group makes use of a 3rd occasion to pay a participant greater than he’s contractually owed or legally allowed to earn underneath the phrases of wage cap. The only method to do that could be by way of an endorsement contract with an organization that the group or proprietor is ultimately concerned in.
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It’s exceedingly uncommon {that a} group is definitely confirmed to have circumvented the wage cap. Nevertheless, there are a variety of situations that the foundations are supposed to shield towards. The obvious could be a famous person making an attempt to earn greater than his league-mandated most wage, however there are others. One instance of cap circumvention might be a group signing a participant to a below-market contract as a free agent with the understanding that they are going to later pay that participant extra after they have collected the requisite Chicken Rights to take action. One other could be paying a participant who’s underpaid and ineligible for a contract extension underneath league guidelines. These guidelines exist to forestall groups from making an attempt to achieve a aggressive benefit by paying gamers greater than the wage cap permits.
Leonard, who initially signed with the Clippers in the summertime of 2019, signed a three-year contract extension value practically $150 million in 2024.
Has anybody ever been caught circumventing the cap?
In 1993, the NBA argued that the Portland Path Blazers circumvented the wage cap because of the uncommon construction of a contract they gave to heart Chris Dudley. That deal, a seven-year, $11 million pact, included an opt-out after the primary season. That was important as a result of at the moment, a free agent gained full Chicken Rights with a brand new group after just one yr, so Dudley would have had the flexibility to decide out and grow to be a free agent, at which level the Blazers might have gone above the wage cap to re-sign him for extra money. This contract was finally upheld in arbitration, and Dudley didn’t train that decide out as he acquired damage in his first yr in Portland. The league’s guidelines on contract buildings have since gotten considerably stricter. Different gamers on the time, similar to Toni Kukoc and Craig Ehlo, had comparable clauses of their contracts.
In 1996, superagent David Falk reportedly hatched a cap circumvention scheme meant to permit the New York Knicks to make a aggressive monetary provide to signal Michael Jordan as a free agent. The identical dad or mum firm, ITT Company, owned each the Knicks and Sheraton Lodges. Whereas the Knicks had cap house, at that time, there was no most wage, which means the Bulls, with Jordan’s Chicken Rights, have been able to providing actually any sum of money to retain him. Subsequently, the plan was for Jordan to be paid $15 million to endorse Sheraton Lodges. The plan was by no means formally introduced earlier than the league; nevertheless, Jordan finally re-signed with the Bulls.
Probably the most well-known case of cap circumvention in league historical past, although, concerned former No. 1 general decide Joe Smith. Whereas Smith had not became the famous person Golden State had hoped when utilizing the highest decide on him in 1995, he was nonetheless seen as a prime free agent in 1998. It was stunning, due to this fact, when he signed an inexpensive, one-year deal to affix the Minnesota Timberwolves.
Two years later, Smith’s agent left his former agency and a messy lawsuit allowed the reality to come back to gentle: Smith had signed three separate one-year offers with the Timberwolves, which might have allowed Minnesota to achieve his full Chicken Rights after the third season after which give him a brand new, long-term deal after that which might have paid him as a lot as $86 million.
Then-NBA commissioner David Stern issued a historic punishment for that circumvention. The Timberwolves have been fined $3.5 million. All of Smith’s contracts have been voided, and with them his Chicken Rights with Minnesota. Then-owner Glen Taylor was barred from working the Timberwolves for a yr. However most notably, Stern stripped the Timberwolves of their subsequent 5 first-round picks. The penalty was so extreme that he finally returned their picks in 2003 and 2005, however they nonetheless misplaced three within the course of.
What’s the penalty for cap circumvention as we speak?
Effectively, that relies on what kind of violation is dedicated. Article XIII, Part 1 of the CBA covers “Normal Prohibitions” in relation to circumvention. Part 2 covers “Unauthorized Agreements.” The CBA individually lists attainable penalties for violations of Part 1 and Part 2 inside Part 3. A Part 1 violation would seemingly carry a extra lenient penalty, doubtlessly together with the next on the commissioner’s discretion:
- A positive of as much as $4.5 million for a primary offense.
- A positive of as much as $5.5 million for the second and any subsequent offenses.
- The forfeiture of 1 first-round draft decide.
- Contracts or transactions that violated league guidelines will be voided.
Nevertheless, a Part 2 violation might doubtlessly carry extra important penalties:
- A positive of as much as $7.5 million.
- A suspension of as much as one yr for any group personnel discovered to be willfully engaged within the violation.
- Contracts or transactions that violate league guidelines will be voided.
- The forfeiture of draft picks.
That final level is critical. No kind or quantity of draft picks is specified, which might seemingly give the commissioner much more latitude to find out the punishment within the case of a Part 2 violation. Subsequently, the punishment the league points the Clippers if they’re certainly discovered to have circumvented the wage cap would finally rely on the precise nature of the violation that the investigation finds.
Have there ever been accusations towards Leonard or the Clippers?
In 2015, the Clippers have been fined $250,000 for providing DeAndre Jordan an unauthorized endorsement contract. Brad Turner of The Los Angeles Instances reported on the time that they supplied him a $200,000 per yr endorsement contract with Lexus. Ballmer had owned the Clippers for lower than a yr on the time of the Jordan negotiation.
Neither Leonard nor the Clippers have ever been confirmed to have circumvented the wage cap with reference to their relationship with each other. Nevertheless, rumors have abounded since Leonard agreed to signal with the Clippers in 2019.
Within the speedy aftermath of Leonard’s choice, The Athletic’s Sam Amick reported {that a} criticism was issued to the league workplace accusing Dennis Robertson, Leonard’s uncle, of asking for improper advantages through the free company course of. From Amick’s reporting on the time:
“The tales about Robertson’s want record made their solution to the league workplace quickly after Leonard made his choice, with involved events reporting that Leonard’s uncle had requested pursuing groups for a lot, far more than a max contract (Kawhi finally signed a three-year, $103 million deal with the Clippers). Sources say the league was informed that Robertson requested group officers for half possession of the group, a personal airplane that may be accessible always, a home and — final however actually not least — a assured quantity of off-court endorsement cash that they may anticipate if Leonard performed for his or her group. All of these objects, to be clear, would fall nicely exterior the confines of the league’s collective bargaining settlement.”
Amick reported that Robertson made these requests of the Lakers and Raptors. Nevertheless, the NBA didn’t discover any proof that the Clippers met these requests. Adam Silver addressed the investigation on to The Athletic.
“We did inform our groups [at the Board of Governors meeting in New York in late September] that we’re wanting into and proceed to look into actions from this summer time,” Silver informed The Athletic in 2019 when requested if the Clippers have been underneath investigation. “I can even say that we [were] attempting to attract a line at this board assembly, and focus everybody on the [free agency] guidelines going ahead. I feel that [I’ll] simply depart it at that. We’re wanting on the conduct from the summer time. We now have and we proceed to take a look at it, however firstly, we wish to change the best way enterprise is completed going ahead.”
Notably, Amick reported that “if any related proof of improper advantages surfaces sooner or later, the league will re-open the investigation and pursue the costs but once more.” In 2020, the NBA was pressured to research the Clippers but once more when Johnny Wilkes, an alleged pal of each Leonard and Robertson, sued the Clippers and group guide Jerry West, alleging that he was owed $2.5 million for serving to the Clippers safe Leonard’s providers. In 2022, that lawsuit was dismissed within the Los Angeles Superior Courtroom.
Leonard signed with the Clippers in July of 2019. Nevertheless, the time period of the deal obtained by Torre started on April 1, 2022, and was set to finish on March 31, 2026. Leonard’s preliminary contract with the Clippers was for 3 years and $104 million. In 2021, he re-signed on a four-year, $176 million deal, after which in 2024, he prolonged once more for $149.5 million over three years.
How have the Clippers and the league responded?
The NBA launched an announcement on Wednesday afternoon by way of a spokesperson saying, “We’re conscious of this morning’s media report relating to the L.A. Clippers and are commencing an investigation.”
The Clippers, in the meantime, wrote in an announcement to Torre that “Neither Mr. Ballmer nor the Clippers circumvented the wage cap or engaged in any misconduct associated to Aspiration. Any opposite assertion is provably false.” Ballmer himself appeared on SportsCenter on Thursday evening to clarify his aspect of the story. He claimed that whereas the Clippers launched Leonard to Aspiration in 2021, after Leonard had agreed to a contract extension and the Clippers had introduced a $300 million partnership with Aspiration, they weren’t concerned of their deal.
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“We have been executed. We have been executed with Kawhi, we have been executed with Aspiration. The offers have been all locked and loaded,” Ballmer mentioned. “Then, they did request to be launched to Kawhi, and underneath the foundations, we are able to introduce our sponsors to our athletes. We simply cannot be concerned.”
Mark Cuban, the outspoken former Mavericks proprietor, shared his ideas on Wednesday, posting on social media that he is “Staff Ballmer.”
“As a lot as I want they circumvented the wage cap, first Steve is not that dumb,” Cuban wrote. “If he did attempt to feed KL cash, understanding what was at stake for him personally, and his group, do you suppose he would let the corporate go bankrupt? Realizing all collectors could be seen to the world?”
On Thursday, Cuban appeared on Torre’s podcast and argued that time.
Leonard has not commented publicly.