Report: Avery Bradley accused of sexual assault, pays to silence accuser, denies wrongdoing

 
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PostPosted: Fri Dec 29, 2017 7:32 am    Post subject: Report: Avery Bradley accused of sexual assault, pays to silence accuser, denies wrongdoing

http://nba.nbcsports.com/2017/12/29/report-avery-bradley-accused-of-sexual-assault-pays-to-silence-accuser-denies-wrongdoing/

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Report: Avery Bradley accused of sexual assault, pays to silence accuser, denies wrongdoing


Pistons guard Avery Bradley – then with the Celtics – played the Cavaliers in Game 4 of the Eastern Conference finals in Cleveland on May 23.

TMZ:

the allegation stems from an incident on May 23 in Cleveland, Ohio. The woman involved claimed Bradley sexually assaulted her while she was passed out drunk.

After the incident, the woman contacted Bradley and accused him of assaulting her. The two sides came together to work out a deal to keep her quiet and prevent her from releasing any video, photos or audio.

At one point in the negotiations, the parties considered resolving the matter for $400,000 … but it’s unclear what number Bradley ultimately agreed to pay. We’re told the final figure was high.

We spoke with Bradley’s attorney Brian Wolf of Lavely & Singer who tells us, “Mr. Bradley absolutely denies having engaged in wrongdoing whatsoever. The confidentiality agreement specifically refutes and denies the validity of all allegations of any wrongful conduct by Mr. Bradley. The sole purpose of the agreement was to protect the reputation and privacy of Mr. Bradley and his family.”

Wolf adds, “My office will take all appropriate action against all persons involved in the wrongful disclosure of this agreement. We will conduct a thorough investigation into who is responsible for this wrongful disclosure.”

As Bradley’s attorney investigates a breach of the confidentiality agreement, others – probably including the NBA – will investigate Bradley. Our society has made much-needed progress toward not tolerating sexual assault. Bradley will still have and deserves a chance to defend himself, but this has become the messy public affair he tried to avoid.
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jodeke
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PostPosted: Sat Dec 30, 2017 1:19 pm    Post subject:

Pandora's sex box has been opened. Thanks Harvey
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PostPosted: Sat Dec 30, 2017 6:54 pm    Post subject:

why settled if you are innocent? And if the woman was paid, isn't she supposed to keep quiet? How come this was leaked to the media?
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PostPosted: Sat Dec 30, 2017 7:05 pm    Post subject:

ksmgf wrote:
why settled if you are innocent? And if the woman was paid, isn't she supposed to keep quiet? How come this was leaked to the media?


I think it makes sense to settle even if you’re innocent just to not drag it out. That’s what Kobe did too.
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PostPosted: Sun Dec 31, 2017 8:38 am    Post subject:

ksmgf wrote:
why settled if you are innocent? And if the woman was paid, isn't she supposed to keep quiet? How come this was leaked to the media?



You can't prove you didn't do it beyond taped confession by accuser or videotape with sound on.

Its He said/she said. The damage is done settling is probably more cost effective than fighting a losing battle.
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PostPosted: Sun Dec 31, 2017 9:51 am    Post subject:

Innocent or guilty, rich people and powerful business entities pay their way past this stuff by settling with the accuser all the time. Good for business, from their POV.
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PostPosted: Sun Dec 31, 2017 11:47 am    Post subject:

From my experience, you don't pay $400,000 unless the claim against you is pretty strong. $40,000, maybe. This is not to say that he is literally guilty, as there is a big gray area in date rape cases. But at a minimum he was in dark gray territory.
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PostPosted: Sun Dec 31, 2017 12:18 pm    Post subject:

I guess the real question is, will the NBA care? He would have already been suspended by the NFL.
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PostPosted: Sun Dec 31, 2017 2:16 pm    Post subject:

My concern is the woman involved claimed Bradley sexually assaulted her while she was passed out drunk. If this is true I understand why Bradley wanted the complaint squelched. That's embarrassing.

Question;
If a person signs a confidentiality agreement and breaks it, what's the consequence? Do they have to give the money back, is there a jail sentence? What?
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PostPosted: Sun Dec 31, 2017 4:23 pm    Post subject:

Breach of contract. The problem is proving that she is the one who leaked the information, then proving damages. And then you have to collect a judgment against someone who may have already spent the money or moved to a pro-debtor state. Sometimes the deal will be structured to pay out the money over time, subject to compliance with the confidentiality requirement.

This is not directly on point, but it was a wake up call for lawyers who represent employees.

http://www.cnn.com/2014/03/02/us/facebook-post-costs-father/index.html
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PostPosted: Mon Jan 01, 2018 10:56 am    Post subject:

Only way I see a confidentiality agreement having any beef is to structure it to pay out the money over time. Breach of contract allows one could get paid, sell the story and get paid again by a outlet.
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PostPosted: Mon Jan 01, 2018 7:33 pm    Post subject:

Oh, there are ways to mess with someone selling the story. You can make them transfer the intellectual property rights to the story as part of the deal. I've actually run into a company that was paranoid enough to do that.
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PostPosted: Mon Jan 01, 2018 10:57 pm    Post subject:

How does that affect the person originally being protected by the agreement? In this case Avery Bradley. Seems he's lost any leverage.

I glean the person first signing the agreement can/will be shielded and the entity buying the rights will make money and Bradley has no control over the proceedings.
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PostPosted: Tue Jan 02, 2018 8:20 am    Post subject:

Well, he could get the profits from the book in that situation. However, in Bradley's case, there won't be a book, so it gets him nothing. Really, the only effective leverage is payments over time.
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PostPosted: Tue Jan 02, 2018 8:41 am    Post subject:

Aeneas Hunter wrote:
Well, he could get the profits from the book in that situation. However, in Bradley's case, there won't be a book, so it gets him nothing. Really, the only effective leverage is payments over time.


I kinda figured that.
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Only way I see a confidentiality agreement having any beef is to structure it to pay out the money over time


Happy New Year AH.
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PostPosted: Tue Jan 02, 2018 12:34 pm    Post subject:

Happy New Year back at you. We made it to another year.
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PostPosted: Tue Jan 02, 2018 5:15 pm    Post subject:

I know. For me that's a blessing. Every day is a blessing.
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