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Agent Drew Rosenhaus accused of breach of contract, fraud by employee in arbitration filing

Prominent NFL agents Drew and Jason Rosenhaus have been accused of breach of contract and fraud in an arbitration filing with the National Football Players Association by Rosenhaus Sports Representation vice president Danny Martoe, according to a legal memorandum obtained by Yahoo! Sports.

If the accusations against the Rosenhauses are true, the brothers could be subject to NFLPA disciplinary action, including suspensions.

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Drew Rosenhaus (AP)

In the memo, Martoe's attorney David Cornwell accuses the Rosenhaus brothers and their attorney, brother-in-law Adam Swickle, of offering inducements to multiple third parties to "obtain a false accusation" against Martoe in an attempt to damage his position in the dispute. Those efforts allegedly included Swickle offering "to compromise RSR's claims against Chris Pinkow and his car leasing company in exchange for Mr. Pinkow making false accusations that Danny had accepted kickbacks from Mr. Pinkow," according to the memo. Pinkow has been a principal in two South Florida auto companies which are now inactive, according to the Florida's Division of Corporations website.

At the heart of the dispute is Martoe's contention that he has received insufficient commission from the agency.

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According to the memo, when Cornwell informed another of Rosenhaus' attorneys, David Dickieson, of the alleged misconduct, Dickieson responded to Cornwell saying, if the allegations were true "Swickle's actions were a crime."

"Suffice it to say the allegations raised are untrue and are being made by people with motives to try to sway public opinion and harm the Rosenhaus Sports name," Drew Rosenhaus said. "Ultimately, their efforts will not work."

Swickle didn't respond to a request for comment.

Perhaps the most troubling allegation revealed in the memo is a claim that "RSR, Drew, and/or Jason has/have offered to compromise one of their client's claims [Lawrence Timmons] against Mr. Pinkow and/or his company in exchange for a false accusation against Danny.”

Among the union regulations the brothers may have violated:

Section 3(A)(14) which requires agents to "comply with state and federal laws"
Section 3(A)(17) which requires agents to "act at all times as a fiduciary for NFL players"
Section 3(A)(18) which requires agents to "comply with the stated policies of the NFLPA"
Section 3(B)(8) which prohibits agents from "engaging in activities that create a conflict of interest in the effective representation of NFL players"
Section 3(B)(14) which prohibits agents from “engaging in conduct involving dishonesty, fraud, and deceit”

Cornwell is requesting that the NFLPA immediately intervene to "compel [the Rosenhauses] to cease and desist from any actions that seek to gain an unfair advantage" in the arbitration between the parties.

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