Yeah I'm less concerned with whether the Patriots end up having to pay that money to him - Kraft can spare it and it'll be a matter of litigation for a while - than I am about whether we get relief under the salary cap, since that's what Belichick was really risking (well that and the opportunity cost of the time spent dealing with him).
Does anyone who knows more about salary cap relief than Albert Breer have an opinion on this? This isn't something Miguel would normally offer an opinion on, is it?
I just read the portion of the CBA that applies. It's very difficult to understand. I think the following are the relevant questions and I don't know any of the answers to them, though some have been speculated about in the press.
1. Did the Patriots void the guaranteed money before cutting?
2. If no, can they void it now even after cutting him.
3. Did the Patriots pay the guaranteed money yet? (I think this is very important, see below.)
4. What were the terms of the contract for voiding guarantees?
5. Assuming there was a provision in the contract that permitted voiding the guarantees was it a clause that is permitted by the CBA. (If limited to guaranteed money only, the answer appears to be that the CBA would allow it.)
6. Assuming there was a provision in the contract that permitted voiding the guarantees did AB engage in conduct that violated the contract?
Here's why I think number 3 is important. Once you pay the player a guarantee you can void it but you have to affirmatively seek to recoup it. You cannot get cap relief until you win your recoupment claim. if you have not yet paid the player and you void the contract I believe that you get immediate cap relief and are only hit with the cap charge if the player wins a greivance.
I believe that the club and the play are allowed to negotiate and resolve the claim and if they do the agreed upon amount is the cap charge, but again, there's the tricky question of when cap relief is given.
The first thing we need to know is whether the Patriots are going to void the contract (or whether they already did) and whether and what they have already paid Brown. The less they've paid him of the signing bonus (and I have seen conflicting reports on that issue) the better they are in terms of getting immediate cap relief.