The Los Angeles Clippers are officially going to war with the NBA.
Following the league’s unprecedented punishment stemming from its investigation into alleged salary-cap circumvention involving Kawhi Leonard, the Clippers have sent a blistering letter to NBA Commissioner Adam Silver accusing the league of conducting a fundamentally unfair and predetermined investigation.
The letter, written by O’Melveny & Myers attorney David N. Kelley, argues that the NBA failed to live up to promises Silver made nearly one year ago when announcing the investigation.
At the time, Silver said the process would be governed by “due process” and a “fundamental sense of fairness,” while emphasizing that the league would have the burden of proving any violation through evidence rather than “mere appearances.”
According to the Clippers, that standard was not followed.
Clippers Say Investigation Cost Nearly $50 Million
The team claims Steve Ballmer has spent nearly $50 million funding an investigation conducted by Wachtell, Lipton, Rosen & Katz.
The Clippers say they produced more than 30,000 documents, provided more than 20 witnesses, and participated in approximately 30 interviews.
The organization also claims Ballmer reimbursed the costs of at least six law firms, with several allegedly hired at the request of league attorneys.
The letter says Clippers employees spent thousands of hours searching through document repositories, phones, messaging systems, accounting records and other files.
The organization argues that the investigation has gone far beyond the original allegations involving Aspiration and has permanently damaged relationships with some of its business partners.
Clippers Accuse NBA of Changing Its Theory
Perhaps the most explosive portion of the letter involves what the Clippers describe as a dramatic change in the NBA’s theory of wrongdoing.
The team says league counsel acknowledged during discussions that the NBA did not believe there was an agreement between the Clippers and Aspiration to funnel money to Leonard.
The Clippers also claim league counsel agreed with the Department of Justice, Securities and Exchange Commission and a federal judge that Ballmer was a victim of Joe Sanberg’s alleged fraud—not a participant.
Yet, according to the Clippers, the league ultimately issued a report reaching the opposite conclusion without giving the organization meaningful notice or an opportunity to respond.
The team says the NBA instead shifted its focus toward Leonard being introduced to certain Clippers sponsors and vendors at the player’s request.
And that’s where the Clippers believe the league crossed the line.
‘No League Rule Prohibits’ Sponsor Introductions
The Clippers argue that introducing players to team sponsors and vendors is both proper and commonplace throughout the NBA.
The letter states that no NBA rule prohibits teams from making those introductions.
More importantly, the Clippers point to a 2019 league investigation involving similar introductions involving Leonard.
According to the team, that investigation ended without a penalty or finding of wrongdoing.
The Clippers now argue that the NBA is effectively attempting to punish the organization for conduct the league already knew about years ago—and for which no rule existed prohibiting it.
The letter calls that approach inconsistent with fundamental due process.
Clippers Also Defend Their Sponsors
The organization isn’t limiting its criticism to how the NBA treated the Clippers.
The letter alleges that the investigation also harmed third-party business partners, specifically naming Boingo Wireless, Daktronics and Lockton.
The Clippers claim some sponsors reported being threatened if they refused to provide information demanded by the NBA.
The organization also alleges that information provided by sponsors was disregarded when it didn’t support the league’s conclusions and that confidential business arrangements were included in the NBA’s public report without adequate consideration for confidentiality.
Those are serious allegations that could potentially become another major component of the Clippers’ legal challenge.
‘We Are Exploring Every Legal Remedy’
The Clippers aren’t backing down.
The letter concludes by accusing the NBA investigation of being flawed “from the outset” and calls Silver’s decision to release the report without notifying the Clippers or their attorneys beforehand “inexcusable.”
The final warning is unmistakable:
The Clippers say they are exploring every legal remedy available to them.
This is no longer simply an NBA investigation.
It’s shaping up to be a full-scale legal battle between one of the league’s richest owners and the NBA itself.
The Clippers have made their position clear: they believe the NBA changed the rules, changed its theory and reached a predetermined conclusion—and they intend to fight it.
