Falcons could recoup $19.97 million from Vick

ATLANTA — An arbitrator made a key ruling Tuesday that clears the path for the Atlanta Falcons to recoup $19.97 million in bonuses from suspended quarterback Michael Vick.

"We are certainly pleased with today's ruling by NFL Special Master Stephen Burbank," the Falcons said in a release. "It is the first step in a process that our club has undertaken in an attempt to recoup significant salary-cap space that will allow us to continue to build our football team today and in future years."

The decision by Philadelphia-based Burbank broke from a previous ruling he made — one that involved former Falcons wideout Ashley Lelie and the Denver Broncos — that stated NFL teams could collect only signing-bonus money for players deemed to have breached their contract.

Burbank's ruling in the Vick-Falcons case said the Falcons are entitled to pursue the recovery of signing, option and roster bonuses because payments to Vick were not for money earned, as in the Lelie case, but for future services that can't be earned because the NFL has indefinitely suspended Vick.

Vick was punished by the league after pleading guilty to interstate dogfighting charges in August. Vick is awaiting sentencing Dec. 10 and faces up to five years in prison. Vick also is facing state charges in Virginia.

The Falcons are trying to recover bonus money from the 10-year, $130 million contract extension Vick signed after the 2004 season.

"We have reviewed the decision handed down by Special Master Stephen Burbank and believe it is incorrect," the NFL Players Association said in a statement. "We will now appeal his ruling to Judge (David) Doty in Minneapolis."

Should Doty reverse Burbank's decision, the case could be re-filed with new arguments. Falcons owner Arthur Blank, in an August news conference, said the franchise would aggressively pursue repayment.

If Doty upholds the ruling, the Falcons would then file for repayment with a non-injury grievance arbitrator. Despite Burbank's quick ruling after hearing arguments last Friday, a final outcome could take months.

Should the Falcons ultimately win the case, any money received from Vick would be credited to the team's salary cap the following year. The windfall of cap space the Falcons would receive if Vick were to reimburse full payment would provide the Falcons with enough money to pursue several front-line free agents.

The ramifications of this case could be profound, which is why the players' union immediately drew up papers to file an appeal of Burbank's decision.

Should the Falcons ultimately win this case, teams throughout the league could make use the same argument to recoup bonus money paid to players found to have violated terms of their contract. If Doty overturns Burbank's ruling, that would uphold the precedent in the Lelie case in which the only money Denver was able to recoup was the prorated portion of Lelie's signing bonus.

Steve Wyche writes for The Atlanta Journal-Constitution.