An attorney for four dozen former Washington Commanders employees wrote a letter to the commissioner of the National Football League on Tuesday, raising concerns that the league violated a confidentiality promise made to her clients.
The Washington, D.C., lawyer cited a report from last week that said the Commanders' lawyers used an inquiry from an NFL investigator to create a list of enemies.
"If true, this was in clear violation of a very specific promise the NFL made to our clients, through Ms. Wilkinson and her team, that witness names would be kept confidential and not shared with Mr.
The banks threatened to file a lawsuit against the league. "If true, the tip sheet allegation is not only morally reprehensible, but it also provides the basis for us to take legal action against the NFL, which we will do given the serious harm caused to our clients by their reliance on the NFL's," Banks wrote.
Banks requested a meeting with the commissioner to discuss the "tip sheet" allegation.
If you ignore our request, we will assume that the reporting by Mr. Van Natta is true and we will move forward with formal legal action on behalf of our clients.
During testimony before a Congressional committee in June, he said that he didn't ask for a written investigative report to protect the women's anonymity because he didn't want them to know.
The team put in place the policies and processes to reform that workplace, all while preserving the confidentiality of those who participated in the investigation.
The anonymity of her clients was used to justify the decision to not release the investigative findings, but she discovered that the witness list was used by the league to investigate and harass her clients. Banks said that four of her clients were approached by private investigators and one of them was visited by a private investigator a day later. Banks said the investigators told her clients they were hired by Reed Smith.
It's upsetting that Roger Goodell claimed he couldn't release the report because he was protecting my clients' confidentiality, and now we know that he allowed the investigation's witness list to be used as a tip sheet.
Some of my clients would not have participated in the investigation if it weren't for that assurance. They were afraid of reprisals from Dan.
A request for comment was not immediately responded to.
The NFL and Commanders signed a "common interest agreement" in September of 2020 to share information about the Washington franchise's toxic workplace culture. The agreement states that the team and the league share common legal interests, and that the parties will continue to communicate with each other in relation to the investigation.
Nine days after the league took over the investigation from the team, the agreement was signed.
The final report of her findings was not made public. On July 1, 2021, she made an oral presentation to the man who fined him $10 million and said that he would step away from the day-to- day running of his team.
Banks sent an email to Lisa Friel, the NFL's special counsel for investigations, complaining that her clients were being harassed by private investigators.
After the NFL revealed witness names, several of our clients were harassed by private investigators, some were publicly disparaged and/or removed from team alumni groups, at least one who was still working for the team was terminated.
Banks said in an interview that no one believed that Roger Goodell didn't release the report because he cared about confidentiality. Mary Jo White's report will be made public just as reports are written to protect the identity of individuals.
White, a former SEC chairwoman, is currently investigating allegations that a man sexually harassed two women.
John Brownlee, one of the lawyers for the team, was asked on a Washington radio station why they don't "dissolve the common interest agreement."
Roger told Congress there was no report. He told congress that he did not want a written report. He wanted the findings presented to him in a meeting. He wanted people to feel like they could come in, speak freely to Beth, and not have a report out there that reveals their identity.
Brownlee said that former Commanders employees who have testified before a Congressional Roundtable and spoken out publicly were free to do that.
He said that there is no report to be released by the team and the owner.
The agreement between the league and the owner gave him the power to release any findings, according to Banks. The reason that was given was ridiculous. Reports are written and produced frequently.
These reports are done that way. Mary Jo White will do her report that way. They didn't do it here because they were trying to protect confidentiality, but because they were trying to protect the person.
The "common interest agreement" has always troubled senior executives and some owners due to the fact that it helped the league monitor and control the Wilkinson investigation, according to a senior team executive who spoke on the condition of anonymity.
The common interest agreement is the main exposure for the league according to a team executive. The main weakness of the league is it.
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