NFL Draft: Tampering punishment on Tom Brady, Sean Payton cost Dolphins third-round pick

The Dolphins don't have a third-round pick in the 2024 NFL Draft, which is Thursday to Saturday in Detroit.

But why?

In August of 2022, the NFL stripped Miami of a first-round pick in 2023 and a third-round pick in 2024.

NFL commissioner Roger Goodell had ordered a six-month investigation covering events from 2019-2022 that was led by former U.S. Attorney and SEC Chair Mary Jo White.

The NFL took two picks from Miami Dolphins for tampering

The NFL determined that the investigation conclusively established violations of the league's anti-tampering policy on three separate occasions.

The tampering involved quarterback Tom Brady and coach Sean Payton, neither of whom came to Miami.

Goodell stated Miami's acts were "unprecedented scope and severity."

"I know of no prior instance of a team violating the prohibition on tampering with both a head coach and star player, to the potential detriment of multiple other clubs, over a period of several years," Goodell added. "Similarly, I know of no prior instance in which ownership was so directly involved in the violations."

How did the Dolphins tamper?

The NFL says that as early as 2019, Miami tampered with Brady, while he was under contract with the New England Patriots. Bruce Beal, who was in line to succeed Stephen Ross as Miami owner, allegedly conducted the contact.

The NFL says that during and after the 2021 season, Brady and his agent communicated with Ross and Beal. The talks centered around Brady becoming a partner and possible player. Brady was with the Bucs.

Nov 3, 2019; Miami Gardens, FL, USA; Miami Dolphins head coach Brian Flores (L) celebrates team vice chairman/partner Bruce Beal (C) and team owner Stephen Ross (R) after defeating the New York Jets at Hard Rock Stadium.
Nov 3, 2019; Miami Gardens, FL, USA; Miami Dolphins head coach Brian Flores (L) celebrates team vice chairman/partner Bruce Beal (C) and team owner Stephen Ross (R) after defeating the New York Jets at Hard Rock Stadium.

The NFL says that in January of 2022, before Mike McDaniel was hired, Miami had impermissible communications with Payton's agent, who happens to also be Brady's agent, about becoming head coach.

"With regards to tampering, I strongly disagree with the conclusions and punishment," Ross said in a statement in August of 2022.

Did the Dolphins tank in 2019?

The NFL investigated claims by former Miami coach Brian Flores that the organization wanted to intentionally lose games during the 2019 season to improve the club's draft position.

The investigation concluded that the Dolphins did not intentionally lose games during the 2019 season.

"The independent investigation cleared our organization of any issues related to tanking and all of Brian Flores' other allegations," Ross said in a statement in August of 2022.

But some in league circles believe Miami's harsh tampering penalty was connected to the league's feelings about the alleged tanking.

it was found that Ross expressed his belief that the Dolphins' position in the upcoming 2020 draft should take priority over the team's win-loss record.

Ross was also found to have made a comment related to "pay(ing) Coach Flores $100,000 to lose games." But different individuals had different recollections about the specifics of the remark and the league found it was a not "a serious offer."

What picks would the Dolphins have had in 2023 and 2024?

Because the Dolphins finished 9-8 and made the NFL Playoffs, the loss of a first-round pick in 2023 was not as devastating as it may have been.

In fact Miami used another 2023 first-round pick in a deal for edge rusher Bradley Chubb.

The Dolphins would have had the 21st pick last season. That pick was wide receiver Quentin Johnson of the Chargers, who had 431 receiving yards as a rookie.

In the range of Round 3, Pick 85 overall this year, ESPN grades edge Austin Booker (Kansas), cornerback Mike Sainristril (Michigan), receiver Jalen McMillan (Washington), tackle Christian Jones (Texas), linebacker Curtis Jacobs (Penn State) and receiver Ja'Lynn Polk (Washington).

The loss of a third-round pick this year, it could be argued, has been under-discussed.

Miami has never had an NFL Draft - dating back to its inception in 1966 - without a third- or fourth-round pick.

Barring a trade, Miami will have neither later this week.

Dolphins NFL draft picks: List of selections in 2024

  • Round 1, Pick 21

  • Round 2, Pick 55

  • Round 5, Pick 158

  • Round 6, Pick 184 (from Chicago)

  • Round 6, Pick 198

  • Round 7, Pick 241

Joe Schad is a journalist covering the Miami Dolphins and the NFL at The Palm Beach Post. You can reach him at jschad@pbpost.com and follow him on Instagram and on X @schadjoe. Sign up for Joe's free weekly Dolphins Pulse Newsletter. Help support our work by subscribing today.

This article originally appeared on Palm Beach Post: NFL Draft 2024 Miami Dolphins Brady, Payton tampering third round pick

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