Aspiration

The sentencing of Aspiration co-founder Joseph Sanberg to 14 years in federal prison on Monday brings the NBA a step closer to concluding its nine-month investigation into the Clippers allegedly circumventing the salary cap.

Sanberg pleaded guilty in October to federal charges of conspiring to bilk investors out of $248 million for portraying the now-defunct Aspiration as a “socially-conscious and sustainable banking services and investment products” firm.

The NBA has declined to comment on the status of the probe centered on $60 million invested in Aspiration by Clippers owner Steve Ballmer and the $28-million contract Clippers star Kawhi Leonard signed with Aspiration for endorsement and marketing work that he never delivered.

Players are allowed to have separate endorsement and other business deals, but at issue is whether the Clippers participated in arranging the side deal beyond simply introducing Aspiration executives to Leonard. Doing so would be a violation of Article 13 of the NBA collective bargaining agreement, punishable by a $4.5-million fine, the loss of a first-round draft pick and the voiding of Leonard’s contract.

The NBA draft takes place June 23-24 and the Clippers have three picks, including the fifth overall selection. The league is not expected to release its findings until after the NBA Finals, which begin Wednesday between the New York Knicks and San Antonio Spurs.

Clippers officials haven’t commented on the investigation. But Leonard, who has one year left on a three-year, $149.5-million contract that will pay him $50.3 million next season, told The Athletic after the Clippers’ season-ending game April 15 that “I think we’re going to be in the clear. I’m not stressing.”

Otherwise, among the few public comments about the investigation were letters submitted to federal court judge Stephen V. Wilson ahead of Sanberg’s sentencing by Ballmer and the law firm conducting the probe on behalf of the NBA.

The letter from Dave Anders of Wachtell Lipton stated that Sanberg provided documentation and information helpful to the NBA investigation during two in-person interviews.

“In all our dealings with Mr. Sanberg, both directly and through his counsel, he provided information that was consistent with our review of contemporaneous documents and other evidence,” Anders wrote. “Mr. Sanberg’s cooperation substantially assisted our investigation, including our ability to develop a more complete understanding of key events.”

Ballmer countered by asking Wilson for a stiff sentence in a five-page Victim Impact Statement posted on social media by his lawyer, David N. Kelley.

“Sanberg continues to exploit his fraud of Mr. Ballmer for his benefit, providing information to the NBA in return for a sentencing letter that the league submitted on his behalf,” Kelley wrote. “The reliability of Sanberg’s information is suspect given that he has pleaded guilty to federal fraud charges, and the government has made its own determination that he is not credible.”

Before handing down the sentence, Wilson made it clear that Sanberg’s credibility was questionable.

“He portrays himself as a do-gooder who was in business to help the world, but he did personally gain from his fraud,” Wilson said, later adding, “I would put the grade of his fraud at the zenith.”

Ballmer, a former longtime CEO of Microsoft who has owned the Clippers since 2014, accused Sanberg of targeting him for his well-known interest in environmental sustainability and exaggerating their relationship to convince others to invest in the fraudulent company. He said he met Sanberg only once.

Ballmer invested $50 million in Aspiration in September 2021. A month later, the Clippers announced a $300-million sponsorship deal with the company. Ballmer nearly granted Aspiration naming rights to the team’s new $2-billion venue as well, but instead chose financial services firm Intuit. Ballmer made an additional $10-million investment in Aspiration on March 9, 2023.

Ballmer was added in November as a defendant in a civil lawsuit against Sanberg and several others associated with Aspiration. Ballmer and the other defendants are accused by 11 investors in Aspiration of fraud and aiding and abetting fraud, with the plaintiffs seeking at least $50 million in damages.

Kelley contended that Ballmer was added as a defendant because of his “visibility and resources,” and portrayed the Clippers owner as a victim, saying “Mr. Ballmer’s losses are not measured solely, or even primarily, on a balance sheet. They are measured in the reputational damage that will take years to remediate, and in the chilling effect on future endeavors intended to do good.”

The lone public comment about the investigation from NBA Commissioner Adam Silver came during All-Star Weekend in February at the Intuit Dome when he described the issue as “enormously complex.”

“You have a company in bankruptcy, you have thousands of documents, multiple witnesses that needed to be interviewed,” Silver said.

The investigation was triggered by reports from podcaster Pablo Torre that Leonard’s sponsorship deal with Aspiration was to circumvent the salary cap. Torre and the staff of “Pablo Torre Finds Out” won a Pulitzer Prize for Audio Reporting for their efforts.

As many as a dozen letters — including one from the NBA — were submitted by the attorney for Aspiration Partners co-founder Joe Sanberg ahead of his sentencing Monday in an effort to persuade the judge to trim the 17 years prosecutors have requested for each of the two counts of fraud.

Sanberg pleaded guilty in October to the federal charges of conspiring to bilk investors out of $248 million for portraying the now-defunct Aspiration as a “socially-conscious and sustainable banking services and investment products” firm.

Another letter was also submitted, however, and it wasn’t intended to assist Sanberg.

Clippers owner Steve Ballmer’s attorney David N. Kelley of O’Melveny and Myers wrote that Ballmer was defrauded of a $60-million investment in Aspiration and that the harm to his reputation is “immeasurable.”

The five-page Victim Impact Statement concludes: “Mr. Ballmer’s losses are not measured solely, or even primarily, on a balance sheet. They are measured in the reputational damage that will take years to remediate, and in the chilling effect on future endeavors intended to do good at scale.

“We ask the court to impose a sentence that accounts for those harms, promotes respect for the law, and deters those who would seek to appropriate the reputations of others to advance fraudulent aims.”

The letter states that the Clippers lost out on a $300 million sponsorship agreement with Sanberg in exchange for the team to wear Aspiration jerseys patches. Also lost was about $20 million the Clippers paid for carbon offset purchases and the $60 million Ballmer invested in the company.

Ballmer, a former long-time CEO of Microsoft, accused Sanberg of targeting him for his well-known interest in environmental sustainability and exaggerating their relationship to convince others to invest in the fraudulent company. In the letter, Ballmer says he met Sanberg only once.

Ballmer was added in November as a defendant in an existing civil lawsuit against Sanberg and several others associated with Aspiration. Ballmer and the other defendants are accused by 11 investors in Aspiration of fraud and aiding and abetting fraud, with the plaintiffs seeking at least $50 million in damages.

The letter dismisses the allegations in the lawsuit as “nonsense,” stating Ballmer was added as a defendant because of his “visibility and resources,” and reiterates that Ballmer himself is a victim of fraud. The action has damaged his reputation, the letter states, “and has further linked Mr. Ballmer to Sanberg’s fraud in the eyes of the public.”

The letter to the court, however, makes no mention of the $28-million contract Clippers star Kawhi Leonard signed with Aspiration for endorsement and marketing work. Players are allowed to have separate endorsement and other business deals, but at issue is whether the Clippers participated in arranging the side deal beyond simply introducing Aspiration executives to Leonard.

Leonard has addressed the accusations only once, denying wrongdoing and saying, “I understand the full contract and services that I had to do. Like I said, I don’t deal with conspiracies or the click-bait analysts or journalism that’s going on.”

The arrangement could be considered circumventing the NBA salary cap, a serious violation of league rules. Ballmer steadfastly denies arranging the deal between Aspiration and Leonard, who by all accounts performed no duties for Aspiration.

The NBA is investigating the complicated relationships between Ballmer, Leonard and Aspiration. One of the letters submitted by Sanberg’s attorney to the judge is from the law firm conducting the probe, and it states that the disgraced executive provided documentation and information helpful to the NBA investigation during two in-person interviews.

“In all our dealings with Mr. Sanberg, both directly and through his counsel, he provided information that was consistent with our review of contemporaneous documents and other evidence,” wrote Dave Anders of Wachtell Lipton. “Mr. Sanberg’s cooperation substantially assisted our investigation, including our ability to develop a more complete understanding of key events.”

Eventually the ledger will include the results of the NBA investigation into the allegations against Ballmer and Leonard. And that finding might impact the reputation of both more than Sanberg’s fraudulent dealings.