You know what's NOT a circumvention of the salary cap? Paying a mediocre-caliber aging goalie an exorbitant amount of money, deciding he isn't worth it (though he's still capable of actually playing), knowing you can't afford "better players" if he stays on your payroll, so you dump him on some stupid Swiss team.
No, that's not a fucking circumvention at all.
"Oh shit, if we have this guy on our payroll, we'll actually have to PAY him the fucking money we INTENDED to when we signed him to this horseshit contract!"
"But MY GOD, if we buy him out, we're going to have to face a $1.875 million cap hit for two more years!"
"HOW THE FUCK CAN WE GET OUT OF THIS ONE!? I KNOW, LET'S FUCKING DUMP HIM IN SWITZERLAND! MWAHAHAHA."
Seriously?
It's getting around obligations that you made for the simple reason of "we don't want to pay you that much money, even though that's what we signed you to because we're stupid." Whoops. You got yourself in a jam of your own volition now you're trying to save your ass by dumping a perfectly able body on someone else.
As for Kovalchuk, I agree his contract was circumvention, but should've stood for two reasons: one is that the NHL allowed similar contracts through (though not as egregious), therefore setting a precedent that circumvention was more or less OK, depending on what team you are (coughChicago)
Number two was the arbiter's declaration (and assumption) that it was rare/impossible for him to play that long.
It's not impossible. He's in pretty good shape and not really injury prone. Playing that long is rare, yes, but your judgment can't be based on an assumption. There's no proof he can't play until he's 44 or even 50.
Seriously, what makes one think that Ilya Kovalchuk can't play til he's 44, but that Marian Hossa can play until age 43? Nearly $8 million a season for 7 more seasons, then a $4 million season, then four $1 million seasons? So if Kovalchuk's contract ended at age 43, it'd be OK? Where's the line?
Typical NHL. Picking and choosing, just like with discipline. If Kovalchuk was attempting to re-sign with a team like Pittsburgh or Chicago (hey, there's a team I haven't mentioned in this post at all yet), you could guarantee he could be offered a 50-year contract with ten straight $10 million seasons (but with a $1 million cap hit) and the NHL would be full of patronizing prasie of "EXCELLENT CAP MANAGEMENT GUYZ LOLOL".
Some teams are more equal than others.
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