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Criminal charges will not be filed against the Carolina Panthers in connection with the franchise’s tumultuous withdrawal from a botched crony capitalist deal with the state of South Carolina.
According to senior assistant deputy attorney general Creighton Waters, the Panthers’ aborted bid to locate their corporate headquarters and practice facility in the Palmetto State was an “unfortunate situation” – but investigators found “no criminal intent on the part of anyone involved” in the scuttled deal.
As such, “criminal charges are not warranted” against Panthers’ owner David Tepper – or against any of the entities involved in the boondoggle, which cost Palmetto State taxpayers tens of millions of dollars.
Waters – a leading prosecutor in the office of S.C. attorney general Alan Wilson – confirmed the state’s decision not to prosecute Tepper or his companies in a letter sent to the S.C. State Law Enforcement Division (SLED), which led the inquiry.
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Tepper, readers will recall, agreed to move the team’s corporate headquarters (and practice facility) to Rock Hill, S.C. in 2019, a deal hailed as the signature economic development achievement of S.C. governor Henry McMaster. The agreement ultimately collapsed, however, and in 2022 Tepper’s holding company filed for bankruptcy in Delaware.
My media outlet opposed that deal from the very beginning.
“This is a bad deal. Period,” I wrote in March of 2019. “South Carolina should pass on the Panthers … and tell Tepper that while he is welcome to locate in the Palmetto State, he is not going to get paid to bring (his team) here.”
The half-built facility was demolished last year – leaving a vacant 245-acre lot and a bunch of angry local politicians and developers. Shortly thereafter, the Panthers also pulled the plug on holding preseason practices in Spartanburg, S.C. – moving them to Charlotte, N.C. after twenty-eight years in the Palmetto State.
We reported on the launch of this investigation in December 2022. It revolved around allegations that Tepper was attempting to buy the silence of local government in the aftermath of the collapse of the deal.
York County was set to receive $21.17 million from Tepper’s companies related to its claims against them – however the receipt of this money appeared to be contingent upon the county’s lack of cooperation with investigators, per the terms of a draft settlement agreement obtained by this news outlet.
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Specifically, the county would have had to “irrevocably withdraw any prior compliant” alleging Tepper’s companies “engaged in any violation” of county statutes governing the disbursement of incentive money or “engaged in any other wrongdoing with respect to the county (investment),” according to the draft settlement.
Additionally, “in the event that the county or state commences a criminal proceeding … and such proceeding is based upon the voluntary aid or voluntary assistance of the county not required by South Carolina law, (Tepper’s companies) shall be entitled to liquidated damages in the amount of the settlement payment plus interest … plus the costs of enforcement,” the draft settlement noted.
How is that not obstruction of justice?
In his letter to prosecutors, Waters claimed his office “would not tolerate” such behavior – but proceeded to decline prosecution based on the “complexity” of the settlement agreements and “reasonable but differing positions that can be taken” regarding the effect of certain contractual language entered into between Tepper and the county.
“This office would find abhorrent, unenforceable and against obvious public policy for any person or company… to require as a condition of settlement that a governmental body or government officials refuse to cooperate with or provide truthful and accurate information to a law enforcement investigation,” Waters wrote. “While some of the language in the (agreement) raises this concern, (it) specifically recognized that no breach would occur from the county complying with South Carolina law and any applicable governmental investigation.”
“Further, the county and its officials fully cooperated with the investigation,” Waters added.
All’s well that ends well, apparently?
As for Tepper, he is onto his next attempted fleecing…
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THE LETTER…
(S.C. Attorney General’s Office)
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ABOUT THE AUTHOR …
Will Folks is the owner and founding editor of FITSNews. Prior to founding his own news outlet, he served as press secretary to the governor of South Carolina, bass guitarist in an alternative rock band and bouncer at a Columbia, S.C. dive bar. He lives in the Midlands region of the state with his wife and eight children.
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1 comment
It’s probably a situation where an elected official received a kickback of sorts and the powers that be don’t want that knowledge to come out during a trial.