Memorabilia seller and sports media technologist Eric Inselberg is suing the New York Giants, the team whose stadium is hosting this Sunday’s Super Bowl, in a RICO civil lawsuit alleging that employees falsely represented jerseys as “game-worn.” the case could spawn class action lawsuits regarding the allegedly illegal activity.
Inselberg names as defendants the New York Giants, President John K. Mara, Senior Vice President and General Counsel William J. Heller, Assistant Equipment Managers Joseph and Edward Skiba as well as two-time Super Bowl MVP and quarterback Eli Manning.
In the world of sports memorabilia, game-worn apparel is worth more because there are limited opportunities for players to wear jerseys, helmets and more. That is especially true in the NFL, where there are 16 games in the regular season. Sellers of these products must establish a “chain of custody” from team employees to themselves to maintain the value.
Since 2001, the complaint alleges that Inselberg obtained these higher-priced jerseys and other equipment from the Skibas, and the organization was reportedly aware no later than 2006 when the man submitted paperwork regarding the transactions to Mara. In 2010, a museum for the team included items that he says he obtained on their behalf. By then, he was already part of a probe by the Federal Bureau of Investigation.
They were seeking to figure out whether or not he “may have sold game-issued or authentic jerseys to other memorabilia traders that were ultimately sold-fraudulently-as game-worn.” The difference is that players have several jerseys available for each game issued to them, but only switch if there is a tear or other malfunction, according to the New York Giants jersey fraud lawsuit.
Several New York Giants employees allegedly perjured themselves, according to the RICO lawsuit, including the Skibas’ boss, where they all disavowed working with Inselberg in spite of a reported relationship of many years. Joe Skiba himself said he never sold or provided anything, in spite of the paper trail noted above and found in the complaint. In contrast, Inselberg says he received no less than 275 game-worn jerseys each year.
A RICO, or Racketeer Influenced and Corrupt Organizations Act, case can be brought in civil or criminal court. However, it must establish a connection between a senior leader and the illegal actions of an employee. The alleged perjury by the Skibas before a federal grand jury was reportedly ordered by General Counsel William J. Heller. Further, it is alleged that employees were directed to “intentionally damage multiple Giants jerseys” to make them seem game-worn jerseys. Inselberg says Eli Manning also directed Joe Skiba to mar a helmet for the same effect.
The pattern of activity is required to support the naming of the senior executives as defendants, however the full list of counts is extensive, including tortious interference with contractual relations, trade libel, unjust enrichment, breach of contract in addition to the others required for the RICO violation.
If the New York Giants jersey fraud lawsuit continues there is a possibility that it could support future class action lawsuits over sport memorabilia. Not only would the evidence support potential complaints by buyers of allegedly game-worn Giants jerseys and helmets, but also vendors besides Inselberg. The RICO lawsuit alludes to this, seeking “an order of restitution for the identifiable non-party victims of defendants’ fraud, enabling such victims to the return of moneys or property unlawfully obtained from them, directly or indirectly, by defendants[.]”
The lawyers for the plaintiff are Brian C. Brook of Clinton Brook & Peed and Michael S. Kasanoff.
The New York Giants Jersey Fraud Lawsuit is Eric Inselberg v. New York Football Giants Inc., et al., New Jersey Superior Court for Bergen County. The case number is currently unavailable.
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