Heatley sues former agent for embezzlement (Mod Edit: Phillips suing as well)
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08-19-2012, 01:26 PM
Join Date: Jul 2006
Based on what's being reported about the lawsuit, it looks like there are a couple different allegations being made.
The first part about Heatley getting bad advice about real estate investments with McAlpine's parents who were real estate brokers seems like Heatley would have a hard time proving. He willingly invested the money in these ventures and whether he was told they were "safe" or not doesn't change the fact that he should have known what he was getting into. I don't see how he can claim he was misled when common sense dictates that there is no guarantee when it comes to investing in real estate. I don't think you are able to sue based on bad advice.
The second part of the lawsuit pretty much alleges out and out fraud against McAlpine which if true, seems to be far more legit claim. There's an allegation that McAlpine made 4 separate unauthorized withdrawals from Heatley's personal bank account totalling $4 million (which McAlpine presumably had been provided a power of attorney for). A player giving his agent a power of attorney to do his banking just because he was too lazy or disinterested to find another way to pay his own bills and make financial decisions is the epitome of stupid but it isn't grounds for the agent to withdraw large sums for purposes unknown to the player. It also appears like Heatley is attempting to recover another $1.3 million from McAlpine that was supposedly invested in a 1 year term deposit in 2009 which according to McAlpine, would net Heatley a 6% return. Putting aside the fact that there would have been no investment vehicle on earth paying out a guaranteed 1 year 6% return at that time because of how low interest rates were, this looks like another piece of evidence that McAlpine was simply finding ways to bilk money out of Heatley to invest elsewhere for his own purposes.
With the reporting that's out there now, I would guess that Heatley probably will end up being awarded about half of what he's looking for. Whether McAlpine (who was decertified as an agent by the NHLPA a while ago) is good for it is another story.
McAlpine was also Chris Phillips' longtime agent who Phillips dumped about 18 months ago for JP Barrie (Alfie and Heatley's current agent) right before he re-signed his latest deal with the Sens. I'm guessing the stuff with Heatley is just the tip of iceberg for McAlpine.
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