The Mercury News

Congress alleges `shadow' probe by owner Snyder

- By Ben Nuckols

Washington Commanders owner Dan Snyder conducted a “shadow investigat­ion” that sought to discredit former employees making accusation­s of workplace sexual harassment, hired private investigat­ors to intimidate witnesses, and used an overseas lawsuit as a pretext to obtain phone records and emails, according to a document released by a House committee on Wednesday.

The Committee on Oversight and Reform is investigat­ing the Commanders' workplace culture following accusation­s of pervasive sexual harassment by team executives of women employees. It released the memo ahead of Wednesday's morning hearing at which NFL Commission­er Roger Goodell testified remotely.

Snyder was invited to testify but declined, citing overseas business commitment­s and concerns about due process. The committee chairwoman, Rep. Carolyn Maloney, D-N.Y., announced during the hearing that she plans to issue a subpoena to compel him to testify.

The 29-page memo alleges Snyder tried to discredit the people accusing him and other team executives of misconduct and also tried to influence an investigat­ion of the team by attorney Beth Wilkinson's firm.

Snyder's attorneys presented the NFL with a 100-slide PowerPoint presentati­on including “private text messages, emails, phone logs and call transcript­s, and social media posts from nearly 50 individual­s who Mr. Snyder apparently believed were involved in a conspiracy to disparage him,” the committee said.

In a statement, a spokesman for Snyder characteri­zed the report and the hearing as “a politicall­y charged show trial” and said Congress should not be investigat­ing “an issue a football team addressed years ago.”

Goodell told the committee that the team's culture has transforme­d as a result of the Wilkinson probe and that “Dan Snyder has been held accountabl­e.”

The NFL fined the team $10 million last year and Snyder stepped away from its day-to-day operations after Wilkinson presented her findings to Goodell. However, the league did not release a written report of Wilkinson's findings, a decision Goodell said was intended to protect the privacy of former employees who spoke to investigat­ors.

When announcing the discipline, the NFL said none of the people accused of sexual harassment still worked for the Washington franchise. But two separate accusation­s of sexual harassment by Snyder himself have since surfaced.

Former employee Tiffani Johnston told the committee that Snyder groped her at a team dinner and tried to force her into his limousine, which Snyder denies. And The Washington Post reported Tuesday that a woman accused Snyder of sexually assaulting her on a team plane in 2009, resulting in a $1.6 million settlement.

Johnston's allegation prompted the NFL to hire former Securities and Exchange Commission chairwoman Mary Jo White to conduct a new investigat­ion of Snyder and the team, and the league plans to release her findings to the public.

Maloney has introduced legislatio­n to curb the use of workplace nondisclos­ure agreements and to offer protection­s for employees whose profession­al images are used inappropri­ately. Among the accusation­s against the Commanders are that team employees produced a video of lewd outtakes from a photo shoot involving the cheerleadi­ng squad.

According to the memo, Snyder used a defamation lawsuit against an obscure online media company based in India as a pretext to subpoena emails, phone records and text messages from former employees who spoke to The Washington Post about workplace harassment. The subpoenas were unusually broad, and many of the people targeted “had no plausible connection” to the Indian media company, the committee said.

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