Tampering costs 49ers draft pick

The 49ers will forfeit their fifth-round draft pick as part of NFL commissioner Roger Goodell's ruling Monday that the club violated the league's anti-tampering policy.

In addition to losing a draft pick, the 49ers will switch third-round picks in the 2008 draft with the Chicago Bears. The 49ers now own the No. 75 overall selection, while the Bears will pick at No. 70.

Goodell determined the 49ers acted improperly during the season by contacting Drew Rosenhaus, the agent for Bears linebacker Lance Briggs, during the 2007 season without the Bears' permission.

"The 49ers organization respects commissioner Goodell's ruling today. However, we do disagree with it," 49ers general manager Scot McCloughan said in a statement. "This was not a malicious act; we believe that our intent was within the NFL guidelines. Going forward, we will take the necessary steps to ensure we are in compliance with the NFL's interpretation."

The only evidence presented against the 49ers during the hearing last week in New York was two "missed calls" to Rosenhaus, said one league source.

A league spokesman said the NFL would have no further comment on the matter.

Rosenhaus represents three 49ers: Frank Gore, Jason Hill and Moran Norris. Moreover, the 49ers had recently released another Rosenhaus client, Taylor Jacobs, in October -- the same month of the alleged tampering charge.

The 49ers and Bears reportedly held trade talks regarding Briggs in October. The trade never occurred, but the Bears complained to the league that the 49ers began negotiating with Briggs without their approval.

The 49ers showed no interest in signing Briggs when he became a free agent. Briggs re-signed with the Bears. He was asked why he did not garner much attention on the open market.

"There were certain things that happened," Briggs said earlier this month. "Obviously, you know, I mean, I thought San Francisco was going to be a place I was going to be."

On Feb. 28, McCloughan addressed the charges on a conference call with Bay Area reporters.

"I think it's maneuvering by an organization trying to find the best way to keep their guy," McCloughan said. "From our standpoint, there's nothing to it."

McCloughan, director of football operations Paraag Marathe and executive vice president of football operations Lal Heneghan took part in the hearing last week in New York. The Bears were represented by general manager Jerry Angelo, president Ted Phillips and general counsel Cliff Stein.

Goodell held a "detailed investigation and a hearing," the league said. Goodell noted that both the 49ers and Bears fully cooperated with his investigation and hearing.

This is the third draft in this decade the 49ers will have forfeited a draft pick. After agreeing to a "settlement" for alleged salary-cap infractions, the 49ers forfeited a fifth-round pick in 2001 and a third-round selection in 2002. As part of that settlement, the 49ers were also fined $300,000, while former club executives Carmen Policy and Dwight Clark were fined $400,000 and $200,000, respectively.

You can reach Staff Writer Matt Maiocco at 521-5492 or matt. maiocco@pressdemocrat.com.