When pointing out that the Patriots would have faced a much harsher punishment if they had committed the same infractions as the Falcons, some argue that the Patriots are repeat offenders. However, the Falcons are also repeat offenders and have received only minor penalties each time they’ve broken the rules in the past decade.
In 2015, the Falcons were caught using fake crowd noise during home games and only lost a 2016 fifth-round pick, were fined $350,000, and had Rich McKay suspended from the Competition Committee for three months. More recently, they were fined a 2025 fifth-round pick, $250,000, and G.M. Terry Fontenot was fined $50,000 for tampering with three players during the 52-hour negotiation window.
Meanwhile, the 49ers suffered a harsher penalty for a clerical error in their salary cap accounting. Despite the error having no competitive impact and the team remaining under the cap with no ill intent found, the 49ers lost a 2025 fifth-round pick and had their 2024 fourth-round pick downgraded by four spots for a $75,000 mistake.
Critics may argue that the Falcons’ infraction involved mere travel arrangements, but this conflicts with what Kirk Cousins said when he signed his contract. The severity of the Atlanta punishment depended on the quality of the investigation, the thoroughness of which remains unknown. This contrasts sharply with the zeal shown in the Patriots’ #Deflategate investigation.
There is a clear inconsistency in how the NFL applies its rules, making decisions based on the situation rather than precedent. The Falcons have received lenient treatment twice since 2015, whereas the 49ers were treated harshly for a minor clerical error earlier this year.