This is where the most interesting part of this story began. Zhenya, in principle, was ready to rush off to Pittsburgh even a year earlier, together with Ovechkin (and in the US they would have been happy to welcome them back in 2004, right after the draft, but, as you probably know, the 2004-05 season in the NHL was canceled due to the lockout). Malkin was persuaded to stay in Magnitogorsk for another year, with a promise to let him go at the end of the season, in the summer of 2006. The hockey player himself was so confident that the club management would keep its promise that even in the spring he declared publicly: "I think this year will be my last in the Russian Super League. I have a huge desire to go overseas and debut in the NHL in the 2006-07 season. We'll talk to Metallurg management about this in the summer."
In short, the talented young man was already eagerly trying on the Pittsburgh uniform, whose owner is the legendary Canadian Mario Lemieux, gradually gathering promising young players among the Penguins with an eye to the future. But at Magnitogorsk's Metallurg, which convincingly won the regular season of the Russian Super League and unexpectedly lost to Omsk's Avangard in the playoff semifinals, they decided otherwise. And the club's general director, Gennady Velichkin, began persuading Malkin to stay at Metallurg for another year. And then, they said, go to your Pittsburgh.
And he persuaded so convincingly that the hockey player somehow agreed to sign a new agreement. Evgeny still cannot clearly explain his action. He wanted so much for all parties to be satisfied in the event of his move to the US that, most likely, he simply could not give a firm rebuff to Velichkin, was too shy to offend someone. Or maybe he just couldn't overcome himself. After all, he was dealing with a man who was the supreme authority in the club. Authority, you know, was pressuring...
Later, a few days after signing the contract, when Malkin had fled from Metallurg's training camp in Finland and flown to America, he shared details with a correspondent of the Russian newspaper Sport-Express: "The first time I called my agent J.P. Barry (a representative of the agency firm CAA Hockey) was before I started negotiations with Magnitka. He said, 'Don't sign a contract with them under any circumstances,' and I agreed. But then it turned out that I signed the contract anyway. At three in the morning. And the next morning I called Barry and asked him to help me leave for the US. Why did I sign the contract if I didn't intend to? I signed because I was under a lot of pressure. I kept explaining to them that I wanted to go to the NHL, that I needed to grow as a player, that I had promised Pittsburgh... But no one wanted to listen to me. They pushed their arguments, talked a lot about how they were pursuing some kind of policy with the NHL related to a new agreement, and that they needed to put pressure on the Americans. That's how it was. They had their politics, and what about me, none of them cared. So I got offended at Velichkin. You can't treat people like that, you can't force them to sign contracts at three in the morning. And in general... You see, that year they promised to let me go after a season. They promised! And then – politics. So it turns out they don't have to keep their word?"
In Magnitogorsk they weren't letting Malkin go to the US for no reason. The fact is that Russia is the only European country that has not signed a collective agreement with the NHL. The Russians were not satisfied with the Americans' terms. They were ready to pay $200,000 for any hockey player moving to the League – whether for a star of Ovechkin's caliber or a player ten times less skilled. All of Europe liked this approach, because previously Czechs, Swedes, or Finns didn't get any money at all, but Russian clubs wanted much more for training their talents and to negotiate directly with NHL clubs.
But those couldn't care less about complaints from overseas, as they worked according to the existing agreement, and since the Russians hadn't signed it, they didn't even get the $200,000. On what basis should they pay? And in Russia there is no law on professional sports. All labor relations, if you delve into the legal subtleties, are regulated by the Labor Code. And according to this code, a hockey player has the same rights as a plumber – that is, he can quit at any time of his own free will. And that's that. No court in the world, having such documents in hand, would force an NHL club to pay any compensation to the Russians. For what? For a hired worker? Then tomorrow you'd have to force one bank to pay another for the transfer of a clerk or manager. Chaos would ensue.
In other words, greed got the better of them. Although the Russians were warned that they would end up with nothing if they didn't agree to compensation of $200,000. Velichkin, however, wanted seventeen times more for Malkin – $3.5 million – and thus kept delaying the farewell with the young star. He hoped that the new head of Russian hockey, Vladislav Tretyak, would manage to negotiate directly with the NHL. But they couldn't buy time.
Although the general director of Metallurg did practically everything in his power. After all, he couldn't, having signed a contract with Malkin until May 1, 2007, put him in a cell to prevent the possibility of escape. So it turned out that as soon as an opportunity to run away appeared, the hockey player took advantage of it.
Evgeny's agent – the same J.P. Barry – almost immediately learned about the details of signing the contract with Malkin and considered that it was imposed under conditions of psychological pressure. And that, under American laws, makes the contract invalid. Was there actually pressure? Judge for yourself, and we will provide you with a brief chronology of events as told by the young hockey player.
So, first Malkin had a conversation with club president Viktor Rashnikov, whom he found the strength and opportunity to refuse. Rashnikov immediately said the issue had to be resolved right then and there, and the decision would be final. So he accepted the refusal intelligently. But then Velichkin took control of the situation. The negotiations smoothly moved to the Malkins' apartment, where Velichkin's assistant Kupriyanov was also present, as well as another agent of the hockey player, Ushakov. The whole company arrived at Evgeny's home closer to midnight, and Velichkin immediately began pressuring the guy's mother. Like, influence your son, he must sign the contract for the sake of the national team, for the club that raised him, for the contract with the NHL. Malkin's own opinion did not interest the guests at that moment, and they simply shut him up. Supposedly, you can't get away from a submarine…
In the end, the parents suggested returning to the conversation the next day. But Velichkin was not going to leave the apartment without the hockey player's signature. And when his mother hinted that it was late, the general director asked point-blank: "Are you going to kick us out of the house?" Malkin himself says that at that moment he realized further resistance was useless. These people would sit in their apartment for a week or two, if necessary, until they got what they wanted. "I realized that trying to explain anything was useless. Because sooner or later they would force us to sign the contract. Of course, it's hard to understand how I, having finally decided to leave Metallurg, made the situation worse with my own signature. It's hard to explain, but I signed the contract because I wanted to stop this pressure and didn't want it to continue every day. I needed to train, prepare for the season, not argue endlessly. When I suggested resolving all issues with Pittsburgh amicably, the director replied that it wouldn't work out peacefully: 'Either they pay us two million, or you stay, or court. But we'll win the court, and you'll end up nowhere.'
In short, they squeezed a signature out of the guy, but his decision still didn't change. And his escape from Metallurg's camp is like a story from James Bond's life.
To resign from the Magnitogorsk club according to the Labor Code in force in Russia, Malkin only needed to write a resignation letter. But Velichkin dealt with the first such paper very simply—he threw it away. So the second time, Evgeny didn't bother going to the general director, sparing his personal time, while his agents were developing a cunning plan. The hockey player's passport remained in Velichkin's hands, so there was no point in thinking about escape. But when it came to traveling abroad, everything fell into place.
Metallurg was going to Finland for a training camp. When crossing the border, naturally, the passport was supposed to be returned to Malkin, who was advised that it would be best to escape first and then inform the club of his desire to leave. And as soon as the hockey player was at Helsinki airport and the team was going through passport control, Evgeny approached an agent with Finnish assistants, and taking advantage of the usual commotion, they left the airport, got into a minibus, and went to a pre-rented apartment in the Finnish capital. At that time, the US Embassy in Helsinki was already in full swing processing Malkin's visa. The process started, and the flywheel spun so fast that Metallurg's management didn't even have time to open their mouths. The visa was obtained on the third day of the Russian talent's stay in Finland, largely thanks to the preliminary work done.
In the States, the hockey player was taken to California, put up in a hotel, given the opportunity to train, stay in shape, and gradually adjust to the new place—learn the language (it turns out the guy, when planning to go to the US, didn't particularly favor English), get used to the pace of life, customs, and gradually recover from what he had been through. And already in early October, Evgeny stepped onto the ice and immediately started showing fantastic hockey. He began scoring from his very first game and even almost set a new NHL record for the longest scoring streak to start a career…
The hearing of the "Malkin case" took place on November 15 in the federal court of Manhattan. The overseas Themis ruled that Malkin had every right to play for Pittsburgh (as well as Taratukhin and Mikhnov, who were under the same accusation). Judge Loretta Preska, in particular, noted that in accordance with the labor legislation of the Russian Federation, any employee can resign two weeks after notifying the enterprise or organization where they work. By notifying his club, Malkin thus acted within the framework of Russian law. This means that Metallurg will not receive compensation in the amount of $3.5 million.
In general, it was once again proven what was already clear to everyone: any Russian hockey player can leave for the NHL whenever they want. It is practically impossible for Russians to win in an American court. Sports legislation differs too much. Perhaps the situation will change with the adoption in Russia of a new law on physical culture and sports, which will clearly define the norms of relations between clubs and players. True, Metallurg's lawyer Alexander Berkovich believes that "the court has so far denied our preliminary request" for an injunction preventing Malkin from playing for Pittsburgh. He will consult with his clients about further plans and, it is possible, will continue the litigation. But, apparently, Malkin will play out the season for Pittsburgh without any problems.