The Nets had known since early December – at the latest – that Philadelphia was a potential suitor for Harden, as SNY reported.
The reports of Philadelphia’s interest were stronger in the days before the trade. Earlier this week, The Athletic reported that Philadelphia strongly believed Harden wasn’t going to re-sign with the Nets.
The idea that the Sixers strongly believed Harden wasn’t going to re-sign with the Nets this summer led to conjecture that the Sixers may have tampered during the process.
Marks was asked on Friday if he felt the Sixers had tampered during the trade process.
“I think that’s, unfortunately, the world we live in right now, so much of this is being played out in the media. So much of this is, whether it’s scuttlebutt, hearsay, and so forth, it’s just the nature of the beast,” Marks said.
“It’s just the nature of the world we’re in. I’m not going to start making accusations at everybody else. Again, this particular set of circumstances was played out in the media far earlier than any conversations were ever had. I don’t know and again if this is where it ends up, that will be completely up to the league to look into these set of circumstances.”
According to the NBA Constitution, league commissioner Adam Silver can conduct an investigation into tampering on his discretion or based on allegations from another team.
It’s worth noting in this instance that, per a league source familiar with the dynamic, Nets and Sixers ownership have a "strong relationship" and Sixers GM Daryl Morey and Marks have "a very good personal and professional relationship."
Given that, it would be surprising if the Nets accused Philadelphia of tampering. Also, given the fact that the Nets voluntarily traded Harden, you’d think that they would be less concerned about any potential tampering.