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Thursday, December 12, 2013

Deadspin: MLB’s Biogenesis documents are so, so dirty.

Boca Raton police announced the arrest of Reginald St. Fleur, a tanning salon worker with a criminal record. He’s an occasional associate of both Fischer, the former Biogenesis employee, and Gary Jones, the man who sold the clinic records to MLB. The exact path of those documents, which MLB used to pressure a dozen players into copping pleas and amounts to the bulk of the evidence against Alex Rodriguez, isn’t precisely known, but there are only two possibilities: a criminal conspiracy, or a different type of criminal conspiracy.

Here’s what we know. MLB, through an investigator, had been unsuccessfully negotiating with Fischer to purchase the documents he took from Tony Bosch after a dispute over money. On March 25th, they were scheduled to be handed over to the Florida Department of Health for its investigation into Bosch and Biogenesis. On March 24th, Fischer met Jones at a Boca Raton tanning salon. While the two met, Fischer’s car was broken into and the documents stolen. On April 16th, MLB purchased the documents from Jones for $25,000. (On top of an additional $100,000 for an earlier set of documents. Also, without the evidence, the health department’s case against Bosch collapsed.)

Any of our motley collection of lawyers know about the admissibility of stolen evidence in arb hearings? And if I were an ambitious DA in south Florida I’d be revving up a grand jury to look into MLB’s role in the theft.

The Clarence Thomas of BBTF (scott) Posted: December 12, 2013 at 02:03 PM | 53 comment(s) Login to Bookmark
  Tags: a-rod

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   1. The Clarence Thomas of BBTF (scott) Posted: December 12, 2013 at 06:14 PM (#4617052)
I'd imagine that they're still admissible, or whatever the corresponding status in arbitration discussions are considered, but I'd imagine A-Rod's team will have a field day attacking their sourcing and credibility.
   2. John Northey Posted: December 12, 2013 at 06:34 PM (#4617064)
Shouldn't MLB be charged with interfering in a criminal investigation? I mean, sheesh, buying documents that the gov't was trying to acquire should be a big red flag shouldn't it?
   3. Bob Tufts Posted: December 12, 2013 at 06:42 PM (#4617069)
Exactly, John. MLB can do what it wants with A-Rod and punish him for supposedly impeding their Biogenesis investigation, but what will/should happen to MLB for interfering with a Florida state investigation?

This is not a turf war between feds and local cops as played out on "Law and Order" - this is a private corporation effectively destroying a legal case being pursued by state authorities.

Priorities. Our warped view of them as it relates to sports is astounding.
   4. Ray (RDP) Posted: December 12, 2013 at 07:25 PM (#4617102)
I'd imagine that they're still admissible, or whatever the corresponding status in arbitration discussions are considered, but I'd imagine A-Rod's team will have a field day attacking their sourcing and credibility.


I believe that the documents are still admissible in the arbitration hearing. But the arbitrator may be interested in an unclean hands argument, namely, that MLB is asking for some massive number of games based in no small part on "obstruction" by ARod, but meanwhile MLB engaged in dirty/worse tactics themselves to get this evidence.
   5. ptodd Posted: December 12, 2013 at 08:12 PM (#4617125)
MLB Teams provide a significant amount of revenues to FL economy in ST, I suspect they have the clout to keep the hounds off.

In a sense, Fischer was not the rightful owner of the documents, he stole them from his employer (Bosch). MLB was in a sense representing Bosch, although it took a frivolous law suit and an offer to protect him from prosecution to do this. I guess MLB could argue they were acquiring the documents for their rightful owner and he gave them to them after they acquired them. However, if they were involved in the theft, and knew the documents were destined for authorities as part of an investigations, there would seem to be obstruction. Not a lawyer though.

I sometimes wonder if MLB's main reason for acquiring the documents was not just to throw the book at Arod and others, but to protect players who were not leaked to the media. Players who might have been cost controlled stars, or whose numbers would call into question the validity of the testing program and get Congress involved again.
   6. Bob Tufts Posted: December 12, 2013 at 08:32 PM (#4617141)
Why is MLB now fighting in court to get ARod's PR guy to testify? If they do, it re-opens the matter and will allow the document theft issue to be dragged in front of the arbitrator. ...and perhaps allow ARod's legal team to finally get Selig to appear as a witness?

Why is MLB going Steinbrenner/Howie Spira with this?
   7. cmd600 Posted: December 12, 2013 at 08:33 PM (#4617143)
I sometimes wonder if MLB's main reason for acquiring the documents was not just to throw the book at Arod and others, but to protect players who were not leaked to the media. Players who might have been cost controlled stars


Just one name, but Everth Cabrera. Not a huge name, but an all star in 2013 in his first arb year. If MLB was trying to project cost controlled stars, you'd think he wouldn't be busted.
   8. What did Billy Ripken have against ElRoy Face? Posted: December 12, 2013 at 08:38 PM (#4617147)
MLB Teams provide a significant amount of revenues to FL economy in ST,


...in the regular season, not so much.
   9. Yastrzemski in left. Posted: December 12, 2013 at 11:15 PM (#4617214)
These records seem to have proven authentic and accurate. For everyone but Arod of course.
   10. Publius Publicola Posted: December 12, 2013 at 11:21 PM (#4617219)
Why is MLB going Steinbrenner/Howie Spira with this?


Because A-Rod chose to go Steinbrenner/Howie Spira with it.
   11. Walt Davis Posted: December 13, 2013 at 01:28 AM (#4617267)
These records seem to have proven authentic and accurate.

These records haven't been challenged by anybody but ARod so they haven't been proven anything. Whether other players realized the sleazy way in which these records were obtained.

Surely people here are not comfortable with the following:

You visit a clinic, possibly for embarrassing reasons (nefarious or otherwise)
A disgruntled investor steals documents from this clinic that happen to have some details about your treatment
Your employer tries to purchase these documents from the disgruntled investor, unsuccessfully
These documents are stolen from the disgruntled investor
Shortly thereafter, your employer purchases these documents from the person the disgruntled investor was talking to at the time of the theft
Your employer sues another potential witness against you in an effort to gain his cooperation
In exchange for a substantial amount of money (for "security" and other "expenses) and dropping the lawsuit, this potential witness agrees to testify against you
Your employer attempts to fire/suspend you

Anybody who doesn't have a problem with MLB's behavior in this is ... warped.
   12. Jim (jimmuscomp) Posted: December 13, 2013 at 02:48 AM (#4617278)
Walt is spot on here.
   13. The John Wetland Memorial Death (CoB) Posted: December 13, 2013 at 03:05 AM (#4617280)
Anybody who doesn't have a problem with MLB's behavior in this is ... warped.


Regardless of how little you think of Alex ... this.
   14. dlf Posted: December 13, 2013 at 09:14 AM (#4617309)
Why is MLB now fighting in court to get ARod's PR guy to testify? If they do, it re-opens the matter and will allow the document theft issue to be dragged in front of the arbitrator. ...and perhaps allow ARod's legal team to finally get Selig to appear as a witness?


My understanding is that the chain of custody / authenticity of these documents, including the theft, is already in evidence before Horowitz. The only news here is the identity of the thief.
   15. Bitter Mouse Posted: December 13, 2013 at 09:34 AM (#4617317)
Regarding #11.

If it was the plot of a movie no one would believe anything so stupid. So again real life is stranger than fiction, because fiction has to be believable.

But I think MLB is just horsing around with Arod. Well not really but I wanted an equine joke somewhere darn it.
   16. Bob Tufts Posted: December 13, 2013 at 12:53 PM (#4617481)
Bud Selig really wants to wake up with ARod's severed head in his bed.
   17. The District Attorney Posted: December 13, 2013 at 02:07 PM (#4617543)
Biogenesis refridgeamater so, so messy.
   18. Gonfalon B. Posted: December 13, 2013 at 03:21 PM (#4617604)
A man in Bud Selig's position can't afford to be made to look ridiculous.
   19. base ball chick Posted: December 13, 2013 at 05:24 PM (#4617701)
first of all the documents are NOT all correct - if all yall recall, gio gonzalez was named, and somehow was able to prove, at least to the satisaction of bud selig, his innocence

bud was and is after alex rodriguez and i do not know if the documents, which have gone through many hands, are falsified or not. i have zero reason to believe anything bud selig says, including "and" and "the"
bud didn't hesitate to interfere with and disrupt criminal procedings by the feds/state of fllorida and no one is caring about HIS criminal behavior with purchased stolen "testimony" and the fact that he blackmailed someone into testifying the way he wanted
   20. Ron J2 Posted: December 13, 2013 at 05:39 PM (#4617708)
#4 One key piece of evidence against Pete Rose (the so-called betting slips) was similarly problematic. Mind you, because Rose wasn't a member of the PA, he wouldn't have gotten an independent arbitrator and it was pretty clear that Giammatti had no problems with using something stolen from Rose as evidence against him.

   21. Ray (RDP) Posted: December 13, 2013 at 06:14 PM (#4617716)
Yeah, Ron, there are differences, as you note, which seem to favor ARod. That said, I'm not arguing that Horowitz would care about such unclean hands argument, necessarily, just that he may. (Or may not. Tee hee.)

But I think it's important here, because MLB is apparently asking the arbitrator to give them wide discretion per the general CBA to levy a massive suspension against him built off of something that is not laid out in the specifically bargained for provisions of the JDA. And I think an arbitrator might put the brakes on that, given that MLB has engaged in tactics far more dirty than anything ARod engaged in (at least from what we know), and that MLB's actions look to have actually interfered with government investigations.

To be clear, I'm just suggesting the arbitrator may be interested in this. I'm far from confident that he will actually be.
   22. Yastrzemski in left. Posted: December 13, 2013 at 08:50 PM (#4617745)
Were these records challenged by Ryan Braun? Or Cruz, E .Cabrera, M. Cabrera? Peralta? Etc… Gio's report had no ILLEGAL substances on it, thus he walked.

So, indeed. I guess AROD is the only guy who never took illegal substances, even though he used to, but only for a little while.

Give. Me. A. Break.
   23. Publius Publicola Posted: December 13, 2013 at 09:07 PM (#4617750)
You visit a clinic, possibly for embarrassing reasons (nefarious or otherwise)


Correction. It wasn't a clinic. It was a crackhouse.
   24. Publius Publicola Posted: December 13, 2013 at 09:08 PM (#4617751)
Bud Selig really wants to wake up with ARod's severed head in his bed.


You say that as though it's a bad thing.
   25. Edmundo got dem ol' Kozma blues again mama Posted: December 13, 2013 at 09:11 PM (#4617752)
Gio's report had no ILLEGAL substances on it, thus he walked.

So, indeed. I guess AROD is the only guy who never took illegal substances,


Huh?
   26. Yastrzemski in left. Posted: December 13, 2013 at 09:26 PM (#4617754)
OK, Edmundo, I'll dumb it down for you… Gio and Arod were the only ones to protest the biogenesis reports. Gio's had no illegal substances on it. So he walked. (So you could argue Gio didn't dispute their validity either, since he used their content to prove his own "innocence")

All the others, including the Centaur, had illegal substances on the report.

But Arod is the only one claiming he's innocent, being railroaded and as I said, I guess is the only one accused in these reports who never actually took them.

You believe him, don't you?
   27. The Clarence Thomas of BBTF (scott) Posted: December 13, 2013 at 09:34 PM (#4617756)
I can think A-rod used steroids and still think that what MLB has done appears to be much worse. Just look at Walt's #11.
   28. depletion Posted: December 13, 2013 at 09:35 PM (#4617757)
Deadspin: MLB’s Biogenesis documents are so, so dirty.

Ed McMahon: How dirty are they?
   29. Yastrzemski in left. Posted: December 13, 2013 at 09:58 PM (#4617761)
Yes, you can, Scott. It's a free world. And I am no fan of Bud Selig either. But however "dirty" those reports - they are accurate.
   30. Tippecanoe Posted: December 13, 2013 at 11:24 PM (#4617781)
Let's dumb it down for Yaz: Rodriguez was given 211 games, not 50. Hence the arbitrator.
   31. Edmundo got dem ol' Kozma blues again mama Posted: December 13, 2013 at 11:44 PM (#4617789)
26, you didn't dumb it down, you wrote something understandable the second time around.

I have no reason to believe ARod. I have no reason to believe that the commissioner is acting in the best interests of baseball, either.
   32. Publius Publicola Posted: December 13, 2013 at 11:51 PM (#4617791)
I don't know. A-Rod is not a media darling and the fans, even his own fans, dislike him. If making A-Rod a scapegoat and an example discourages further roiding, that is good for the game.
   33. Ray (RDP) Posted: December 13, 2013 at 11:55 PM (#4617792)
OK, Edmundo, I'll dumb it down for you… Gio and Arod were the only ones to protest the biogenesis reports. Gio's had no illegal substances on it. So he walked. (So you could argue Gio didn't dispute their validity either, since he used their content to prove his own "innocence")

All the others, including the Centaur, had illegal substances on the report.

But Arod is the only one claiming he's innocent, being railroaded and as I said, I guess is the only one accused in these reports who never actually took them.

You believe him, don't you?


Unlike with the Clemens case where I believed Clemens over McNamee (not that I was certain of anything but if I had to bet I'd take Clemens), I don't have a party here (ARod or Bosch) that I believe more. Why? Because we really don't know what the evidence is. Contrast that with the Clemens situation where we knew exactly what the evidence was.

So I don't "believe" or "not believe" ARod; I have no way to judge it. I actually would bet that ARod used, if I had to make a WAG. But here's the thing: Even if everything you say above is true, what is the justification for giving ARod 211 games while the rest of them got 50-65? That's the real problem with all of this. You're completely missing that issue.

So it makes no sense to say "Oh, all the others didn't contest that they were guilty." (Except for the one who did, I guess.) None of the others were slammed with 211 games (apparently after being threatened with a lifetime ban). So this argument is a bit disingenuous. Give ARod 50-65 games and maybe he takes it. Give Braun or Cruz or Peralta 211 games and maybe they don't.

   34. The Clarence Thomas of BBTF (scott) Posted: December 14, 2013 at 12:02 AM (#4617796)
Yeah, if A-rod had been slapped with a 50 game penalty, I highly doubt he goes to arbitration. And I think it's huge overreach on MLBs part.
   35. Randy Jones Posted: December 14, 2013 at 12:07 AM (#4617799)
Let's be clear, Yastrzemski in left and kevin don't give a #### about what is right or appropriate or fair in this situation. They just hate ARod and the Yankees so anything that is bad or embarrassing for ARod and/or the Yankees is good in their view. It's not worth discussing with them.
   36. Ray (RDP) Posted: December 14, 2013 at 12:15 AM (#4617803)
I don't know. A-Rod is not a media darling and the fans, even his own fans, dislike him. If making A-Rod a scapegoat and an example discourages further roiding, that is good for the game.


Why don't we pick a favorite pet issue and make you the "scapegoat" for it, at the expense of your career, reputation, and a ton of money?

Your comments are about as non-serious as any could be.

   37. Benji Gil Gamesh Rises Posted: December 14, 2013 at 12:33 AM (#4617810)
For what little this is worth: I often disagree with things RDP says on BTF, but I think his take here is spot-on.
   38. Yastrzemski in left. Posted: December 14, 2013 at 12:33 AM (#4617811)
Let's be clear Randy Jones had two great seasons. (And 8 rather forgettable ones)

I am commenting on the actual reports. That's it. Clearly, they are accurate.

Ray - If you're suggesting ARod would have accepted a 50 gamer like all the others you've been dating Lance Armstrong.

   39. Ray (RDP) Posted: December 14, 2013 at 12:34 AM (#4617812)
News:

Alex Rodriguez scored big in court on Friday when a federal judge dealt a huge blow to the 211-game doping suspension Major League Baseball hopes to slap on the embattled Yankees slugger.

Manhattan federal Judge Edgardo Ramos sided with A-Rod’s former PR maven, Michael Sitrick, granting him a stay. That stay gets “The Wizard of Spin” out of complying with the judge’s Nov. 22 order to honor an MLB subpoena and appear before the independent arbitrator who will determine the ban while Sitrick appeals the ruling to the Second Circuit Court of Appeals.

Ramos also vehemently rejected an MLB request to hold Sitrick in contempt of court and slap him with daily fines for wanting to appeal the order, which also requires the PR maven to turn over documents the league believes Rodriguez took from Anthony Bosch, owner of the now-shuttered Florida anti-aging clinic Biogenesis and baseball’s star witness in the appeal hearing.

“It would be unseemly and unruly to hold him in contempt while he pursues his public right to appeal,” Ramos said of Sitrick.

“I read the ruling and I think the judge got it right,” Rodriguez told The Post’s Kevin Kernan Friday from David Ortiz’s charity golf tournament in Punta Cana, Dominican Republic.

...

MLB badly wants Sitrick’s cooperation, because he could help confirm the league’s allegation Rodriguez obstructed baseball’s investigation into Biogenesis. The league asserted Sitrick or an underling leaked Biogenesis information about the Yankees’ Francisco Cervelli and the Brewers’ Ryan Braun to Yahoo! Sports, in an attempt to divert attention from Rodriguez.

The judge’s ruling is a huge blow to MLB’s case against Rodriguez because it’s unlikely the Second Circuit Court of Appeals would rule on the matter before the independent arbitrator, Fredric Horowitz, decides on the suspension as expected in early-to-mid January. In theory, the federal appeals panel could expedite the process, although such a move is rare.

...

Ganz also said the league initially thought it would have more time to deal with the matter, but was floored when Rodriguez’s lawyers moved to close the case after presenting two witnesses to the arbitrator, when they had initially promised to call “15 to 20 witnesses.”


I haven't been following this aspect of the case closely enough, but how does it help ARod to leak Cervelli's and Braun's names? "Divert attention from Rodriguez"? Does that make any sense?

Leaking their names, it seems to me, would only serve to blow the lid off of the investigation, thereby making it MORE likely that ARod is ultimately swept up in it. And in any event, I don't really see how leaking their names would be "obstruction"; it would seem to me that leaking their names may even have the opposite effect.


   40. Ray (RDP) Posted: December 14, 2013 at 12:39 AM (#4617815)
Ray - If you're suggesting ARod would have accepted a 50 gamer like all the others you've been dating Lance Armstrong.


You cannot discuss this issue seriously without understanding/acknowledging that the major issue here -- and the major difference from all the other cases -- is that ARod was given 211 games.

   41. Pasta-diving Jeter (jmac66) Posted: December 14, 2013 at 12:52 AM (#4617820)
plonk
   42. Gonfalon B. Posted: December 14, 2013 at 01:09 AM (#4617824)
I'm against the lawbreaking side who believed the ends would justify the means. I'm rooting for the lawbreaking side who believed the ends would justify the means.
   43. toratoratora Posted: December 14, 2013 at 10:07 AM (#4617878)
They just hate ARod and the Yankees so anything that is bad or embarrassing for ARod and/or the Yankees is good in their view.

You say this as if it's a bad thing
   44. GregD Posted: December 14, 2013 at 10:41 AM (#4617888)
Did the NY magazine piece on Chasing A-Rod get posted here a couple of weeks ago? I can't remember. It is pretty good about laying out the absurd characters involved in getting the docs to MLB.
   45. Publius Publicola Posted: December 14, 2013 at 12:05 PM (#4617937)
Why don't we pick a favorite pet issue and make you the "scapegoat" for it, at the expense of your career, reputation, and a ton of money?


Go ahead, counselor. Just remember that, as an attorney, you are an officer of the court.
   46. Publius Publicola Posted: December 14, 2013 at 12:12 PM (#4617944)
“I read the ruling and I think the judge got it right,” Rodriguez told The Post’s Kevin Kernan Friday from David Ortiz’s charity golf tournament in Punta Cana, Dominican Republic.


I like the objectivity that went into finding someone to quote.
   47. Commissioner Bud Black Beltre Hillman Posted: December 14, 2013 at 01:15 PM (#4617990)
Ray - If you're suggesting ARod would have accepted a 50 gamer like all the others you've been dating Lance Armstrong.
Take it to the Logan Morrison thread.
   48. KT's Pot Arb Posted: December 14, 2013 at 01:52 PM (#4618019)
Yes, you can, Scott. It's a free world. And I am no fan of Bud Selig either. But however "dirty" those reports - they are accurate.


And if you are right, A-Rod should be suspended. For 50 games.

The MLB threatened the other players with lengthy suspensions but gave them only minor increases over CBA allowed suspensions to induce them to settle. None of them had much motive to contest how the MLB got these documents.

A-Rod would clearly accept a 65 game suspension like Braun, the cost of an extra 15 games is a tiny fraction of what he's spending on legal fees and other costs. His advisors would tell him to take it in a heartbeat just to get him off the front pages. Selig wanted to make an example of A-Rod, so he's trying to fine him an extra $27M, and that's a huge motivation to fight this.
   49. Publius Publicola Posted: December 14, 2013 at 02:54 PM (#4618054)
And if you are right, A-Rod should be suspended. For 50 games.


The way Braun was handled has already established the precedent that the CBA agreement doesn't apply in the Biogenesis case.
   50. Yastrzemski in left. Posted: December 14, 2013 at 03:06 PM (#4618063)
Frankly, I wish ARod wasn't suspended at all. I absolutely adore the idea of the Yankees having to run him out there everyday. I also happen to think he's a liar on par with Lance Armstrong and has been using steroids since high school. I also believe that getting a positive steroid test should not prohibit a player from being elected to the HOF. Especially pre 2003 before MLB started testing.

2014 38 New York Yankees $25,000,000 $30m in marketing bonuses for HR milestones from 660 HR to 763HR
2015 39 New York Yankees $21,000,000 $30m in marketing bonuses for HR milestones from 660 HR to 763HR
2016 40 New York Yankees $20,000,000 $30m in marketing bonuses for HR milestones from 660 HR to 763HR
2017 41 New York Yankees $20,000,000
   51. Mess with the Meat, you get the Wad! Posted: December 14, 2013 at 08:37 PM (#4618151)
Kevin are you that stupid to think that bio genisis isnt covered under the jda? Because if it wasnt then baseball couldnt do a damn thing about it in the first place. Sonetimes it amazes me that you have managed to get through college but lack understanding
   52. Fancy Pants Handle doesn't need no water Posted: December 15, 2013 at 03:15 AM (#4618227)
The way Braun was handled has already established the precedent that the CBA agreement doesn't apply in the Biogenesis case.

By definition a settlement cannot establish precedent. That can only happen through a court ruling.
   53. dlf Posted: December 15, 2013 at 08:45 AM (#4618239)
#52 - It can under a CBA and usually does unless there is an express "no precedent" provision in the settlement. The theory is that the parties to both the settlement and the CBA are the same: union and management; the individual grievant is technically not a party. I would give very long odds that there was such a "no precedent" provision in the Braun case, but news reports that I've seen are silent and the default position is the converse.

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