MLB Investigating a PED Pipeline in Florida

[soxhop411]

So who bought his own evidence and destroyed it? Braun, to weasel off the hook again?
 
Not sure I agree that this makes MLB stupid. It may hurt PR in the short term but at least it shows they care about more than just paying lip service to eliminating dangerous drug (ab)use, unlike the NFL where such stuff is completely unchecked and no one seems to care. Personally PED use doesn't especially bother me, but the sport has decided to police it so they may as well do so via all avenues.

My bet, is someone who has not been named yet. And who is afraid of his name being released

 

[Average Reds]

So who bought his own evidence and destroyed it? Braun, to weasel off the hook again?
 
Not sure I agree that this makes MLB stupid. It may hurt PR in the short term but at least it shows they care about more than just paying lip service to eliminating dangerous drug (ab)use, unlike the NFL where such stuff is completely unchecked and no one seems to care. Personally PED use doesn't especially bother me, but the sport has decided to police it so they may as well do so via all avenues.

 
Had a long post that I somehow wiped away, but let me try to summarize.
 
If MLB goes through a process that drags some of the biggest names in the game through the mud without following the most basic rules for gathering evidence, they are mind-blowingly stupid.
 
I'm not sure what the answer is.  I just know that purchasing evidence and intimidating fringe players and/or minor leaguers to the point where they flip is not a constructive way to clean up the game.

 

[Steve Dillard]

Had a long post that I somehow wiped away, but let me try to summarize.
 
If MLB goes through a process that drags some of the biggest names in the game through the mud without following the most basic rules for gathering evidence, they are mind-blowingly stupid.
 
I'm not sure what the answer is.  I just know that purchasing evidence and intimidating fringe players and/or minor leaguers to the point where they flip is not a constructive way to clean up the game.

 
The Commish can suspend a player based upon "just cause" which includes "non-analytic data."  The MLB doesn't need to follow the criminal "chain of evidence".  If players are paying to destroy evidence, the MLB can purchase to preserve and then authenticate as they do in civil cases.  "Do you recognize"  "Is this a business record kept in the ordinary course," etc.

 

[Average Reds]

The Commish can suspend a player based upon "just cause" which includes "non-analytic data."  The MLB doesn't need to follow the criminal "chain of evidence".  If players are paying to destroy evidence, the MLB can purchase to preserve and then authenticate as they do in civil cases.  "Do you recognize"  "Is this a business record kept in the ordinary course," etc.

 
I'm not arguing whether they have the right to do this - they absolutely do.  But if this is the sole evidence they use to discipline players, they will lose on appeal in front of an arbitrator.
 
And the issue isn't whether they have the right to do what they are doing or whether they can make any discipline stand up, it's whether this is an appropriate course of action for the league to take. And in that respect, I stand by my contention that if this is all they have (a key caveat) this will prove to be an incredibly self-defeating course for MLB to take.
 
Edit:  And, of course, the player paying to destroy evidence is alleged to be A-Rod....

 

[soxhop411]

Michael S. Schmidt ‏@MichaelSSchmidt13m
MLB has uncovered evidence that a rep of A-Rod arranged to have documents purchased from a South Florida anti aging clinic
 
 
 
Michael S. Schmidt ‏@MichaelSSchmidt12m
MLB felt motivated to buy documents from other clinic employees after learning that A-Rod had arranged to purchase dox
http://www.nytimes.com/2013/04/13/sports/baseball/baseball-believes-alex-rodriguez-bought-clinic-documents.html?ref=sports&_r=0

 

[SoxLegacy]

I am finding it harder and harder to believe we'll ever see A-Fraud on the field again. Well, maybe in Taiwan...

 

[soxhop411]

I am finding it harder and harder to believe we'll ever see A-Fraud on the field again. Well, maybe in Taiwan...

And the Yankees still won't be able to void the deal.

 

[Brianish]

And the Yankees still won't be able to void the deal.

 
I suspect if he's found to have tried to destroy evidence to cover up his PED use, they might have a case. 

 

[mauidano]

Your hitting .387 and low maintainence. What's not to like? Good luck in your next endeavor Alex. NY will eat the money, like it or not.

 

[IpswichSox]

Yeah, I don't think this makes MLB look stupid.  On the contrary, it makes MLB look determined as hell. Fifteen years ago, MLB was slow out of the gate on PEDs, but that's not the case now.  And it can't be said that today MLB is doing just the minimum to keep PEDs out of the game. From in-season HGH and blood testing to finding "creative" ways to gain access to the Biogenesis documents when MLB lacks subpoena power, baseball is an industry leader on testing now.
 
Should penalties be longer for a first offense?  Should it be two-strikes-and-you're-out for repeat offenders?  Those are different questions.

 

[soxhop411]

Major League Baseball is investigating whether a spokeswoman for Robinson Cano's charitable foundation fostered a relationship between the New York Yankees second baseman and a South Florida clinic that allegedly distributed performance-enhancing drugs to baseball players, ESPN reported.
Sonia Cruz, who works for Cano's RC24 foundation, is listed on documents from the Biogenesis clinic obtained by ESPN. She denied being a client of the clinic, but documents list her as owing money - $300 in both July and August 2012 - to the clinic.
She told ESPN Cano "definitely never did" receive anything from the clinic.

http://www.usatoday.com/story/sports/mlb/yankees/2013/04/22/robinson-cano-biogenesis-sonia-cruz/2104207/

 

[SemperFidelisSox]

This entire scandal has gone as followed.

- A report of Player A being linked to Biogenesis clinic
- A report of MLB investigating link of Player A to Biogenesis clinic
- Nothing

 

[Van Everyman]

just you wait

 

[NHbeau]

 Buster Olney has mentioned several times that this case is eventually going to be brought down by MLB and it's going to be a doozey that amount of people named, and suspended etc. Make of it what you will but Olney is a pretty decent source.

 

[Brianish]

If anything I'd say the silence indicates A: they're getting all their ducks in a row first, and B: they're actually doing a decent job of preventing leaks. 

 

[Average Reds]

IIRC, the entire appeals process is supposed to be completed before they announce a suspension, correct?  (That was the reason for a lot of hand-wringing with the initial Braun case, as we never should have even heard about it because he won his appeal.) My point is that it's possible that MLB has already taken action, but the players involved have all appealed, so we won't hear anything until the appeals are complete.
 
The larger point is that whether they have taken action or are waiting to take action, we've probably got some time before we hear anything about this.

 

[gaelgirl]

From what I recall, Melky Cabrera had already failed his PED test and was in the appeals process when he won the All-Star Game MVP (and Selig handed over the award). There was a rumor that he'd failed a test, they asked him about it and he denied it. The Giants, then, were caught way off guard when he was suspended. They were actually in the process of negotiating a multi-year contract with him. 
 
So... if there are suspensions forthcoming, they players probably already know about it. But I think the teams can't ask about it, even if they've heard rumors. 

 

[In my lifetime]

From some information I have been told within MLB,
MLB feels that Braun probably used his roommate in the minors to act as his test case to take PEDs and then see which show up in the tests.  His roommate has been suspended at least 2 times in the past.  They went to his roommate to testify and he said no way.

 

[CarolinaBeerGuy]

From some information I have been told within MLB,
MLB feels that Braun probably used his roommate in the minors to act as his test case to take PEDs and then see which show up in the tests.  His roommate has been suspended at least 2 times in the past.  They went to his roommate to testify and he said no way.

If true, I hope that kid was getting paid some serious cash by Braun.

 

[soxhop411]

suspensions might not happen until next season now
 
 

MLBPA executive directior Michael Weiner told reporters, including Bill Shaikin of the Los Angeles Times (on Twitter), that it is unlikely that any suspensions relating to the Biogenesis scandal will be announced this week.  He expects discussions to take place between the union and the commissioner's office within the next month with appeal hearings getting underway "as soon as September" (Twitter links).  Furthermore, he explained that suspensions are subject to negotiations with the league office and without an agreement between the two parties, it's unlikely that players will miss time in the 2013 season, tweetsDanny Knobler of CBSSports.com.
The MLBPA chief added that 50-game suspensions may not apply to non-analytical positive results with the length of suspension open for discussion, Jeff Passan of Yahoo Sportstweets. 

http://www.mlbtraderumors.com/2013/07/weiner-on-biogenesis-suspensions.html#disqus_thread
 
Interesting to note that  non-analytical positive tests, do  not have to be given a 50 or a 100 game suspension. I thought they were both required to be on the same scale

 

[Average Reds]

suspensions might not happen until next season now
 
 
http://www.mlbtraderumors.com/2013/07/weiner-on-biogenesis-suspensions.html#disqus_thread
 
Interesting to note that  non-analytical positive tests, do  not have to be given a 50 or a 100 game suspension. I thought they were both required to be on the same scale

 
Yup - this is news.  And Weiner could not have been clearer in saying that because there is nothing to address these sorts of cases in the basic agreement, MLB's power to suspend is limited only by common sense and a recognition of what is likely to be upheld.
 

"In theory, [the players] could be suspended for five games or 500 games, and we could then choose to challenge that," Weiner said. "The commissioner's office is not bound by the scale we have in the basic agreement."

 
The question I would have is as follows:  if MLB is not bound by the punishment scale in the basic agreement, it would seem that the players union is no longer bound by the arbitration clause in that same agreement.  Which is to say that if they don't get the result they want out of any arbitration, they could go to court and get an injunction to prevent punishments from being served until the larger issue of allowable punishment is resolved between the union and MLB. 
 
I have some experience with arbitration, but I'm not a lawyer so I could be way off here.  Mostly I'm just very surprised to find out that we're in undefined territory here.

 

[Rovin Romine]

Yup - this is news.  And Weiner could not have been clearer in saying that because there is nothing to address these sorts of cases in the basic agreement, MLB's power to suspend is limited only by common sense and a recognition of what is likely to be upheld.
 
 
The question I would have is as follows:  if MLB is not bound by the punishment scale in the basic agreement, it would seem that the players union is no longer bound by the arbitration clause in that same agreement.  Which is to say that if they don't get the result they want out of any arbitration, they could go to court and get an injunction to prevent punishments from being served until the larger issue of allowable punishment is resolved between the union and MLB. 
 
I have some experience with arbitration, but I'm not a lawyer so I could be way off here.  Mostly I'm just very surprised to find out that we're in undefined territory here.

 
Perhaps the sanctioning will happen outside of the scope of the PED agreement.
 
There are most likely rules which apply to MLB attempting to sanction players "for the good of the game" or whatever blanket language gives the commissioner the authority.   Perhaps there is an appeals process tied to that which requires arb?

 

[Yaz4Ever]

So long as whatever delays are encountered cost the Yankees more money on ARod's contract, I'm good with everything.  
 
I think MLB way overplayed their hands and now we will have the joy of seeing Donald Fehr's Charlie Brown head at a podium attacking this investigation and the leaks ad nauseum.  Ugh.

 

[Average Reds]

Perhaps the sanctioning will happen outside of the scope of the PED agreement.
 
There are most likely rules which apply to MLB attempting to sanction players "for the good of the game" or whatever blanket language gives the commissioner the authority.   Perhaps there is an appeals process tied to that which requires arb?

 
You are probably right, but it strikes me that even this approach has complexity.
 
The commissioner could have sanctioned players at any time for using PEDs under the "best interests" clause, but Selig has stated repeatedly that he was powerless to do anything about PEDs because there was no agreement for testing and punishment until relatively recently.  So it seems odd that he would now claim the ablity to do the very thing he has said he was not allowed to do under a power that has always existed.  (Here's a less convoluted way of saying it - if this ends up as Selig's position, it is self-serving and inconsistent.)
 
 

So long as whatever delays are encountered cost the Yankees more money on ARod's contract, I'm good with everything.  
 
I think MLB way overplayed their hands and now we will have the joy of seeing Donald Fehr's Charlie Brown head at a podium attacking this investigation and the leaks ad nauseum.  Ugh.

 
I would like to subscribe to your newsletter.

 

[YouLookAdopted]

ARod to be interviewed on CNN about his possible suspension tomorrow morning.

 

[Rovin Romine]

ARod to be interviewed on CNN about his possible suspension tomorrow morning.

 
Get ready for "old and stupid."

 

[SemperFidelisSox]

Why the hell would Boras, the Yankees or the players union let him go on CNN and talk publicly about this?

 

[Sampo Gida]

Why the hell would Boras, the Yankees or the players union let him go on CNN and talk publicly about this?

 
Whats Boras have to do with it?. Arod shit canned him long ago, didnt he?.  The Yankees would love to let him hang himself and Weiner is riddled with cancer paralyzed on his right side, not sure he is really up to speed.

 

[YouLookAdopted]

I've been thinking about this CNN thing all night and the more I think about it the more unusual it seems. I wonder if a major announcement is going to happen in the next few days and ARod is trying to get ahead of it a little. Or perhaps he's reach an agreement with the league which requires him to admit publicly that he used PEDs again. Or perhaps he's just going to flat out retire. Why would he put himself through an interview about PEDs at this point?

 

[YouLookAdopted]

I've been thinking about this CNN thing all night and the more I think about it the more unusual it seems. I wonder if a major announcement is going to happen in the next few days and ARod is trying to get ahead of it a little. Or perhaps he's reach an agreement with the league which requires him to admit publicly that he used PEDs again. Or perhaps he's just going to flat out retire. Why would he put himself through an interview about PEDs at this point?


Or perhaps I'm just forgetting what a tremendous twat he is.

 

[Sampo Gida]

Guess we all have to be patient.

But patience is not my strong point either. You may be right. Arod might like to just call the season a wash and take 60 game suspension this year, if thats on the table , then come back 100%, or as close to that as he can next year without anything hanging over his head.

Too much money on the table to retire and he is not at the point he could claim he is medically unfit, so the only other thing is a spirited defense , which is dumb even for him.

 

[SemperFidelisSox]

Where are you reading that he will be on CNN this morning to discuss the steroid suspensions? I can't find that anywhere. Someone from CNN interviewed him earlier today before his rehab game in Trenton, so I'm guessing it will just be that footage.

I don't think this will be some exclusive live sit down where he admits to anything.

 

[VBSoxFan]

He's expecting to return to the Yankees on Monday.

 

[glennhoffmania]

 “I can tell you, if we have a case where there really is overwhelming evidence, that a player committed a violation of the program, our fight is going to be that they make a deal,” Weiner said without referring to specific players. “We're not interested in having players with overwhelming evidence that they violated the (drug) program out there. Most of the players aren't interested in that. We'd like to have a clean program.”

 

Also contained in the Daily News account is a report that MLB investigators have "gathered an overwhelming amount of evidence" that proves Yankees third baseman Alex Rodriguez has received performance-enhancing drugs from the Miami-based Biogenesis clinic.

Link

 

[Rovin Romine]

That's a refreshingly mature position for the union to take.  Though probably not much comfort to the players. 
 
I'm not sure this is a significant development thought.  Most of the individual players can hire their own counsel and take their case through whatever process exists, should they be inclined to do so.  The union might put "pressure" on a player by taking MLB's stance on any given issue, but I don't think the union can really penalize a player for charting their own course on any alleged violation of the PED/Drug policy. 
 
As mentioned in the ARod thread, MLB is reading the agreement to say that there may not be any penalty cap for an "unofficial positive" (or whatever the language used is.)   So if there's a non testing violation, it puts MLB in a strong position.  They could ban for life, and thus a "plea" offer of 100 games is lenient by contrast.  I'd *assume* an arbitrator couldn't reduce the penalty/ban/suspension.   They'd just be finding "guilt" or not.   Correct?
 
If so, this seems to be a very badly worded agreement.  Positive tests are basically "3 strikes, you're out."  While "unofficial" positives can result in a lifetime ban?  
 
While you can never legislate (or in this case contract) narrowly if you wish to capture all bad behavior, I'm surprised the union didn't include something to prevent MLB from wielding the proverbial iron club.   If A-rod is banned for life for allegedly taking PEDs, supplying to other players, trying to cover it up by buying the documents (or whatever, I really don't know what happened) that seems serious.  But under this theory a player who was simply the delivery guy could also be banned for life.   Political and social pressures might cut against that kind of disproportionate punishment, but the union should have put something in the agreement about those kind of situations (or mitigating circumstances.)
 
I'm not sure about any of this though - thoughts?

 

[glennhoffmania]

That's a refreshingly mature position for the union to take.  Though probably not much comfort to the players. 

Perhaps, but if I'm a clean player I may approve of the union's position on this.  Maybe some guys are tired of watching their competition cheat and continually get away with it.

 

[phrenile]

The Arbitration Panel shall have jurisdiction to review any determination that a
Player has violated the Program, or any determination made pursuant to Section 3.I
(Therapeutic Use Exception). Any dispute regarding the level of discipline within the
ranges set forth in Section 7 is also subject to review by the Arbitration Panel and any
such review shall include whether the level of discipline imposed was supported by just
cause; provided, however, that the Arbitration Panel shall have no authority to reduce the
discipline imposed by the Commissioner's Office below the stated minimum level
established for the specific violation as set forth in Section 7.

 

[DJnVa]

Perhaps, but if I'm a clean player I may approve of the union's position on this.  Maybe some guys are tired of watching their competition cheat and continually get away with it.

 
Branching off from this, one of the ESPN guys (not sure if it was Olney, but I think it was) said the other day that Ryan Braun may be the most hated player in other clubhouses, because most guys are tired of this.

 

[Rovin Romine]

Perhaps, but if I'm a clean player I may approve of the union's position on this.  Maybe some guys are tired of watching their competition cheat and continually get away with it.

 
Agreed. 
 
But there are haves and have-nots even at the ML level - the union saying that it will act as a judge and pressure accordingly can't be comforting to a relatively junior player who is unjustly accused. 

 

[soxhop411]

T.J. Quinn ‏@TJQuinnESPN  7m
Breaking: MLBPA investigating agents' possible roles in Biogenesis/PED scandals. DC atty running probe, focus on ACES & CAA. Posting shortly
 
T.J. Quinn ‏@TJQuinnESPN  5m
MLBPA probe could lead to sanctioning, possible decertification of agents if found complicit or in violation. http://tinyurl.com/kzlxloa
 

 
Baseball's players' union is conducting an investigation into the role some agents might have played in the Biogenesis doping scandal that rocked the sport last year, several sources told ESPN's T.J. Quinn.
The MLB Players' Association, which certifies player agents, retained veteran Washington attorney Robert Muse to run the investigation several months ago, the sources said, and he and his staff are expected to issue a report within the next few weeks.
According to sources, who spoke on the condition of anonymity, the two primary subjects of the investigation have been the ACES agency out of Brooklyn, run by longtime agents Seth and Sam Levinson, and CAA in Los Angeles, where agent Nez Balelo represents Ryan Braun. Braun, who plays for the Milwaukee Brewers, accepted a 65-game suspension for PED use.
If the agents are found to have been complicit or have violated their duties, they could face decertification, although the MLPBA's agent regulations also allow for lesser penalties.
MLBPA general counsel David Prouty declined to confirm the existence of the investigation, saying, "We don't comment on internal investigations or whether we're conducting them."
A spokesman for MLB described the investigation as "an internal union matter" and referred questions to the MLBPA.
ACES came under the spotlight in 2012 when MLB discovered that Melky Cabrera, who tested positive for testosterone, tried to create a fake website as part of a plan to explain the failed test. The ACES agent who was working with Cabrera, Juan Carlos Nunez, was decertified after he was connected to the conspiracy. Nunez was later identified as a conduit between Biogenesis founder Tony Bosch and numerous ACES clients, including Cabrera, who were suspended for violating the PED policy. Of the 25 major and minor league players who were identified as Biogenesis clients -- not all were suspended -- 10 were ACES clients.
The union censured ACES last year for failing to supervise Nunez properly, but then-union executive director Michael Weiner also issued a statement saying, "We conducted a thorough investigation and concluded that none of the ACES principals were involved in the scheme and that there was no knowledge or involvement by Seth and Sam."
But several sources familiar with the case said Muse's investigation is looking into whether the Levinsons were indeed aware of Nunez's work as a leg man for Bosch or his part in the Cabrera website.
Seth Levinson did not respond to a message seeking comment, but in the past has denied that he or his brother were aware of Nunez's activities. They described him as a consultant, although Nunez was certified by the union as an agent.
Balelo and CAA also did not return a call for comment.
Muse is, by any standard, a heavyweight, and has worked as a staff attorney or consultant on numerous congressional investigations, starting with Watergate, up through the Iran-Contra Affair and the special Senate committee to investigate Hurricane Katrina in 2005-06. He has been a partner at Stein, Mitchell, Muse, Cipollone and Beato since 1983.
Muse did not return a call or email seeking comment.

 

[MentalDisabldLst]

The Muse is Loose, eh?

 

[SemperFidelisSox]

Last seasons Biogenesis suspensions were handed out right around this time, which made suspended players available for the final week of the season and playoffs. MLB could wait another few weeks to announce suspensions to avoid this controversy again, but then you might have suspensions carrying over into the 2015 season.

 

[soxhop411]

T.J. Quinn ‏@TJQuinnESPN  18m18 minutes ago
BREAKING: @Jaskripcbs4: Tony Bosch sentenced to 4 years followed by 3 years supervised release.

 

[glennhoffmania]

Maybe this is old news but I wasn't aware of it:

Former University of Miami baseball coach Lazaro Collazo filed a civil claim last year alleging Yankees DH Alex Rodriguez purchased his medical records and illegally disseminated them to third parties, reports Christian Red of the New York Daily News.

As a result of the civil claim, A-Rod could be deposed at some point this year, and may have to miss regular season games. Here's more from Red:

The complaint charges Rodriguez, his longtime business associate Jose (Pepe) Gomez and private investigations firm, Guideposts, with one count of invasion of privacy. The complaint alleges that the defendants violated state law after they purchased Collazo's medical records and disseminated them to third parties, including federal prosecutors, during the Biogenesis investigation. Florida law prohibits such dissemination of records without the patient's consent.

In a victory for Collazo's legal team, Circuit Court Judge Barbara Areces of the 11th Judicial Circuit of Florida last week signed an order denying the defendants' motion to dismiss the suit, paving the way for a possible A-Rod sit-down with Collazo's attorneys. If deposed, and because Rodriguez received partial immunity from the government in the Biogenesis federal case, he would not be able to take the Fifth.