Report: A-Rod banned through 2014?

Harry Hooper

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soxhop411 said:

it really wouldn't shock me if A-rods camp paid these people to "support him"... Like you said
 
 
Back in the day, the embattled Pres. Nixon's camp gave folks a free lunch and (I think) $50 to wave "God loves America. God loves Nixon." pennants in Washington.
 

SemperFidelisSox

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Sounds like the plan is to try and scare MLB into a deal so that both sides can avoid a very ugly discovery process. Reading the lawsuit, A-Rod's team wants to drag every skeleton out of Selig's closet e.g collusion against free agents, steroids.
 

Rovin Romine

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SemperFidelisSox said:
Sounds like the plan is to try and scare MLB into a deal so that both sides can avoid a very ugly discovery process. Reading the lawsuit, A-Rod's team wants to drag every skeleton out of Selig's closet e.g collusion against free agents, steroids.
 
The judge on the case can limit discovery.  Basically, ARod will first have to show that he's got a viable suit on his hands.  Then he's got to show that the discovery he requests is relevant to the case or might lead to relevant discovery. 
 
The lawsuit as filed basically says that Selig/MLB messed up A-Rod's business relationships via their arb process/press disclosures.  Even if that's found to be a viable claim, I'm not sure how that gets them dirt on the McGuire era or the 1994 strike.
 

geoduck no quahog

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I do not want this guy banned.
 
I want the Yankees to eat every penny of his contract while his pathetic corpse desiccates on the field and his stench poisons the clubhouse.
 

terrisus

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I do not want this guy banned.
 
I want the Yankees to eat every penny of his contract while his pathetic corpse desiccates on the field and his stench poisons the clubhouse.
 
This. It's pretty pathetic how the Yankees are sitting around dreaming of this happening so they can get out of some of that disaster of a contract. I understand the point of not having a player get paid during a suspension, but the fact that it means that a team can get out of their responsibility as well just seems to shift any fault off the team.
 

Average Reds

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I read through a summary of the suit against MLB this morning.

This is like finding out that Santa Claus does exist and Christmas is more awesome that you dreamed possible.

Thank you A Rod.
 

crystalline

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Holy crap.  This suit makes all the REAL arguments at hand.  Not just the 10-second talking points.  (obviously these are only arguments on A-Rod's side, but in the media we've mainly been hearing MLB's side.)
 
"In the aftermath of the reputational harm suffered by MLB as a result of the 1994 strike, baseball was in desperate need of a way to reconnect fans with the game. This salvation came in 1998, in the form of the highly public competition between two MLB players, Mark McGwire and Sammy Sosa"
 
"The Mitchell Report singled out Selig for criticism regarding his handling of PES usage in baseball"
 
"Although MLB alleged that the defendants in the Biogenesis Suit were tortiously interfering with the Basic Agreement and the Joint Drug Agreement, MLB's true purpose for the Biogenesis Suit was to circumvent the procedures in baseball's Agreements, and seek "evidence" "
 
"the former University of Miami pitching coach Lazaro (Lazer) Collazo, a defendant in the Biogenesis Suit, told the News that MLB investigators intimidated him and his family at his Miami home in March seeking information concerning their investigation. "
 
"On April II, 2013, the New York Times reported that MLB officials were offering cash payments to former Biogenesis employees in exchange for their testimony. "
 
Also nice
"As the owner of the Brewers, Selig was part of a scheme to collude..."
 
 
The bolded is why I find the A-Rod obstruction claims absurd.  This isn't a government or police investigation, which means neither party is bound to normal rules of evidence.  So I don't think A-Rod should be punished for obstructing the "investigation".  Because the other side can (and did, via cash payments) go beyond what would be allowed if this were a govt investigation.  Hell, if I were being investigated by my employer, and they were essentially bribing witnesses -- if I had the means I'd buy records too.
 

crystalline

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Wow.  There are too many allegations to quote in the suit about witness intimidation and cash-for-testimony.   There's an insinuation that MLB has committed tax fraud via its cash payments.  And they implied that MLB's investigators blackmailed an ex-Miami player about his "postings on the internet". 
 
Now it's all about spin and PR (as lawyers above seem to believe the suit itself won't win).  Let's see if ARod's team can get these allegations talked about enough to catch popular awareness.
 
Edit: just to be clear: I'm no A-rod apologist.  My feeling is more like this: 
"Oh man, he's putting the whole system on trial. I love when people put the whole system on trial."
(Especially when Selig and the owners have been so sanctimonious about PED use and their own roles.)
 

Brickowski

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soxhop411 said:
“@PaulD_Anderson: The almighty power of Section 301 Preemption will likely prevent ARod's lawsuit from being anything more than a PR effort. Good luck.”

https://twitter.com/PaulD_Anderson/status/386145848679088129
Interesting question. Would Sec. 301 preempt the suit against Selig individually?
You are a union worker subject to a CBA with your employer.  The company president runs you over in the company parking lot and you are seriously injured.  You sue the president.  Preempted? 
 

E5 Yaz

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gtg807y said:
Oh man, he's putting the whole system on trial. I love when people put the whole system on trial.
 
I'm out of order? Your out of order! This whole court is out of order!
 

Steve Dillard

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Rovin Romine said:
 
The judge on the case can limit discovery.  Basically, ARod will first have to show that he's got a viable suit on his hands.  Then he's got to show that the discovery he requests is relevant to the case or might lead to relevant discovery. 
 
The lawsuit as filed basically says that Selig/MLB messed up A-Rod's business relationships via their arb process/press disclosures.  Even if that's found to be a viable claim, I'm not sure how that gets them dirt on the McGuire era or the 1994 strike.
 
The general rule in the New York Supreme Court's commercial division (which is where the suit is filed) is that any motion to dismiss should not stay discovery.  However, a judge can stay discovery, depending upon how burdensome the discovery would be and likelihood of a dismissal on the motion.   As RR says, for all the salacious allegations, there are only two claims the first tortious interference with existing contracts, and the second tortious interference with future dealings.  The Judges in NY are particularly hostile to the types of claims, because they arise so often in New York commercial disputes.  The easier one to prove is the interference with contract, but I believe that what ARod alleges does not suffice. 
 "when there is knowledge of a contract, and a competitor takes an active part in persuading a party to the contract to breach it by offering better terms or other incentives, there is an unjustifiable interference with the contract." State Enter., Inc. v. Southridge Coop. Section 1, Inc., 18 A.D.2d 226, 227-28, 238 N.Y.S.2d 724 (N.Y.App.Div. 1963). 
It will be interesting to see which Judge this is assigned to.
 
He has to show  that MLB took an active part in persuading the party to breach.  Merely leaking information (likely true, but even if false) that injure his reputation is more akin to slander, and not interference where MLB deals with the party and induces its breach.
 

jon abbey

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I wish there was some scenario where he could end up broke and homeless. 
 

jon abbey

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It looks like he's made about $350M already, plus whatever he gets from the rest of this deal. That is a lot of money to lose, but it's certainly possible, I guess.
 

soxfan121

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jon abbey said:
It looks like he's made about $350M already, plus whatever he gets from the rest of this deal. That is a lot of money to lose, but it's certainly possible, I guess.
 
Centaur paintings cost almost as much as porcelain dolls.
 

Sampo Gida

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Arod could have a nice financial windfall if he wins his case.  No idea how likely that is
.
However, I think the the other purpose, perhaps even the main purpose of the suit is it provides a good vehicle for Arod to go public with his version of events now, something he is otherwise unable to do at the moment,   and provides an incentive for MLB to settle this out of court, perhaps by reducing the length of the suspension before the arbitration hearing is concluded.   I am sure Bud would like his final year to be free of a court battle that could get ugly.
 

JimD

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Does anyone have any idea on how long a suit like this involving regular business dealings would typically take to wend its way through the court?  If the arbitration panel refuses to overturn or reduce this suspension, does his legal team have any grounds to convince the court to issue a stay and force the Yankees to continue playing and paying him?
 

MakMan44

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Seriously ARod?
 


In late August, Rodriguez grew so frustrated with how the Major League Baseball Players Association was defending him — or, as he saw it, not defending him — that his personal legal team wrote a letter formally requesting the union step aside from its prescribed role as his chief representative on his arbitration panel. It was an unusual acknowledgment that Rodriguez did not trust the union to look after his best interest, and he wanted to pick his own representative.
 


The union “has made matters worse by failing to protest M.L.B.’s thuggish tactics in its investigation, including paying individuals to produce documents and to testify on M.L.B.’s behalf, and bullying and intimidating those individuals who refuse to cooperate with their ‘witch hunt’ against the players — indeed principally Mr. Rodriguez,” the letter said.
 
http://www.nytimes.com/2013/10/06/sports/baseball/a-frustrated-rodriguez-turns-on-the-players-union.html?_r=2&
 

Sampo Gida

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MakMan44 said:
 
 
The union has not done a good job for Arod.  Maybe Weiner is too ill, or too close to Selig, but he pretty much capitulated to Selig, at least in public until the process all but concluded and suspensions were decided on.
 
http://espn.go.com/mlb/story/_/id/9488348/michael-weiner-mlbpa-head-says-union-protect-ped-users
 

Weiner also said the commissioner's office isn't bound by the terms of the joint drug prevention and treatment program -- which calls for 50- and 100-game suspensions followed by a lifetime ban for three failed drug tests -- because the players involved in the Biogenesis case did not fail tests and are being investigated for "non-analytical" reasons.
 
"In theory, [the players] could be suspended for five games or 500 games, and we could then choose to challenge that," Weiner said Tuesday before the All-Star Game. "The commissioner's office is not bound by the scale we have in the basic agreement."
 
I am pretty sure the players believed that the 50 game suspension for steroids (1st offense)  was a constant as part of their agreement of the JDA.  Players had been suspended in the past for PED use based on non analytical reasons for 50 games.  Even if there is a loophole in the language that gives Selig the power, the union chief should insist he uphold the spirit of the agreement or face consequences in the next round of CBA negotiations  .
 
As for MLB investigation tactics, hard to imagine a union standing by and not protesting these tactics.  Not sure how much they knew though.
 

MakMan44

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Yeah, I don't necessarily disagree but it just looks really bad when put together with everything else that's coming out lately. Just bad timing IMO, though the linked article says that the letter was sent over a month ago. 
 

glennhoffmania

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Speaking on ESPN Radio's "The Ian O'Connor Show" Sunday, Cashman maintained the Yankees want Rodriguez back on the field even if his restored salary would complicate the team's attempt to reduce payroll under the luxury tax threshold of $189 million.
"If it comes down to, would we want the player we signed to be playing that position without any problems? Absolutely, no question about that," Cashman said. "I think if people think there's some sort of benefit by losing that talent, I mean, you can't replace it. It's not like, all right, well, Alex is gone. If he winds up getting suspended and it's upheld, how do you replace that? It's not easy.
"It's not like, all right, we'll take that money and go in this direction. I think ... our fan base saw when we lost significant players at various positions, it was not easy to plug holes because the talent just doesn't exist."
 
Link
 

rembrat

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"If it comes down to, would we want the player we signed to be playing that position without any problems? Absolutely, no question about that," Cashman said.
 
Cashman cleverly implied that Rodriguez needs to start roiding intelligently.
 

glennhoffmania

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I honestly didn't think that was what he meant at all when I read it.  Not that you guys are wrong- just that it never crossed my mind until you guys said it.
 

Rovin Romine

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Awesome. 
 
Apparently Suzy Ribero-Aylaa is the wife of Bosch's attorney, Jose Ayala.  She claims A-Rod made an unsolicited $50K payment to her office in an attempt to fund Bosch's defense in the early days of the incident.
 
So, Julio J. Ayala (different law firm than his wife) is now representing Bosch?   There's only one Juilo Ayala barred in FL.  He's a plaintiff cruise ship attorney - although one guy in his firm worked for the Miami SAO for 3 years back in the 90s. . .
 
Given that there's a state level criminal investigation underway concerning Bosch, I have a sneaking suspicion that Bosch will not be a happy guy two years from now.  Or perhaps he has retained multiple attorneys. 
 

soxhop411

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RT @Deadspin Upcoming book claims A-Rod liked his prostitutes "two at a time, two times a week." http://deadsp.in/dZiPeTf 
 
would
 
 
A building worker told Gross, "He got hookers all the time. Usually two at a time, two times a week. One time he had two go up, they came down and left, and 10 minutes later, Cameron Diaz walks in."

Though a broker called Rodriguez "the best tenant" in the book, the 15CPW staff didn't agree. "He was a douche, an unfriendly narcissist," another building worker said. "I hate the guy. He thought he was God."
 

geoduck no quahog

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Anyone see the full-page ad taken out by Fernando Mateo in the NYT this morning?
 
There's no way to link to it, but it was one of the more disgusting things I've ever seen.
 

geoduck no quahog

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Wow, the Times says that ad probably cost $100,000.

Great allocation of funds for assisting Hispanics.

If I get a chance, I'll retype the body of the ad here.
 

glennhoffmania

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Yeah this is totally discriminatory.  No one else who got suspended is Hispanic.
 
Unless Mateo is the president of some sort of douche support group I fail to see his point.
 

geoduck no quahog

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Here it is, without any highlights or bold added. I'll leave comments to others for now, although I particularly like the part about protecting the A-Rod's of tomorrow.

"WHO IS PUBLIC ENEMY NO. 1 IN BASEBALL?

Talk to the mothers and fathers of young kids who have been used and abused by unscrupulous individuals selling them a dream of baseball riches while Major League Baseball does little to address the problem, and you will get a much different answer to that question than you see in the media today.

For years, Hispanics Across America (HAA) has been fighting for better treatment of our children here at home, as well as in places like the Dominican Republic, Mexico and Venezuela where our families still live and where their children are being poorly treated by Major League Baseball. The treatment of these young players would never be tolerated in small towns across America where young people pursue their dreams.

HAA has led the fight against double standards that baseball applies to young players here and young players in Latin America and Carribean countries. We visited the small villages where these players come from and saw first-hand the impact of MLB's hands-off policy has had on their lives. We fought for higher standards, including more testing, better education and additional health care and other support for these young players and their families. We acknowledge that MLB, however grudgingly, did respond once we shined a spotlight on their responsibility for solving the problem.

But it's still not enough. The double-standards, in our view, still apply to players of Hispanic heritage. Bud Selig is a disgrace to the game, to the players and our children. He turned a blind eye on issues involving HGH and steroids until Hispanics Across America delivered three caskets to his door steps with a name and date of birth in 2004. Willful blindness should be punishable and Bud Selig and his executives have not been punished. Why?

That's why we are fighting for justice for Alex Rodriguez. We do not suggest that he should be excused for anything he has done wrong IF he has done something wrong. In fact, IF he has, he should be held accountable, but fairly and consistent with the treatment of other first-time offenders. But just as we oppose the double standards for young people, we oppose the double standard MLB is applying to A-Rod. And if they can do it to him, no Hispanic player is safe from unfair treatment.

HAA will continue to fight for the rights of Hispanics wherever we see injustice. We invite you to join with us to send a powerful message to MLB that they can no longer treat Hispanic players like second-class citizens. Please visit xxxxx//supporta-rod13.com to sign our petition, or visit xxxxxxx to learn more about Hispanics Across America.

Baseball fans all over the world must ask themselves why Bud Selig has not been fired despite presiding over the "STEROID ERA." We remember Selig sitting in the front rows watching Slamming Sammy Sosa and Mark McGwire hitting crazy home runs and both have been accused of using performance enhancing drugs. Mark McGwire is still allowed to coach in the Major Leagues. I hope you understand that there are two and sometimes three sides to a story and I welcome the opportunity to tell you our side.

It's easy to expose and discredit Latin American countries and their people when there is no one to defend or at least give you the other side of the story. Well, Mr. Selig, my name is Fernando Mateo and I have and will continue to protest Alex Rodriguez's suspension in front of MLB.

Join us! Together we can restore the integrity of baseball, promote fair play for everyone regardless of race and send a message to Bud Selig that it's time that he gets out of his Ivory Tower and embrace the reforms that are needed to protect the A-Rod's of tomorrow, wherever they call home."
 

Sampo Gida

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glennhoffmania said:
Yeah this is totally discriminatory.  No one else who got suspended is Hispanic.
 
Unless Mateo is the president of some sort of douche support group I fail to see his point.
 
I think the point is pretty much everyone who got suspended is Hispanic, except Braun, but everyone else accepted the suspension under threat of much longer penalties, so there was not much they could protest there.   This is the proverbial race card being pulled, and Arod is smart enough to have a 3rd party pulling it for him.
 

glennhoffmania

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Sampo Gida said:
 
I think the point is pretty much everyone who got suspended is Hispanic, except Braun, but everyone else accepted the suspension under threat of much longer penalties, so there was not much they could protest there.   This is the proverbial race card being pulled, and Arod is smart enough to have a 3rd party pulling it for him.
This is the part of the statement I was referring to.  He's saying that ARod got a longer suspension because he's Hispanic.  My point was that there were several other Hispanic players who got suspended so accusing MLB of giving ARod a longer suspension because he's Hispanic makes zero sense.
 
 
That's why we are fighting for justice for Alex Rodriguez. We do not suggest that he should be excused for anything he has done wrong IF he has done something wrong. In fact, IF he has, he should be held accountable, but fairly and consistent with the treatment of other first-time offenders. But just as we oppose the double standards for young people, we oppose the double standard MLB is applying to A-Rod. And if they can do it to him, no Hispanic player is safe from unfair treatment. 
 
 

Sampo Gida

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glennhoffmania said:
This is the part of the statement I was referring to.  He's saying that ARod got a longer suspension because he's Hispanic.  My point was that there were several other Hispanic players who got suspended so accusing MLB of giving ARod a longer suspension because he's Hispanic makes zero sense.
 
 
 
Ok, but then Braun only had 15 games tacked on for obstruction.  
 
I am not buying there is a racial motivation to the suspension length to Arod myself (its to help out the Yankees) and am pretty sure Arod will be making a sizable donation to this group when all is said and done.  
 

sfip

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Will they announce the results of the appeal during the 8th inning of the World Series clincher? [/emoticon]
 

soxhop411

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NYDN Sports I-Team ‏@NYDNSportsITeam 1h
We are hearing that Lanny Davis, Clinton adviser, Redskins defender, Penn State rep has joined team appealing Alex Rodriguez suspension
 
NYDN Sports I-Team ‏@NYDNSportsITeam 50m
Lanny Davis, newest addition to Team #ARod represented dictators, ephedra companies, union opponents.
 
NYDN Sports I-Team ‏@NYDNSportsITeam 26m
Arod's lawyers say MLB obtained order blocking them from holding a news conference about a "major league whistleblower."
 
NYDN Sports I-Team ‏@NYDNSportsITeam 24m
A-Rod lawyer Joe Tacopina calls for MLB and the players union to open the suspension hearings to the public and release transcripts
 
NYDN Sports I-Team ‏@NYDNSportsITeam 1m
MLB issues statement on arbitrator blocking A-Rod's "whistleblower" press conference
 
NYDN Sports I-Team ‏@NYDNSportsITeam 1m
MLB: "We think the arbitrator issued an appropriate ruling consistent with the confidentiality provisions of the Basic Agreement."
 
I cant wait for this circus to end....
 
M

MentalDisabldLst

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MentalDisabldLst said:
 
Sounds like classic PR firm tactics.  Create a shell advocacy group, fund it, use it to round up "supporters" (probably paid), point the media towards them, claim neutrality.
 
Worth the expense to A-Rod if it reduces his suspension materially.  He's gotta be blowing $100k/week on this, for lawyers alone - with the PR firm, maybe double that.
 
I think you are understating the amount he's spending on lawyers right now.  And I think you've (vastly) overstating how much he's spending on PR.  (Or A-Rod is a bigger tool than I thought possible, because no one spends that much on PR.)
 

Rovin Romine

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I was tricked into using PEDs.  Oct. 2
 
NO - wait, I didn't use PEDs at all.  Oct. 22
 
More to come Nov 18th, as the A-Rod hearings continue.  Personally I'm looking forward to the bridge defense of" "I was tricked into using stuff that I thought were vitamins, but I was lied to - they were actually totally different vitamins!"  
 
Also in other pointless news - on the 21st, the arbitrator in the A-Rod case issues an order restraining A-Rod's attorneys from identifying a MLB whistle blower who apparently has nothing to do with A-Rods case.  Seriously.
 
 
Rodriguez's legal team initially called a news conference at 5 p.m. ET to present someone described as unhappy with the MLB's investigation methods into Rodriguez's case. About a hour later, Jamie McCarroll, a member of Rodriguez's legal team, read from a paper by Horowitz issuing an order restraining any press conferences or briefings regarding subject matter pertaining to the hearing.
 
McCarroll said they had a presentation more than 100 pages long prepared to showcase the misconduct on MLB's part, although he acknowledged it didn't directly relate to the subject of the arbitration. The capacity in which the whistleblower works with MLB is unknown.
 

Sampo Gida

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MLB may be in some kind of trouble here if it can be proved that they knew the records were stolen or even if they had something to do with them being stolen from Fischer who had refused their latest offer.
 
http://espn.go.com/espn/otl/story/_/id/9869601/boca-raton-police-re-open-probe-allegedly-stolen-biogenesis-documents
 


The Boca Raton Police Department has reopened a burglary and theft investigation over documents allegedly taken from the whistle-blower in the Biogenesis of America performance-enhancing drug scandal, a police official told "Outside the Lines" on Wednesday.
 
Fischer told "Outside the Lines" this summer that on March 24, while transporting a different set of documents, his car was broken into and four of the seven boxes he had were stolen. A Boca Raton Police Department report of the incident states a handgun and a laptop also were stolen....
 
ESPN New York's Wallace Matthews reported Wednesday on two payments made by Rodriguez associates and Major League Baseball related to the allegedly stolen documents: that MLB officials paid $150,000 for the documents, and that A-Rod associates paid Jones $200,000 for a video he had made of MLB officials paying him for the records. Rodriguez has tried during his ongoing arbitration hearing regarding his 211-game suspension to show that MLB has tainted the evidence-gathering process against him......
 
Boca Raton police spokeswoman Sandra Boonenberg on Wednesday said police decided to restart their investigation after learning of the alleged document payments from a civil lawsuit filed this month by A-Rod.