Does PED use constitute fraud?


Sticking with Buster this morning, he links to an article in which the guy who brought down BALCO — DEA/FDA agent Jeff Novitzky — is reported to be investigating PED use in cycling under a theory that cyclists were not just breaking drug laws but that, because their performance led to sponsorship deals and more money, they were also engaged in fraud.  By implementing a fraud theory I assume Novitzky would be able to widen his net and get warrants for financial information and other things that have little to do with the actual drug use of the athletes involved.

I’ll save my “holy crap, government agents with a thirst for investigative power like Jeff Novitzky has scare the bejesus out of me” rant for another day.  In the meantime, I’m struck by Olney’s thought on the matter:

It’s an interesting line of questioning, and you wonder if any threads
that are pulled lead to inquiries in baseball. A common refrain heard
among some baseball executives over the last five years is that, in
retrospect, some players used drugs to boost their performance in order
to improve their performance and win more money — and prizes. And some
executives have privately asked the same open-ended question: Does that
constitute fraud?

It’s an investigation into the past that baseball probably should keep
an eye on.

Perhaps. But it’s also a string that, if I were a baseball owner or executive, I wouldn’t pull.  Because, yes, there is a totally legitimate argument that baseball players unfairly reaped millions because steroids gave them a bunch of home runs and strikeouts they wouldn’t have otherwise gotten.  But if that’s true, there is just as legitimate an argument that baseball owners — all of whom knew steroids were everywhere — reaped billions as a result of the same behavior.

Whether it was merely a black chapter in baseball history or an out-and-out fraud, the Steroid Era was the product of many, many parties working together to make it happen.  To assume that only the players would fall under such a renewed investigation is naive.

Marlins announcer Tommy Hutton was let go because he was “too negative”

marlins logo wide

We heard earlier this week that Marlins television analyst Tommy Hutton was let go after 19 seasons on the job. By all accounts, he’s well-liked and respected, so it smelled a little fishy with a team that has owner Jeffrey Loria calling the shots. Well, Barry Jackson of the Miami Herald was told by a source close to the Marlins that Hutton was let go because he was “too negative.”

Jackson was also able to get in touch with Hutton, who provided some details about how things went down.

“I know there were times I was negative, but I thought those times were called for,” he said. “Ninety percent of what I said was positive. I tried not to be a homer, but you could tell I wanted the Marlins to do well.”

After being told that his salary wasn’t a factor in the decision, Hutton suspected that his candid, blunt analysis might be the impetus for his ouster.

So after learning his fate on Monday, he asked that question – whether they thought he was too negative — to both a Fox producer (at a meeting at Starbucks) and the Marlins’ vice president/communications (by phone).

He said the question was met with silence by both executives.

“I couldn’t get a yes or a no,” he said.

Hutton said there were three incident in recent years where he was told the Marlins were uncomfortable with something he said. He disclosed one example where he was exasperated at the ballpark’s dimensions after former catcher John Buck flew out to the warning track for the final out of a game. He was told by a Marlins vice president after the game that Loria prefer he not talk about the ballpark’s dimensions. Of course, the team is moving in the fences this winter.

To be clear, Hutton said he was told it was a “mutual decision” between the Marlins and FOX to let him go, but Jackson’s source hears that the concern about his “negativity” came from the team.

Hey, do you know the best way to prevent “negative” talk about your team? Fielding a winning baseball team without a dysfunctional ownership and front office. Crazy idea, I know, but it could be cool?

Report: Indians have been in touch with Shane Victorino

LOS ANGELES, CA - AUGUST 01:  Shane Victorino #18 of the Los Angeles Angels makes a catch for an out against the Los Angeles Dodgers at Dodger Stadium on August 1, 2015 in Los Angeles, California.  (Photo by Harry How/Getty Images)
Photo by Harry How/Getty Images
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Outfield is a glaring need for the Indians, but they aren’t expected to shop for any of the big names on the free agent market. Instead, they are looking at potential bargains on short-term deals. Paul Hoynes of the Cleveland Plain Dealer writes that Shane Victorino falls under this classification and that the veteran outfielder is among many names the Indians have contacted.

Victorino, who turns 35 on Monday, has been limited to just 101 games over the past two seasons due to injury. Coming off back surgery, he batted just .230/.308/.292 with one home run and seven RBI over 204 plate appearances this past season between the Red Sox and Angels while battling calf and hamstring injuries. It’s hard to see the upside at this point, but the Indians could promise him regular at-bats, especially with Michael Brantley likely to miss the start of the 2016 season following shoulder surgery.

The Indians have also reportedly discussed trading either Danny Salazar or Carlos Carrasco for a bat, which represents their best chance of adding a big name to their outfield this winter.

Korean slugger Byung-ho Park is reportedly traveling to Minnesota

Byung-ho Park

Could the Twins and Korean slugger Byung-ho Park be close to finalizing a contract?

According to Naver Sports (via a translated report from Mike Berardino of the St. Paul Pioneer Press), Park is scheduled to travel to the United States on Sunday. The 29-year-old is expected to make a quick stop in Chicago to meet with his agent, Alan Nero, before coming to Minnesota to see Twins officials and take a physical exam. If all goes well, a contract could be finalized as soon as next week.

The Twins bid $12.85 million last month to secure exclusive negotiating rights with Park. The deadline to complete a deal is December 8. If a deal is not worked out, Park would remain with the Nexen Heroes in the KBO (Korea Baseball Organization) and the Twins would not have to pay the posting fee.

Right now, it’s unclear how far along the two sides are in negotiations. However, Berardino hears that a guarantee in the range of $20-30 million is reasonable to expect.

Park, a two-time MVP in the KBO, has amassed 105 home runs in 268 games over the past two seasons. It’s hard to tell how those numbers will translate, even after the success of Jung Ho Kang this season, but the Twins are hoping he can be a middle-of-the-order force.

Miami Police Department considers Yasiel Puig case closed

Los Angeles Dodgers' Yasiel Puig waits to bat during batting practice prior to a baseball game against the Oakland Athletics, Wednesday, July 29, 2015, in Los Angeles. (AP Photo/Mark J. Terrill)
AP Photo/Mark J. Terrill

We have more details about Yasiel Puig‘s reported “brawl” at a bar in Miami. And while it’s a regrettable situation, it appears to be less serious than previously believed.

According to Dylan Hernandez of the Los Angeles Times, Major Delrish Moss of the Miami Police Department confirmed that Puig was involved in a fight with a bouncer. However, Moss described it more as a “scuffle” than a “brawl.” The Dodgers outfielder suffered injuries to his face, including a swollen left eye, while the bouncer was left with a “busted lip” among other minor facial injuries.

While the bouncer alleged that he was sucker-punched by Puig, Moss said that neither were interested in pressing charges. As a result, the Miami Police Department considers the case closed.

TMZ reported that the fight with the bouncer took place after Puig got into a physical altercation with his sister. However, Moss said that “no shoving was alleged” and that “to the best of our knowledge, the only physical altercation was between the bouncer and Puig.”

Major League Baseball is still expected to investigate the incident under their new domestic violence policy.