The Wilpons fire back

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After yesterday’s New York Times story alleging that the Wilpons steered others toward Bernie Madoff’s ponzi scheme, the Wilpons have decided not to take this lying down. The Wilpons’ lawyer to the Daily News:

“We believe the complaint is baseless, both factually and legally. We have conveyed that to the trustee’s counsel. Fred Wilpon, Saul and the other partners did not know that Bernie Madoff was running a Ponzi scheme.” … None of the evidence, they added, suggests Wilpon and his associates knew that Madoff was engaged in the massive fraud that earned the former Wall Street star a 150-year prison sentence.

An anonymous source close to the Wilpons added “this is total extortion.”  And while the Wilpons or their lawyers have to be mindful of what they say publicly, Mike Lupica doesn’t, and today he rails at the bankruptcy trustee and the Times coverage, calling it a smear and calling Wilpon a victim in all of this.

A court will ultimately weigh in on all of this, so neither yesterday’s Times story nor today’s News story decides anything, of course.  Each can and probably should be read as a p.r. offensive by the bankruptcy trustee (Times story) and the Wilpons (today’s story in the News).  That doesn’t mean that anything in either story is false. It just means that we can’t take it at face value. Every plaintiff I have ever known has began a case by painting the defendant as an evil doer. Every defendant I have ever known has claimed that he’s the victim of a shakedown. This is par for the course.

What will really shed the most light on what’s going on is when and if the pleadings in the case are unsealed, as multiple media outlets are currently seeking to have done.  Because it’s one thing to leak or say something to a newspaper. It’s a totally different thing to say something in a legal document. Allegations in the complaint and subsequent filings by the trustee must be made in good faith and he is subject to legal sanction if they are truly “baseless” or if the case is really just “total extortion.”  I’d like to see those allegations and the exhibits the trustee contends supports them.

I suspect this settles before then. But I would really like to know what the trustee thinks he has on the Wilpons. Wouldn’t you?

Cubs designate Brett Anderson for assignment

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The Cubs announced on Wednesday that pitcher Brett Anderson was activated from the 60-day disabled list and subsequently designated for assignment to open up a spot on the 40-man roster.

Anderson, 29, had been out since May 7 with a lower back strain. Across six starts prior to the injury, the lefty yielded 20 earned runs on 34 hits and 12 walks with 16 strikeouts in 22 innings. He has logged just 33 1/3 innings over the last two seasons and has crossed the 50-inning threshold just since dating back to 2011.

Despite his lengthy injury history, Anderson will likely still draw some interest once he becomes a free agent as he throws with his left hand and can be had for the major league minimum salary.

Dilson Herrera has season-ending surgery

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Reds infielder Dilson Herrera will undergo surgery to remove bone spurs from his right shoulder. His season is over.

Herrera, you may recall, was acquired from the Mets in the Jay Bruce trade last year. He played in 49 games for the Mets, but spent all of last year and this year in the minors. In parts of seven minor league seasons he’s hit .295/.357/.461 with 67 homers and 87 stolen bases in 631 games.

Herrera, one time a top-5 prospect of the Mets, was expected to play in the bigs this year, but hasn’t. He was expected to challenge for the starting second base job for the Reds next year, but that’s obviously in doubt now. The worst part: he’ll be out of minor league options next year, so the Reds will be pressured to either put him on the big league roster fresh off an injury or else risk losing him via waivers, which I suspect he’d be unlikely to clear.