New York Times: the Wilpons were warned that Madoff wasn’t a sound investment

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We may have actual legal documents from the case against the Wilpons as early as today, with both sides giving up all pretense of the conciliatory posture that occasioned the documents being sealed in the first place. The gloves are off and the bankruptcy trustee of the Madoff estate and the Wilpons are going at each other full-bore.

And the best thing about it for all of us is that each side has its own media operation: the New York Times is clearly getting passed information and spin from either the trustee himself or from someone sympathetic to his cause. The Daily News, in contrast, is clearly getting passed information and spin from either the Wilpons, their lawyers or from someone sympathetic to their cause. Unless you have a vested interest in the Mets or the Madoff debacle — and condolences to any of you who do — this is all great fun.

Today it’s the New York Times’ turn. Stung, it would seem, by being called lying extortionists by the Wilpons, Team Trustee provides the Times with some information that, if true, undercuts the Wilpons’ assertions that they were just as duped as anyone else by Bernie Madoff.

This comes in the form of a description of a lawsuit filed against the Wilpons last year by the widow of one of their former employees who lost a ton in their Madoff-invested 401K. In it she alleges that  multiple third parties — in one case the investment bank Merrill Lynch — made clear their concerns to Wilpon and his partner Saul Katz about investing with Madoff, yet they continued to invest with Madoff anyway, putting over 90% of the company’s 401K funs in Madoff securities.  The suit also alleges that Madoff had his own money invested with Wilpon’s company, thereby creating a conflict of interest on the part of the Wilpons when it came to deciding where the 401K money should go and how to invest it.

None of which is to say that the Wilpons were actively involved or even technically complicit in Madoff’s fraud. It’s merely to say that, unlike the other duped investors like Wayne Gretzky or Stephen Spielberg or whoever, the Wilpons were under totally different duties, subject to greater information and more closely-related to Madoff than anyone else who has been dragged into this case so far.  That’s what makes them different. That’s also what has them in the mess they’re in now.

I’m sure that the Daily News will counter this somehow. I’m sure a certain commenter who has been showing up in all the Wilpon threads will either echo those talking points or even have them before the Daily News does (uncanny, that!). Which is cool. All is fair in litigation and war. And, to be honest, I like the little back and forth we’ve been having in the comments section. Keeps everyone active and thinking.

But if the counter punch does come, it had better get a tad more refined. Because the more these allegations stack up — from disparate sources, not just the trustee — the less plausible the “Wilpon was totally blindsided by Madoff” line becomes.

And I’m not buying for a second that the Wilpons are in better shape now that settlement talks have broken down, which some are arguing. That’s simply ludicrous.  That is, unless you believe that having allegations splashed all over The Paper of Record that you screwed a widow out of her $300K retirement fund due to your negligence and conflict of interest to be a good thing. And unless you like your legal fees to shoot through the roof and your potential exposure to go from large-but-finite to “who the hell knows?”

And That Happened: Tuesday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Phillies 6, Dodgers 2: Rhys Hoskins drove in four. The first one came on an RBI single off of Yu Darvish in the sixth. The next three came in an epic at bat against Pedro Baez in the sixth in which Baez threw Hoskins ten straight fastballs in the high 90s. Baez got Hoskins to a full counts and Hoskins fouled off four straight pitches before delivering a bases-clearing double. The Phillies, one of baseball’s worst teams, have now beaten the Dodgers, the team with baseball’s best record, on two straight nights when they trotted their two best pitchers out to the mound in Clayton Kershaw and Darvish. This is why no one is a guarantee to do anything in the postseason, by the way. If a team like the Phillies can put you down 0-2 despite you going with your aces, anyone can. And if you’re down 0-2, there’s a great chance you’re not making it to the next round.

Red Sox 1, Orioles 0: Bupkis until Jackie Bradley Jr. scores on a Brad Brach wild pitch in the 11th inning for Boston’s second straight 11-inning win over the O’s in a row. Before all of that  Drew Pomeranz and Kevin Gausman tossed six and a third and eight innings, respectively, of shutout ball. Gausman, who retired the first 14 batters he faced, deserved better. Boston has won 10 of 13.The Orioles have lost 11 of 13.

Brewers 1, Pirates 0: Domingo Santana hit a solo home run off of Trevor Williams in the top of the fourth for the game’s only scoring. Chase Anderson tossed six shutout innings for Milwaukee, struck out eight and didn’t walk a batter. The Brewers won for the ninth time in 11 games and, because of the Rockies’ loss, are now only one game behind the Rockies for the second Wild Card.

Blue Jays 5, Royals 2: Marcus Stroman allowed one run over seven innings to snap a personal five-game winless streak. Darwin Barney drove in three, the first two coming on a two-run shot to open the game’s scoring. Alex Gordon hit baseball’s 5,694th home run in 2017 in the top of the eighth inning, setting a new single-season record.

Cardinals 8, Reds 7: Big night for Dexter Fowler, who hit a game-tying homer in the eighth inning and a go-ahead double in the 10th. He’d then come around to score on an error by the Reds to give the Cards a two-run margin, which was necessary given that Scooter Gennett hit a homer in the bottom of the tenth that would’ve otherwise tied the game again. Yadier Molina and Paul DeJong also homered for St. Louis.

Marlins 5, Mets 4: The Marlins rallied for three runs against their old friend A.J. Ramos in the ninth to tie things up and force extras and then J.T. Realmuto hit a walkoff solo homer in the bottom of the tenth. After the game Don Mattingly said that he knew they could get to Ramos:

“We’ve seen him have innings like that,” Mattingly said. “He gets himself in a little bit of a mix and usually gets out of those.”

Am I the only one getting the “dude talking smack about his ex-girlfriend after he sees her out with another guy but is trying not to sound upset” vibe here?

Cubs 2, Rays 1: Seven straight wins for the Cubs, this one as Joe Maddon makes his return to Tropicana Field for the first time since leaving the Rays for the Cubs. If this is also an ex-girlfriend thing, the Rays were much bigger men about it, giving Maddon a video tribute and all of that before the game. Maybe it’s more like the quintessential “California Divorce” where everyone stays friends and stuff. God, who does that? Anyway, Cubs starter Mike Montgomery took a no-hit bid into the sixth inning, Kyle Schwarber hit his 28th home run of the season.

Nationals 4, Braves 2: Max Scherzer allowed two runs on five hits over seven and struck out seven. Only seven? He must’ve been sick. He did cross the 250 strikeout threshold, however, and he did avenge last week’s loss, also to the Braves, in which he gave up seven runs. It’s the fourth straight year he has struck out at least 250 batters. he’s only the fourth pitcher to ever do that, following Ferguson Jenkins, Pedro Martinez and Randy Johnson. Nope, Nolan Ryan never did it. You can look it up. Ryan Zimmerman drove in two to give him 101 RBI on the year.

Astros 3, White Sox 1: Jose Altuve homered and drove in two and Alex Bregman hit an RBI double. Collin McHugh allowed one run over five and four relievers finished the job.

Yankees 5, Twins 2: CC Sabathia allowed Minnesota to load the bases on his first four pitches, including two bunt singles, which likely ticked him off. He got out of that jam and then worked from behind for a bit, but ultimately righted the ship and went six inning, allowing the two runs on six hits with one walk and five strikeouts. Brett Gardner drove in a couple. That’s nine of 11 for the Yankees. The Twins have lost four of five, but remain a game and a half ahead of the Angels who . . .

Indians 6, Angels 4: . . . lost to Cleveland. Everyone loses to Cleveland, though, right? That’s 25 of 26 wins for them, in fact. Jay Bruce had a triple and a double among his three hits and Austin Jackson singled four times. Mike Clevinger allowed one run over six.

Athletics 9, Tigers 8: The A’s were down 8-5 in the eighth when Jed Lowrie hit a go-ahead grand slam. The A’s were down by four runs at one point, in fact, but no lead is safe when you’re the Tigers. Oakland’s Matt Olson homered for the fifth straight game and has 15 dongs in his last 21 games. As I wrote yesterday, you really should be paying attention to this guy.

Rangers 3, Mariners 1: It was 1-1 in the eight following a Martin PerezMike Leake pitchers’ duel. That’s when Carlos Gomez hit a leadoff double, Shin-Soo Choo hit a sac fly to plate the go-ahead run and Elvis Andrus knocked in Delino DeShields with a single for some insurance. DeShields wasn’t just an innocent bystander, though. He reached on a bunt that put Will Middlebrooks, Gomez’s pinch-runner, on third and in position to score on Choo’s sac fly.

Padres 6, Diamondbacks 2: A.J. Pollock hit two homers, including a leadoff blast, but Padres starter Travis Wood settled down and allowed only the two runs over six innings. He also (all together now) drove in two runs himself on an RBI single in the bottom of the third to give the Padres a 5-1 lead.

Giants 4, Rockies 3: The Rockies held an early lead but the Giants tied it and won it with a walkoff sac fly from Hunter Pence. Fun thing about that: the Rockies were playing a five-man infield, leaving only two men in the outfield, so Pence’s fly ball had a really good chance of dropping for a hit. And, given that it was a walkoff situation, it made no difference to the outcome of the game whether the ball was caught or not. Carlos Gonzalez ran hard to catch it, though, almost certainly out of instinct, turning it into a sac fly instead. I picture Pence and Gonzalez on the dinner speech circuit one day, long after they retire, beefing or bragging about that play to the laughter of crowds.

Report: Blue Jays and Marco Estrada nearing agreement on contract extension

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Jon Morosi reports that the Blue Jays and starter Marco Estrada are nearing an agreement on a contract extension. The deal is expected to be for one guaranteed year, Morosi adds.

Estrada, 34, was set to become a free agent after the season. He earned $26 million on a two-year contract signed with the Jays in November 2015. While the right-hander has a subpar 4.84 ERA on the season, he has a solid 170/67 K/BB ratio in 176 2/3 innings and has looked much better since the end of July. Between July 31 and his most recent start on Saturday, Estrada owns a 3.75 ERA.

J.A. Happ is the only other starter technically under contract with the Jays next season. Marcus Stroman will be eligible for his second year of arbitration and the Jays will certainly agree to give him a raise on his $3.4 million salary for the 2017 season. The Jays will likely be active this offseason in adding rotation help and they’re starting early by locking up Estrada.