Fred Wilpon, Jeff Wilpon

The Wilpons test their defense in the pages of the Daily News

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As has become standard practice, the day after the New York Times says something bad about the Wlipons/Madoff case, the New York Daily News has a story — sourced, quite clearly, by Wilpon’s lawyers — endeavoring to counter it.  Today’s story: explaining the Wilpon defense.

And that defense:  “hey, if the Securities and Exchange Commission had no clue that Madoff was a fraudster, how on Earth could the Wilpons be said to have “known or should have known” that things weren’t on the up-and-up?”

And you know what? That defense has some surface appeal.  It’s the SEC’s job to sniff out such frauds. If they can’t do it, why should the Wilpons be expected to?  But here’s my problem with it, provided by Daily News itself:

In attacking the SEC, the Wilpons are echoing the claims in a civil suit brought against the commission in 2009 by Phyllis Molchatsky and Steven Schneider, two alleged Madoff victims who claim the SEC’s “negligence, incompetence, inexperience, inattentiveness and laziness” is to blame for the epic scandal.

“For at least 16 years, the SEC’s failure to follow basic investigative procedures and practices, or even to observe simple common sense, allowed Madoff to perpetuate his scheme, drawing in innumerable new victims who were totally unaware that the government agency sworn to protect them had fallen down on the job,” their suit says.

As lawyers annoyingly say sometimes, that argument proves too much.  It’s one thing to say that the SEC was itself hoodwinked and unable to uncover Madoff’s crimes, which is how a defense attorney unrelated to the Wilpons characterizes the defense in the story.  If that’s the case — if the SEC, using all of its investigative powers and native experience and intelligence hit a dead end — of course the Wilpons shouldn’t have been expected to do better. But it’s another thing altogether to say the SEC didn’t even try and was epically incompetent, and thus the Wilpons should be judged by that standard too.

Indeed, the other side of the accusations in that above quote is that anyone who “was able to observe simple common sense” or anyone who wasn’t “negligent, incompetent, inexperienced, inattentive or lazy” could have figured Maddof’s fraud out. Just because the federal agency charged with looking into Madoff was utterly incompetent doesn’t mean that reasonable, sophisticated investors with better information at their disposal about Bernie Madoff than the SEC had shouldn’t have been expected to do the basic kinds of due diligence the Wilpons are accused of not doing.

Put differently, if the city cop on the corner “fell down on the job,” people on the street aren’t permitted to break the law and can’t point to the face-down cop as a defense when the more attentive county sheriff comes to arrest them.  People still have a duty to act in a reasonable manner and behave the way the law expects them.

I’d have a lot more faith in the Wilpons’ defense if it was the SEC going after them. Because, yeah, it would take a lot of nerve for the SEC to say “you should have done better than us.”  But it’s not the SEC going after the Wilpons. It’s a trustee appointed to represent the interest of people who were wronged by Madoff. His claim isn’t that the Wilpons should have done better than the SEC. It’s that the Wilpons should have done better than the did based on the information they had at their disposal.  As such, pointing at the SEC as their defense doesn’t totally do it for me.

Cubs, Jake Arrieta to discuss contract extension in January

CHICAGO, IL - AUGUST 29: Jake Arrieta #49 of the Chicago Cubs scratches his beard as he walks back to the dugout at the end of sixth inning after giving up a three run home run to Gregory Polanco #25 of the Pittsburgh Pirates (not pictured) at Wrigley Field on August 29, 2016 in Chicago, Illinois.  (Photo by Jon Durr/Getty Images)
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Per ESPN’s Jesse Rogers, Jake Arrieta‘s agent Scott Boras says they’ll discuss a potential contract extension with the Cubs when they meet in January to hammer out arbitration figures.

Arrieta, 30, is entering his third and final year of arbitration eligibility after earning $10.7 million in 2016. The right-hander followed up his Cy Young Award-winning 2015 campaign by going 18-8 with a 3.10 ERA and a 190/76 K/BB ratio in 197 1/3 innings during the regular season. Arrieta pitched well in the postseason, helping the Cubs win their first World Series since 1908.

While Boras clients tend to go to free agency, it’s not always the case. Stephen Strasburg inked a seven-year, $175 million extension with the Nationals earlier this year.

Report: Koji Uehara close to signing with the Cubs

BOSTON, MA - OCTOBER 10:  Koji Uehara #19 of the Boston Red Sox pitches in the eighth inning against the Cleveland Indians during game three of the American League Divison Series at Fenway Park on October 10, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Evan Drellich of the Boston Herald reports, citing a source as well as Nikkan Sports, that reliever Koji Uehara is close to signing a one-year, $4.5 million deal with the Cubs.

Uehara, 41, finished the 2016 season with a 3.45 ERA and a 63/11 K/BB ratio over 47 innings. He missed some time in the second half with a strained right pectoral muscle. When Uehara returned from the disabled list on September 7, he tossed 11 scoreless innings with 12 strikeouts and two walks through the end of the regular season. So there’s at least some evidence, albeit in a very small sample size, that Uehara has stuff left in the tank.

The Cubs recently acquired closer Wade Davis from the Royals. Uehara would join Hector Rondon, Pedro Strop, Carl Edwards, Jr., Justin Grimm, and Mike Montgomery in what is once again a very deep bullpen.