Fred Wilpon, Jeff Wilpon

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

26 Comments

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.

James Shields lasts only 2 2/3 innings, gives up 10 runs to the Mariners

SEATTLE, WA - MAY 31:  Starting pitcher James Shields #33 of the San Diego Padres pitches against the Seattle Mariners in the first inning at Safeco Field on May 31, 2016 in Seattle, Washington.  (Photo by Otto Greule Jr/Getty Images)
Otto Greule Jr/Getty Images
1 Comment

James Shields has had better afternoons. The Padres’ starter couldn’t make it out of the third inning on Tuesday, ultimately serving up 10 runs on eight hits and four walks with one strikeout in 2 2/3 innings. The Mariners plated one run in the first inning, six in the second, and three in the third against Shields.

The runs came via, in order: a Kyle Seager RBI single, a bases loaded walk to Robinson Cano, a Nelson Cruz two-run single, a three-run Seager home run, and a three-run Seth Smith home run. Things continued to get worse once Shields left, as reliever Luis Perdomo gave up a two-run home run to Franklin Gutierrez in the fourth to make it 12-0. In the fifth, Smith homered again with the bases empty, and Adam Lind later drilled a three-run shot, pushing the score to 16-0.

The White Sox were reportedly discussing a trade involving Shields with the Padres as recently as Sunday. Shields entered Tuesday’s start with a 3.06 ERA and a 56/23 K/BB ratio in 64 2/3 innings. Presumably, a team wouldn’t let one start affect its interest in a player, but Shields’ outing certainly doesn’t help.

Atlanta Braves trade reliever Jason Grilli to the Toronto Blue Jays

ATLANTA, GA - MAY 28: Jason Grilli #39 of the Atlanta Braves throws an eighth inning pitch against the Miami Marlins at Turner Field on May 28, 2016 in Atlanta, Georgia. (Photo by Scott Cunningham/Getty Images)
5 Comments

Multiple reporters including Robert Murray of Baseball Essential, Mark Bowman of MLB.com and David O’Brien of the Atlanta Journal-Constitution report that the Atlanta Braves are trading reliever Jason Grilli to the Toronto Blue Jays for a prospect. Murray says the prospect is minor league reliever Sean Ratcliffe

Grilli is having a subpar year but was a more or less effective closer last season. For 2016 he’s got a 5.29 ERA in 21 appearances and has a K/BB ratio of 23/13 in 17 innings. Nice strikeout total, but oof those walks. Last year he saved 24 games for a bad Braves team and posted a 2.94 ERA, struck out batters at the same rate and walked many fewer. Maybe a change of scenery and an adjustment would do him good.

Ratcliffe was an 18th round pick in 2013 for Toronto. He has only played in rookie ball and low A. He hasn’t pitched yet in 2016. Nothing in his previous three seasons shouts “great prospect” but you never know.

Jose Bautista: Rougned Odor “tried a hundred percent to hit me in the face.”

ARLINGTON, TX - MAY 15:  Adrian Beltre #29 of the Texas Rangers holds Jose Bautista #19 of the Toronto Blue Jays after being punched by Rougned Odor #12 in the eighth inning at Globe Life Park in Arlington on May 15, 2016 in Arlington, Texas.  (Photo by Ronald Martinez/Getty Images)
Ronald Martinez/Getty Images
7 Comments

Blue Jays outfielder Jose Bautista is still convinced that Rangers second baseman Rougned Odor was “looking for a fight” on May 15, when the two teams butted heads at Globe Life Park. Bautista also believes he deserves credit for not hurting Odor.

Ostensibly, the Rangers were still salty about Bautista’s bat flip during the ALDS last year. In the last game of the series — and the clubs’ last regular season meeting — on May 15, pitcher Matt Bush hit Bautista in the ribs with a fastball. When Justin Smoak hit a ground ball prime for a double play attempt, Bautista slid hard into Odor receiving the feed at second base. Odor then punched Bautista cleanly in the face, and the benches emptied.

Tom Verducci of Sports Illustrated has the quotes:

“Was [Odor] out to play baseball that day? Maybe partly,” Bautista told Verducci. “Part of me also thinks that he was looking for a fight.”

[…]

“I could have hit him,” Bautista said. “I could have hurt him. I chose not to. My cleats were down. I slid through the bag. Was it late? Yes, a hundred percent. But what can I do after they hit me? Should I ask my manager to let me pitch, which he is never going to let me do? Like, what am I supposed to do? Just sit there and take it?”

[…]

“I’ve been playing baseball for a long time,” Bautista said. “I know exactly what he was trying to do when he threw the ball. He tried a hundred percent to hit me in the face. And it’s not the first time he’s done it against me or some of my teammates. And there’s video to prove that.”

Bautista received a one-game suspension which was upheld upon review. Odor’s eight-game suspension was reduced to seven games which Bautista believes was “unfounded” and “unfair.”

What’s on Tap: Previewing Tuesday’s action

WASHINGTON, DC - MAY 25: Starting pitcher Steven Matz #32 of the New York Mets works the first inning against the Washington Nationals at Nationals Park on May 25, 2016 in Washington, DC. (Photo by Patrick Smith/Getty Images)
Patrick Smith/Getty Images
Leave a comment

Welcome back to normalcy. Most of us were treated to a three-day holiday weekend for Memorial Day. Hopefully you spent it doing what makes you happy.

We have two afternoon starts today between the Astros and Diamondbacks, and the Padres and Mariners. The focus tonight will be on the fading White Sox, losers of seven consecutive games. They lost three out of four to the Indians, were swept by the Royals in heartbreaking fashion, and lost Monday’s series opener to the Mets behind seven shutout frames from the struggling Matt Harvey.

In tonight’s 7:05 game at Citi Field, the White Sox have to contend with Steven Matz, who has been nothing short of brilliant in eight starts this season. The lefty owns a 2.36 ERA with a 50/9 K/BB ratio in 49 2/3 innings. In a rotation that has heavy star power in Harvey, Noah Syndergaard, and Jacob deGrom, it’s easy to overlook Matz. Meanwhile, the White Sox will counter with Mat Latos. Latos got off to a great start, putting up a 0.74 ERA over his first four starts. In the five starts since, however, has a 7.09 ERA. The advanced stats made Latos’ fall to earth easy to predict — overall, he has a rather unimpressive 26/18 K/BB ratio — but he was giving the White Sox rotation longevity after Chris Sale and Jose Quintana.

The rest of Tuesday’s action…

Texas Rangers (Colby Lewis) @ Cleveland Indians (Corey Kluber), 6:10 PM EDT

Boston Red Sox (Eduardo Rodriguez) @ Baltimore Orioles (Kevin Gausman), 7:05 PM EDT

Washington Nationals (Joe Ross) @ Philadelphia Phillies (Aaron Nola), 7:05 PM EDT

New York Yankees (CC Sabathia) @ Toronto Blue Jays (J.A. Happ), 7:07 PM EDT

Pittsburgh Pirates (Gerrit Cole) @ Miami Marlins (Jose Fernandez), 7:10 PM EDT

San Francisco Giants (Jake Peavy) @ Atlanta Braves (Matt Wisler), 7:10 PM EDT

Los Angeles Dodgers (Scott Kazmir) @ Chicago Cubs (Jake Arrieta), 8:05 PM EDT

St. Louis Cardinals (Mike Leake) @ Milwaukee Brewers (Wily Peralta), 8:10 PM EDT

Tampa Bay Rays (Drew Smyly) @ Kansas City Royals (Dillon Gee), 8:15 PM EDT

Cincinnati Reds (Jon Moscot) @ Colorado Rockies (Jon Gray), 8:40 PM EDT

Detroit Tigers (Anibal Sanchez) @ Los Angeles Angels (Hector Santiago), 10:05 PM EDT

Minnesota Twins (Tyler Duffey) @ Oakland Athletics (Eric Surkamp), 10:05 PM EDT