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.

Dominican Journalist Reports that Yordano Ventura was robbed as he lay dying

CHICAGO, IL - MAY 22:  Starting pitcher Yordano Ventura #30 of the Kansas City Royals delivers the ball against the Chicago White Sox at U.S. Cellular Field on May 22, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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There is a disturbing report out of the Dominican Republic, yet to be confirmed by police, but in wide circulation thanks to a series of tweets from Hall of Famer Pedro Martinez. The report: that looters encountered a still alive Yordano Ventura after his automobile accident, robbing of him his World Series ring and other possessions, before leaving him to die.

The report comes from Dominican Republic journalist Euri Cabral, who made the claim on a radio station. His comments were picked up by Martinez, who tweeted about it in Spanish. The tweets, collected and translated by the Royals Review blog:

“How outrageous to know that a life like Yordano’s could have been saved had it not been that they looted him the way he was looted . . . Now it is more painful to know that Yordano remained alive after the accident and instead of someone to help him, they robbed him and let him die . . . I hope an investigation will be carried out, because if there is any specific evidence of this, I would feel a great deal of shame for my country.”

As for the state of details which are currently confirmed, Rustin Dodd and Maria Torres of the Kansas City Star report that Ventura crashed his Jeep after leaving an annual festival, losing control and hitting a guardrail in a mountainous area in foggy conditions. Ventura was not wearing a seatbelt at the time and was ejected from the vehicle.

Ventura’s family is said to be pushing for further investigation and clarification as to Cabral’s claims. We will obviously followup with anything Dominican authorities say on the matter.

Cubs sign Brett Anderson to a $3.5 million deal

Brett Anderson
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Ken Rosenthal of FOX Sports reports that the Cubs have signed pitcher Brett Anderson to a contract, pending a physical. Anderson, apparently, impressed the Cubs during a bullpen session held in Arizona recently. According to Jeff Passan of Yahoo Sports, the deal is for $3.5 million, but incentives can bring the total value up to $10 million.

Anderson, 28, has only made a total of 53 starts and 12 relief appearances over the past five seasons due to a litany of injuries. This past season, he made just three starts and one relief appearance, yielding 15 runs on 25 hits and four walks with five strikeouts in 11 1/3 innings. The lefty dealt with back, wrist, and blister issues throughout the year.

When he’s healthy, Anderson is a solid arm to have at the back of a starting rotation or in the bullpen. The defending world champion Cubs aren’t risking much in bringing him on board.