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.

Baseball Hall revamps veterans’ committees

Cooperstown
Associated Press
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COOPERSTOWN, N.Y. (AP) Baseball’s Hall of Fame has again revamped its veterans’ committees, attempting to increase consideration for more contemporary players, managers, umpires and executives.

Under the change announced Saturday by the Hall’s board of directors, there will be separate committees for Today’s Game (1988-2016), Modern Baseball (1970-87), Golden Days (1950-69) and Early Baseball (1871-1949). Today’s Game and Modern Baseball will vote twice every five years, Golden Days once every five years and Early Baseball once every 10 years.

“There are twice as many players in the Hall of Fame who debuted before 1950 as compared to afterward, and yet there are nearly double the eligible candidates after 1950 than prior,” Hall chair Jane Forbes Clark said in a statement. “Those who served the game long ago and have been evaluated many times on past ballots will now be reviewed less frequently.”

Today’s Game will vote in 2016, `18, `21, and `23, and Modern Baseball in 2017, `19, `21 and `23. Golden Days will vote in 2020 and `25, and Early Baseball in 2020 and `30. The Hall’s Historical Overview Committee will decide which committee will consider those who span eras, based on the time or place of their most indelible impression.

Since 2010, the Hall had established three veterans committees: Pre-Integration Era (1871-1946), Golden Era (1947-72) and Expansion Era (1973-2016). No one was elected by the Pre-Integration Era committee in December.

In addition, the Hall eliminated the one-year waiting period between a player’s last appearance on the Baseball Writers’ Association of America ballot and his veterans committee debut for consideration. The Hall also said active executives 70 or older may be given consideration, up from 65.

Committees will remain at 16 people, with a vote of at least 75 percent needed for election. The ballot size will be 10 for each committee; it had been 12 for Expansion Era and 10 for the others.

The BBWAA votes on players who have been retired for at least five years and no more than 15. Ken Griffey Jr. and Mike Piazza are to be inducted Sunday.

The Hall also changed some of the rules for the Ford C. Frick Award, presented annually to a broadcaster for “major contributions to baseball.” The committee making the annual decision will consider a three-year cycle of Current Major League Markets (team-specific announcers) for the 2017 award, National Voices for 2018 and Broadcasting Beginnings (early team voices and pioneers) for 2019.

Since 2013, the Frick’s three-year cycle had been High Tide Era (mid-1980s to present), Living Room Era (mid-1950s to mid-1980) and Broadcasting Dawn Era (before mid-1950s).

The criteria will be “commitment to excellence, quality of broadcasting abilities, reverence within the game, popularity with fans, and recognition by peers” instead of “longevity; continuity with a club; honors, including national assignments such as the World Series and All-Star Games; and popularity with fans.”

The Frick ballot size will be reduced from 10 to eight, and the three ballot spots previously determined by fan voting will be decided by historians.

Ozzie Smith, inducted to the Hall in 2002, was voted to the Hall’s board of directors.

Red Sox analyst Remy struck by monitor as wind causes havoc

ramirez
AP Photo
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BOSTON — Red Sox TV analyst Jerry Remy was hit in the head by a falling TV monitor as swirling winds caused havoc during the first inning at Fenway Park.

Remy was sent home from Boston’s game Saturday night against the Minnesota Twins but is expected back Sunday. Former player Steve Lyons, also an analyst during some games, came in for Remy.

The strong winds made for an interesting first.

Minnesota’s Robbie Grossman hit a fly that appeared headed for center, but a gust blew it to right, sending right fielder Michael Martinez twisting as the ball fell for a triple.

There were a handful of stoppages as dirt and litter swirled around the field. Batters stepped out to wipe their eyes and Red Sox first baseman Hanley Ramirez headed to the dugout to have a trainer help him clear his left eye.