Fred Wilpon, Jeff Wilpon

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


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.

Major League Baseball will investigate Yasiel Puig for his role in Miami nightclub brawl

Yasiel Puig
AP Photo/Lenny Ignelzi

It was reported on Friday afternoon that Dodgers outfielder Yasiel Puig was involved in a brawl at a Miami nightclub. Details were scant at the time, but he reportedly left with a bruise on his face.

Dylan Hernandez of the Los Angeles Times reports that Major League Baseball plans to investigate Puig under the league’s new domestic violence policy for his role in the brawl. Citing a report from TMZ, Hernandez notes that Puig shoved his sister, “brutally sucker-punched” the manager of the bar, and instigated the brawl.

The Dodgers and Puig’s agent have thus far refused to comment on the situation.

Rockies shortstop Jose Reyes was the first player to be investigated under the league’s new domestic violence policy earlier this month, as he allegedly assaulted his wife. Reyes has pleaded not guilty after he was charged with domestic abuse in Hawaii.

As our own Craig Calcaterra pointed out, commissioner Rob Manfred does not need to wait for Puig to plead guilty or to be found guilty to levy a punishment.

Dayan Viciedo close to signing with Japan’s Chunichi Dragons

Dayan Viciedo
AP Photo/Carlos Osorio
Leave a comment

Patrick Newman is reporting that the Chunichi Dragons of Japan’s Nippon Professional Baseball and outfielder Dayan Viciedo are close to an agreement on a contract. Newman notes that the Dragons are close to signing pitcher Jordan Norberto as well.

Viciedo, 26, has struggled since making his major league debut in 2010 with the White Sox, batting an aggregate .254/.298/.424 with 66 home runs and 211 RBI in 1,798 plate appearances. He spent the 2015 season with Triple-A Charlotte (White Sox) and Nashville (Athletics), hitting a composite .287/.348/.450. While Viciedo can hit the occasional home run, he hasn’t shown the ability to do much else at the big league level. Given his age, he could prove himself in Japan and parlay that into a renewed shot in the majors in the future.

The White Sox signed Viciedo out of Cuba in December 2008, agreeing to a four-year, $10 million deal. The club re-signed him to one-year deals in 2013 and ’14 for $2.8 million each and $4.4 million ahead of the 2015 season.

Blue Jays sign J.A. Happ to a three-year, $36 million contract

J.A. Happ
AP Photo/David Zalubowski

Update (8:45 PM EST): Per Sportsnet’s Shi Davidi, Happ will get $10 million in 2016 and $13 million each in 2017 and ’18.

*’s Gregor Chisholm reports that the Blue Jays have signed lefty J.A. Happ to a three-year deal worth $36 million.

Happ, 33, had a rebirth as a member of the Pirates last season after starting the season with 20 subpar starts with the Mariners. He made 11 starts for the Buccos, boasting a 1.85 ERA with a 69/13 K/BB ratio over 63 1/3 innings.

Travis Sawchik of the Pittsburgh Tribune-Review reported this past August that Happ’s newfound success had to do with a delivery tweak suggested by Pirates pitching coach Ray Searage. The Blue Jays are certainly hoping that adjustment is the full explanation for his success.

The Jays’ signing of Happ most likely signifies they won’t be pursuing free agent lefty David Price.

This will be Happ’s second stint with the Blue Jays. The Astros dealt him to Toronto in a July 2012 trade. He posted a 4.39 ERA with a 256/113 K/BB ratio in 291 innings with the Jays, then went to the Mariners in a trade this past December that brought outfielder Michael Saunders to the Jays.

Orioles “searching everywhere” for outfield help

L.J. Hoes
AP Photo

CSN Mid-Atlantic’s Rich Dubroff reports that the Orioles are “searching everywhere” for outfield help. The club recently acquired L.J. Hoes from the Astros in exchange for cash considerations, throwing him into a stable of six outfielders that could potentially crack the Opening Day Roster.

Adam Jones, of course, will open the season in center field. But in the corner outfield and on the bench, Dubroff lists Hoes along with Dariel Alvarez, Junior Lake, David Lough, Nolan Reimold and Henry Urrutia. Both Lough and Reimold are eligible for arbitration — Lough for the first time, and Reimold for his third and final year — so it remains to be seen if the Orioles will retain both of them.

The Orioles could target outfield help in the Rule-5 draft, and they could also target outfielders in free agency. Gerardo Parra, acquired by the O’s in a trade with the Brewers at the trade deadline, remains a possibility but the team is reluctant to offer him more than two years.