Wilpon and Katz fire back. Which provides an opportunity for perspective.

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Sticking with the legal beat, Fred Wilpon, Saul Katz and the Mets fired back at the bankruptcy trustee in the Madoff case yesterday, filing a 94-page brief  (a copy of which is available at their website if you’re curious) accusing Irving Picard of — and there’s really no other way to put this — of being a liar:

“After months of leaks, false accusations and withholding of evidence, we can finally legally respond to the work of fiction created by the trustee. Let us be very clear: we did not know that Madoff was engaged in a fraud. There were no red flags and we received no warnings.”

That wasn’t in the brief actually. That was an official statement which came in a lengthy email which contained an outline of the “false allegations” from Picard rebutted with “the facts” as seen by Wilpon, Katz and the Mets, set out in clear and plain terms for media consumption by someone at the Abernathy MacGregor Group, Inc., who are handling the Wilpons’ “strategic communications.”  Someone spent a lot of time on it.

I mentioned in Friday’s post that I got Wilpon’s last statement from his P.R. people too. I’m quite tickled, actually, that the obviously sophisticated P.R. machine of the Wilpons saw fit to include me in their propaganda efforts.  It’s likewise amusing to me that the relatively primitive P.R. operation of the bankruptcy trustee — who relies on more austere press releases and not mini-legal briefs like Wilpon’s P.R. firm cranks out — is still winning the P.R. battle as far as I can tell. Most people, rightly or wrongly, are assuming that Wilpon and the Mets are screwed. It has me wondering exactly why that is this morning.

This is a highly complex case involving some very technical and rather esoteric areas of law and a lot of financial data to which we’re either not privy or, even if we are, isn’t easily understood or interpreted. At trial it will require tons of expert testimony for a jury to figure out if Picard is right or if Wilpon and Katz are. I have a legal degree and 11 years of experience, but in this kind of case I and most lawyers who lack bankruptcy law experience would be malpractice on wheels. Yet so many — even those who couldn’t define the terms “hedge fund,” “fraudulent transfer” or who have never encountered the term “bankruptcy” outside of a game of Monopoly — are sure that they have a handle on it.

And on some level I get that. Assuming the worse about things involving the Mets is almost hard-wired in people these days.  Anyone who was friendly with a criminal like Madoff tends to become the subject of suspicion among most people. And while we like to pretend that we live in a classless society, ignoring the distrust and disdain between rich and poor (and poor and rich) is rather silly.  You put the Mets, the Wilpon-Madoff relationship and some good old fashioned class resentment in a pot and you’re bound to have something like the environment which currently exists begin to simmer.

But it doesn’t get us any closer to the truth, and anyone who isn’t neck-deep in this case — which includes everyone but the lawyers for the parties at this point — doesn’t know enough to say highly intelligent things about where the case is headed. We can (as I have) say that it’s much better to not have this suit pending against you if you’re Wilpon than to have it pending against you. We can make some general assumptions about what it could all mean if the case goes bad for them.  We can voice skepticism about one claim or defense or another in a manner that stops short of certainty.  Beyond that, however, we’re just guessing. Or else we’re being taken for a ride by the people who issue those press releases and who send those emails.

My interest in covering this is because it has implications for the Mets, so I’m going to continue to cover it.  But I’m not going to get into the business of regurgitating the details of the press releases of the trustee or the emails from the Wilpons’ P.R. firm.  Some overview and a juicy quote or two is where I’m going to draw the line.  I’d urge you as readers to not get too hung up on these details yourselves. Partially because it’s pretty depressing business. But mostly because there isn’t much out there at the moment that isn’t being pushed by someone with a public relations agenda. Give me a judge’s ruling over bullet-pointed and spoon-fed talking points.

Besides. Baseball games that count start in just over a week, and that’s a way better pursuit on which to spend one’s energies.

The umps have dropped their Ian Kinsler protest

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Over the weekend the World Umpires Association — the umpire’s union —  launched a protest in response to what it feels is Major League Baseball’s failure to adequately address the “escalating attacks” on the men in blue. They were specifically upset that Ian Kinsler didn’t get suspended for his remarks in which he said that Angel Hernandez should get out of the umpiring business because he’s terrible. Apparently to umpires truth is no defense. In any event, they wore white wristbands Saturday night as a sign of solidarity or whatever.

Now that’s over, it seems. At least for the time being. The Association released this statement yesterday afternoon:

“Today, WUA members agreed to the Commissioner’s proposal to meet with the Union’s Governing Board to discuss the concerns on which our white wristband protest is based. We appreciate the Commissioner’s willingness to engage seriously on verbal attacks and other important issues that must be addressed. To demonstrate our good faith, MLB Umpires will remove the protest white wristbands pending the requested meeting.”

As many noted over the weekend — most notably Emma Span of Sports Illustrated — this protest was, at best, tone deaf. While officials are, obviously, due proper respect, a player jawing at an umpire is neither unprecedented nor very serious compared to, well, almost anything that goes on in the game or in society. At a time when people are literally taking to the streets to protest white supremacy, Neo-Nazis and the KKK, asking folks to spare thoughts for some people who sometimes have to take guff over ball and strike calls is not exactly a cause that is going to draw a ton of sympathy. And that’s before you address the fact that the umpires are not innocent when it comes to stoking the animosity between themselves and the players.

I wouldn’t expect to hear too much more out of this other than, perhaps, a relatively non-committal statement from Major League Baseball and a relatively detail-free declaration of victory by the umpires after their meeting.

 

Minor league teams prepare for a “total eclipse of the park”

Salem Volcanoes
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The Salem-Keizer Volcanoes are a class-A affiliate of the San Francisco Giants. Today, the path of totality of the big solar eclipse we’re not supposed to look at will pass right through the ballpark in which they play. What’s better: the Volcanoes are playing a game against the Hillsboro Hops as it happens.

This was by design: the team’s owner requested this home game when the schedule was made up two years ago specifically to market the heck out of the eclipse. They’re starting the game at 9:30 this morning, Pacific time, in order to maximize the fun. Spectators will receive commemorative eclipse safety glasses to wear. The game will be delayed when the eclipse hits and a NASA scientist named Noah Petro, who is from the area, will talk to the crowd about what is going on.

Salem-Keizer isn’t the only minor league game affected, by the way. There are six games in all which will feature a “total eclipse of the park.” Turn around, bright eyes.

There are no home MLB games going on in the path of totality, but MLB has put together a helpful guide in order to maximize your baseball and eclipse pleasure. If you line up some good beer with that you’l have your very own national pastime syzygy.