Fred Wilpon, Jeff Wilpon

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.

What’s on Tap: Previewing Tuesday’s action

DENVER, CO - JULY 20:  Starting pitcher Chris Archer #22 of the Tampa Bay Rays delivers to home plate during the third inning against the Colorado Rockies at Coors Field on July 20, 2016 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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Chris Archer will take the mound for the Rays on Tuesday night at Dodger Stadium, opposing Dodgers right-hander Bud Norris in a 10:10 PM EDT start. It’s convenient that what could be Archer’s final start could be right in front of the team with which he eventually lands.

A rival executive told ESPN’s Jayson Stark last week that he believes there’s a “70 percent” chance Archer winds up with the Dodgers. It makes sense, as Archer is arguably the best pitcher — current won-lost record and ERA aside — available heading into the August 1 non-waiver trade deadline. The Dodgers need an impact pitcher if the club is to keep pace in the NL West and the NL Wild Card races. Entering Tuesday’s action, the Dodgers are 56-44, 2.5 games behind the first-place Giants and holding the first of two Wild Card slots.

The Dodgers, notably, are without Clayton Kershaw, who is dealing with mild disk herniation in his lower back and may require surgery. Hyun-Jin Ryu landed on the disabled list earlier this month after making his only start of the season. Alex Wood underwent an elbow procedure recently and may rejoin the team in mid- to late-September.

Archer is 5-13, with the 13 losses leading all major league starters. He also has an uninspiring 4.60 ERA, but his total of 147 strikeouts is best in the American League. ERA retrodictors like FIP, xFIP, and SIERA believe Archer is anywhere from much better to significantly better than his ERA indicates.

Not that the Dodgers are pinching pennies, but Archer is also relatively affordable through as late as 2021. He’s earning $2.75 million this season, $4.75 in 2017, 6.25 million in ’18, and $7.5 million in ’19. He also has a $9 million club option for 2020 with a $1.75 million buyout and an $11 million club option for ’21 with a $250,000 buyout.

The rest of Tuesday’s action…

St. Louis Cardinals (Carlos Martinez) @ New York Mets (Noah Syndergaard), 4:05 PM EDT [Game One]

St. Louis Cardinals (Jaime Garcia) @ New York Mets (Bartolo Colon), TBD [Game Two]

Colorado Rockies (Chad Bettis) @ Baltimore Orioles (Chris Tillman), 7:05 PM EDT

Seattle Mariners (Felix Hernandez) @ Pittsburgh Pirates (Francisco Liriano), 7:05 PM EDT

San Diego Padres (Andrew Cashner) @ Toronto Blue Jays (Marcus Stroman), 7:07 PM EDT

Chicago Cubs (Kyle Hendricks) @ Chicago White Sox (James Shields), 7:10 PM EDT

Detroit Tigers (Mike Pelfrey) @ Boston Red Sox (Steven Wright), 7:10 PM EDT

Philadelphia Phillies (Jerad Eickhoff) @ Miami Marlins (Tom Koehler), 7:10 PM EDT

Washington Nationals (Gio Gonzalez) @ Cleveland Indians (Danny Salazar), 7:10 PM EDT

Oakland Athletics (Sonny Gray) @ Texas Rangers (Nick Martinez), 8:05 PM EDT

Arizona Diamondbacks (Patrick Corbin) @ Milwaukee Brewers (Matt Garza), 8:10 PM EDT

Atlanta Braves (Lucas Harrell) @ Minnesota Twins (Ervin Santana), 8:10 PM EDT

New York Yankees (CC Sabathia) @ Houston Astros (Doug Fister), 8:10 PM EDT

Los Angeles Angels (Tyler Skaggs) @ Kansas City Royals (Dillon Gee), 8:15 PM EDT

Cincinnati Reds (Cody Reed) @ San Francisco Giants (Matt Cain), 10:15 PM EDT

Cardinals place Trevor Rosenthal on the disabled list

ST. LOUIS, MO - JUNE 18: Closer Trevor Rosenthal #44 of the St. Louis Cardinals pitches against the Texas Rangers in the ninth inning at Busch Stadium on June 18, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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The Cardinals have placed reliever Trevor Rosenthal on the 15-day disabled list with inflammation in his right shoulder, MLB.com’s Jenifer Langosch reports. The club recalled Dean Kiekhefer from Triple-A Memphis.

Thus continues a terrible 2016 for Rosenthal, who lost his grip on the closer’s role last month. The right-hander has recorded the save in 14 of 18 chances with a 5.13 ERA and a 48/27 K/BB ratio in 33 1/3 innings. Seung-hwan Oh has handled save situations  for the Cardinals in July.

As the Cardinals are playing a doubleheader against the Mets on Tuesday, the club also recalled Sam Tuivailala to serve as the 26th man on the roster.