Fred Wilpon, Jeff Wilpon

Judge tosses all but two of the bankruptcy trustee’s claims against the Wilpons

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The judge has issued a ruling in the bankruptcy case involving the Fred Wilpon, Saul Katz and the Bernie Madoff fraud.  Full reports aren’t out yet, but it sounds like a bit of a mixed-bag, but generally good news for Wilpon and the Mets:

  • Good news for Wilpon and the Mets: all but two counts brought by the bankruptcy trustee, Irving Picard, have been dropped;
  • Bad news for Wilpon and the Mets: one of the two claims that remain — fraud — could, theoretically speaking, still leave them on the hook for a $1 billion liability, should the trustee prove his case;
  • Good news for Wilpon and the Mets: there appears to be a higher burden of proof placed on the trustee than he had originally sought in order to make such a recovery: he has to prove that “the defendants willfully blinded themselves to Madoff Securities’ fraud” as opposed to having to show that they could have been aware of it had they exercised good judgment.

There is still risk here, but the risk of the massive, Mets-killing award of $1 billion is much lower, because the trustee will have to show some serious bad acts on the Wilpons’ and Katz’s part in order to get there, not just that they were generally unaware.  And while, yes, there are many people who are skeptical that sophisticated business people like Wilpon and Katz had no reason to investigate Madoff’s investments further, there hasn’t been any suggestion that I’m aware of that they ignored actual evidence that a fraud was afoot and played the see-no-evil, hear-no-evil trick with respect to it.

So where does that leave things? Both sides seem to have risk here. The trustee has had most of his case blown away and, while there still exists the potential for a home run, it’s no sure thing at all. The Wilpons still have that giant potential liability there, but it’s not imminent. This is generally where parties to a big money suit take a step back and try to settle. It might be the best course for both parties here.

Rangers sign Carlos Gomez to a one-year, $11.5 million deal

ARLINGTON, TX - OCTOBER 07:  Carlos Gomez #14 of the Texas Rangers looks on in the seventh inning against the Toronto Blue Jays in game two of the American League Divison Series at Globe Life Park in Arlington on October 7, 2016 in Arlington, Texas.  (Photo by Scott Halleran/Getty Images)
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Ken Rosenthal of FOX Sports reports that the Rangers have signed outfielder Carlos Gomez to a one-year deal. Joel Sherman of the New York Post reports that Gomez will earn $11.5 million next season.

Gomez, 31, struggled with the Astros to a .594 OPS before the club released him in mid-August. The Rangers signed him shortly thereafter and were immediately rewarded. Gomez hit .284/.362/.543 with eight home runs and 24 RBI in 130 plate appearances through the end of the regular season.

As presently constructed, Gomez would likely take over in center field with Nomar Mazara handling left and Shin-Soo Choo in right.

Report: Diamondbacks close to signing Fernando Rodney

MIAMI, FL - AUGUST 24: Fernando Rodney #56 of the Miami Marlins celebrates after the game against the Kansas City Royals at Marlins Park on August 24, 2016 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
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Jon Heyman of FanRag Sports reports that the Diamondbacks are close to signing free agent reliever Fernando Rodney.

Rodney, 39, has been inconsistent over the past two seasons. This past season, he was lights-out with the Padres, posting a 0.31 ERA in 28 appearances. After the Marlins acquired him at the end of June, he struggled to a 5.89 ERA in 39 appearances.

Brad Ziegler, who closed for the Diamondbacks in the first half last season, went to the Red Sox in a midseason trade and is now a free agent. The Diamondbacks had six other relievers register a save, but only Daniel Hudson and Jake Barrett recorded more than one. Adding Rodney will give the club some stability in the ninth inning.