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.
There are breaking reports of a gunman outside Nationals Park in Washington who open fired during a career fair for concession workers at the ballpark.
Washington D.C. police have been dispatched. There are reports of at least one person injured after having been shot in the face. Police are advising people to avoid the South Capitol area and areas surrounding Nats Park.
More as we learn more.
There is a disturbing report out of the Dominican Republic, yet to be confirmed by police, but in wide circulation thanks to a series of tweets from Hall of Famer Pedro Martinez. The report: that looters encountered a still alive Yordano Ventura after his automobile accident, robbing of him his World Series ring and other possessions, before leaving him to die.
The report comes from Dominican Republic journalist Euri Cabral, who made the claim on a radio station. His comments were picked up by Martinez, who tweeted about it in Spanish. The tweets, collected and translated by the Royals Review blog:
“How outrageous to know that a life like Yordano’s could have been saved had it not been that they looted him the way he was looted . . . Now it is more painful to know that Yordano remained alive after the accident and instead of someone to help him, they robbed him and let him die . . . I hope an investigation will be carried out, because if there is any specific evidence of this, I would feel a great deal of shame for my country.”
As for the state of details which are currently confirmed, Rustin Dodd and Maria Torres of the Kansas City Star report that Ventura crashed his Jeep after leaving an annual festival, losing control and hitting a guardrail in a mountainous area in foggy conditions. Ventura was not wearing a seatbelt at the time and was ejected from the vehicle.
Ventura’s family is said to be pushing for further investigation and clarification as to Cabral’s claims. We will obviously followup with anything Dominican authorities say on the matter.