braun getty

2013 Preview: Why Ryan Braun, Alex Rodriguez and other big stars could face suspension this season

70 Comments

As we approach Opening Day, HarballTalk will be spending the next few days previewing all 30 teams, all six division races and looking ahead at the major issues and storylines which will impact the 2013 season. This morning we look at the Biogenesis scandal, which could lead to the suspension of several high-profile players.

Some of baseball’s biggest stars including Ryan Braun, Alex Rodriguez, Nelson Cruz, Gio Gonzalez, Yasmani Grandal, Bartolo Colon and many, many more enter the 2013 season under a cloud. Or a threat, if you will.  The threat of suspension for their association with a now-closed Miami clinic called Biogenesis, which is alleged to have supplied these players and as many as 90 more with testosterone, human growth hormone and other performance enhancing drugs which violate baseball’s rules against performance enhancing drugs. It is unknown if those suspensions will come. It is unknown when. But all teams with a player named in the documents of the Biogenesis clinic face uncertainty as Opening Day approaches.

The Biogenesis news broke in late January, when it was reported by multiple outlets that Major League Baseball was investigating the clinic and its operator, Anthony Bosch, under the suspicion that the clinic represented “ground zero” for performance enhancing drugs in Florida, where a disproportionate number of major leaguers grew up, played amateur and college baseball or where they currently make their offseason homes. On January 29, the Miami New Times obtained and published a large portion of the Biogenesis clinic’s records which contained the names of several major leaguers accompanied in many cases by notations which suggested that the players were given performance enhancing drugs. The documents were not conclusive of any player’s use and, in some cases — like with Nationals pitcher Gio Gonzalez — no connection could be found between the player and any substances which are banned by Major League Baseball.

source: APImmediately after the Miami New Times report came out all of the players involved either denied any involvement with Biogenesis whatsoever or denied that they obtained banned substances.  For example, Gonzalez claims that his father was a patient of Anthony Bosch’s. Ryan Braun claims that his attorneys used Bosch as a consultant in his successful 2012 appeal of his PED suspension. Despite the denials, the report and the documents set off a media firestorm which caused Major League Baseball to step up its investigation of the players named therein.

The biggest problem: Major League Baseball doesn’t actually have the Biogenesis documents. The Miami New Times and other media outlets which have seen all or part of them are unwilling to share them with the league and, at present, Anthony Bosch is nowhere to be found.  Last Friday Major League Baseball sued Biogenesis in an effort to obtain the documents, but it is not at all clear that they have any viable legal claims against the clinic. More significantly, many doubt that the original documents still exist at all.

What is clear is that Major League Baseball is stopping at nothing to investigate the matter with a clear eye towards suspending the players named in the clinic’s records if at all possible.  MLB is reported to be particularly interested in suspending 2011 NL MVP Braun, who they see as having evaded justice in prevailing on his appeal last year and Rodriguez who many in baseball believe lied to MLB investigators in 2009 when he admitted to past, but not present drug use.

MORE: The Rise and Fall of Alex Rodriguez

source: APCan Major League Baseball suspend these players without a positive drug test? Yes, it can. Pursuant to the Joint Drug Agreement which governs these matters, baseball can suspend players for “just cause” if there is non-clinical evidence suggesting that they have used performance enhancing drugs. Most believe that conclusive documentary evidence of past use, as may appear in the Biogenesis records, would provide such grounds. Baseball’s inability to obtain these records, however, is preventing almost all action at present. So far, all baseball has been able to do is to suspend one minor leaguer  — who happens to have been a college teammate and who is still a close friend of Braun’s — who was implicated based on the league’s belief that he was not cooperative when questioned. Major league players have not yet been questioned, but they almost certainly will be.  They will have greater legal and union protections from discipline than their minor league counterparts, however.

That’s where we are as the season dawns. Several players, including two former MVPs, in the crosshairs of a Major League Baseball investigation, the outcome of which and endpoint of is uncertain. At literally any time between today and, well, forever, baseball could suspend Braun, Rodriguez, Gonzalez, Cruz or any of players named in the Biogenesis documents for 50 games.

To put that in context, the most big leaguers Major League Baseball has ever suspended in a season for performance enhancing drugs is six, which occurred last year.  In most years it’s two or three.  Now dozens upon dozens of players may face a 50-game suspension for a first offense of the Joint Drug Agreement, with some facing 100-game suspensions for a second offense. Suspensions of this magnitude could conceivably tip the pennant races. And for that reason, even if you don’t care a lick about performance enhancing drugs in baseball, the Biogenesis matter is worth watching.

MORE: Team-by-team previews for 2013

Minor League Baseball established a political action committee to fight paying players more

DURHAM, NC - JULY 28:  The Chicago White Sox play the Most Valuable Prospects during the championship game of the 2011 Breakthrough Series at the Durham Bulls Athletic Park on July 28, 2011 in Durham, North Carolina.  Most Valuable Prospects won 17-2 over the Chicago White Sox. (Photo by Sara D. Davis/Getty Images)
Sara D. Davis/Getty Images
1 Comment

Josh Norris of Baseball America reports that Minor League Baseball has established a political action committee to continue fighting against a lawsuit brought by a group of former minor league players seeking increased wages and back pay.

You may recall that, earlier this year, two members of Congress — Republican Brett Guthrie of Kentucky and Democrat Cheri Bustos of Illinois — introduced H.R. 5580 in the House of Representatives. Also known as the “Save America’s Pastime Act,” H.R. 5580 sought to change language in Section 13 of the Fair Labor Standards Act of 1938. In doing so, minor leaguers wouldn’t have been covered under a law that protects workers who are paid hourly. Minor League Baseball publicly endorsed the bill. Bustos withdrew her support after receiving widespread criticism.

The whole thing started when Sergio Miranda filed a lawsuit in 2014, accusing Major League Baseball teams of colluding to eliminate competition. The lawsuit challenged the reserve clause, which binds minor leaguers into contracts with their teams for seven years. That suit was dismissed in September 2015. However, another lawsuit was filed in October last year — known as Senne vs. the Office of the Commissioner of Baseball — alleging that minor leaguers were victims of violations of state and federal minimum wage laws. Senne et. al. suffered a setback this summer when U.S. Magistrate Judge Joseph Spero of the U.S. District Court in San Francisco dismissed class certification. That essentially meant that the players could not file a class-action lawsuit. As a result, the players’ legal team led by Garrett Broshuis amended their case to only include players who play in one league for an entire season. As Norris notes, that means that the included players’ experiences are uniform enough for inclusion in a class-action lawsuit.

So that’s why Minor League Baseball established a political action committee (PAC). A PAC, for the unfamiliar, is an organization created with the intent of raising money to defeat a particular candidate, legislation, or ballot initiative. In other words, they’re getting serious and want Capitol Hill’s help.

Minor League Baseball president Stan Brand said, “Because of procedurally what has happened in the Congress and the difficulties in getting legislation, we’ve got to adjust to that. We were lucky. We had the ability because of the depth of the relationships and involvement in the communities to not have to worry about that. And now we do, I think. The PAC . . . gives us another tool to re-enforce who we are and why we’re important.”

Norris mentions in his column that Phillies minor league outfielder Dylan Cozens received the Joe Baumann Award for leading the minors with 40 home runs. That came with an $8,000 prize. Cozens said that the prize was more than he made all season. The minor league regular season spanned from April 7 to September 5, about six months. Athletes aren’t paid in the other six months which includes offseason training and spring training. They are also not paid for participating in instructional leagues and the Arizona Fall League. Minor leaguers lack union representation, which is why their fight for fair pay has been such an uphill battle.

Report: White Sox, Nationals making “strong progress” on a Chris Sale deal

CHICAGO, IL - SEPTEMBER 27:  Starting pitcher Chris Sale #49 of the Chicago White Sox deliivers the ball against the Tampa Bay Rays at U.S. Cellular Field on September 27, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
Jonathan Daniel/Getty Images
7 Comments

Jon Heyman of FanRag Sports reports that the White Sox and Nationals are making “strong progress” on a trade involving ace Chris Sale. Most reports coming out on Monday night suggest that a deal isn’t likely to be consummated until Tuesday at the earliest.

Sale, 27, has pitched in the majors over parts of seven seasons. He owns a career 74-50 record with a 3.00 ERA and a 1,244/260 K/BB ratio in 1,110 innings. The lefty will earn $12 million in 2017, then has a club option for 2018 worth $12.5 million with a $1 million buyout as well as a 2019 club option worth $13.5 million with a $1 million buyout. Relative to what he would earn if he were a free agent today, Sale’s remaining salary is a bargain.

The Nationals would likely have to part with several of their top prospects. MLB Pipeline lists pitcher Lucas Giolito, outfielder Victor Robles, and pitcher Reynoldo Lopez in the club’s top-three.

Adding Sale would arguably give the Nationals claim to the best starting rotation in baseball as he would join 2016 NL Cy Young Award winner Max Scherzer and Stephen Strasburg.

There are other teams in the mix for Sale. The Red Sox and Astros have also talked with the White Sox about the lefty’s services.