Void

Before you climb aboard the “we should void cheaters’ contracts!” express …

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Though the sea change we’re experiencing in Major League Baseball’s drug testing regime is undeniable, the “we should get tougher!” crowd easily has the loudest voice in the grand shouting match that is our current baseball discourse. And easily the most fashionable get-tough argument in that crowd is the one which goes “players should have their contracts voided if they test positive!”

Let’s unpack that, shall we?

It’s pretty easy to see the logic when the player involved is named Ryan Braun or Alex Rodriguez and they are owed hundreds of millions of dollars that they may not be worth. The price is paid for a cheater’s ill-gotten gains! He’s out his deal! The team is out from under the specter of his unholy presence! Everything is right with the world!

But what if the player is Andrew McCutchen? Or Matt Moore? Or Jered Weaver or Sal Perez? Or some other star who is on a team-friendly deal? We still happy voiding that contract then? I’m guessing the team’s owner and GM aren’t. They know that no player is 100% a creation of PEDs and that even if one of those guys took something he shouldn’t have, he’d still be more than worth the money on his contract once he serves his 50 games. And he certainly doesn’t want to lose him because a bunch of sportswriters decided back in 2013 that everyone needed to “get tough.”

Question: Are we good with punishing the team even more than the player?

Let’s take that to the next step. Say you’re Matt Moore. You’re having a lights-out season just as guys like Justin Verlander and Clayton Kershaw are raking in gigantic bucks on contract extensions. And here you are, like a yutz, making an average of $2.5 million over the next four years because you went for the security of the pre-arbitration deal. If contracts are voided upon a positive test, might you not at least consider taking a shot of testosterone, taking a very small 50 game suspension, getting your contract voided and then peddling your wares to the highest bidder? Sure, you might take a haircut from what Justin Verlander got because you’d be seen as something of a bad seed, but you’d make orders of magnitude over what you’re making now. Especially if you play the apology-come-clean game as well as Andy Pettitte did.

Question: Do we want that incentive there? And what does that mean for the pre-arb players who didn’t sign Moore-type deals? If Bryce Harper or Mike Trout tested positive tomorrow, what does their void look like? Are they free agents too? Or do the teams violate the 13th amendment and not pay them at all?

Oh, and then there’s the matter of the incentives some owners may have to slip a mickey to an overpaid player in an effort to get out from under. Now, I’m not saying an honorable and honest businessman like Arte Moreno would do such a thing to a nice, upstanding man like Albert Pujols. But then again, George Steinbrenner is gonna be in the Hall of Fame some day and he literally paid spies to dig up dirt on one of his overpaid players once, and it’s not insane to think that can’t happen again.

One response I anticipate is that we make the contract voiding an optional thing. At the team’s discretion. In this case the team will clearly choose to void Alex Rodriguez’s deal but not Moore’s. But why should teams get a choice here? Why should what is supposed to be punishment for wrongdoing for which we are supposed to have zero tolerance suddenly be transformed into a cost-benefit analysis for a team? Or a windfall?  Wouldn’t we then be saying “cheating is bad, mmm-kay, and you’re going to be punished severely. At least as long as you don’t have a team-friendly contract. If you do, well, we’re willing to let it slide a bit.”

That’s not what the drug testing program is supposed to look like and those odd incentives are probably a large part of the reason why the league and the union have never suggested actually doing it. Separate and apart from the fact that the union is not interested in doing anything to undermine the concept of guaranteed contracts in any way.

Maybe that’s the real thing to watch here, actually. What the league and the union say, not sanctimonious worrywarts who are looking for new ways to get tough.  If and when league or union sources start to chatter about contract voiding being on the table I’ll start to take it seriously.  For now it’s just bluster from people who don’t feel guys like Ryan Braun have suffered enough.

Ichiro was happy to see Pete Rose get defensive about his hits record

SAN DIEGO, CALIFORNIA - JUNE 14:  Ichiro Suzuki #51 of the Miami Marlins warms-up during batting practice before a baseball game against the San Diego Padres at PETCO Park on June 14, 2016 in San Diego, California.   (Photo by Denis Poroy/Getty Images)
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You’ll recall the little controversy last month when Ichiro Suzuki passed Pete Rose’s hit total. Specifically, when Ichiro’s Japanese and American hit total reached Rose’s American total of 4,256 and a lot of people talked about Ichiro being the new “Hit King.” You’ll also recall that Rose himself got snippy about it, wondering if people would now think of him as “the Hit Queen,” which he took to be disrespect.

There’s a profile of Ichiro over at ESPN the Magazine and reporter Marly Rivera asked Ichiro about that. Ichiro’s comments were interesting and quite insightful about how ego and public perception work in the United States:

I was actually happy to see the Hit King get defensive. I kind of felt I was accepted. I heard that about five years ago Pete Rose did an interview, and he said that he wished that I could break that record. Obviously, this time around it was a different vibe. In the 16 years that I have been here, what I’ve noticed is that in America, when people feel like a person is below them, not just in numbers but in general, they will kind of talk you up. But then when you get up to the same level or maybe even higher, they get in attack mode; they are maybe not as supportive. I kind of felt that this time.

There’s a hell of a lot of truth to that. Whatever professional environment you’re in, you’ll see this play out. If you want to know how you’re doing, look at who your enemies and critics are. If they’re senior to you or better-established in your field, you’re probably doing something right. And they’re probably pretty insecure and maybe even a little afraid of you.

The rest of the article is well worth your time. Ichiro seems like a fascinating, insightful and intelligent dude.

There will be no criminal charges arising out of Curt Schilling’s video game debacle

Curt Schilling
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In 2012 Curt Schilling’s video game company, 38 Studios, delivered the fantasy role-playing game it had spent millions of dollars and countless man hours trying to deliver. And then the company folded, leaving both its employees and Rhode Island taxpayers, who underwrote much of the company’s operations via $75 million in loans, holding the bag.

The fallout to 38 Studios’ demise was more than what you see in your average business debacle. Rhode Island accused Schilling and his company of acts tantamount to fraud, claiming that it accepted tax dollars while withholding information about the true state of the company’s finances. Former employees, meanwhile, claimed — quite credibly, according to reports of the matter — that they too were lured to Rhode Island believing that their jobs were far more secure than they were. Many found themselves in extreme states of crisis when Schilling abruptly closed the company’s doors. For his part, Schilling has assailed Rhode Island politicians for using him as a scapegoat and a political punching bag in order to distract the public from their own misdeeds. There seems to be truth to everyone’s claims to some degree.

As a result of all of this, there have been several investigations and lawsuits into 38 Studios’ collapse. In 2012 the feds investigated the company and declined to bring charges. There is currently a civil lawsuit afoot and, alongside it, the State of Rhode Island has investigated for four years to see if anyone could be charged with a crime. Today there was an unexpected press conference in which it was revealed that, no, no one associated with 38 Studios will be charged with anything:

An eight-page explanation of the decision concluded by saying that “the quantity and qualify of the evidence of any criminal activity fell short of what would be necessary to prove any allegation beyond a reasonable doubt and as such the Rules of Professional Conduct precluded even offering a criminal charge for grand jury consideration.”

Schilling will likely crow about this on his various social media platforms, claiming it totally vindicates him. But, as he is a close watcher of any and all events related to Hillary Clinton, he no doubt knows that a long investigation resulting in a declination to file charges due to lack of evidence is not the same thing as a vindication. Bad judgment and poor management are still bad things, even if they’re not criminal matters.

Someone let me know if Schilling’s head explodes if and when someone points that out to him.