Tony Bosch may not be well advised to testify in Biogenesis appeals

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This morning I linked a story about the feds taking an interest in Biogenesis and investigating whether or not it sold drugs to high schoolers and things.  The Daily News has a more thorough story about it here.

I hadn’t thought of this before — my lawyer skills are atrophied, it seems — but a friend of mine just pointed out that this set of circumstances could possibly present a problem for Major League Baseball.

The problem: as a target of a federal investigation, Bosch would be well-advised to clam the heck up. If he testifies or speaks anywhere, his comments will be used against him in any subsequent criminal proceedings. That includes if he speaks at, say, an arbitration following a ballplayer’s appeal of a Major League Baseball suspension. If Bosch has a good lawyer, that lawyer is telling him NOT to go on the record anyplace if he fears federal prosecution. Especially given that his testimony at an MLB arbitration would be all about how he sold drugs to people.

Now, this doesn’t necessarily create a huge problem. For one thing, Bosch’s former employee, Porter Fischer is both cooperating with the feds and Major League Baseball. It could very well be that baseball is relying way more on him than Bosch and that his testimony would be sufficient. It’s also possible that Bosch himself is under no illusions that he’s going to escape federal pain and could very well make a deal with the feds in time to help baseball if they need his testimony to sustain player discipline.

But it is an interesting wrinkle. One that, if you were a lawyer for a player trying to decide whether or not to appeal Biogenesis discipline, could certainly impact your thinking on the matter.

The Marlins made an empty threat. Giancarlo Stanton made an empty promise.

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I covered the main press conference about Giancarlo Stanton earlier, but afterward he and his agents fanned out to various TV shows, radio shows and reporter scrums from which some new, fun things have spun out. Part of what they’ve talked about is silly and meaningless, part of it just meaningless.

Here’s the silly and meaningless, from a Marlins official, apparently, trying to bully Stanton into accepting either the Giants or the Cardinals trades despite the fact that he told them beforehand that he was not willing to go to either of those teams:

This is silly because it comes off like a threat. Like the worst possible thing that can happen to a guy is to stay with the very team that is making the threat. It’s like telling your wife that if she does not leave you, she’s stuck with you forever.

It’s meaningless too, in that Stanton has an opt-out clause after 2020. If the Marlins could not make a trade Stanton would approve, he’d simply collect close to $90 million and then leave at age 30. Oooh, don’t throw me into that briar patch, Mr. Jeter!

Not that Stanton’s people are offering statements of serious gravitas. His agent was asked about Stanton’s opt-out rights, which he retains even though he’s now with the Yankees:

That may very well be true! He just got here and everything is going great so far. It’s totally empty, of course, because anything can happen between now and the fall of 2020. If the big time free agents of the next two years sign for the sort of money that makes Stanton look underpaid, he’ll certainly opt-out, even if he wants to stay with the Yankees. Ask Alex Rodriguez and CC Sabathia how that works. The opt-out clause is pure, unadulterated leverage for a player and unless he totally craters over the next three seasons he’ll most certainly use it, regardless of present desires.

Which, hey, that’s how things work when a big trade or free agent signing happens. Everyone who has lost looks bad and everyone who won sounds happy. Then, later, the baseball happens.