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What happens next in the A-Rod saga?

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We know what MLB has done (dropped the hammer). We know what Alex Rodriguez will do (appeal). So what happens next?

A-Rod plays

Technically, Rodriguez’s suspension does not go into effect until Thursday. This is due to certain procedural provisions built into the disciplinary rules which call for a certain amount of time for a player to be given official notice of the discipline and to prepare his response. As we know, Rodriguez is allowed to play pending appeal. If he were to lose his appeal, every game he plays during the appeal’s pendency will be tacked back on to the end so that he serves his full time. So if he loses, A-Rod will be out of baseball into 2015.

The Arbitraion

The appeal will be held before independent arbitrator, Fred Horowitz, who was hired by agreement between Major League Baseball and the players’ union to hear such appeals. The schedule is in flux, as arbitrations tend to follow a relaxed procedure compared to formal cases in courts of law, but most experts believe that the appeal will be heard sometime in September.

At arbitration, both Rodriguez and Major League Baseball will be able to put on evidence, just like any court case. It is presumed that Anthony Bosch and/or Porter Fischer of Biogenesis will testify. Major League Baseball, which has suggested that its evidence against Rodriguez is quite strong, likely has other witnesses and reams of documents as well. It is not certain if Alex Rodriguez will testify, though it is uncommon for players to do so at arbitration.  Rodriguez’s main argument could likewise sidestep his actions altogether and focus instead on the notion that, whatever he did, 211 games is too severe a sanction.

Horowitz can do any number of things with Major League Baseball’s decision. He could sustain the suspension as-is. He could reduce it. He could overrule it in its entirety.  The parties could settle before an arbitration begins. Or during it.

After the arbitration

No matter who wins and who loses, the arbitration is likely to be the final word. It is technically possible for a losing party to appeal an adverse arbitration decision to a regular court of law, but it is extraordinarily difficult to do so — one usually need prove that the arbitrator wildly exceeded his legal authority — and such moves are rarely successful.

In essence, once the arbitrator renders his decision — which could take any amount of time given how much discretion the arbitrator has to do his work — the case will be over.

Wild cards

It has been suggested that perhaps Rodriguez could file a lawsuit outside of the arbitration process. Such a move was far more likely when Major League Baseball was considering going outside of the Joint Drug Agreement and trying to keep A-Rod off the field during his appeal. Now that they have declined to do that, it’s highly likely that no court would entertain an A-Rod lawsuit unless and until the arbitration was over.

The Money

If the 211-game suspension is holds, Rodriguez can expect to lose around $34 million of the roughly $100 million remaining on his contract. Doing the math, that’s a bit over $161,000 a game. Even with some expensive lawyers working with the meter running make shaving every game off that suspension highly desirable for Rodriguez.

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.