A grand jury has Porter Fischer’s documents and is ramping up its inquiry into Biogenesis

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If you’re Alex Rodriguez you probably have to be smiling a bit about this report from Mike Fish of ESPN:

After months of negotiations and legal wrangling with the whistle-blower in the Biogenesis clinic scandal, Major League Baseball still hasn’t pried loose documents he took from the clinic. But within the past week, Porter Fischer, the clinic’s former marketing director, appeared before a federal grand jury in Miami and turned over the records, sources told “Outside the Lines.” … The grand jury appearance by Fischer and his turning over of documents is a clear sign that the scandal has gone beyond Major League Baseball’s intensive in-house probe and evolved into a federal law enforcement investigation that could potentially lead to criminal charges against individuals tied to the clinic and its distribution network, including Tony Bosch, the shuttered clinic’s founder who is cooperating in baseball’s investigation.

To sum up: Baseball doesn’t have the documents, but the government does. You know what’s really, really hard? Trying to get documents from the government that are part of a criminal investigation so that you can use them for your personal business purposes.  Which is what baseball would have to do if it were to use Fischer’s documents in an arbitration against A-Rod.

So, why not just go to Tony Bosch, you ask? Well, according to this report he could very well face criminal indictment here.  Know what else is really hard? Getting someone who is under a criminal indictment to go on the record in a civil arbitration admitting to all of the drug stuff he did. Which is something else baseball would have to do if it were to go hard after A-Rod in the arbitration.

None of which is to say that baseball’s case is dead. There are reportedly other witnesses, cell phone records and things already in their possession.  But given how significant Bosch and Fisher are supposed to be, and given how there is a non-trivial risk that they could be put out of reach as evidence sources going forward, one has to wonder if anyone at MLB is nervous here.

Rockies acquire Zac Rosscup from Cubs

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The Rockies announced a minor swap of relief pitchers on Monday evening. The Cubs sent lefty Zac Rosscup to the Rockies in exchange for right-hander Matt Carasiti.

Rosscup, 29, was designated for assignment by the Cubs last Thursday. He spent only two-thirds of an inning in the majors this year and has a 5.32 career ERA across 47 1/3 innings. Rosscup has spent most of the season with Triple-A Iowa, posting a 2.60 ERA in 27 2/3 innings.

Carasiti, 25, spent 15 2/3 innings in the majors last year, putting up an ugly 9.19 ERA. With Triple-A Albuquerque this season, he compiled a 2.37 ERA and a 43/13 K/BB ratio in 30 1/3 innings.

U.S. Court of Appeals affirms ruling that the minor leagues are exempt from federal antitrust law

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The Associated Press reported that on Monday, the U.S. Court of Appeals for the 9th Circuit affirmed a district court ruling which holds that the minor leagues are exempt from federal antitrust law, just like the major leagues.

In 2015, four minor leaguers sued Major League Baseball, alleging that MLB violated antitrust laws with its hiring and employment policies. They accused MLB of “restrain[ing] horizontal competition between and among” franchises and “artificially and illegally depressing” the salaries of minor league players.

The U.S. Court of Appeals said the players failed to state an antitrust claim, as the Curt Flood Act of 1998 exempted Minor League Baseball explicitly from antitrust laws.

This case is separate from the Aaron Senne case in which Major League Baseball is accused of violating the Fair Labor Standards Act. That case was recertified as a class action lawsuit in March. In December, Major League Baseball established a political action committee (PAC), which came months after two members of Congress sought to change language in the FLSA so that minor league players could continue to be paid substandard wages.