Does PED use constitute fraud?

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Sticking with Buster this morning, he links to an article in which the guy who brought down BALCO — DEA/FDA agent Jeff Novitzky — is reported to be investigating PED use in cycling under a theory that cyclists were not just breaking drug laws but that, because their performance led to sponsorship deals and more money, they were also engaged in fraud.  By implementing a fraud theory I assume Novitzky would be able to widen his net and get warrants for financial information and other things that have little to do with the actual drug use of the athletes involved.

I’ll save my “holy crap, government agents with a thirst for investigative power like Jeff Novitzky has scare the bejesus out of me” rant for another day.  In the meantime, I’m struck by Olney’s thought on the matter:

It’s an interesting line of questioning, and you wonder if any threads
that are pulled lead to inquiries in baseball. A common refrain heard
among some baseball executives over the last five years is that, in
retrospect, some players used drugs to boost their performance in order
to improve their performance and win more money — and prizes. And some
executives have privately asked the same open-ended question: Does that
constitute fraud?

It’s an investigation into the past that baseball probably should keep
an eye on.

Perhaps. But it’s also a string that, if I were a baseball owner or executive, I wouldn’t pull.  Because, yes, there is a totally legitimate argument that baseball players unfairly reaped millions because steroids gave them a bunch of home runs and strikeouts they wouldn’t have otherwise gotten.  But if that’s true, there is just as legitimate an argument that baseball owners — all of whom knew steroids were everywhere — reaped billions as a result of the same behavior.

Whether it was merely a black chapter in baseball history or an out-and-out fraud, the Steroid Era was the product of many, many parties working together to make it happen.  To assume that only the players would fall under such a renewed investigation is naive.

Clayton Kershaw might return to the Dodgers’ rotation next week

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Dodgers southpaw Clayton Kershaw is nearing his return to the mound, according to club manager Dave Roberts. Both Kershaw (left biceps tendinitis) and fellow lefty Rich Hill (left middle finger blister) are scheduled to toss simulated games on Saturday; depending on the outcome, Roberts says Kershaw could forgo a minor league assignment and slot back into the rotation by Thursday.

Kershaw, 30, was diagnosed with biceps tendinitis as the team closed out their Mexico Series at the start of the month. He has not made a start in several weeks, but was finally able to resume throwing on Sunday and managed to get through two successful bullpen sessions. Though Dodgers’ ace hasn’t been completely injury-free over his 11-year career in the majors, this is the first significant issue he’s had with his pitching arm so far. The team is expected to take every precaution with the lefty, and will likely limit him to just four innings during Saturday’s simulated game.

Prior to his injury, Kershaw was working on another dominant run with the club, sporting a 2.86 ERA, 2.0 BB/9 and 9.8 SO/9 through his first 44 innings of the season. While Kershaw, Hill and left-handed starter Hyun-Jin Ryu served their respective terms on the disabled list this month, the Dodgers utilized a combination of relievers Ross Stripling and Brock Stewart, both of whom impressed during their limited time in the rotation.