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.

Padres clinch NL wild-card spot during 2-1 loss to White Sox

padres playoffs
Denis Poroy/Getty Images
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SAN DIEGO — The San Diego Padres are going back to the playoffs for the first time in a full season since 2006, a spot that they clinched during the seventh inning of a 2-1 loss to the Chicago White Sox on Sunday.

The Padres were batting when the Miami Marlins beat the Milwaukee Brewers in 12 innings. The sellout crowd of 41,407 at Petco Park stood and cheered the sealed wild-card spot.

The Padres trailed 2-0 at the time but Kim Ha-seong homered a few minutes later.

The Padres had a chance to win in the ninth when they put two runners on with two outs against Liam Hendriks but pinch-hitter Jorge Alfaro, who has five walk-off plate appearances this year, grounded out.

Fireworks went off and the Padres players were given hats and shirts, but there was no wild on-field celebration. Manager Bob Melvin was drenched with a cooler of water and the players gathered near the mound for photos. They were cheered by what was left of the crowd as they headed to the clubhouse.

San Diego is one game ahead of Philadelphia for the second of three NL wild cards.

The Padres won a wild-card series against St. Louis after the pandemic-shortened 2020 season before being swept in the division series by the eventual World Series champion Los Angeles Dodgers.

Before that, they hadn’t been to the playoffs since winning the NL West in 2005 and 2006.

It’s the seventh playoff berth in franchise history and the fourth since Petco Park opened in 2004. The Padres haven’t been to the World Series since 1998, when they were swept by the New York Yankees.

The Padres reached the playoffs this year without electrifying shortstop Fernando Tatis Jr., who was on the cusp of returning from a broken left wrist when he was suspended for 80 games by MLB on Aug. 12 for testing positive for a performance-enhancing drug.

Slugger Manny Machado has carried the Padres most of the season offensively and they added Juan Soto from Washington in a blockbuster deal on Aug. 2.

The Padres hired the veteran Melvin after last year’s brutal September collapse cost Jayce Tingler his job.

Lance Lynn (8-7) and Blake Snell 8-10) were locked in a scoreless duel Sunday when Elvis Andrus homered off the San Diego lefty with one out in the sixth, his 16th. His shot reached the top balcony of the brick warehouse in the left field corner at Petco Park.

The White Sox went ahead 2-0 on Adam Engel‘s two-out single in the seventh that brought in Andrew Vaughn, who had drawn a leadoff walk.

San Diego got on the scoreboard when Kim homered to left off Lynn with two outs in the seventh, his 11th.

Lynn allowed one run and five hits in seven innings, struck out five and walked one.

Snell allowed one run and three hits in six innings, struck out six and walked one.

UP NEXT

White Sox: RHP Bailey Ober (2-3, 3.18 ERA) is scheduled to start Monday at home against the Minnesota Twins, who will counter with Johnny Cueto (7-10, 3.39).

Padres: RHP Joe Musgrove (10-7, 3.03) gets the start Monday night at home against the San Francisco Giants, who will go with Carlos Rodon (14-8, 2.88).