Earlier this week, I examined the federal grand jury probe currently looking into possible misdeeds by the Los Angeles Dodgers in Latin America. Even in a best-case scenario, it would appear as though the organization (or, at least, individuals associated with the organization) is in some real trouble.

According to a report yesterday from the Daily Beast’s Adam Rawnsley, however, it would appear as though the Dodgers have been named in conjunction with a completely different matter, as well. From Rawnsley’s piece:

The email from the manager of a Hampton Inn in Glendale, Arizona, stunned the Los Angeles Dodgers. A minor-league player recently signed by the team had been accused of harassing and then sexually assaulting a hotel housekeeper. The situation, the manager wrote, was “unacceptable.”

“I guess for a few weeks now [the player] has been making remarks and asking her to go out with him,” the manager wrote in an email to a team official that was obtained by The Daily Beast. “She keeps telling him that she has a boyfriend and is not interested but he still keeps making comments. . . . On Sunday things elevated where she was cleaning another room and he came up behind her and grabbed her,” the email continued. “She pushed him back and he came back and grabbed her yet again. She told him that she wasn’t interested and that he needed to leave and he did.”

While the unnamed minor leaguer’s conduct is certainly worthy of some attention in and of itself, the incident is perhaps even more notable both for (a) the Dodgers’ behavior in its wake and (b) the larger implications for domestic-violence policy (or its absence) in the minor leagues.

Regarding the first of those points, Craig Calcaterra provides some further information.

According to internal emails, the Dodgers investigated the incident and, by all indications, believed the maid’s account. High-ranking officials were in the loop, including then-head of player development Gabe Kapler who said in an email that he was “embarrassed for our organization.” Another Dodgers official said that the player was lucky not to be in jail. The police were not called, it seems, as the maid did not wish to alert authorities.

As to the housekeeper’s motivations for not reporting the incident(s), I won’t address that here. There are many possible reasons. If one takes as credible the maid’s account of events, however — which the Dodgers themselves appear to have done — it’s likely that the unnamed minor leaguer’s conduct amounts to a criminal act of some kind (which is relevant for reasons I’ll discuss below).

Read the rest of this entry »

Last week, we talked about a federal grand jury probe currently investigating Major League Baseball’s activity in Latin America. At the time, it appeared that the signing of Hector Olivera seemed to be a significant part of that investigation. Thanks to Carl Prine and Jon Wertheim of Sports Illustrated, we now have a much better idea of the matters at which that grand jury is looking.

Collectively, the documents [provided to the Grand Jury] offer a vivid window into both this netherworld and the thermodynamics of the operation: How Caribbean smugglers traffic Cuban nationals to American soil, using third-country way stations. How the underground pipeline ferries Cuban players to stash houses in countries like Haiti and Mexico before they can seek lucrative contracts with MLB clubs. How teams interact with buscones, the unregulated street-level agents who often take a financial stake in Latin American players.

The dossier given to the FBI suggests the extent to which some MLB personnel are aware of—and brazenly discuss—this unscrupulous culture and the potential for corruption. While both the league office and other teams are mentioned in the files obtained by SI, the Los Angeles Dodgers, a franchise with extensive scouting and development operations in the Caribbean, figure most prominently in the dossier[.]

Prine and Wertheim provide a detailed piece that’s is worth your time. Whitney McIntosh also published a helpful summary of their work for SBNation. A couple of interesting points jump out of their reporting, however. First, the Grand Jury and FBI are already evidently receiving at least some cooperation from important witnesses.

SI has learned that multiple alleged victims of smuggling and human trafficking operations have already given evidence to law enforcement agents or testified before a federal grand jury.

Second is that the Dodgers are evidently a prime target of the probe.

One particularly remarkable document shows that Dodgers executives in 2015 went so far as to develop a database that measured the perceived “level of egregious behavior” displayed by 15 of their own employees in Latin America. That is, using a scale of 1 to 5—“innocent bystander” to “criminal”—front-office executives assessed their own staff’s level of corruption. Five employees garnered a “criminal” rating.

***

Internal communications by the Dodgers show concerns about what team officials called a “mafia” entrenched in their operations in the Caribbean and Venezuela, including a key employee who dealt “with the agents and buscones” and was “unbelievably corrupt.” Other personnel were suspected of being tied to “altered books” or “shady dealings,” according to the documents.

We can all agree that analytics are wonderfully useful. For those who have plans of participating in international organized crime, however, please note that crafting charts to depict one’s level of criminality is unwise — as is openly discussing one’s own personal mafia.

Read the rest of this entry »

The end of the Cubs’ season came earlier than expected, with the North Siders finding themselves unceremoniously dispatched from the playoffs by the Rockies in the Wild Card Game earlier this week. Addison Russell, once regarded as vital cog in an emerging Cubs dynasty, was absent from the roster for that game, confined instead to administrative leave. The next day, Major League Baseball announced that Russell would be suspended for 40 games, including the 12 games already spent on administrative leave, to be enforced at the beginning of the 2019 season. In essence, Russell will miss all of April.

Word is already circling that the shortstop has played his last game with Chicago. Russell, for his part, agreed not to appeal. “After gaining a full understanding of the situation I have concluded it’s in the best interest of my family to accept MLB’s proposed resolution of this matter. I wish my ex-wife well and hope we can live in peace for the benefit of our child.” Part of that resolution — the one marked by the phrase “agreed not to appeal,” which appears in Manfred’s statement above — is something I’ve addressed before when discussing Roberto Osuna’s suspension.

We learn here not that [Roberto] Osuna decided not to appeal but rather that he agreed not to appeal. Osuna, in other words, effectively settled his case with MLB, agreeing to a shorter suspension in exchange for not appealing. This sort of resolution isn’t necessarily dissimilar to a plea bargain or civil settlement, both of which have their utility. It’s an open question, however, whether baseball’s accused domestic abusers ought to have a say in their own discipline, particularly when that discipline is being enforced by their employer. And Osuna’s case isn’t an isolated incident; rather, it’s standard policy. The same thing happened with Aroldis Chapman, for example.

FanGraphs’ own Jeff Sullivan arrived at a logical conclusion following the announcement of Russell’s punishment:

On one level, Sullivan’s point makes sense: Osuna received a harsher sentence than Russell, ergo Osuna must have done something worse. Because we have a firsthand account detailing Melisa Reidy-Russell’s allegations against her ex-husband, we then also (hypothetically) have some kind of baseline for the sort of penalty his disturbing behavior warrants by the terms of the league’s domestic-violence policy. The Commissioner determined that Russell violated the policy, just as he determined Osuna violated the policy. Presumably, those determinations were supported by evidence; otherwise, the players would never have agreed to not appeal the discipline.

But that leads to another problem, one to which Michael Baumann alluded recently at The Ringer:

The details of the suspension aren’t the important part of this case. In fact, this process is so common that it’s taken on a tragic roteness. The 40-game ban — which is retroactive to the start of Russell’s time on administrative leave, September 21 — will invite comments about how MLB punishes first-time PED violations more harshly than players suspended under its domestic violence policy. It also raises questions about how Russell’s case is different from that of Astros closer Roberto Osuna, who earned a 75-game suspension — does MLB believe that there’s some sort of graduated scale of badness for intimate partner violence?

Read the rest of this entry »

While the rest of the baseball world was focusing on #TeamEntropy, news broke this past weekend that Major League Baseball is currently the subject of a federal grand-jury investigation targeting the league’s business practices in Latin America. Jeff Passan’s report on the investigation is well worth the read, but this passage in particular highlights the broad scope of the probe:

A federal grand jury is looking into Major League Baseball teams’ international dealings and has issued subpoenas to club officials and other personnel involved in the transactions, three sources familiar with the probe told Yahoo Sports. Agents from the FBI have spearheaded the investigation, according to sources familiar with it, and lawyers from the Department of Justice who specialize in Foreign Corrupt Practices Act cases – which typically involve bribery of foreign officials – are involved as well. While the target of the inquiry could not be confirmed by Yahoo Sports, sources said investigators have subpoenaed at least one former Atlanta Braves official as well as people involved with the signing of Cuban star Hector Olivera, who agreed to a deal with the Los Angeles Dodgers before being traded to the Braves. Multiple witnesses have agreed to cooperate with the investigation, according to sources.

This has the potential to emerge as one of the more notable developments concerning Major League Baseball since the end of the Steroid Era. To understand why, let me start by discussing the significance of a grand jury. If you’ve ever served on a jury or received a summons for jury duty, odds are really good that your paperwork contained language including “petit jury.” A petit jury isn’t one that’s really tiny or consists of a dozen Jose Altuves. Instead, it’s a jury assembled to determine issues of fact at a trial. It’s also the only kind of jury with which most people are familiar.

Read the rest of this entry »

Recently, Cubs shortstop Addison Russell was placed on administrative leave in response to a blog post by his ex-wife, Melisa Reidy-Russell, detailing abuse she allegedly suffered at his hands. She’s since added additional context to her blog post with this interview today. In between, Ken Rosenthal reported the following:

Major League Baseball did not place Cubs shortstop Addison Russell on paid administrative leave solely because of a blog post written by his former wife, Melisa Reidy.

The post alone would not have been enough for baseball to force Russell off the field under its joint domestic violence policy with the players’ union. The league had additional credible information, according to sources familiar with its investigation.

The league’s investigation includes interviews with Reidy and numerous other witnesses, and with officials gathering additional information since Russell went on leave, sources said.

While Rosenthal’s reporting is consistently excellent, it appears as though his statement here is slightly inaccurate, or at least incomplete. The plain language of MLB’s Joint Domestic Violence, Sexual Assault and Child Abuse Policy appended to the Collective Bargaining Agreement states that an accusation, without more, is sufficient to place a player on administrative leave.

Under the Basic Agreement, the Commissioner may immediately place a Player accused of a Covered Act on Administrative Leave, effective as early as the date of the Notification, and may keep the Player on Administrative Leave for up to seven (7) days, including the date of Notification, subject to the Player’s right to challenge that decision set forth below.

What seems likely is that Rosenthal is referring to MLB’s recent extension of Russell’s leave past 30 days, which, theoretically, does require additional evidence. Again, from the Joint Policy:

The Commissioner’s Office may ask the Players Association to consent to a one-time extension of the initial seven-day Administrative Leave period for an additional seven (7) days (for a total of fourteen (14) days), which consent shall not be unreasonably withheld. Alternatively, the Commissioner’s Office may defer placing the Player on Administrative Leave until the Player is either charged with a crime by law enforcement, or the Commissioner’s Office receives credible information corroborating the allegations.

This seems to be the confusion: for longer than seven days, additional evidence is required. For less than seven days, it’s not. It’s a minor point, perhaps. In the grand scheme of things, it’s not very significant.

Why I’m mentioning it here, however, is because — due to a very loud conversation occurring in our country at the moment, one that is riddled with all manner of misinformation and self-interest — there’s probably some merit to reviewing, under somewhat more sober conditions, how the law treats personal accounts like the one provided by Reidy-Russell on her blog.

Read the rest of this entry »

On Tuesday, Astros reliever Roberto Osuna agreed to a deal to bring to a close the legal proceedings pending in Ontario for charges filed against Osuna for assault stemming from a domestic-violence incident that occurred earlier this year.

Per ESPN:

A domestic assault charge against Houston Astros closer Roberto Osuna in Toronto was withdrawn on Tuesday.

In exchange, Osuna agreed to a peace bond, which requires him to not contact the woman he is alleged to have assaulted and to continue counseling. He must comply with the conditions of the bond for one year or face criminal charges, which would carry a maximum sentence of up to four years’ imprisonment.

The bond was worth $500. At least according to one Associated Press report, the impetus behind the deal was that the complainant, Alejandra Román Cota, was unwilling to return to Canada to testify against Osuna.

Read the rest of this entry »

After part one of this series, many of you began debating whether, under Major League Rule 21(a), tanking — that is, deliberately conceding a season for the purposes of experiencing success in later seasons — was barred by the same Rule which bars deliberately losing a game. I’d like to address that matter here.

To refresh our memories, Rule 21(a) says this:

(a) MISCONDUCT IN PLAYING BASEBALL. Any player or person connected with a Club who shall promise or agree to lose, or to attempt to lose, or to fail to give his best efforts towards the winning of any baseball game with which he is or may be in any way concerned, or who shall intentionally lose or attempt to lose, or intentionally fail to give his best efforts towards the winning of any such baseball game, or who shall solicit or attempt to induce any player or person connected with a Club to lose or attempt to lose, or to fail to give his best efforts towards the winning of any baseball game with which such other player or person is or may be in any way concerned, or who, being solicited by any person, shall fail to inform the Commissioner (in the case of a player or person associated with a Major League Club) or the President of the Minor League Association (in the case of a player or person associated with an independent Minor League Club) immediately of such solicitation, and of all facts and circumstances connected therewith, shall be declared permanently ineligible.

To understand this in context, imagine (if you will) a scenario in which the 2018 Baltimore Orioles made a deal with the Devil at the All-Star break. As part of that deal, the Orioles agreed to voluntarily lose 90% of their games in the second half of the season. In exchange, Mephistopheles would agree to give the Orioles 95 wins and a playoff berth in 2021.

On the one hand, that would appear to violate the Rules, right? Indeed, we established last time that a team (including its front office, not just the players) can’t try to lose on purpose. On the other hand, this deal with the Devil isn’t all that different, practically speaking, from the efforts by a club to sell off assets at the trade deadline, is it? By trading Manny Machado, the Orioles made themselves deliberately worse — and less likely to win games in the second half — in hopes of winning in the future. But then, that can’t be right, because front offices don’t get barred from strip-mining their rosters in search of prospect gold.

Read the rest of this entry »

Early this year, Dallas Mavericks owner and perpetually frustrated baseball-team-owner-of-the-future Mark Cuban, during a team dinner, said this:

“I’m probably not supposed to say this, but, like, I just had dinner with a bunch of our guys the other night, and here we are, you know, we weren’t competing for the playoffs. I was like, ‘Look, losing is our best option. [Commissioner] Adam [Silver] would hate hearing that, but I at least sat down and I explained it to them. And I explained what our plans were going to be this summer, that we’re not going to tank again. This was, like, a year-and-a-half tanking, and that was too brutal for me. But being transparent, I think that’s the key to being kind of a players owner and having stability.”

The National Basketball Association was, shall we say, peeved at Cuban, fining him $600,000. Why? Because of the implication that the Mavericks were intentionally losing games.

“Yes, it’s not what you want to hear as commissioner,” Silver told reporters at a news conference following a league meeting. “I will say that Mark has a long track record of being provocative, and… I think he acknowledged it was a poor choice of words.

“When we looked at what was actually happening on the floor, which is most important to me, there was no indication whatsoever that his players were intentionally losing games. And so we were satisfied with that, and again, and we moved on.”

Despite the resolution of that particular incident, tanking continues. In fact, the league’s fine of Cuban more or less confirmed that, while intentionally losing games is forbidden, intentionally losing seasons is acceptable — as long as no one talks about it. And while, for years, we talked about tanking as a uniquely NBA problem, that’s not the case anymore. In Major League Baseball, the tank is on.

That raises some interesting questions: under the MLB rules, is tanking legal? Is tanking legal under the law? And if it isn’t, what’s the redress? Believe it or not, these are not at all simple questions. And so we’ll start by asking a simpler question — namely, what is tanking, anyway? Royals Review gives this definition, which seems good for our purposes.

Read the rest of this entry »

On Thursday night, Melisa Reidy-Russell, ex-wife of Cubs shortstop Addison Russell, for the first time went public with specifics about the abuse she says she suffered at the hands of her former husband. The blog post contains explicit descriptions of spousal abuse, infidelity, and domestic violence. As a result of the allegations, Russell was no longer with the team by Friday afternoon. He was later placed on administrative leave.

Major League Baseball has been investigating allegations that Russell was physically abusive to his now ex-wife since last year — allegations which Russell denied at the time. It should be noted that Melisa is not the person who made those allegations last year; in fact, at the time, she declined to speak further with MLB investigators. Nevertheless, this is the first detailed statement we have from either party regarding the matter. It’s worth noting that the parties’ divorce was finalized on August 30, 2018.

Longtime sports and law analyst Lester Munson was struck by the nature of Melissa’ account:

“I must say that her statement is among the more compelling and persuasive statements I have seen as I have reported on these events over the last 25 years…. Her language is so forceful. It has such detail that you really begin to think there’s no question that all of this happened.”

I won’t reproduce Melisa’s account here in full, but some of her allegations merit further discussion. Note that, among those I won’t be discussing, are Melissa’s charges of infidelity. While perhaps indicative of a troubled relationship, infidelity is also generally not illegal or abusive. Accordingly, I’ve omited any consideration of it from the following.

Instead, let’s focus on what abuse was specifically alleged and what the legal ramifications might be for Russell. We don’t know exactly where all of this took place, but we do know that Russell played for the Cubs, so it’s reasonable to assume that some or all of the episodes mentioned in Melissa’s account occurred in Illinois. The following quotes are excerpted from her blog post. Please note that some of what follows is unpleasant.

Read the rest of this entry »

Back in February, I wrote about an action brought by an indigenous person in Canada regarding the Cleveland Indians’ logo and team name.

Baseball may be America’s national pastime, but there remains a single franchise north of the border, and that has created an interesting conflict between American and Canadian law. There is currently litigation about both Chief Wahoo and the Indians’ name pending in Canadian courts. In that case, an indigenous person is suing to block the Indians from using either their name or Chief Wahoo while playing in Toronto on the grounds that it violates Canada’s legal protections for indigenous peoples. Major League Baseball has intervened in that case on the Indians’ behalf. In Canada, “Indians” is a foreign (United States) registered trademark which has also been registered in Ontario, and Canadian law on free speech and trademarks is different. And if the plaintiff wins that case in Canada, the Indians would likely be required to play the Blue Jays in Toronto as simply “Cleveland.”

Interestingly, had the case been decided after the season, at least part of the issue would have become moot: the Indians are phasing out Chief Wahoo after this season. The case, however, has since ended — and though most reports indicate that Douglas Cardinal, the plaintiff, lost, that characterization of the result seems not to be entirely accurate. Instead, Cardinal’s lawyer, Monique Jilesen, told the Canadian Press that the case had been “resolved.” In fact, evidently as part of that resolution, the Indians did not display Chief Wahoo on their uniforms during their recent four-game weekend series in Toronto. According to Paul Hoynes,

Manager Terry Francona said the decision not to wear Chief Wahoo on their uniforms or caps during this four-game series at Rogers Centre in Toronto was made by the organization to show respect for anyone offended by the soon-to-be discontinued logo.

“We’re just trying to be respectful,” said Francona. “We’re never trying to be disrespectful by wearing it. We just want to do the respectable thing.”

Asked about the change, Blue Jays president Mark Shapiro, who previously held the same role with Cleveland, expressed approval.

Read the rest of this entry »