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	<title>Comments on: Judge rules that the Mets owners have the burden of proof in the upcoming Madoff trial</title>
	<atom:link href="http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/feed/" rel="self" type="application/rss+xml" />
	<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/</link>
	<description>Baseball. Baseball. And then a bit more baseball.</description>
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		<title>By: bbk1000</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-273443</link>
		<dc:creator><![CDATA[bbk1000]]></dc:creator>
		<pubDate>Tue, 20 Mar 2012 20:57:41 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-273443</guid>
		<description><![CDATA[I don&#039;t see that happening with Alderson, but I hope I&#039;m wrong. 

I hate the Wilpons so much it&#039;s rubbing off on a team I have followed for 40 years....it&#039;s just bad.]]></description>
		<content:encoded><![CDATA[<p>I don&#8217;t see that happening with Alderson, but I hope I&#8217;m wrong. </p>
<p>I hate the Wilpons so much it&#8217;s rubbing off on a team I have followed for 40 years&#8230;.it&#8217;s just bad.</p>
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		<title>By: bigjimatch</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-273375</link>
		<dc:creator><![CDATA[bigjimatch]]></dc:creator>
		<pubDate>Tue, 20 Mar 2012 19:27:25 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-273375</guid>
		<description><![CDATA[Between the real estate crash and Madoff, thier net worth is no where near where it was before 2007. However, all of their business interests a private, so no one knows how much money they have because here are no reporting requirements. Frankly, I don&#039;t care how much money that have, as long as the Mets payroll is appropriate, which is the top 5 in baseball.]]></description>
		<content:encoded><![CDATA[<p>Between the real estate crash and Madoff, thier net worth is no where near where it was before 2007. However, all of their business interests a private, so no one knows how much money they have because here are no reporting requirements. Frankly, I don&#8217;t care how much money that have, as long as the Mets payroll is appropriate, which is the top 5 in baseball.</p>
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		<title>By: bigjimatch</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-273371</link>
		<dc:creator><![CDATA[bigjimatch]]></dc:creator>
		<pubDate>Tue, 20 Mar 2012 19:24:10 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-273371</guid>
		<description><![CDATA[They are not filing for bankruptcy. They would sell real estate holdings before being forced into bankruptcy and losing the team.]]></description>
		<content:encoded><![CDATA[<p>They are not filing for bankruptcy. They would sell real estate holdings before being forced into bankruptcy and losing the team.</p>
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		<title>By: protius</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-272496</link>
		<dc:creator><![CDATA[protius]]></dc:creator>
		<pubDate>Sat, 17 Mar 2012 12:40:52 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-272496</guid>
		<description><![CDATA[Kevin S., thank you for standing in for Mr. Calcaterra, and making a clear and concise point.]]></description>
		<content:encoded><![CDATA[<p>Kevin S., thank you for standing in for Mr. Calcaterra, and making a clear and concise point.</p>
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		<title>By: bbk1000</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-272338</link>
		<dc:creator><![CDATA[bbk1000]]></dc:creator>
		<pubDate>Fri, 16 Mar 2012 21:48:54 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-272338</guid>
		<description><![CDATA[Between real estate and Madoff I&#039;m thinking all the Wilpon&#039;s cash source was artificially inflated...

Either way they lost their Madoff magic money so payroll will be shrink, expect 70 - 80 mill a year at best for the next 5 years...could be lower. 

They still have $&#039;s owed to players long gone.

This team is a mess.....come to Citifield aqnd meet the Mess...]]></description>
		<content:encoded><![CDATA[<p>Between real estate and Madoff I&#8217;m thinking all the Wilpon&#8217;s cash source was artificially inflated&#8230;</p>
<p>Either way they lost their Madoff magic money so payroll will be shrink, expect 70 &#8211; 80 mill a year at best for the next 5 years&#8230;could be lower. </p>
<p>They still have $&#8217;s owed to players long gone.</p>
<p>This team is a mess&#8230;..come to Citifield aqnd meet the Mess&#8230;</p>
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		<title>By: heynerdlinger</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271925</link>
		<dc:creator><![CDATA[heynerdlinger]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 23:52:50 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271925</guid>
		<description><![CDATA[Does the SEC routinely reveal their investigations when they don&#039;t take legal action? It&#039;s my understanding that there was never any public assertion from the SEC that Madoff was on the up-and-up. The claims that the SEC didn&#039;t find anything have so far been to suggest that if the SEC with all their lawyers and governmental powers couldn&#039;t find anything, why would guys like Wilpon be expected to do any better?

That&#039;s a lot different than, &quot;Hey, I saw the SEC report and believed what it said.&quot;]]></description>
		<content:encoded><![CDATA[<p>Does the SEC routinely reveal their investigations when they don&#8217;t take legal action? It&#8217;s my understanding that there was never any public assertion from the SEC that Madoff was on the up-and-up. The claims that the SEC didn&#8217;t find anything have so far been to suggest that if the SEC with all their lawyers and governmental powers couldn&#8217;t find anything, why would guys like Wilpon be expected to do any better?</p>
<p>That&#8217;s a lot different than, &#8220;Hey, I saw the SEC report and believed what it said.&#8221;</p>
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		<title>By: The Rabbit</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271802</link>
		<dc:creator><![CDATA[The Rabbit]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 19:09:01 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271802</guid>
		<description><![CDATA[&quot;In making the ruling that the Wilpons would not be liable for the full $1 Billion the Trustee initially sought, the judge ruled that the Wilpons were not principals in an investment company....... The Wilpons are being treated as ordinary investors who “may” have been privy to the fact that Madoff was running a ponzi scheme.&quot;

Thanks for the update. I appreciate the info.  I had not seen the ruling which is why I qualified all my comments with &quot;if&quot;.   

Sadly, I agree with you completely in regards to your statements in the last paragraph.]]></description>
		<content:encoded><![CDATA[<p>&#8220;In making the ruling that the Wilpons would not be liable for the full $1 Billion the Trustee initially sought, the judge ruled that the Wilpons were not principals in an investment company&#8230;&#8230;. The Wilpons are being treated as ordinary investors who “may” have been privy to the fact that Madoff was running a ponzi scheme.&#8221;</p>
<p>Thanks for the update. I appreciate the info.  I had not seen the ruling which is why I qualified all my comments with &#8220;if&#8221;.   </p>
<p>Sadly, I agree with you completely in regards to your statements in the last paragraph.</p>
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		<title>By: Reflex</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271776</link>
		<dc:creator><![CDATA[Reflex]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 18:03:00 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271776</guid>
		<description><![CDATA[Bankruptcy is funny about not caring about what you want to keep and what you do not, and simply divesting you of your most valuable assets in order to meet your financial obligations...]]></description>
		<content:encoded><![CDATA[<p>Bankruptcy is funny about not caring about what you want to keep and what you do not, and simply divesting you of your most valuable assets in order to meet your financial obligations&#8230;</p>
]]></content:encoded>
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		<title>By: umrguy42</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271663</link>
		<dc:creator><![CDATA[umrguy42]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 15:24:14 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271663</guid>
		<description><![CDATA[Actually, Trump was involved in helping to run the USFL into the ground. Smart Mets fans would probably be wise to want Trump to stay away...]]></description>
		<content:encoded><![CDATA[<p>Actually, Trump was involved in helping to run the USFL into the ground. Smart Mets fans would probably be wise to want Trump to stay away&#8230;</p>
]]></content:encoded>
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		<title>By: bigjimatch</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271629</link>
		<dc:creator><![CDATA[bigjimatch]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 14:25:23 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271629</guid>
		<description><![CDATA[&quot;If they are principals in an investment company, soliciting outside investors (not just trading their own account), and as such, if they hold SEC and NASD licenses, they are required to “exercise due diligence”.

In making the ruling that the Wilpons would not be liable for the full $1 Billion the Trustee initially sought, the judge ruled that the Wilpons were not principals in an investment company, so they had no due diligence requirement, which is why the standard is &quot;willfull blindness&quot; and not negligence or some lower standard. The Wilpons are being treated as ordinary investors who &quot;may&quot; have been privy to the fact that Madoff was running a ponzi scheme.  

They fact that this lady (correctly) pointed out that something was not Kosher is evidence of willful blindness, but not indisputable. Wilpon will surely counter by saying something to the effect of the SEC found Madoff to be Kosher, and they believed the SEC.]]></description>
		<content:encoded><![CDATA[<p>&#8220;If they are principals in an investment company, soliciting outside investors (not just trading their own account), and as such, if they hold SEC and NASD licenses, they are required to “exercise due diligence”.</p>
<p>In making the ruling that the Wilpons would not be liable for the full $1 Billion the Trustee initially sought, the judge ruled that the Wilpons were not principals in an investment company, so they had no due diligence requirement, which is why the standard is &#8220;willfull blindness&#8221; and not negligence or some lower standard. The Wilpons are being treated as ordinary investors who &#8220;may&#8221; have been privy to the fact that Madoff was running a ponzi scheme.  </p>
<p>They fact that this lady (correctly) pointed out that something was not Kosher is evidence of willful blindness, but not indisputable. Wilpon will surely counter by saying something to the effect of the SEC found Madoff to be Kosher, and they believed the SEC.</p>
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		<title>By: bigjimatch</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271619</link>
		<dc:creator><![CDATA[bigjimatch]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 14:15:57 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271619</guid>
		<description><![CDATA[Wilpons aren&#039;t selling the team even if they lose. The Wilpons would rather lose their real estate investments than the team. If they lose, it will just mean more lean years for the Mets, not new ownership.]]></description>
		<content:encoded><![CDATA[<p>Wilpons aren&#8217;t selling the team even if they lose. The Wilpons would rather lose their real estate investments than the team. If they lose, it will just mean more lean years for the Mets, not new ownership.</p>
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		<title>By: bigjimatch</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271618</link>
		<dc:creator><![CDATA[bigjimatch]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 14:14:42 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271618</guid>
		<description><![CDATA[Reviewing the Judge&#039;s (short) order, it looks like the Wilpons will have to prove that they weren&#039;t &quot;willfully blind&quot; to the scam, which is a little easier than proving that they did not know it was a scam. The Judge is expected to provide a more thorough ruling on this issue when he publishes a full decision on the Summary Judgment motion.

My take is that the Wilpons have always gotten a worst wrap than they deserve. They have always been amount the top 5 teams in payroll, usually closely bunched with teams 2-4, with the Yankees blowing everyone away. They spend on big money contracts like Johan (which nobody was complaining about when they signed him), and Bay (which didn&#039;t look like a terrible deal when they got him for 4 years). Also, the 2006, 2007, and 2008 nine teams were all picked by many to win the East and possibly make it to the World series at the beginning of their respective years.  The deals didn&#039;t work out and they didn&#039;t win a world series, but it is not like they weren&#039;t trying. Even last year, the payroll was $145MM.

Many Mets fans have clamored for Cuban (who went a long time before his team did not under perform in the postseason) or Trump (who has zero sport experience and has had several business venture fail) to buy the team, but there is no guarantee they would be better. 

That being said, if they are not in a position to be in the top five in payroll, they need to sell the team to an ownership that can invest in a proper payroll. If you are going to high ticket prices, then you need to have a high payroll. 

But the fact is, I think they will be able to keep the Mets even of the Wilpon group looses the full $386MM (which I doubt they will) and run it on the cheap until the economy and real estate prices pick up. In the end, I don&#039;t think they are selling no matter what, so I guess I hope they win and are able to start putting money back into the team.]]></description>
		<content:encoded><![CDATA[<p>Reviewing the Judge&#8217;s (short) order, it looks like the Wilpons will have to prove that they weren&#8217;t &#8220;willfully blind&#8221; to the scam, which is a little easier than proving that they did not know it was a scam. The Judge is expected to provide a more thorough ruling on this issue when he publishes a full decision on the Summary Judgment motion.</p>
<p>My take is that the Wilpons have always gotten a worst wrap than they deserve. They have always been amount the top 5 teams in payroll, usually closely bunched with teams 2-4, with the Yankees blowing everyone away. They spend on big money contracts like Johan (which nobody was complaining about when they signed him), and Bay (which didn&#8217;t look like a terrible deal when they got him for 4 years). Also, the 2006, 2007, and 2008 nine teams were all picked by many to win the East and possibly make it to the World series at the beginning of their respective years.  The deals didn&#8217;t work out and they didn&#8217;t win a world series, but it is not like they weren&#8217;t trying. Even last year, the payroll was $145MM.</p>
<p>Many Mets fans have clamored for Cuban (who went a long time before his team did not under perform in the postseason) or Trump (who has zero sport experience and has had several business venture fail) to buy the team, but there is no guarantee they would be better. </p>
<p>That being said, if they are not in a position to be in the top five in payroll, they need to sell the team to an ownership that can invest in a proper payroll. If you are going to high ticket prices, then you need to have a high payroll. </p>
<p>But the fact is, I think they will be able to keep the Mets even of the Wilpon group looses the full $386MM (which I doubt they will) and run it on the cheap until the economy and real estate prices pick up. In the end, I don&#8217;t think they are selling no matter what, so I guess I hope they win and are able to start putting money back into the team.</p>
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		<title>By: paperlions</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271575</link>
		<dc:creator><![CDATA[paperlions]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 12:54:57 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271575</guid>
		<description><![CDATA[That isn&#039;t why McCourt was forced to sell.  McCourt was out of money and either MLB was going to have to start paying his bills or he was going to file for bankruptcy.  MLB&#039;s involvement in the organization was to prevent McCourt from stipping the organization of every last dime before his inevitable bankruptcy occurred.  Despite the generally horrible stewardship of the Mets by the Wilpon&#039;s, there is still no indication that they use the team as a piggy bank.]]></description>
		<content:encoded><![CDATA[<p>That isn&#8217;t why McCourt was forced to sell.  McCourt was out of money and either MLB was going to have to start paying his bills or he was going to file for bankruptcy.  MLB&#8217;s involvement in the organization was to prevent McCourt from stipping the organization of every last dime before his inevitable bankruptcy occurred.  Despite the generally horrible stewardship of the Mets by the Wilpon&#8217;s, there is still no indication that they use the team as a piggy bank.</p>
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		<title>By: paperlions</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271570</link>
		<dc:creator><![CDATA[paperlions]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 12:45:52 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271570</guid>
		<description><![CDATA[Exactly.  Whoever bears the burden of proof is on offense.]]></description>
		<content:encoded><![CDATA[<p>Exactly.  Whoever bears the burden of proof is on offense.</p>
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		<title>By: Jonny 5</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271569</link>
		<dc:creator><![CDATA[Jonny 5]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 12:43:33 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271569</guid>
		<description><![CDATA[Speaking of shirts maybe they can hand out Underdog shirts to their legal team for shits and giggles too?]]></description>
		<content:encoded><![CDATA[<p>Speaking of shirts maybe they can hand out Underdog shirts to their legal team for shits and giggles too?</p>
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		<title>By: mrznyc</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271563</link>
		<dc:creator><![CDATA[mrznyc]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 12:29:38 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271563</guid>
		<description><![CDATA[If Selig forced the Dodger sale because he was all that worried about the good name of MLB?  Where is he now that we need  him with the Wilpon mess.  To my knowledge, McCourt was never charged with anything and Bud forced him to sell - Here are owners who are running one of the most visible franchises into the ground and he&#039;s doing nothingl]]></description>
		<content:encoded><![CDATA[<p>If Selig forced the Dodger sale because he was all that worried about the good name of MLB?  Where is he now that we need  him with the Wilpon mess.  To my knowledge, McCourt was never charged with anything and Bud forced him to sell &#8211; Here are owners who are running one of the most visible franchises into the ground and he&#8217;s doing nothingl</p>
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		<title>By: Kevin S.</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271553</link>
		<dc:creator><![CDATA[Kevin S.]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 12:17:32 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271553</guid>
		<description><![CDATA[I think he means offense as having to make the case and defense as reacting to your opponent trying to make the case, protius.  In that framework, proving a negative would be the defense playing offense.]]></description>
		<content:encoded><![CDATA[<p>I think he means offense as having to make the case and defense as reacting to your opponent trying to make the case, protius.  In that framework, proving a negative would be the defense playing offense.</p>
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		<title>By: bbk1000</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271550</link>
		<dc:creator><![CDATA[bbk1000]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 11:33:40 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271550</guid>
		<description><![CDATA[This is good news for Mets fans. 

Any &quot;fan&quot; that wants the Wilpons to keep the Mets is not a fan of the team. The best news we could get is that the Wilpons are forced to sell the team.

I&#039;m hoping the seats are empty this year as well, please people, stay away. If you feel the need to go to a game get a root canal instead, the pain will be the same.]]></description>
		<content:encoded><![CDATA[<p>This is good news for Mets fans. </p>
<p>Any &#8220;fan&#8221; that wants the Wilpons to keep the Mets is not a fan of the team. The best news we could get is that the Wilpons are forced to sell the team.</p>
<p>I&#8217;m hoping the seats are empty this year as well, please people, stay away. If you feel the need to go to a game get a root canal instead, the pain will be the same.</p>
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		<title>By: sdelmonte</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271549</link>
		<dc:creator><![CDATA[sdelmonte]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 08:27:09 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271549</guid>
		<description><![CDATA[Interesting.  Confusing, when you are used to criminal law proceedings as your court case news, but interesting.  Can&#039;t remember ever seeing a single episode of The Practice with such a ruling, either, but I know better than to go to TV for legal education.]]></description>
		<content:encoded><![CDATA[<p>Interesting.  Confusing, when you are used to criminal law proceedings as your court case news, but interesting.  Can&#8217;t remember ever seeing a single episode of The Practice with such a ruling, either, but I know better than to go to TV for legal education.</p>
]]></content:encoded>
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		<title>By: protius</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271548</link>
		<dc:creator><![CDATA[protius]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 07:09:05 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271548</guid>
		<description><![CDATA[Mr. Calcaterra, you wrote: “Depending on how it’s phrased, it could put the Mets owners in a prove-a-negative situation.” 

You also wrote: “it’s way easier to play defense than offense in these things.”

Wouldn’t you say that proving a negative is playing defense?]]></description>
		<content:encoded><![CDATA[<p>Mr. Calcaterra, you wrote: “Depending on how it’s phrased, it could put the Mets owners in a prove-a-negative situation.” </p>
<p>You also wrote: “it’s way easier to play defense than offense in these things.”</p>
<p>Wouldn’t you say that proving a negative is playing defense?</p>
]]></content:encoded>
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		<title>By: cool10857</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271518</link>
		<dc:creator><![CDATA[cool10857]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 01:00:25 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271518</guid>
		<description><![CDATA[I pray that the Wilpons get hammered in this litigation and are forced to sell the Mets.]]></description>
		<content:encoded><![CDATA[<p>I pray that the Wilpons get hammered in this litigation and are forced to sell the Mets.</p>
]]></content:encoded>
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		<title>By: lardin</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271513</link>
		<dc:creator><![CDATA[lardin]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 00:48:51 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271513</guid>
		<description><![CDATA[heres the link..

http://www.nytimes.com/2012/02/11/sports/baseball/noreen-harrington-says-she-alerted-mets-owners-of-concerns-with-madoff-investments.html?_r=1]]></description>
		<content:encoded><![CDATA[<p>heres the link..</p>
<p><a href="http://www.nytimes.com/2012/02/11/sports/baseball/noreen-harrington-says-she-alerted-mets-owners-of-concerns-with-madoff-investments.html?_r=1" rel="nofollow">http://www.nytimes.com/2012/02/11/sports/baseball/noreen-harrington-says-she-alerted-mets-owners-of-concerns-with-madoff-investments.html?_r=1</a></p>
]]></content:encoded>
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		<title>By: lardin</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271512</link>
		<dc:creator><![CDATA[lardin]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 00:47:10 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271512</guid>
		<description><![CDATA[Also Picard has a witness who will testify that she was hired by Wilpon/Katz and she reported to them that his numbers were impossible to duplicate, and most  likely was not kosher.  They fired her and never looked into her allegations]]></description>
		<content:encoded><![CDATA[<p>Also Picard has a witness who will testify that she was hired by Wilpon/Katz and she reported to them that his numbers were impossible to duplicate, and most  likely was not kosher.  They fired her and never looked into her allegations</p>
]]></content:encoded>
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		<title>By: lardin</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271510</link>
		<dc:creator><![CDATA[lardin]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 00:43:37 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271510</guid>
		<description><![CDATA[Kind of like justifiable homicide, the defendant has to prove the shooting was justified.]]></description>
		<content:encoded><![CDATA[<p>Kind of like justifiable homicide, the defendant has to prove the shooting was justified.</p>
]]></content:encoded>
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		<title>By: The Rabbit</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271505</link>
		<dc:creator><![CDATA[The Rabbit]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 00:10:50 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271505</guid>
		<description><![CDATA[Same point I made in previous posts. 
If they are principals in an investment company, soliciting outside investors (not just trading their own account), and as such, if they hold SEC and NASD licenses, they are required to &quot;exercise due diligence&quot;. 
So, if you are corrrect regarding the implications of judge&#039;s comments, I&#039;m guessing they do hold securities licenses and therefore would properly be held to a higher standard than the average investor.
In other words, they have to prove that they did the work that was required of them as licensed brokers.

This is, of course, raises another issue: If in fact they are licensed securities brokers and the Court rules that they didn&#039;t exercise due diligence, if they solicited outside investors for fees/commissions and offered investment advice, they would be in violation of NY State and federal securities laws.
In my professional life, I&#039;ve seen &quot;nobodies&quot; fined and had license revocations for this.  I can&#039;t imagine the State of NY would let something this high profile pass.]]></description>
		<content:encoded><![CDATA[<p>Same point I made in previous posts.<br />
If they are principals in an investment company, soliciting outside investors (not just trading their own account), and as such, if they hold SEC and NASD licenses, they are required to &#8220;exercise due diligence&#8221;.<br />
So, if you are corrrect regarding the implications of judge&#8217;s comments, I&#8217;m guessing they do hold securities licenses and therefore would properly be held to a higher standard than the average investor.<br />
In other words, they have to prove that they did the work that was required of them as licensed brokers.</p>
<p>This is, of course, raises another issue: If in fact they are licensed securities brokers and the Court rules that they didn&#8217;t exercise due diligence, if they solicited outside investors for fees/commissions and offered investment advice, they would be in violation of NY State and federal securities laws.<br />
In my professional life, I&#8217;ve seen &#8220;nobodies&#8221; fined and had license revocations for this.  I can&#8217;t imagine the State of NY would let something this high profile pass.</p>
]]></content:encoded>
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		<title>By: Baseball Beer Burritos In That Order</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271504</link>
		<dc:creator><![CDATA[Baseball Beer Burritos In That Order]]></dc:creator>
		<pubDate>Thu, 15 Mar 2012 00:03:44 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271504</guid>
		<description><![CDATA[This is great news.]]></description>
		<content:encoded><![CDATA[<p>This is great news.</p>
]]></content:encoded>
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	<item>
		<title>By: Craig Calcaterra</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271501</link>
		<dc:creator><![CDATA[Craig Calcaterra]]></dc:creator>
		<pubDate>Wed, 14 Mar 2012 23:48:55 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271501</guid>
		<description><![CDATA[It sort of happens in all civil cases. Some defenses are affirmative defenses that require the person who is making the defense to prove the elements of it. Others are situations where if the plaintiff proves x, then the burden shifts to the defendant to prove &quot;not x&quot; or &quot;but y.&quot;  It just depends On the laws in play and stuff.]]></description>
		<content:encoded><![CDATA[<p>It sort of happens in all civil cases. Some defenses are affirmative defenses that require the person who is making the defense to prove the elements of it. Others are situations where if the plaintiff proves x, then the burden shifts to the defendant to prove &#8220;not x&#8221; or &#8220;but y.&#8221;  It just depends On the laws in play and stuff.</p>
]]></content:encoded>
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	<item>
		<title>By: sdelmonte</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271498</link>
		<dc:creator><![CDATA[sdelmonte]]></dc:creator>
		<pubDate>Wed, 14 Mar 2012 23:42:36 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271498</guid>
		<description><![CDATA[How can a judge decide that one side or the other has the burden?  Explain it to me, Mr. Lawyer.]]></description>
		<content:encoded><![CDATA[<p>How can a judge decide that one side or the other has the burden?  Explain it to me, Mr. Lawyer.</p>
]]></content:encoded>
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	<item>
		<title>By: randygnyc</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271497</link>
		<dc:creator><![CDATA[randygnyc]]></dc:creator>
		<pubDate>Wed, 14 Mar 2012 23:41:04 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271497</guid>
		<description><![CDATA[I think this ruling will be appealed.]]></description>
		<content:encoded><![CDATA[<p>I think this ruling will be appealed.</p>
]]></content:encoded>
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	<item>
		<title>By: drewsylvania</title>
		<link>http://hardballtalk.nbcsports.com/2012/03/14/judge-rules-that-the-mets-owners-have-the-burden-of-proof-in-the-upcoming-madoff-trial/comment-page-1/#comment-271489</link>
		<dc:creator><![CDATA[drewsylvania]]></dc:creator>
		<pubDate>Wed, 14 Mar 2012 23:27:50 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=125174#comment-271489</guid>
		<description><![CDATA[Or get forced out with little more than the shirts on their backs.]]></description>
		<content:encoded><![CDATA[<p>Or get forced out with little more than the shirts on their backs.</p>
]]></content:encoded>
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