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Report: MLB plans to file lawsuit against Anthony Bosch and others connected to Biogenesis

Mar 22, 2013, 12:25 AM EDT

AP Anthony Bosch AP

With MLB increasingly desperate to get their hands on any evidence to discipline players connected to the Biogenesis clinic, they have come up with an interesting new strategy. According to Michael S. Schmidt of the New York Times, MLB plans to file a lawsuit on Friday against multiple people connected to Biogenesis, including the clinic’s owner, Anthony Bosch, and Juan Nunez, who has worked for the Levinson brothers at ACES Group and was an associate to Melky Cabrera.

And get this, the lawsuit will allege that “the individuals damaged the sport by providing some of the game’s biggest stars with performance-enhancing drugs.” While MLB will try to recoup money from those targeted, the main goal is to get some sort of cooperation with their investigation, either through “documentary evidence or witness testimony.” MLB is having a tough time building a case against players who didn’t test positive for performance-enhancing drugs, so if the lawsuit was to proceed, it could allow them subpoena records from the clinic and potentially give them the evidence needed to hand down suspensions. Subpoena power is a big key, as MLB hasn’t been able to get any cooperation from law enforcement up until now.

While you have to credit MLB for their creativity here, many are skeptical whether it will hold up in court. For what it’s worth, sources told ESPN’s T.J. Quinn that it’s believed that Bosch destroyed all remaining documents from the clinic. So even if the lawsuit proceeds, MLB might not get the evidence they want.

There have been multiple reports over the past week that MLB has focused their investigation on Ryan Braun and Alex Rodriguez, even offering immunity to those willing to provide information. However, MLB executive vice president Rob Manfred told Tom Haudricourt of the Milwaukee Journal Sentinel on Wednesday that every player who has been connected to Biogenesis and the Miami New Times report is being investigated with “equal vigor.”

  1. badintent - Mar 22, 2013 at 1:45 AM

    ah, the lawyers gonna run with this. I smell Holder looking for some play too, needs some headlines to prove he’s not as stupid as Wall Street thinks he is.In the end, Jose Cansceo will write another book about it, stills needs $$ for child suppot and the beat goes on.Who’s gonna rat out the group ? Arodless ?Anyone buy his big glass box for $30 million yet ? The guy that does will have it repossed by the Treasury Department(see DEA) next year and sold at auction.

  2. danrizzle - Mar 22, 2013 at 6:32 AM

    Abuse of process.

  3. proudlycanadian - Mar 22, 2013 at 7:17 AM

    They do not seem to be going after Melky as it appears that Melky has co-operated with MLB and told them that Biogenesis was his source. They are going after the guy who told Melky about Biogenesis.

    • danrizzle - Mar 22, 2013 at 8:18 AM

      I would wonder why Melky Cabrera would say a first word to MLB about who or what his source was. Perhaps cooperation is part of the suspension process, but if it is not, what is the quid pro quo to entice Melky to do that?

      • Kevin S. - Mar 22, 2013 at 8:21 AM

        I wonder if he was facing a harsher sentence for that fake website bull he pulled.

      • proudlycanadian - Mar 22, 2013 at 9:08 AM

        Juan Nunez was responsible for the fake website. He worked for Melky’s agents.The agents, the Levinson brothers denied any involvement.

  4. alexo0 - Mar 22, 2013 at 7:18 AM

    And based on past experience, I think we’ve learned that we can always take Robert Manfred at his word. So no worries people.

  5. paperlions - Mar 22, 2013 at 8:00 AM

    Awesome! I look forward to:

    A class action lawsuit by housing contractors against wall street and american big business for shipping jobs over seas, cutting salaries, and screw up the economy because it “damaged the housing industry”….and about a kagillion variations on this theme, all of which would hold more water than this proposed BS.

    • historiophiliac - Mar 22, 2013 at 9:29 AM

      Maybe Mike Piazza will be a witness to the harm.

  6. echech88 - Mar 22, 2013 at 8:01 AM

    With MLB’s strategy already being stated in papers and other publications to be solely focused on gaining discovery, why would a judge even hear this? What a waste of time.

    “Oh but you see, Citizen X, Ryan Braun really needed a 50 game suspension so the league could get even. Oh, you don’t like baseball? You’ve never heard of Ryan Braun? Your grandmother uses HGH? Oh…welll…uhhhhhhhhh”

  7. artisan3m - Mar 22, 2013 at 12:13 PM

    In essence, this filing is asking a court to grant MLB a license to snoop where it would otherwise be prohibited by privacy laws. I doubt seriously that any judge is that liberal and reckless with the statutes. Had Selig & Company not shot their collective mouths off about this matter and kept it in-house, they would have a better chance of actually building a case. The issue is now toxic and no one is eager to toss their chip into the game. MLB is not the only entity that can bring a damage claim and if it fails to make its case, expect several to follow, asking staggering sums for defamation of character and proving irreparable harm. When things get this personal, all bets are off.

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