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Report: A-Rod’s representatives purchased the Biogenesis documents

Apr 12, 2013, 4:44 PM EDT

alex rodriguez getty wide Getty Images

Admit it: In your heart, you knew it was A-Rod. It’s OK. I thought it might have been too.

Last night the New York Times reported that Major League Baseball’s was attempting to purchase documents from the now-defunct Biogenesis anti-aging clinic.  These documents, as was reported back in January, purport to show that multiple major league ballplayers — as many as 90 by some estimates — obtained banned performance enhancing drugs from Biogenesis and its operator Anthony Bosch.

The documents have formed the basis of a series of eye-opening reports on the matter, but thus far have only been obtained by various media outlets who have chosen not to share them with Major League Baseball. Major League Baseball, of course, would like to see them in order to investigate the reports of PED-using players and, ultimately, discipline said players.  Two weeks ago baseball sued Biogenesis in an effort to get the documents. Now the reports are that Major League Baseball is simply trying to buy them.

According to the New York times, these efforts were spurred by more than a mere desire to get them for baseball’s own sake. Rather, there were rumors that a ballplayer named in the documents was himself trying to purchase them, with an eye toward destroying them and, presumably, head off discipline. Delicious.

Now, Michael S. Schmidt of the New York Times reports who that player is:

The full New York Times report, in which it is alleged that an associate of Alex Rodriguez purchased the documents, can be read here. For his part, Rodriguez’s representatives are flatly denying the report.

If there is an actual basis to this, one wonders if MLB might consider it enough, in and of itself, to consider A-Rod uncooperative with their investigation and thus suspend him summarily pursuant to the Joint Drug Agreement which requires players to cooperate with the league.

At the moment, though, I think MLB would really have to explain why it believes A-Rod was attempting to destroy them. What the basis for that is. Because that’s a pretty serious accusation to hurl without a strong foundation for it.

Either way, however, this story is getting out of control.  If A-Rod did destroy the documents he’s gone super villain on us.  If he did not, and MLB or its surrogates are spinning innuendo, they’ve gone mad instead.

100 Comments (Feed for Comments)
  1. bubba703 - Apr 12, 2013 at 6:32 PM

    A-Rod appears to be shaping up as the next Lance Armstrong. Deny Deny Deny, then wait for the statute of limitations to run out before admitting to this new round of cheating despite everyone knowing its true.. He should consider retiring now before he embarrasses himself more.

    • hittfamily - Apr 12, 2013 at 8:28 PM

      It would take a lot more than embarassment for him to leave $100,000,000.00 on the table.

  2. gmen4trophies - Apr 12, 2013 at 6:44 PM

    What a complete, utter, despicable piece of garbage this guy is who just won’t go away.

  3. romoscollarbone - Apr 12, 2013 at 7:08 PM

    If biogenesis was a medical facility how could patient files be for sale w/o a court order? HIPPA/HITECH?

    • sabatimus - Apr 13, 2013 at 3:05 AM

      Because a former employee violated a non-disclosure agreement that I’m sure he/she agreed to. If MLB/Rodriguez wind up getting the files, Biogenesis is probably going to sue the pants off of that employee and anyone who participated.

  4. chip56 - Apr 12, 2013 at 7:14 PM

    Craig – I know you’re on the players’ side with this and want MLB to just walk away, but they don’t have to prove why he’s purchasing the documents, just that he is. That alone could be enough probable cause to suspend Rodriguez.

    As a lawyer you know this: probable cause means that all MLB has to do is demonstrate that he bought the documents then they can infer that the reason he did so was because he didn’t want his continued PED use to make it out…bang…probable cause.

    • Jeremy Fox - Apr 12, 2013 at 10:22 PM

      Um, this isn’t a criminal matter, and MLB isn’t a law enforcement agency, so I have no idea why you’re talking about probable cause. MLB cannot serve search warrants. Their ability to suspend ARod and get it to stick is governed by the Joint Drug Agreement, and the manner in which an arbitrator would interpret that agreement if matters got to that point.

      And I’m pretty sure that what Craig knows as a lawyer is reflected in what he wrote.

    • anxovies - Apr 13, 2013 at 1:52 AM

      Paragraph 2 of the medical release required by the MLB Joint Drug Agreement states:
      “I authorize the following persons and entities (or classes of persons and entities) to use
      and/or disclose (to the individuals specified in paragraph 3 below) any of the health information
      about me that is (or, during the period covered by this authorization, may be) in their possession,
      custody or control for the purposes described in paragraph 3 below: All health care providers
      (including but not limited to [add Club orthopedist and medical internist], other physicians,
      laboratories, clinics and Club trainers) with whom I have consulted pursuant to my Uniform
      Player’s Contract or the Basic Agreement.” http://mlb.mlb.com/mlb/downloads/joint_drug_prevention_and_treatment_program_2005.pdf

      I haven’t read the JDA closely yet but I get the impression that the provisions that allow the use of the release are only in effect if the player tests dirty. It may be that the reason MLB is trying to buy his records from Biogenesis is that ARod is under no obligation to provide them and the only way to get them is through underhanded and possibly illegal means. Under those circumstances I don’t blame him if he bought them up. I also noted that the medical release is effective for 1 year but my memory says HIPPA requires that a new release be signed every 6 months. Does anybody smell a lawsuit coming that will long outlive ARod’s career? And he probably has more money in his legal fund than MLB has in its budget for legal services.

  5. theskinsman - Apr 12, 2013 at 7:26 PM

    Aww,poor,misunderstood aroid. The ultimate yankee.

  6. jdrew506 - Apr 12, 2013 at 7:27 PM

    I am not judging A-rods guilt or innocence yet since we don’t have all the facts yet. However why is everyone going crazy on A-rod and not the MLB or uncle Bud since they went out and tried to buy the same documents. If these documents are A-rods medical records, even if they show he got HGH or steroids, the MLB has no legal rights to obtain them, and the fact that they bought them doesn’t that put them in the wrong here too?

    • kehnn13 - Apr 12, 2013 at 7:35 PM

      I won’t claim to know the law here, but my impression is that illegal transactions are probably not covered by laws that protect medical records?

      • jdrew506 - Apr 12, 2013 at 7:55 PM

        I understand your point, however if the doctor had a liscence to practice and was doing something illegal, the government can go after the doctor but doesnt A-rod still have the right to privacy, or can the government go after him too.

        Also I would assume that when they raided this place the took all the records for evidence to build their case, so how did these documents slip through their hands, were they stolen? And if they were stolen and then MLB bought them arent they then in possesion of stolen good?

        I am not a lawyer and dont know the answers to these questions either but it will be interesting to find out. I would also like to know if A-rod went looking for these records himself or through one of his reps or did the person who had them contact A-rod and offered to give them to him if he paid. If this is the case wouldnt that be considered blackmail?

      • anxovies - Apr 13, 2013 at 3:17 AM

        It is not an illegal transaction if the drugs were prescribed by a licensed physician. Don’t confuse MLB with the government. It’s not illegal to use drugs provided by a physician, it’s just a possible violation of the MLB contract. What would be illegal is for MLB to acquire a bootleg copy of his meds without his permission or without a valid medical release authorizing Biogenesis to release them. If Bud is going to get them through some kind of black market deal he is getting poor legal advice.

    • badintent - Apr 12, 2013 at 7:52 PM

      Because Arodless bought them to DESTROY THEM. MLB wanted to review them , not destroy them. If you destroy evidence, you go to jail. Ask Nixon’s henchmen about that one.Duh. WINNING.

      • jdrew506 - Apr 12, 2013 at 7:59 PM

        If they are A-rods records doesnt he have the right to destroy them since they are his records? And just because the MLB wanted to review them does not mean they have a legal right to do so. I know my employeer does not have the right to my medical records without my knowlege and appoval.

  7. schlom - Apr 12, 2013 at 7:46 PM

    Espn is reporting that there is no evidence that Rodriguez bought the records: http://espn.go.com/espn/otl/story/_/id/9165418/no-evidence-tying-alex-rodriguez-purchasing-biogenesis-records-sources-say?src=mobile

    • tfbuckfutter - Apr 12, 2013 at 8:09 PM

      “Those same sources say that while MLB investigators find the Rodriguez information credible, the investigators have no physical evidence to connect the New York Yankees’ star to payments.”

      No PHYSICAL evidence….It’s right in the headline. “No physical evidence tied to A-Rod”

      I don’t believe witnesses qualify as “physical evidence”.

  8. rmcd13 - Apr 12, 2013 at 7:53 PM

    No one seems to realize that this is not A-Rod covering his ass, but A-Rod becoming the ultimate supervillain! Frank Thomas is going to put on a cape and then have an epic fight with A-Rod on the roof of Barry Bonds’ house.

    • jdrew506 - Apr 12, 2013 at 8:21 PM

      Great post but you didnt mention if Sosa and McGwiregoing to be present also?

    • jwbiii - Apr 12, 2013 at 8:30 PM

      Bonds has a fairly low-pitched roof, so that could be interesting.

      http://www.blogcdn.com/realestate.aol.com/blog/media/2013/01/11-1358396060.jpg

  9. uscthom78 - Apr 12, 2013 at 8:39 PM

    This guy was always a super villain.

  10. youknowwhatsgoodforshoulderpain - Apr 12, 2013 at 8:58 PM

    Well, if he destroyed them, there’s nothing MLB can do. The evidence is gone. Nothing illegal about purchasing documents and burning them. I hate arod, but I also am grinning inside. Not a huge fan of MLB leadership either, so a little egg on their face is a pleasant thought too.

  11. winningwarlock - Apr 12, 2013 at 9:19 PM

    I wouldn’t expect anything less from A-Roid…

  12. sophiethegreatdane - Apr 12, 2013 at 9:23 PM

    What would this accomplish? There are obviously other copies out there. Arod buying a copy and destroying the copy would do….what? I must be missing something.

  13. sisisisisisisi - Apr 12, 2013 at 9:32 PM

    O.J. Simpson got away with it
    Roger Clemens got away with it
    Lance Armstrong almost got away with it
    AROD is trying to get away with it

    • sabatimus - Apr 13, 2013 at 3:16 AM

      Last I checked, only one of these cases was about murder.

      • tfbuckfutter - Apr 13, 2013 at 8:14 AM

        We all know Roger Clemens’ sexual relationship with Mindy McCready while she was a teenager screwed her up.

        But I don’t think it’s fair to blame him for her killing herself.

        Sort of fair sure. But not completely fair.

  14. thebadguyswon - Apr 12, 2013 at 9:43 PM

    Its so predictable though

    Give Bud Selig a sniff of A-Rod’s ass and he climbs right up it quicker than you can say “chain of custody”.

  15. DelawarePhilliesFan - Apr 12, 2013 at 11:07 PM

    “Admit it: In your heart, you knew it was A-Rod.”

    Heart? You got it all wrong. In my heart I was hoping it was Gio. In my head I knew it was A-Rod

  16. knowlegeforyou - Apr 12, 2013 at 11:28 PM

    To ALL YANKEE’S fans if you continue to bitch about your players not being clutch in the playoffs, please acknowledge that without those players you would have never been there in the first place!!!!!

  17. 13arod - Apr 13, 2013 at 12:08 AM

    you guys don’t know this i guess but there was a couple of reports that the media might have tried to frame arod and make him look bad

  18. banger60 - Apr 13, 2013 at 5:20 AM

    If he’s that sneaky, could he sneak into North Korea and kill their president, what’s his name? Short Dong Ung, just a thought at 5:20am!

  19. floridagameshow - Apr 13, 2013 at 8:24 AM

    Am I the only one to think that both MLB and A-Fraud (if true) are breaking the federal law known as HIPPA???

    That is much more serious than a few people on steroids.

    • churchoftheperpetuallyoutraged - Apr 13, 2013 at 3:27 PM

      There is no such law as HIPPA, it’s HIPAA. And if this story is true, about Arod buying his own “medical” records, he’s not breaking any laws (until he destroys them, which might violate FL law if the clinic is still under investigation).

  20. omniusprime - Apr 13, 2013 at 8:48 AM

    Just another dirty cheater on a team full of dirty cheaters from a city of dirty Wall Street cheaters. No wonder it’s called the Rotten Apple. A-Rod doesn’t deserve to be in the Hall of Shame.

  21. jollyjoker2 - Apr 13, 2013 at 3:10 PM

    I would like to be that company …Arod and mlb bidding. Sounds like a lot of money to be made.

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