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Tony Bosch may not be well advised to testify in Biogenesis appeals

Aug 1, 2013, 5:52 PM EDT

bosch headshot Getty Images

This morning I linked a story about the feds taking an interest in Biogenesis and investigating whether or not it sold drugs to high schoolers and things.  The Daily News has a more thorough story about it here.

I hadn’t thought of this before — my lawyer skills are atrophied, it seems — but a friend of mine just pointed out that this set of circumstances could possibly present a problem for Major League Baseball.

The problem: as a target of a federal investigation, Bosch would be well-advised to clam the heck up. If he testifies or speaks anywhere, his comments will be used against him in any subsequent criminal proceedings. That includes if he speaks at, say, an arbitration following a ballplayer’s appeal of a Major League Baseball suspension. If Bosch has a good lawyer, that lawyer is telling him NOT to go on the record anyplace if he fears federal prosecution. Especially given that his testimony at an MLB arbitration would be all about how he sold drugs to people.

Now, this doesn’t necessarily create a huge problem. For one thing, Bosch’s former employee, Porter Fischer is both cooperating with the feds and Major League Baseball. It could very well be that baseball is relying way more on him than Bosch and that his testimony would be sufficient. It’s also possible that Bosch himself is under no illusions that he’s going to escape federal pain and could very well make a deal with the feds in time to help baseball if they need his testimony to sustain player discipline.

But it is an interesting wrinkle. One that, if you were a lawyer for a player trying to decide whether or not to appeal Biogenesis discipline, could certainly impact your thinking on the matter.

  1. rightherenow123 - Aug 1, 2013 at 5:57 PM

    What’s worse the devil that you know or the devil that you don’t know. Careful who you align yourself with. Braun might be the only one that regrets any of this.

    Craig, do you now see the suspensions being delayed? I mean, what did this guy and MLB think was going to happen???? Selling drugs to kids…your star witness and a thief who stole the documents from the drug peddler.

  2. koufaxmitzvah - Aug 1, 2013 at 6:04 PM

    Trust me…. I’m a doctor.

    • Arods Other Doctor - Aug 1, 2013 at 6:11 PM

      You too?

  3. heyblueyoustink - Aug 1, 2013 at 6:04 PM

    ARod, you gonna be scarred for life.

  4. Francisco (FC) - Aug 1, 2013 at 6:17 PM

    Kind of makes you wonder if Braun is now banging his head against the wall…

  5. thebigtim2012 - Aug 1, 2013 at 8:52 PM

    This is assuming Tony’s deal isn’t a massive one where he gets immunity from MLB and the Feds.

    • rightherenow123 - Aug 1, 2013 at 9:00 PM

      Why would the Feds give Bosch immunity? What do they have to gain by doing so? You go after the illegal doctor/drug dealer, not the ones buying the drugs.

      Immunity for what I ask?

      • jwbiii - Aug 1, 2013 at 10:29 PM

        Right. In a federal case, Ryan Braun and Alex Rodriguez would be given immunity to spill their guts on Anthony Bosch, not the other way around.

  6. woocane - Aug 1, 2013 at 9:35 PM

    But since most of the documents were written by Bosch based only on his knowledge, it’s questionable whether Fischer can authenticate them. Evidence rules are often looser in arbitrations, but without Bosch, the case could well be seriously if not fatally impaired.

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