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An arrest is made in the impossibly unseemly theft of the Biogenesis documents

Dec 13, 2013, 9:01 AM EDT

Alex Rodriguez Reuters Reuters

Boca Raton, Florida police announced the arrest of  a tanning salon worker for the theft of the Biogenesis documents Major League Baseball is now using to go after Alex Rodriguez. His name is Reginald St. Fleur. He’s a known associate of Porter Fischer, the former Biogenesis employee who initially obtained the documents and who, at one time anyway, was cooperating with Major League Baseball. St. Fleur is also an associate of Gary Jones, the man who sold the records to MLB.

It all stinks to high heavens of course.

Deadspin’s rundown on it all notes that there are two possibilities, and neither make Major League Baseball look good. Baseball was offering to buy the documents from Fischer, and the two sides were in negotiations to that effect. Either (a) St. Fleur and Jones, who knew about it all, set up Fischer and stole the documents so that they could sell them to MLB; or else (b) Fischer was in cahoots with St. Fleur and Jones and staged the break-in so the documents could be sold to MLB without  Fischer having to be the seller.

Option (b) makes sense given that, in the interim, MLB had sued Fischer and others in an effort to merely subpoena, rather than buy the documents. Option (a) makes sense, however, given that — as Fischer has noted — already had an offer on the table from MLB and faced all kinds of risk in cooking up a theft story.

But what is undeniable here is that Major League Baseball bought documents that were either, by definition, stolen or, at the very least, got to MLB as the result of a criminal conspiracy of some kind. And as the Deadspin article notes, MLB was fully aware of this given that they made an inquiry to the police about the theft prior to purchasing the documents from Jones.

Does that make any of the evidence against Alex Rodriguez false? Of course not. But it makes the provenance of that evidence outrageously shady and supports Alex Rodriguez’s argument that MLB would literally stop at nothing — including inserting itself into some sort of crime — in order to nail him.

  1. bravojawja - Dec 13, 2013 at 9:12 AM

    “Reginald St. Fleur”? That’s really the guy’s name? I think a better picture to go with this story is David Caruso ripping off his sunglasses.


    • doric11 - Dec 13, 2013 at 11:37 AM

      I think he is related to Pepe le Pew

    • anxovies - Dec 13, 2013 at 10:23 PM

      David Caruso. Possibly the worst actor who never appeared in a Billy Jack movie.

  2. hittfamily - Dec 13, 2013 at 9:17 AM

    Can the Biogenesis lab be called a medical facility in any way, or is it considered more of a “GNC” type place rather than a Rehab/Pharmacy?

    If it can somehow be considered a medical facility, or that it had patients who considered it a medical facility, I could see this getting really ugly. Billion dollar companies paying criminals for contracted employees medical records…getting really serious.

    • gothapotamus90210 - Dec 13, 2013 at 10:06 AM

      Great points. It may come down to Boesch’s credentials. He purported to be a medical doctor, which I believe has been fully debunked. While his clients may have expected a level of privacy via HIPPA, they probably would not have such guaranteed protections given Boesch was not a certified physician. Perhaps their only recourse would be to go after Boesch (for what it’s worth) for fraudulently inducing them to believe he was a doctor, giving them HIPPA protection.

      • raysfan1 - Dec 13, 2013 at 10:26 AM

        HIPAA– Health Information Portability and Accountability Act.

      • hittfamily - Dec 13, 2013 at 10:37 AM

        I’m not a doctor or lawyer, so I know nothing about HIPPA, other than it covers patients rights. There has to be something else though right? If my employer paid someone who had hacked into Walgreen’s database, and found a list of my prescriptions, and used that as evidence to terminate my contract, I’d hope it couldn’t be legal on the basis of “Walgreens isn’t a physician”. Same idea for a rehab facility, or even my Sams Club card. If I was terminated because my employer paid a disgruntled Sams worker who stole a printout of my purchases over the past year, and it was discovered I buy 5 cases of beer, 2 cartons of smokes, and 10 boxes of rolling papers every week, I’d feel violated, and be really pissed off.

        And really drunk. Really sick too.

      • gothapotamus90210 - Dec 13, 2013 at 12:44 PM

        @hitt – I think pharmacies / rehab facilities have a duty of care re: sensitive patient information (but I think rehab facilities do employ doctors, so I would imagine they’d have to be fully compliant under HIPPA). I.E. if they were hacked, they would be accountable under HIPPA. (not to mention the illegality of hacking)

        The Sam’s Club example (or rehab facility without licensed professionals) is the same pretense as Boesch not being a physician. If there is some level of privacy expected, the entity who did not protect that information would be liable

      • hittfamily - Dec 13, 2013 at 1:19 PM

        If a pawn shop knowingly buys stolen items, their pawn brokers license is terminated, and criminal charges likely follow. Knowingly buying stolen property is a crime. Knowingly buying stolen property to extort someone into accepting a buyout of their contract is a serious crime. Baseball went to him and said “we’ve got this evidence. Hand over next year’s paycheck, or we’ll make your penalty worse”.

        Arod is a liar, Arod is a … Let’s get that out of the way first. I’m not defending him. But baseball bought stolen information that may or may not have been HIPPA protected in order to get out of a contract it no longer wants to pay.. I can’t imagine this as being legal, or accepted. I hate my cell phone plan I signed a year ago. I can’t imagine going to court with documents obtained from a burglar, whom I just paid, to wriggle out from under my Verizon plan.

      • raysfan1 - Dec 13, 2013 at 2:36 PM

        HIPAA covers not just the physician, clinics/hospitals and their employees, but also pharmacies, labs, and insurance companies…ie anyone involved in the legitimate care of a patient.

        As for Bosch’s clinic–no, HIPAA does not cover illegal faux medical activity. His father is a licensed medical provider, so any aspect of treatment he performed there–if he did–would be covered.

      • hittfamily - Dec 13, 2013 at 3:49 PM

        Thanks Raysfan. How far down the chain does it go though? If I took X rays to one of those idiotic homeopathy “doctors”, would he be covered? If he took Xrays to Tony Boesch and said “what have you got?”, is it now patient/client? Or is it more like “phsychic/client” privlidges compared to psychologist/patient?

        Thanks for the answer though, as I really wanted to know if mlb bout medical records, or just records.

      • mrpinkca - Dec 13, 2013 at 7:33 PM

        Does it matter if he’s a real doctor or not? I have no idea where the law is on this, but imagine if this were a situation where A-rod (or anybody for that matter) confessed a crime to someone they thought was their lawyer. Would that confession be admissible in court if it turns out their “lawyer” was actually a fraud? Again, I have no idea what the law thinks of this, but I’d imagine that it would be the same for a fake doctor as a fake lawyer.

        The other thing is were the drugs A-Rod got illegal? I have no idea what the documents say he took, but I know certain HGH drugs are federally banned substances. If A-Rod requested knowingly took illegal drugs administered by Boesch does he still have HIPAA rights?

        Once again, this has never come up on law and order so I really don’t know what the laws are for this.

  3. seeinred87 - Dec 13, 2013 at 9:18 AM

    I think that “outrageously shady” is a perfect description for MLB’s actions here.

    • cackalackyank - Dec 13, 2013 at 9:28 AM

      If Eminem is “Slim Shady”, does this mean Selig is “Outrageously Shady”? I sure hope he doesn’t retire from Commissioner and try a career in hip-hop. Although, maybe baseball agent Jay-z could give him some pointers.

  4. cackalackyank - Dec 13, 2013 at 9:23 AM

    I don’t know if this is a smoking gun but, like the post says, it is a stinking gun. Obviously A-rod is a lying sack to be standing there saying he is innocent of everything. However, this does not leave much room for doubt that MLB is “out to get him”. It is a bit interesting that somehow, after all this time, the arrest happens weeks after the arb hearing is over. Yesterday there was a post about MLB trying to get evidence added to the arbitration case or have the case re-opened. I wonder if MLB will back away from that now that this arrest has been made. If they do, it would almost indicate they are concerned about what this guy might be saying.

    • jeffbbf - Dec 13, 2013 at 10:04 AM

      Does the ends justify the means? While there may be no doubt that MLB is “out to get” ARod, is this a bad thing? If ARod is guilty, then no. If ARod is not guilty, then yes. One of these parties is going to look terribly foolish when this is all over, but it’s making great theater today. In the meantime, both sides look pretty dirty, but are innocent until proven guilty – so why not start reporting it that way instead of a constant barrage against Bud and MLB? But, I have to keep reminding myself that this really isn’t a news source – it’s a blog where the information, opinion, and facts are controlled by the writers. And that’s ok – it’s entertaining.

      • churchoftheperpetuallyoutraged - Dec 13, 2013 at 10:32 AM

        If ARod is guilty, then no. If ARod is not guilty, then yes.

        You’re asking if it’s okay that a private enterprise tries to purchase stolen documents while conducting a witchhunt against one of it’s members? Would you be okay with your employer doing the same to a coworker? To you?

        What justifies what they did, because Arod may/may not have taken PEDs? The horror…

      • Kevin S. - Dec 13, 2013 at 10:35 AM

        It’s also totally okay for the cops to illegally search your house as long as they find the evidence that proves you really did it.

      • raysfan1 - Dec 13, 2013 at 10:35 AM

        If it is established that MLB in fact conspired to commit an illegal act in obtaining their evidence, then the ends definitely does not justify the means.

        Rodriguez is probably guilty as hell of breaking all manner of baseball rules. However, baseball’s moral and legal authority to act in protecting its image (ie, its business because like all businesses it really only cares about the bottom line) does not include violating the law.

      • hittfamily - Dec 13, 2013 at 10:41 AM

        As Michael Scott always says, “It was mean, but sometimes the ends justify the mean”.

      • jfk69 - Dec 13, 2013 at 1:01 PM

        Well jeff. I as your employer think your reasoning and logic is flawed. I also don’t like you You might be on drugs as well. Lets find out. If your innocent then my search of your home and personal effects is all right. A required blood and hair test will seal the deal. If your found guilty then I am right as well. We will all be OK with it. What do think?

      • jeffbbf - Dec 13, 2013 at 2:26 PM

        I’m not sure I ever said that an illegal act justifies the ends – I’m pretty sure I said both parties are innocent until proven guilty. But, if you want to start pumping your shotguns and waving the constitution, have fun. Like I said, this is all entertainment

  5. gibbskins9 - Dec 13, 2013 at 9:24 AM

    Wow, this is the gift that keeps giving all year long.
    Happy Holidays to All

  6. jobotjones - Dec 13, 2013 at 9:27 AM

    This would all make for a good (terrible) movie some day.

  7. ctony1216 - Dec 13, 2013 at 9:30 AM

    So, did MLB, St. Fleur and Jones obstruct a Florida Health Department investigation, and is that a crime?

  8. tcostant - Dec 13, 2013 at 9:38 AM

    I still think A-Rod will get 100 game or less (maybe even 50). Bottom line, they are treating him different and the CBA will view him as first time offender, so I like his chance. Schewing the Yankees is just a bonus.

  9. m3dman3 - Dec 13, 2013 at 9:38 AM

    MLB’s new proposed discipline to A Rod. 0 game suspension.

  10. phillyphannnn83 - Dec 13, 2013 at 9:46 AM

    If Eminem is “Slim Shady”, does this mean Selig is “Outrageously Shady”? I sure hope he doesn’t retire from Commissioner and try a career in hip-hop. Although, maybe baseball agent Jay-z could give him some pointers.
    Dumbest comment ever.

    • cackalackyank - Dec 13, 2013 at 1:14 PM

      Actually, someone that doesn’t know what the reply button is for wasting their time complaining about a joke ten comments later is the dumbest comment ever. Have a nice day.

      • phillyphannnn83 - Dec 24, 2013 at 2:44 PM

        Actually, someone who doesn’t know there’s an App for this website and there’s no reply button on the app is apparently clueless and shouldn’t be lecturing someone else about what they know.

    • cackalackyank - Dec 24, 2013 at 3:11 PM

      Even dumber still, replying again on your toy ELEVEN days LATER. Its the Holidays, get a life and enjoy them.

  11. drewzducks - Dec 13, 2013 at 9:56 AM

    Where’s Woodward and Bernstein when you need them. All the Commissioner’s Men.

    • Old Gator - Dec 13, 2013 at 10:03 AM

      “I am not a crook.”
      -Bud Light

  12. sabatimus - Dec 13, 2013 at 12:02 PM

    They arrested Selig?

    • sabatimus - Dec 13, 2013 at 12:03 PM

      I mean, that’s gotta be an alias.

    • Old Gator - Dec 13, 2013 at 1:33 PM

      Oh, but wouldn’t that be perfect? It would lend special meaning to every gobbet of pigeon poop deposited on his statue in front of Miller Park. Or maybe they could paint stripes on it….

  13. Carl Hancock - Dec 13, 2013 at 12:26 PM

    HIPAA? LOL Does HIPAA come into play with your crack dealer if he logs his sales in a notebook? Anthony Bosch was NOT a real Doctor. He didn’t have a medical degree. He wasn’t licensed to practice medicine. This wasn’t a real medical facility. It was a drug dealer who happened to deal in performance enhancing drugs operating out of the back of a tanning salon. Does that spell it out enough for all you idiots wondering if HIPAA applies or if it being a medical facility applies? To sum it up: No. Neither apply.

  14. mikeevergreen - Dec 13, 2013 at 12:32 PM

    None of this exonerates A-Fraud. He’s still a cheater, and a liar. Go away Alex.

  15. Carl Hancock - Dec 13, 2013 at 12:34 PM

    To add to my comment above, to the commenter that wondered if someone hacked Walgreens and found out your prescriptions… Walgreens is a pharmacy. It’s covered by HIPAA and laws related to patient confidentiality. They provide prescriptions that your doctor has prescribed you so of course they are covered by some of the same laws related to privacy. But of course that only applies to legitimate pharmacies. Not ones being run out of the back of a tanning salon illegally.

  16. righthandofjustice - Dec 13, 2013 at 12:42 PM

    “MLB was fully aware of this given that they made an inquiry to the police about the theft prior to purchasing the documents from Jones.”

    That’s the reason why MLB tried all kinds of tricks to stop A-Rod from releasing the documents and hosting public conferences. If their own investigator blew the whistle and the police put it down in their official record book before the unethical, if not unlawful, bargain with Gary Jones happened, MLB officials knew multiple felony charges would be falling down to their heads sooner or later.

    Regarding whether Fischer staged this theft with Jones, I have to believe Fischer based on the fact that he was the one who contacted Jerome Hill of Florida’s Department of Health voluntarily about the documents. It was also reported MLB offered Fischer $125,000 for the same documents that were stolen from his car and later sold to MLB by Jones for the same $125,000. Why wouldn’t Fischer just take all the $125,000 by himself instead of sharing it with Jones and risk getting charge for staging the theft? Furthermore, Fischer called the police immediately when he found his documents stolen but Jones didn’t. If the theft was staged, both Fischer and Jones would have told the police the same story.

    Either way, MLB is playing dumb but don’t expect everybody to be equally dumb. By the way, why should the REAL world believe a multi-billion dollar organization which “rejected” a crucial move proposal by one of their teams 6 months ago without any trace of documents in their official record books and news made known to the public?

    MLB has become the ultimate farce in the sport world!

    • cackalackyank - Dec 13, 2013 at 1:19 PM

      This is what happens when you give billionaires anti-trust exemptions.

  17. jfk69 - Dec 13, 2013 at 1:06 PM

    Bud Selig couldn’t be that stupid again. I mean getting caught in the baseball collusion case with the other owners trying to fix the players salaries and then having to pay 290 MILLION DOLLARS to the players to make it go away.

  18. dparker713 - Dec 13, 2013 at 1:31 PM

    There is a third option – MLB was a part of the criminal conspiracy .

    • righthandofjustice - Dec 13, 2013 at 2:29 PM

      Both scenarios (a) and (b) don’t preclude the possibility that MLB orchestrated the theft to intentionally stop Florida’s DOH from obtaining the documents, and therefore force the premature closure of the state agency’s investigation into other clinics and medical staffs.

      The steroid cop, Jeff Novitzky, has reportedly asked the FDA to take over the investigations of Bosch and Biogenesis of America a month or so ago. Novitzky has asked Selig and MLB to investigate Melky Cabrera’s fake website scandal thoroughly last year but MLB came back with nothing… If the FDA follows through now nobody can rule out the possibility that someday Selig and MLB will be charged under the RICO Act.

      Through his arbitration hearing, A-Rod has successfully asserted Bud Selig was well aware of MLB’s “investigation” method. If further investigation goes through the RICO path, Selig’s testimony is a MUST.

  19. missingdiz - Dec 13, 2013 at 2:02 PM

    Somebody’s probably working on a screenplay about this right now. But I don’t think it will work out, not without a young Peter Lorre to play Reginald St. Fleur.

    • mrpinkca - Dec 13, 2013 at 7:42 PM

      Really wierd people involved in a serious of really weird crimes? Sounds like the Coen brothers.

      Movie starts with Javier Bardem (I couldn’t think of anybody who looks a lot like a-rod) staring intently at his centaur portrait.

  20. anxovies - Dec 13, 2013 at 10:42 PM

    The arrest of St. Fleur must concern MLB a little. If some prosecutor eager to make a name decides that representatives of the league knowingly bought stolen property we may hear a lot more about this. Not exactly wishing for that, but it is the off-season and not much is going to happen until Spring Training.

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