Former ACES Contractor Sues Agency; Levinson Brothers Respond
TODAY: Deadspin has obtained and published the complaint in full.
Those interested in learning all of the details of what Nunez states in his filing will want to read it in its original form. But it is worth discussing a few pertinent allegations, all of which were previously investigated (at least to some extent) by the MLBPA but which could now be subject to a different sort of test through the civil litigation process.
Nunez claims that the Levinsons directed and supervised his actions, approving of his questionable efforts. He details a purported undertaking to retain Fernando Rodney as a client during a dispute with another agency, with the Levinsons allegedly ordering Nunez to engineer an arrangement to kick back a portion of the agency’s fee when the MLBPA had ordered that there not be any contact with the reliever.
On the PED front, Nunez says that the Levinson brothers were behind his effort to connect players with performance-enhancing substances through Tony Bosch and the Biogenesis clinic. He also charges the ACES leaders with being “intimately involved” in the failed, harebrained scheme to clear Cabrera (which he details in all its elaborate absurdity). And he explains his prior admissions to the contrary by suggesting the Levinsons asked him to take the fall and promised to take care of him.
YESTERDAY:A disgraced former figure in the baseball world has filed a lawsuit that proposes to revisit one of the game’s most notable scandals. According to a report from Jon Heyman of Fan Rag, Juan Carlos Nunez — who served jail time relating to the Biogenesis PED mess — is suing the ACES agency that he once worked for as an independent contractor.
At this point, details are quite hazy even as to the allegations, as the complaint itself has yet to surface. Per Heyman, Nunez claims that ACES founders Sam and Seth Levinson guided and funded him in a scheme to attract clients and connect them with performance-enhancing drugs. He is seeking “millions” in damages under as-yet-unknown legal theories.
When reached for comment, Seth and Sam Levinson provided MLBTR the following statement:
“While we have not yet seen the complaint, Juan Nunez is a convicted felon who spent time in federal prison. He betrayed his family, the players who trusted him and the very people who gave him an opportunity at a great life and career. He was terminated almost six (6) years ago, in August of 2012, after his betrayals came to light. ACES has been thoroughly investigated, and at every turn, has fully cooperated. The MLBPA exonerated us, all of the players cleared us, and it was conclusively proven that we did absolutely nothing wrong. This is nothing more than a shakedown by a man broken by his own criminal actions. We will take the fight to Mr. Nunez for any meritless and defamatory claims, and we will seek all available remedies and damages that his criminal behavior has caused.”
Given that we don’t yet even know precisely what has been alleged, let alone what evidence might be mustered, it goes without saying that the actual merits of Nunez’s claims are anything but settled. Those general caveats are certainly all the more pressing here, given Nunez’s highly problematic track record.
Nunez is perhaps best known for setting up a fake website in a misguided plot to absolve Melky Cabrera (then an ACES client) of his 2012 PED suspension. It turned out that Nunez’s ties to illicit substances went beyond that case, as he was ultimately sentenced to jail time and house arrest after copping to functioning as an intermediary between baseball players and the Biogenesis clinic. Nunez was reportedly implicated in prior scams and came with an undesirable reputation even before Biogenesis.
The MLBPA investigated the ACES agency as part of the broad Biogenesis fallout, as the agency represented ten players that were caught up in the scandal. The Levinsons vehemently denied any knowledge of Nunez’s improprieties and were ultimately cleared by the union. ACES continues to represent a lengthy list of major leaguers, as documented in MLBTR’s Agency Database.
In large part, then, this is a heavily-trodden matter that has largely been resolved. That said, there surely were many questions legitimately asked with so many ACES clients coming under scrutiny. The agency obviously benefited from the relationship with Nunez, who helped to recruit and retain Spanish-speaking ballplayers. Some around the game raised concerns with the Levinsons, as documented at the time in reports such as this one from Bob Nightengale of USA Today, though the agency has not faced discipline and has continued to operate as usual in the ensuing years.
It remains to be seen whether this lawsuit will lead to the production of new information relating to the Biogenesis matter, let alone whether there is any chance that the commissioner’s office or MLBPA will reengage a matter they’d surely like to leave in the past. That may hinge upon whether Nunez is able to produce any actual evidence. Of course, with the potential discovery process in this suit still a ways off, it is not even known yet whether this litigation will really provide a vehicle for reliable new information, let alone whether it will meaningfully change our understanding of this unfortunate epoch of MLB history.
AL East Notes: Beltran, Rays, Yankees, Orioles
Just-retired slugger Carlos Beltran turned down a front office role with the Yankees earlier this offseason, reports The Athletic’s Marc Carig (subscription link). Beltran says that only a managerial position would’ve dissuaded him from his plan to take at least a year off from the game after retiring as a player, but he would consider other roles in the future. Carig chronicles Beltran’s indoctrination to the business side of baseball, which began back in a 2003 arbitration hearing with the Royals. Now, Beltran draws praise from executives like Cashman and field staff like Astros manager A.J. Hinch, who both effused praise for Beltran’s baseball acumen and future in the game in interviews with Carig.
Elsewhere in the AL East…
- Marc Topkin of the Tampa Bay Times examines some of the many open questions facing the Rays as camp opens. He says the organization is still “working hard through the spring thaw” to work out trades that will draw down payroll. Interestingly, that could come through some kind of swap that includes not only a pitcher but also a more expensive position player, says Topkin, who suggests that Corey Dickerson or Denard Span could be moved along with righty Jake Odorizzi. That concept seemingly increases the variety of potential outcomes that one might imagine, though it doesn’t help provide much clarity to an overall market situation that remains largely unresolved as camps open.
- The Orioles have discussed the possibility of a non-roster invitation to Spring Training for Pedro Alvarez, Michael Bourn, Colby Rasmus and Michael Saunders within the past week, according to Eduardo A. Encina of the Baltimore Sun. It’s a bargain-hunter’s collection of names, considering the fact that higher-profile left-handed bats such as Logan Morrison, Carlos Gonzalez, Jon Jay and Jarrod Dyson remain available in free agency. (Morrison, of course, isn’t an outfielder at this point in his career, though the same is true of Alvarez.) The O’s have been interested in Rasmus and Saunders in prior offseasons, Encina notes, though it’s not clear what Rasmus’ plans are at present. The veteran outfielder stepped away from the game for personal reasons last July, and there hasn’t been much mention of him this winter.
- While he still expects the Orioles to acquire at least one starter via trade or free agency, Dan Connolly of BaltimoreBaseball.com also indicates that he expects right-hander Mike Wright to get another opportunity to prove himself in the rotation in April. The 28-year-old Wright is out of minor league options, Connolly notes, adding that the Orioles do not want to give up on Wright despite a lack of results in the Majors. Wright has a paltry 5.86 ERA, 5.46 FIP and 5.16 xFIP in 144 2/3 big league innings, but he’s been considerably better in Triple-A, where he owns a lifetime 3.53 ERA in 389 2/3 frames — including a flat 3.00 ERA in 240 1/3 innings across the past three seasons.
- Beyond all the other uncertainties permeating the game this spring, there are still a fair number of unresolved arbitration cases, as our 2018 MLB Arbitration Tracker shows. As Ben Nicholson-Smith of Sportsnet.ca notes on Twitter, Blue Jays righty Marcus Stroman had his hearing yesterday, though results aren’t yet known. Meanwhile, Orioles starter Kevin Gausman is still hoping to work something out rather than heading for a hearing tomorrow, as Roch Kubatko of MASNsports.com tweets.
Minor MLB Transactions: 2/12/18
Here are the day’s minor moves:
- The Brewers announced the addition of outfielder Quintin Berry on a minor-league arrangement. And the team also re-signed right-hander Hiram Burgos to a minors deal, Chris Cotillo of SB Nation tweets. Berry, now 33, is chiefly known for late-season and postseason stints as pinch runner and defensive replacement, but he did earn a brief trip up to the majors last year with Milwaukee. The 30-year-old Burgos has still yet to play with another organization, though he has only received six total MLB outings with the Brewers, all of which came in 2013. He struggled to a 6.06 ERA in 62 1/3 total frames in the upper minors last year, but did still carry 9.2 K/9 against 2.9 BB/9.
- Lefty Matt Tracy will join the Blue Jays on a minor-league pact, per Cotillo (via Twitter). Tracy, who came to the professional ranks as a 24th-round pick by the Yankees, has just one MLB appearance under his belt but will offer a swingman depth option. The 29-year-old spent last year with the Twins organization, working to a 4.71 ERA in 84 innings spread over three levels of the minors.
Nationals Acquire Matt Reynolds
The Nationals have acquired utilityman Matt Reynolds from the division-rival Mets, per a club announcement. Cash considerations will go to New York in the agreement for Reynolds, who had been designated for assignment recently.
Reynolds, 27, has struggled in his limited MLB opportunities and was squeezed off of the Mets roster as the team has continued to add infielders. The Nats had an unexpected opening arise recently when young catcher Raudy Read was hit with a PED suspension.
Though he has accomplished little in limited MLB time, Reynolds has shown an ability to line up all around the infield and in the corner outfield. And he has posted a solid (albeit PCL-aided) .289/.348/.419 slash in over a thousand career trips to the plate at Triple-A.
To crack the Nationals’ active roster, Reynolds would likely need to beat out Wilmer Difo for an infield reserve spot. Of course, he could instead be optioned to Triple-A to serve as affordable and versatile depth, or the Nats could attempt to sneak him through waivers at some point.
Pro Hockey Rumors: Your Source For NHL Trade Deadline Coverage
Two weeks remain until the February 26th NHL Trade Deadline, and our sister site Pro Hockey Rumors is all you need to stay up to date on the latest news. Will the Buffalo Sabres find someone to pay their steep asking price for Evander Kane? Will the Vegas Golden Knights buy to help their historic expansion run? Are the New York Rangers really going to blow it up while Henrik Lundqvist is still there?
Visit Pro Hockey Rumors now and be sure to follow us @prohockeyrumors on Twitter!
Latest On Eric Hosmer
The Padres and agent Scott Boras have “engaged in regular dialogue” regarding Eric Hosmer over the past few days, reports Dennis Lin of The Athletic. That’s a change from recent weeks, per Lin, when neither side was showing much in the way of urgency.
Lin goes on to report that both the Padres and the Royals have “suggested flexibility” beyond their initial seven-year bids, though it’s not clear whether that’s in reference to annual value, length of contract, inclusion of opt-out provisions or some combination of the above. As he has in the past, Lin notes that the Padres’ offer to Hosmer was for less than $140MM in total. Regardless, it still seems as if the Hosmer market is a two-horse race for the time being, barring the emergence of a surprise suitor as Spring Training kicks off in both Arizona and Florida.
As for the other horse in that race, the Royals are remaining fairly quiet on the subject. The Kansas City Star’s Rustin Dodd writes that he asked GM Dayton Moore about the matter, and while Moore confirmed that he remains in touch with Boras, he declined to delve into any further specifics. “I’ve been fairly transparent throughout this process,” Moore told Dodd. “At this point, we just have to let it play out.” The GM did note in a radio appearance with 810 AM’s The Program last week that Hosmer “is the player that fits us for the future.”
Yahoo’s Jeff Passan, though, wrote recently that Hosmer’s camp has been holding out to try to extract a nine-year deal from the Royals. Even if that may be a mere negotiation tactic to “settle” on a midpoint of eight years (that’s my own speculation, to be clear), a seven-year offer doesn’t seem likely to suffice at present. If the Padres and Royals do have some willingness for “flexibility” in their offers, as Lin suggested, then perhaps the first team to push its offer forward by another year will secure a deal.
With Spring Training kicking off this week, Boras/Hosmer can also hold out a bit longer to see if injuries create any new opportunities. After all, they do have the luxury of knowing that the Padres and Royals, two clubs that are interested in Hosmer despite their status as rebuilding/retooling organizations, aren’t likely to spend that money elsewhere or add a more affordable first baseman because their interest is more in Hosmer himself than in upgrading at the position. However, if Spring Training wears on and no obvious alternative emerges, one has to imagine that the current seven-year proposals would hold increasing appeal.
Cardinals, Bud Norris Agree To Terms
12:55pm: Norris is guaranteed $3MM on the one-year term, and the contract contains “significant” incentives, Rosenthal tweets.
Interestingly, Derrick Goold of the St. Louis Post-Dispatch reports that Norris will also be given the opportunity to start in the event that the Cardinals decide one or more of their younger arms need time in the minors early in the season. He adds that Norris is expected to join the team Wednesday, which would suggest that we’ll know the corresponding 40-man roster move within 48 hours or so.
9:50am: It’s a one-year, Major League contract for Norris, tweets SB Nation’s Chris Cotillo.
9:41am: The Cardinals are in agreement on a contract with free-agent righty Bud Norris, reports Ken Rosenthal of The Athletic (via Twitter). His contract is pending a physical. Norris is represented by Wasserman.
It’s not yet clear whether Norris, 33 next month, signed a Major League or Minor League contract, though the latter is a possibility following a rough finish to what began as a strong 2017 season. The 4.21 ERA that Norris authored through 62 innings last season doesn’t look overly impressive, but he was somewhat quietly dominant through the season’s first half; in 36 1/3 innings prior to the All-Star break, Norris notched a 2.23 ERA that was backed by a 2.96 FIP and a 3.21 xFIP. In that time, the starter-turned-reliever averaged 11.6 K/9 against 3.5 BB/9 with a 47.6 percent ground-ball rate.
However, Norris missed time in late June and early July with a knee injury, and upon his return, his success quickly deteriorated. Then the Halos’ closer, Norris improbably served up a pair of grand slams (being charged for all four runs in each instance) within a span of six days, ballooning his ERA from 2.23 to 3.89. Things didn’t get any better for him in the month of August, and he again hit the disabled list late that month due to inflammation in the same problematic right knee. Overall, Norris perhaps quite literally limped to a 7.01 ERA following the All-Star break and watched his K/9 (9.5), BB/9 (4.6) and ground-ball rates (41.8 percent) all go in the wrong direction.
The Cardinals, though, could be heartened by the fact that Norris’ success out of the ‘pen in the past couple of seasons has corresponded with a notable change in his pitch selection, as he’s largely abandoned his four-seam fastball in exchange for a cutter and sinker. If those changes and better health can allow him to sustain production more in line with last year’s first half than his nightmarish second half, then Norris could prove to be a bargain for a Cardinals team whose late-inning relief mix still looks to be rather unsettled.
As things stand, Luke Gregerson could well head into the year as the closer, though St. Louis also picked up righty Dominic Leone from the Blue Jays in the Randal Grichuk trade, and lefty Tyler Lyons had a breakout year as a high-leverage reliever last season. Any from that mix could conceivably find his way into the ninth inning in 2018, as could righty Alex Reyes when he returns from Tommy John surgery (even though the organization views him as a starter long term).
Photo courtesy of USA Today Sports Images.
Free Special Report: 39 Silent Killers Of Your Fantasy Draft
No matter how long you’ve been playing fantasy baseball, there are dozens of deliberate and subconscious silent draft killers that most of us are unable to avoid. In this FREE 22-page Special Report, fantasy baseball guru Ron Shandler discusses the many roadblocks to success – 39 of them! – and how to overcome them.
With your 2018 drafts right around the corner, make sure all the obstacles are cleared away so you have the best shot at winning.
This is a sponsored post from Ron Shandler.
Eric Fryer Retires
Veteran catcher Eric Fryer, who earlier this offseason had inked a minor league deal with the Phillies, has elected to retire instead of attending camp this spring, the team announced.
Fryer, 32, has spent parts of the past seven seasons in the Majors, including 94 games between the Pirates and Cardinals in 2016-17. In 374 plate appearances across the life of 159 games, Fryer hit .232/.320/.300 with a pair of homers, 14 doubles and a triple. In addition to spending parts of three seasons with the Pirates and two with the Cardinals, Fryer also saw action with the Twins in the 2014-15 seasons.
In addition to his time in the Majors, Fryer, a former 10th round pick (Brewers, 2007), enjoyed a nine-year career in the minors, during which he batted .269/.357/.396 in an additional 647 games. Best wishes to Fryer in his post-playing days.
Indians, Ryan Hanigan Agree To Minor League Deal
The Indians are in agreement with veteran catcher Ryan Hanigan on a minor league contract, reports USA Today’s Bob Nightengale (Twitter links). The O’Connell Sports Management client will earn a $1.25MM base salary if he’s able to crack the Major League roster.
Hanigan, 37, spent the 2017 season in the Rockies organization, logging 33 games in the Majors and another 17 in Triple-A. He hit .267/.324/.347 with a pair of homers through 112 plate appearances in the Majors last year — numbers that are fairly representative of his overall skill set despite the small sample size. Hanigan has long displayed solid on-base skills, especially for a catcher, as evidenced by a career .344 on-base percentage and 11.2 percent walk rate. That walk rate has trended downward in recent seasons as his strikeout rate has risen correspondingly, however, and he’s never displayed much in the way of power.
The veteran Hanigan will give Cleveland a depth option, though he’s a ways down the depth chart. Both Yan Gomes and Roberto Perez are under guaranteed contracts after signing long-term deals with Cleveland in recent years, and the Indians also have one of the game’s top catching prospects, Francisco Mejia, looming in the upper minors.