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Baseball Union Concludes Melky Cabrera’s Agents Were Unaware Of Phony Website Scheme

August 5, 2012; Denver, CO, USA; San Francisco Giants left fielder Melky Cabrera (53) hits a single during the fifth inning against the Colorado Rockies at Coors Field. Credit: Chris Humphreys-US PRESSWIRE

The following article is a guest contribution by Benjamin Haynes, Esq.   Haynes is a former Division 1 Basketball Player at Oral Roberts University and currently practices law in the State of Florida.

San Francisco Giants left fielder Melky Cabrera can continue to be represented by Sam and Seth Levinson of ACES. Credit: Chris Humphreys-US PRESSWIRE

Melky Cabrera was suspended for 50 games this past season after he tested positive for testosterone. Back on August 19, 2012, the New York Daily News reported that Cabrera and at least one of his handlers launched an elaborate scheme to get his positive test thrown out, including the creation of a web site that was to advertise a topical cream, which does not exist.

Juan Nunez, whom Seth and Sam Levinson of ACES claimed was a firm consultant and not an employee, took responsibility for fabricating this website in which Cabrera was intending to rely on. Melky initially believed he could have his positive test overturned by attempting to prove he ingested a banned substance through no fault of his own.

This odd website stirred an investigation from the Major League Baseball Players Association. After a thorough investigation, union head Michael Weiner reported that, “none of the ACES principals were involved in or had knowledge of the Cabrera scheme,” meaning the union concludes Seth and Sam Levinson did not have knowledge about this website created by Juan Nunez.

The union further concluded that Sam and Seth failed to manage and supervise employees of ACES sufficiently, specifically Juan Nunez. Sam and Seth were trying to assert that Nunez was an independent contractor and not an employee of ACES. This was because an employer has a duty to sufficiently supervise employees of a business. However, if one is deemed an independent contractor, an employer has much less of a burden to supervise the contractor’s activities. The union deemed Juan an employee of ACES, and therefore ruled that the Levinson brothers failed to supervise Juan sufficiently.

After the union’s findings were revealed, Seth Levinson stated, “We are pleased to have been cleared of wrongdoing by the players’ association after its thorough investigation, and we greatly appreciate the support we received from our players. For 27 years we have represented our clients with honesty and integrity and we will continue to aggressively assert and protect the rights and interests of our players.”

The union stated that punishment towards Sam and Seth has been handed out, but would not disclose the specifics. Michael Weiner did say that ACES remains eligible to represent players.

Juan Nunez isn’t so lucky. Nunez has been banned from all MLB clubhouses and has further been indefinitely barred from certification as an agent of any kind.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.