Headline Performance Analysis Sports Agents

Will Any Baseball Agents Be Disciplined Based On Biogenesis?

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
Melky Cabrera was once suspended 50 games for using performance enhancing drugs. Photo Credit: Chris Humphreys-US PRESSWIRE

50-game suspensions for more than 10 players associated with Biogenesis.  A 65-game suspension for Milwaukee Brewers outfielder Ryan Braun.  A whopping 211-game suspension for New York Yankees third baseman Alex Rodriguez (under appeal).  And yet not a single agent has received any discipline.

Jack Dickey of TIME asks, Why Haven’t the Agents Been Punished in Baseball’s Biggest Scandal?  It is a question that has been ignored by many, although I am sure that the subjects of Dickey’s articles have not gone a day without thinking about whether MLB will eventually drop the hammer on them.  Those agents are Sam and Seth Levinson, the founders of ACES Baseball, a company ranked this year as the world’s fourth most valuable MLB agency with a total of $660.2 million in contracts under management.

As Dickey points out, 13 of the 19 baseball players implicated in the Biogenesis scandal were represented by ACES Baseball.  They were connected to a man named Juan Carlos Nunez, who purportedly assisted in connecting players to Biogenesis and helped at least one player (Melky Cabrera) attempt to hide his use of performance enhancing drugs.

Dickey does not understand how the MLBPA cleared the Levinsons of any wrongdoing, but notes that MLB continues to investigate the brothers.  Perhaps that investigation is able to dig up some dirt or maybe it exonerates Sam and Seth Levinson.  Dickey notes that the Levinsons introduced their clients to Nunez and told their clients to work with him.  And then Dickey dropped this:

Yes, the fault for using PEDs—to whatever extent such a thing is worthy of scorn—should fall primarily on the players themselves. But it’s right there in the agenting handbook, rule 5(b)(21), clearer than any of the bylaws MLB used to levy its Biogenesis suspensions: “No Player Agent… shall provide or assist any player in obtaining any substance prohibited under Major League Baseball’s Joint Drug Prevention and Treatment Program.”

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.

One reply on “Will Any Baseball Agents Be Disciplined Based On Biogenesis?”

Comments are closed.