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MLB Players Recruiting Sports Agents

Illegal Smuggling Or Legal Aid?

Former SportsAgentBlog.com contributor, Andrew Bouthiller, and a variety of other journalists covered a juicy story last July:

A federal judge sentenced U.S. sports agent Gustavo “Gus” Dominguez to five years in prison for smuggling potential Major League Baseball players out of Cuba. District Judge K. Michael Moore ordered the prison term for Dominguez, the 48-year-old co-founder of California-based Total Sports International Inc. Dominguez, who has represented dozens of Cuban defectors and other major league players, was convicted in April of smuggling five prospects out of Cuba to the Florida Keys and then on to California, where he shopped them to potential teams. In addition to five years behind bars, the judge ordered Dominguez to serve three years probation and to pay a $2,100 fine.

Gus DominguezYes, Gus Dominguez was a Cuban-born baseball agent.  Since the early 1990s, his specialty was in assisting Cuban ballplayers who made their way to the United States.  Then, in 2006, he was indicted for supposedly paying $225,000 to a smuggler named Ysbel Medina-Santos (who went by “Javier”) to sneak five Cubans into the U.S and eventually ended up with a 5-year prison sentence laid on him.  Three of the players were never signed by an MLB organization and two are in the Minor League.  None of them believe that Dominguez paid the money in order to smuggle the ballplayers into America.  Neither does Michael Lewis, a contributor to The New York Times Magazine.

I just finished a very lengthy article written by Mr. Lewis, that I would consider to be a must read for any baseball fan, Cuban, or combination of the two.  Within the twelve pages of heavy details, Lewis mentions that instead of giving money to “Javier” to smuggle potential clients into the country, Dominguez claims that the payment revolves around current Seattle Mariners shortstop, Yuniesky Betancourt.  Dominguez was on track to get Betancourt a sweet deal with the Mariners when Javier came knocking.  He wanted his obligatory 5% smuggling fee before the deal had even been approved.  If Dominguez didn’t pay them, Medina-Santos [Javier] threatened, they’d break Betancourt’s legs and end his career. Then came a threat to kill Dominguez and his kids if payment was not forthcoming.

The story reveals everything from a description of a Cuba baseball fanatic named Kit Krieger to the two different types of pesos being used on Castro’s island.  Want to know the difference between the Metros and the Industriales?  It’s all in this article.  More importantly, Lewis looks at the terrible state of Cuban baseball and wonders whether Gus Dominguez has been rightfully placed in jail.  Actually, he seems to think that his sentence is unjust.

But conversation about a potentially rogue Cuban-born agent named Gus Dominguez just touches the brim of the controversy surrounding Cuban baseball.  Is Dominguez being used as a scapegoat to hide the true problems that are brewing under the surface…90 miles south of Key West?

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.

6 replies on “Illegal Smuggling Or Legal Aid?”

Wow. Thanks for the link. That’s a really great article (like most anything Lewis writes). The guy I’m still curious about is Jaime Torres, Betancourt’s current agent, who represents a LOT of Cuban ballplayers.

LOOKING FOR CONTACT NUMBER FOR JAMIE TORRES
BASEBALL AGENT IN MIAMI MY NUMBER IS
786-704-3004 ALEX

Any reader interested in viewing Cuban baseball up close, join me in my 2009 Cubaball tour. Dates are January 26-February 3. Attend games, visit sites related to the rich history of Cuban baseball, meet veteran Cuban players, including former members of the legendary Havana Sugar Kings and Conrado Marrero, the last surviving major leaguer on the island. Visit the Cubaball website (www.cubaballtours.com) for details.

Kit Krieger

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