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How The Melky Cabrera Chaos Is Affecting ACES Baseball Agency

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

It has been well-documented that Melky Cabrera, who has been suspended 50 games for use of performance enhancing drugs (PEDs) is a client of ACES baseball agency, a company owned and managed by brothers Sam and Seth Levinson, and that the company has been under investigation since it was discovered that a person associated with the agency (Juan Nunez) may have been involved in an attempt to cover-up Cabrera’s drug use.  Also noted by many in the baseball industry is that ACES recently lost clients Nyjer Morgan and Shane Victorino; however, at least one writer says that the Victorino move may be completely unrelated to the investigation of Melky Cabrera.

Yesterday, Maury Brown wrote an article that appeared on Baseball Prospectus titled, The Strange Case of Melky Cabrera Spills Over to His Agency.  What is most interesting about Brown’s coverage of the issue is that he highlights the October 2010 MLBPA Regulations Governing Player Agents and the Association’s creation of an Agent Advisory Committee as a “sounding board” for the new regulations.  That committee is made up of nine Player Agents, and according to Brown, one of the Levinson brothers may be on the panel.

“In October of 2010, the MLBPA rolled out a policy by which anyone who worked with a player agency and had contact with a player would only have access to limited MLBPA certification. The MLBPA was noticing problems with “runners,” such as Nunez, who had relationships with players but were not certified as agents. The union felt they had the right to regulate the conduct of those working with players, even if that person was not actually an agent but merely in contact through an agency.

At nearly the same time, the union created an Agent Advisory Committee as a sounding board. The nine-member committee is a cross-section of the agent base. Some of the agents on the board are high-profile, while others are small. No agency is on the board, but rather agents within them. With agents spread all over the country representing small and the large agencies, the committee provides feedback to the union. The term—just now ending for the agents presently on the committee—is two years, but not all the panel will be rotated out to allow continuity. As an interesting sidebar, according to sources, one of the Levinsons is on the advisory panel. There is no word as to which one and whether he will remain when the new term begins.”
It is too early to tell how all of this will affect the Levinsons and their practice.  However, if the pending investigation uncovers facts that reveals ACES was involved in the Cabrera scam or worse, that the Levinson brothers acted as an intermediary between former MLB catcher Paul Lo Duca and a PED distributor, the consequences could be dire.  In the meantime, the Levinsons have maintained their innocence.

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.