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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
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 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.

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