Showing posts with label indictment. Show all posts
Showing posts with label indictment. Show all posts

Sunday, November 18, 2007

Indicted

Two major indictments were handed down in Major League Baseball this past week. The one everyone knows about, Barry Bonds for perjury and obstruction of justice, and super-agent Scott Boras.

The Boras sycophants have been busy putting a positive spin on the Alex Rodriguez mess, saying that Boras still got his client the biggest contract in the history of the sport...again. The problem with that is that he didn't.

And what makes it worse for Boras is how this went down.

According to the Wall Street Journal, Boras was kept out of the loop by his dissatisfied client on the advice of corporate raider and financial wizard Warren Buffett. For those of you who don't know who Buffett is, think of yourself as a defensive coordinator for a high school football team and Bill Belichick comes along and tells you to ignore your head coach when setting up your football strategy. Not a great analogy, granted, but I think you get the idea.

As of June 2006, Fortune Magazine called Buffett the world's second richest man, valued at over $44 billion. According to various sources, in spite of increasing his net worth to an estimated $52 billion, he is believed to be the third richest person behind Mexican tycoon Carlos Slim, and Microsoft mogul Bill Gates.

This man's companies either control, or hold significant stock shares in GEICO, Coca Cola, Anheuser Busch, Wal-Mart, American Express, Nike, Outback Steak House, Dairy Queen, M&T Bank, Wells Fargo, Fruit of the Loom, and Jordan's Furniture. That only scratches the surface of Buffett's holdings.

This investor's advice to A-Rod essentially amounted to, "Boras can't be trusted with your money to get you the best return on investment. Get him out of the loop."

The only positive thing to come out of this for Boras is that, due to his contract to act as A-Rod's agent, he still gets a cut of the deal.

The negative, and this is big - this could hurt the ability of Boras to attract new clients. Other agents competing with Boras to recruit top flight young talent will be able to ask them, "do you want this guy representing you? One of the most respected financial geniuses in the world advised A-Rod to get him out of the negotiating loop for the last contract - essentially told the best player in baseball that this guy was poison to his chances of the highest paying contract in baseball history?"

Let the fall-out begin.

Friday, November 16, 2007

The Seven Deadly Sins

Pride and Lust -

Barry Bonds was indicted on perjury charges yesterday.

Dave over at the Coffin Corner already has this pretty well covered, but I did want to cover a few things in regards to this.

According to the AP report, Bonds started taking the cream, clear, and anabolic steroids the year after the "magical" steroid induced home-run race between Mark McGuire and Sammy Sosa in 1997. Pride and lust took over. It wasn't enough for Bonds to be considered among the best players in baseball. He wanted everyone to call him the best period.

He clamored, yelled, and screamed for the love of the fans and the louder he yelled, like a five year old pitching a fit, the more we looked at him as a petulant little child. He lusted for our approval, and couldn't get it outside of his home stadium.

Now he has a federal prosecutor to deal with - those with the 95 percent conviction rate. And that's after those who settle without going to court.

I've run the numbers before, and it turns out that people that beat the rap in federal court comes to somewhere in the neighborhood of 5 out of every 1000 cases. Five. This is what pride and envy has gotten Bonds.

Of course, comically, Bonds has threatened to boycott the Hall of Fame. With the way this is coming down, don't be surprised if he never gets there.

Gluttony and Greed -

Alex Rodriguez and Scott Boras rolled the dice believing that they could get $350 million over the next year from some chump. Boras called that figure a starting point for negotiations, meaning he believed that he could have gotten his client more than that. The positive spin that is put on this is that A-Rod has signed, consecutively, the two biggest contracts in the history of Major League Baseball.

However, it can't be overlooked that Boras overestimated his client's worth by a minimum of $80 million, and possibly more. That translates to $8 million per year or a total of 29 percent of the overall contract's average annual worth. That's a huge mistake.

Envy -

As the Patriots batter their way closer to an undefeated season, the 1972 Dolphins from Don Shula down through the players are handling the threat to their record with something considerably less than class and aplomb. If anything, Shula is coming off as envious of what is happening, firing preemptive strike after preemptive strike - pretty much calling the Patriots season tainted and claiming his 1972 Dolphins as the best team ever.

I find it funny that someone whose own team was fined a first round pick for tampering talks about someone else doing something outside of the rules, and then claims that his team - one that played the third weakest schedule in the history of the NFL during the Super Bowl era - was the "best ever."

I respect what the Dolphins accomplished, but let's face it, they did it against the weakest competition of any Super Bowl winner - and to start shouting "look at me, we were better," does nothing but tarnish the 'Phins' legacy.

Sloth -

Adam "Pacman" Jones applied for reinstatement to the NFL and was turned down. Part of Jones' enforced off-season during which Roger Goodell told the troubled corner that a shortening of his suspension would be based on how he handled the time he had off.

Jones, who has had to perform community service in relation to one of his many arrests, gave inner city kids in Atlanta tickets to his pay per view wrestling event in the hopes of satisfying his community service requirement. For a guy trying to show his employers that he's working to do the right thing, that's about as lazy as it gets.

Wrath -

The fans outside of New England are angry. It is frustrating to be a fan of sports in other cities, and I do not fault the fans out there for that (but at least talk intelligently about the teams - don't just sit there and yell "they suck," it belittles you and the team you root for). The Red Sox wrapped up their second World Series title in four seasons, and look like they will be the team to beat in the AL East for at least the next couple of seasons.

The Patriots are in the middle of what could be a run at history, the Celtics are off to their best start since 1972, the Revolution is on the verge of a possible championship, the Bruins look like they might be able to contend, and Boston College is looking like a lock for a bowl game in spite of recent struggles.

There have been a lot of comparisons to New York and the Yankees, but let's face it - no city, not New York, not San Francisco, not Atlanta, not Dallas, has ever played host to such a serendipitous convergence of excellence from its sports franchises.

And that seems to have pissed off the rest of fan-nation.

C'est la vie.

One last note -

Am I the only person who sees the irony in the fact that three years ago the Ravens drafted a young quarterback in the sixth round named Derek Anderson, yes, the same Derek Anderson who has led the Browns to second place in the AFC North, and had a chance, in spite of a bad game, to maneuver the team to a tie for first against the Steelers last week, while the Ravens can't find a quarterback that can do jack. How does that happen with an "offensive genius" like Brian Billick? How does someone like that so grossly underestimate the talent at the team's keystone position?

I don't know how good Anderson is going to be, but let's face it, he's better than anything the Ravens have.

Friday, August 10, 2007

Double Jeopardy

As explained at http://lp.findlaw.com/:

''The constitutional prohibition against 'double jeopardy' was designed to
protect an individual from being subjected to the hazards of trial and possible
conviction more than once for an alleged offense. . . . The underlying idea, one
that is deeply ingrained in at least the Anglo-American system of jurisprudence,
is that the State with all its resources and power should not be allowed to make
repeated attempts to convict an individual for an alleged offense, thereby
subjecting him to embarrassment, expense and ordeal and compelling him to live
in a continuing state of anxiety and insecurity, as well as enhancing the
possibility that even though innocent he may be found guilty.''
In essence, the courts can only try someone once for a specific crime. This doesn't prohibit, however, the same charges being filed in regards to the same crime on both federal and state levels - which is what seems to be the direction that Virginia is going in with the Michael Vick dogfighting case.

That is not what I am referring to with Vick.

While it appears to be likely that Vick will face an indictment from the State of Virginia in addition to his federal indictment, I am talking about something different.

I am talking about the other indictment that could be handed down in Atlanta.

From 2004 through 2006 the Falcons won 11, 8, and 7 games respectively. In each of those three seasons, in spite of passing for more yards each year, his completion percentage dropped from 56.4 in 2004 to 55.3, and, ultimately 52.6 last season. Overall, he is a career 53.8 percent passer who has piloted the Falcons to two winning seasons. The only time that the Falcons have won more than nine games with Vick at the helm coincides with his highest completion percentage - 56.4.

Joey Harrington, for all the knocks he takes in the press, is the better quarterback. Over the last three seasons playing for Detroit and Miami - two teams no one could really consider contenders, Harrington has posted completion percentages of 56, 57, and 57.5 respectively.

If after six seasons of Vick, during which the Falcons could achieve ten wins only once, what will it say of Vick - the so called "most exciting player in the game," if Atlanta wins ten with Detroit's first-round quarterbacking bust at the helm?

Isn't that just another indictment of Vick?

His defenders point to the number of dropped passes his receivers had last season. They don't point to the fact that, until this past off season when the dogfighting was about to hit the fan, Vick didn't spend anymore time around Flowery Branch than the bare minimum required. He didn't spend the extra time developing that rapport with receivers that quarterbacks like Tom Brady, Peyton Manning, or Donovan McNabb do.

Whose fault is that? The receivers?

For all the hype, and the excitement he has caused on the field (and off), nothing ever justified Arthur Blank's signing of this man to the richest contract ever for a quarterback. As much as you may here players and coaches give proper respect to Vick's athletic ability - you never hear them talk about him as a great quarterback.

Why? Because defensive coordinators would rather face someone like Vick than someone like Brady or Manning. They know if they bottle up Vick, then they force him to pass. That's not a prospect that defensive coordinators in the NFL fear - not the way they fear what Brady, Manning, McNabb, Carson Palmer, Brett Favre, Drew Brees, or any one of a number of other quarterbacks can do if stuck in the pocket.

Don't be surprised if Vick faces another indictment by the end of the season - only this one will be on the football field.

Wednesday, July 18, 2007

Dry rot in Flowery Branch

I touched on this a little bit last night.

Michael Vick has been indicted on Federal charges related to the dogfighting investigation. The charges include conspiracy and transportation across state lines in addition to the dogfighting charges. The conspiracy charge in particular has to be troubling to Vick's lawyers as Vick's defense has been that he was never at the property.

Under the federal conspiracy statute, he doesn't have to be directly involved. As long as he has been facilitating the operation, he's got problems - and it's one of the few charges where proving that link is made considerably easier for the government.

Additionally, this isn't the incompetent Surry County prosecutor they're going against. And the federal prosecutor's office already has close to half a dozen witnesses that put him not just at the fights, but as a major player in the dogfighting underworld.

Some of the reports say that Vick could be in court as early as the middle of November.

Reaction from league offices has been...less than satisfactory given their reactions to other repeat offenders (and make no mistake, someone who is on his girlfriend's myspace page smoking a joint, and later gets in trouble at an airport over a water bottle with a secret compartment before getting indicted by a federal grand jury is a repeat offender). For many, particularly animal rights activists, the wait and see approach being favored by the league at the moment is not going to fly. According to a report this morning by Steve Wyche in the Atlanta Journal-Constitution:

"We are disappointed that Michael Vick has put himself in a position where
a federal grand jury has returned an indictment against him," NFL spokesman
Brian McCarthy said in a statement. "We will continue to closely monitor
developments in this case, and to cooperate with law enforcement authorities.

"The activities alleged are cruel, degrading and illegal. Michael Vick's guilt has not yet been proven, and we believe that all concerned should allow the legal process to determine the facts. The matter will be reviewed under the League's Personal Conduct Policy."

NFL commissioner Roger Goodell has suspended Tennessee Titans cornerback Adam "Pacman" Jones for the season for repeated run-ins with the law. Chicago Bears defensive lineman Tank Johnson, who was cut by the team recently, was suspended for eight games, for his legal problems. So was Cincinnati Bengals wide receiver Chris Henry.

Though the strengthening of the player code of conduct was aimed to punish repeat offenders, Goodell could suspend a player on a first offense and has warned Vick as much.

Goodell, who took over as commissioner in 2006, met with Vick in late April, shortly after police raided a property Vick owns in Surry County, Va., and found evidence of dogfighting. At that time, Vick told Goodell that he was not involved in dogfighting. Vick also said as much publicly then, in his only statements on the issue.
If the facts prove that Vick was not honest with Goodell, that could factor into any punishment levied.

Blank also met with Vick in early May and in a "stern" conversation. Blank said the
talk was mostly one-sided but that he would trust and believe in Vick unless proven otherwise.

Part of the new player conduct policy deals with teams facing possible sanctions for not holding players accountable for negative behavior. That facet of the policy could prompt the Falcons to take proactive measures.



If the 27-year old quarterback does get suspended this season, and then convicted of the charges he faces - he could lose up to seven years of his NFL career to the dogfighting, effectively ending his tenure in the NFL. Personally, I believe that if he even had an inkling this was happening on his property (and I honestly believe he more than just had an inkling), Vick needs to be, I'd say thrown to the dogs, but I really don't think I should make a joke about this.

On a related note, what do you think Clinton Portis would say now?