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Will steroids report lead to perjury investigation of Sammy Sosa?
[SIZE=-1]by Michael McCann, SI.com[/SIZE]
[SIZE=-1]Officials at the MLBPA and MLB are most likely aware of the names, as are various federal officials, including the agents who seized the computers, as well as judges, clerks, prosecutors and their assistants. Certain player agents and attorneys may also be aware of the list. In short, a lot of people have probably seen the list.[/SIZE]
[SIZE=-1]Granted, all of these persons "in the know" are bound by professional duties of confidentially, violations for which can trigger civil consequences. A baseball agent, for instance, could risk fine, suspension, or even decertification by the MLBPA, which certifies agents who have clients on 40-man rosters. The union itself is dissuaded from disclosing the names. Under federal labor laws, the MLBPA and its officials owe duties of trust and competence to each of its players. Should the MLBPA disclose the 104 players' names, the named players would be entitled to sue the MLBPA for breach of duties; they could also file a grievance with the National Labor Relations Board. Players' damages could be shown through reputational harm and potential loss of endorsement deals.[/SIZE]
[SIZE=-1]In addition to civil liability, certain federal officials could also be held criminally responsible for prosecutorial misconduct, which can theoretically entail leaking prejudicial information to media. Tracking down the source of the leak, however, would be extremely difficult. There may thus be inadequate deterrence to dissuade each person who is "in the know" from leaking the names. Indeed, it seems only a matter of time before we all know the remaining 102 names.[/SIZE]
[SIZE=-1]For Sosa and Rodriguez, however, the secret is already out of the bag and their baseball legacies may be irreparably tarnished. Yet unlike Rodriguez, who never lied under oath (lying to fans, media, teammates, agents, managers, and almost everyone is not a crime), Sosa may find himself subject to an additional and far worse penalty: a criminal prosecution for perjury.[/SIZE]
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[SIZE=-1]by Michael McCann, SI.com[/SIZE]
[SIZE=-1]Officials at the MLBPA and MLB are most likely aware of the names, as are various federal officials, including the agents who seized the computers, as well as judges, clerks, prosecutors and their assistants. Certain player agents and attorneys may also be aware of the list. In short, a lot of people have probably seen the list.[/SIZE]
[SIZE=-1]Granted, all of these persons "in the know" are bound by professional duties of confidentially, violations for which can trigger civil consequences. A baseball agent, for instance, could risk fine, suspension, or even decertification by the MLBPA, which certifies agents who have clients on 40-man rosters. The union itself is dissuaded from disclosing the names. Under federal labor laws, the MLBPA and its officials owe duties of trust and competence to each of its players. Should the MLBPA disclose the 104 players' names, the named players would be entitled to sue the MLBPA for breach of duties; they could also file a grievance with the National Labor Relations Board. Players' damages could be shown through reputational harm and potential loss of endorsement deals.[/SIZE]
[SIZE=-1]In addition to civil liability, certain federal officials could also be held criminally responsible for prosecutorial misconduct, which can theoretically entail leaking prejudicial information to media. Tracking down the source of the leak, however, would be extremely difficult. There may thus be inadequate deterrence to dissuade each person who is "in the know" from leaking the names. Indeed, it seems only a matter of time before we all know the remaining 102 names.[/SIZE]
[SIZE=-1]For Sosa and Rodriguez, however, the secret is already out of the bag and their baseball legacies may be irreparably tarnished. Yet unlike Rodriguez, who never lied under oath (lying to fans, media, teammates, agents, managers, and almost everyone is not a crime), Sosa may find himself subject to an additional and far worse penalty: a criminal prosecution for perjury.[/SIZE]
[SIZE=-1]...[/SIZE]
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