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  1. What sort of “documents” did MLB purchase? Are they considered medical records? Is there any sort of confidentiality agreement has been breached by the Biogenesis employee in selling the records? Does HIPAA apply here?

    In the fullness of time I guess that we’ll find out the answers to these and other questions.

    Comment by wade — April 12, 2013 @ 11:20 am

  2. So does any suspected player have any leverage legally if he is suspended for the evidence found by MLB even though they paid for it? Especially if MLB does indeed have no intentions of taking this to court and is just doing this on the sole purpose of obtaining evidence? Would the arbritrator process, such as Ryan Braun’s, be held strictly in the MLB realm without outside legal involvement?

    Comment by Fill — April 12, 2013 @ 11:22 am

  3. I was thinking that too actually. Can MLB actually try to take medical records even if they are protected by HIPAA laws?

    Comment by Fill — April 12, 2013 @ 11:23 am

  4. I would think the players union would get involved and that any suspensions handed out would be far in the future after they finish fighting over it.

    Comment by Ender — April 12, 2013 @ 11:34 am

  5. Yeah, but the past CBA allowed the ability to suspend players even without any evidence (why would the union agree to this?) So even with the union getting involved, what else can they do?

    Comment by Fill — April 12, 2013 @ 11:37 am

  6. I mean MLB to suspend players

    Comment by Fill — April 12, 2013 @ 11:37 am

  7. Go through a lengthy arbitration process, all the while making up scientific “facts” exonerating the players to leak to the simpering sports media.

    Comment by Sparkles Peterson — April 12, 2013 @ 11:41 am

  8. That last sentence says it all. There is indeed no doubt about MLB’s zeal to uncover evidence linking players to Biogenesis and PEDs.

    After all, without said evidence, how can MLB extort $$ from A-Rod, Braun, and others to prevent their being suspended. Duh.

    The commish has never had the slightest interest in the integrity of the sport or the safety of its players. So why would we expect he’s done a 180 degree turn now?

    Why do you suppose the MLB drug-testing system is STILL administered internally, rather than by a disinterested third party like WADA? Selig wants to cover things up just as much as the players do — with the rare selective suspensions to provide an appearance of genuine integrity. And the more documents in his possession, the more financial and legal leverage he has.

    Comment by Sud Belig — April 12, 2013 @ 11:45 am

  9. The fact that major leaguers continue to use enhancers to stay at peak level doesn’t bother me – they get to pay the subsequent physical costs and the rhetorical hypocrisy of MLB notwithstanding, is a standard thing (in my own unauthorized opinion) that has gone on practically since the sport has existed. However, the lies, coverups and other moral failures do bother me. It definitely undermines my love for Baseball (which is immense).

    Comment by Brad — April 12, 2013 @ 11:48 am

  10. The league likely doesn’t want to suspend or make public which players are involved. That would damage the brand unnecessarily.

    They would likely take care of business behind closed doors in the form of constant future testing, future blackballing, etc.

    Comment by Powder Blues — April 12, 2013 @ 11:56 am

  11. If Bosch is not actually a doctor, does HIPAA apply?

    Comment by bennoj — April 12, 2013 @ 11:57 am

  12. I don’t think the union would put up much fight. They will not want to come off as pro-steroid users and their membership actually wants stricter penalties right now.

    Comment by Pirates Hurdles — April 12, 2013 @ 12:08 pm

  13. The Union doesnt care about public opinion — one of the unions duties is to help exonerate their members. The union would fight to the bitter end, to help a player NOT be suspended.

    Comment by cnote66 — April 12, 2013 @ 12:50 pm

  14. When the Fed’s tainted evidence wasn’t enough to prosecute Lance Armstrong, they handed it over to USADA. USADA is totally rigged against the accused, all the power of a prosecutor (subpoena!) and none of the restrictions (no you can’t see the “evidence”, no you can’t question its foundation, no you can’t cross witnesses, no appeal). He may be guilty as sin, but Armstrong was correct that he’d never get a fair hearing before those clowns. A USADA finding is death for international athletes, because all the sponsoring bodies are bound to respect its kangaroo court.

    Baseball famously refused to join these international agreements (and got kicked out of the Olympics), but I bet Selig & Co. are considering whether to hand these tainted docs to USADA and then use its ruling as a fig leaf for suspension. If MLB hasn’t cleared out all the independent arbitrators, they should see through this.

    Comment by King of the Byelorussian Crunkers — April 12, 2013 @ 1:02 pm

  15. i got a nickel that there are copies of the records the player allegedly bought with intent to destroy. i hope those leak. public shame is far worse than a 50 game suspension.

    Comment by Youppi! — April 12, 2013 @ 1:18 pm

  16. The question I would have about that, is could any of these records actually be considered “medical records” considering that no medical professional actually treated them?

    Comment by Wil — April 12, 2013 @ 1:24 pm

  17. I’m not super supportive of paying for documents, because they could turn out to be “documents” – pieces of paper that say whatever the employee providing said documents thinks MLB wants to hear. They could be legitimate, but also could just be printed or altered prior to being handed to MLB investigators and nobody is checking to see.

    Comment by AK7007 — April 12, 2013 @ 2:02 pm

  18. It’s easy from the name of the company to mistake them for a medical clinic, which they most assuredly are not.

    Comment by Baltar — April 12, 2013 @ 2:19 pm

  19. I’ve lost track, I guess; who has Biogenesis documents now? Miami Times, the Feds, and some ex-employees, in addition to the player(s) who bought some, and the used car salesman from Milwaukee? Is that the entire list?

    Anyway, thanks for the article, Wendy.

    Comment by Larry "Bud" Melman — April 12, 2013 @ 2:42 pm

  20. Can a player buy the docs and send them to a foreign country, thereby sending them beyond subpoena without destroying them?

    Comment by WeWanttheFunk — April 12, 2013 @ 2:49 pm

  21. I’ve got some! You probably do, too!

    Comment by gnomez — April 12, 2013 @ 3:53 pm

  22. The NYT is following up that the player is Alex Rodriguez.


    Comment by Well-Beered Englishman — April 12, 2013 @ 5:03 pm

  23. I think we all knew it was ARod.

    Comment by Majesty — April 12, 2013 @ 5:43 pm

  24. Would that be easier than shredding them?

    Comment by That Guy — April 12, 2013 @ 8:07 pm

  25. Does anyone besides me see the irony of the Bo Jackson commercials each night on for 5 Hour Energy? A performance enhancer?

    Comment by Don't Jump Kendrys — April 13, 2013 @ 9:10 pm

  26. ARod’s already dirty. Considering how slickly Braun managed to escape judgement last time, my money’s on him. But, either way, I like the idea of player destroying what they were assured was the only copy of records implementing them and then finding out their supplier was selling to both sides.

    Comment by Bill — April 15, 2013 @ 11:21 am

  27. So, what you’re saying is that Ryan Braun will retire for a year and try to fulfill his dream to be an NBA player, then give that up and return to baseball?
    Or, maybe Arod isn’t really hurt?

    Comment by Bill — April 15, 2013 @ 11:27 am

  28. If the US Government does not apply the HEPA Law here, I will have nothing to do with ANY LAWS!!!

    Comment by Harold B.Gross — July 23, 2013 @ 1:21 pm

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