March 22, 2013
With MLB increasingly desperate to get their hands on any evidence to discipline players connected to the Biogenesis clinic, they have come up with an interesting new strategy. According to Michael S. Schmidt of the New York Times, MLB plans to file a lawsuit on Friday against multiple people connected to Biogenesis, including the clinic's owner, Anthony Bosch, and Juan Nunez, who has worked for the Levinson brothers at ACES Group and was an associate to Melky Cabrera.
And get this, the lawsuit will allege that "the individuals damaged the sport by providing some of the game's biggest stars with performance-enhancing drugs." While MLB will try to recoup money from those targeted, the main goal is to get some sort of cooperation with their investigation, either through "documentary evidence or witness testimony." MLB is having a tough time building a case against players who didn't test positive for performance-enhancing drugs, so if the lawsuit was to proceed, it could allow them subpoena records from the clinic and potentially give them the evidence needed to hand down suspensions. Subpoena power is a big key, as MLB hasn't been able to get any cooperation from law enforcement up until now.
While you have to credit MLB for their creativity here, many are skeptical whether it will hold up in court. For what it's worth, sources told ESPN's T.J. Quinn that it's believed that Bosch destroyed all remaining documents from the clinic. So even if the lawsuit proceeds, MLB might not get the evidence they want.
There have been multiple reports over the past week that MLB has focused their investigation on Ryan Braun and Alex Rodriguez, even offering immunity to those willing to provide information. However, MLB executive vice president Rob Manfred told Tom Haudricourt of the Milwaukee Journal Sentinel on Wednesday that every player who has been connected to Biogenesis and the Miami New Times report is being investigated with "equal vigor."