Off the Kuff Rotating Header Image

sign stealing

We finally see that Manfred letter to the Yankees

The Chron headline is blaring, but I kind of think we already knew most of this stuff.

Major League Baseball fined the New York Yankees $100,000 in 2017 for using their replay room and dugout phone to steal their opponent’s signs during the 2015 and 2016 seasons in what commissioner Rob Manfred described as a “material violation” of rules governing the replay room.

The ruling was in a letter that Manfred sent to Yankees general manager Brian Cashman on Sept. 14, 2017.

[…]

The two-page document provided few specifics and rehashed much of what Manfred already acknowledged in a Sept. 15, 2017 statement, one in which he disciplined the Red Sox for using their replay room to decode signs and warned “future violations of this type will be subject to more serious sanctions, including the possible loss of draft picks.”

The Astros continued to use their electronic sign-stealing scheme and trashcan banging at Minute Maid Park despite the warnings. Owner Jim Crane fired manager A.J. Hinch and general manager Jeff Luhnow after the system became public in Jan. 2020. The league also fined the franchise $5 million and took away its first and second-round draft picks in 2020 and 2021.

Manfred’s letter to Cashman helped to reinforce two long-held beliefs: electronic sign-stealing predated the Astros’ infamous trashcan banging scheme and ran rampant throughout the sport before stricter enforcement arrived in Sept. 2017. Multiple players across baseball have acknowledged it since the Astros’ punishments were levied and they became pariahs. No other publicly known sign-stealing schemes — including the one detailed in Manfred’s letter to Cashman — approach the severity of Houston’s trashcan banging scheme.

[…]

According to the letter, a Yankees baseball operations assistant admitted to league investigators that he provided information about opponent’s signs to members of the team’s replay room during the 2015 and 2016 seasons.

The staffer’s name is redacted in the letter. The Boston player, who had played for the Yankees earlier in his career, is also not named.

The staff in the replay room “physically relayed the information” to the Yankees dugout, but the letter did not specify how it happened. The team also tried its tactics during road games, according to the letter. At ballparks where the dugout was farther from the replay room, the Yankees sometimes used a dugout phone line to “orally provide real-time information” about the opponent’s signs, the letter said.

Manfred wrote that the Yankees’ wrongdoing “constitutes a material violation of the replay review regulations” and had “the same objective of the Red Sox’s scheme that was the subject of the Yankees complaint.”

In his public statement on Sept. 15, 2017, Manfred acknowledged that the Yankees “had violated a rule governing the use of the dugout phone” during a season prior to 2017.

“The substance of the communications that took place on the dugout phone was not a violation of any rule or regulation in and of itself,” Manfred said in that announcement. “Rather, the violation occurred because the dugout phone technically cannot be used for such a communication.”

Both the 2017 Astros and 2018 Red Sox were cited for sign-stealing schemes that originated in the team’s replay room. The Astros ran a far more egregious operation: positioning a camera in center field at Minute Maid Park, pointing it at the catcher and banging trashcans to relay the signs he flashed to Houston hitters.

Manfred’s letter to Cashman mentioned nothing about cameras. It also does not accuse the Yankees of illicit activity after Sept. 15, 2017 — the day Manfred promised harsher punishment for sign-stealing.

The 2018 Red Sox scheme was “far more limited in scope and impact” than the Astros’ 2017 actions, according to the league’s findings. Alex Cora, Boston’s manager that season, incurred a one-year suspension for only his actions as the Astros’ bench coach in 2017.

See here for the previous update. Going back through my archives, the first mention of this letter was from 2020, and most of what happened since then was related to the Yankees’ efforts to keep it under wraps. I don’t see any specific mention of the Yankees being accused of some form of sign stealing, but there was definitely the assumption all along that multiple teams had at least dipped a toe in those waters, with more than a little suspicion thrown at New York. The key thing, which we did know from the beginning, was Manfred’s warning to teams in 2017 that any further violations will be treated more harshly. Which is what happened to the Astros and to a lesser degree to the Red Sox.

So if you’re an Astros fan and you want to feel smug about this and go on about Yankee hypocrisy, go for it. You’ve got all the evidence you need. Just know that some of the dunking I’ve seen on Facebook has largely boiled down to “we cheated better than you did!” which really isn’t all that compelling if you ask me. I’m sure you can do better than that. If you’re a Yankees fan, the best response is along the line of “yeah, but when MLB said ‘no, seriously, cut it out’, we did and you didn’t”. And then we can go on hating each other as usual, which is the natural order of things in sports. Everybody wins!

Courts keep turning the Yankees down

Time to give up and move on, y’all.

The New York Yankees keep taking losses in court.

A federal appeals court has denied the team’s latest attempt to keep a 2017 letter from Major League Baseball commissioner Rob Manfred detailing alleged sign-stealing by the Yankees.

The United States Court of Appeals for the Second Circuit turned down the Yankees’ request for an en banc hearing of an earlier court decision affirming a U.S. District Court Judge’s ruling that the letter be unsealed.

En banc hearings, which are rarely granted, ask the circuit court’s 13 active judges to rehear the case. The appellate court’s March 21 ruling was made by a three-judge panel.

NJ.com reported Thursday the letter could be unsealed in a week. The Yankees’ only legal recourse at this point would be to seek a Supreme Court review.

“We’re disappointed in the Court of Appeals’ decision, but we respect it,” Yankees president Randy Levine told NJ.com. “But I believe that it’s going to lead to a lot of unfair results down the road.”

The Yankees have claimed making the letter public would result in “severe reputational damage.”

See here and here for the background. I follow a lot of dumb stories on this blog, and this is one I’m ready to stop following. I don’t know what could possibly be in that letter the team has fought so hard to keep under wraps, but at this point if one was inclined to believe it must be something terrible, I’d be hard pressed to argue against you. Either there really is something damaging in there, or they have a greatly over-inflated sense of their own importance. Possibly both. Can we please just rip this band-aid off and get on with our lives? Thanks.

MLB unveils a technical fix for sign stealing

I like this.

Pitchers and catchers will have the option of shaking off the traditional means of communicating between pitches during the upcoming Major League season.

MLB informed clubs in a memo today that it is moving forward with regular-season use of PitchCom — a wearable device that transmits signals from catcher to pitcher — in 2022. The technology, which will be optional, was approved by the MLB Players Association after receiving generally positive feedback in experimental usage at the Single-A level last year and in big league camps during Spring Training this year.

Aimed at both improving pace of play and preventing opponent sign-stealing, PitchCom eliminates the need for a catcher’s traditional finger signals. Rather, the catcher wears a forearm sleeve — resembling a remote control — with nine buttons for calling the pitch and location. The pitcher has a receiver in his cap, the catcher has one in his helmet and receivers can also be worn by up to three other fielders (typically, the two middle infielders and the center fielder) to adjust fielder positioning.

An encrypted channel can be used in multiple languages, and teams can also program in code words to replace pitch names such as “fastball” or “curveball.”

[…]

Last year’s average nine-inning game was a new record high at three hours, 10 minutes, 7 seconds. The game is often slowed when teams have a runner or runners aboard, particularly at second base, where the runner can attempt to decode a catcher’s signals. Pitchers and catchers will typically switch up their signs in those situations to try to shield their calls.

With PitchCom, the communication between catcher is more seamless and straightforward. The technology can also conceivably reduce the number of mound visits in which pitchers and catchers go over signs.

This concept has been around for a couple of years, and the PitchCom product has been tested successfully in the minors and in spring training, as noted in the story. Teams will not be required to use it – for sure, there will be some traditionalist holdouts – but the reviews have been positive and the benefits are obvious.

Here’s a brief description of how it works.

Catchers can put a PitchCom transmitter on their forearm, which makes it look just like a wristband. The black transmitter has nine buttons on it that catchers press to let the pitcher know the pitch he’s calling and the location. On the mound, pitchers have a six-inch rubber receiver inside their hats that communicate the pitch call with a computerized voice – either in Spanish or English – that will tell the pitcher, for instance, “fastball up” or “curveball, down and in.” The catchers also will have the audio device in their helmets, so they can be sure they’ve sent the right signal to their teammate.

Three other players besides the pitcher and catcher also can wear the device inside their hats, so they’ll know the pitch and can adjust their positioning accordingly. Most often, those players would be the second baseman, shortstop and center fielder.

The PitchCom website has some more details. It notes that this can also be used by coaches to communicate with players on the field, so don’t be surprised if the definition of a “mound visit” gets an update soon, too. I can’t wait to see this in action. ESPN has more.

Do tell, Chris

I have three things to say about this.

A rival of the Astros during their current run as a Major League Baseball power said Houston wasn’t the only team that’s resorted to cheating.

Red Sox lefthander Chris Sale, who pitched against Houston during playoff series in 2017, 2018 and 2021, made the remarks during a Monday interview on “The Greg Hill Show” on Boston sports radio station WEEI.

When asked about former Astros designated hitter Carlos Beltran — a central figure in the 2017 sign-stealing operation — telling the YES Network that the team’s championship that season is tainted during his first interview on the subject, Sale said the Astros weren’t alone in the cheaters’ fraternity.

“If the Astros were the only team doing it, then yeah, give (the championship) back — take it back,” Sale said. “I know for a fact they weren’t. All these people pointing fingers: Well, hey, take a check in the mirror real quick. Make sure that you and your team weren’t doing something.

“What (the Astros) did was wrong. And I’m not trying to condone it. Shoot, we’re talking five years ago now and we’re still talking about this stuff. I’d like to kind of turn the page on it. It happened. They dealt with it. There’s nothing you can do about it now sitting here where we are. So you just kind of move on from it.”

1. I’m sure Sale is correct that the Astros were not the only team cheating. It would be odd if they were.

2. That said, cheating exists on a spectrum – small scale, short term, individual effort to large scale, long term, team effort. The Astros were on the far end of the scale in all categories, they were extremely visible about it in retrospect, and as the World Series winner that year it was just embarrassing. But maybe they weren’t alone in those regards, maybe they just had the bad luck to be outed about it. Which leads to…

3. Spill the beans already. I know no one is going to narc on their own team, and if you’re accusing a rival it will be seen as gamesmanship, but surely someone out there is now in the same position that Mike Fiers was when he ratted on the Astros. I really don’t want to be talking about cheating when we may finally have a “normal” season again, but the reason we’re still talking about this five years later is because we feel like there had to be more to the story. (Yes, the MLB letter about the Yankees, whatever it says, is a part of that as well.) So let’s get it all out there, therapy-style, and see if we can’t finally get some closure.

Carlos Beltrán speaks about sign stealing

Of interest.

Carlos Beltrán, the venerated designated hitter painted by Major League Baseball as a ringleader of Houston’s electronic sign-stealing scheme during the 2017 season, said this week he “wished somebody would’ve said something” and stopped the trashcan banging scheme.

In an interview with YES Network broadcaster Michael Kay, who doubles as the television voice of the New York Yankees, Beltrán said the Astros’ World Series championship has a stain and tried to direct blame to Houston’s front office for a scheme the league deemed “player driven.”

“Nobody said anything to us, you know, nobody said anything,” Beltran said. “I wish somebody would’ve said something. A lot of people always ask me why you didn’t stop it? And my answer is, I didn’t stop it the same way no one stopped it.”

“This is working for us. Why you gonna stop something that is working for you? So, if the organization would’ve said something to us, we would’ve stopped it for sure.”

Beltrán said Astros players never received commissioner Rob Manfred’s edict in mid-2017 that cracked down on electronic sign-stealing and promised harsh punishments for teams that broke rules.

Beltrán was the only player cited by name in Manfred’s report detailing the league’s findings into the Astros’ scheme. He took issue with the distinction in his remarks with Kay, which will be aired in full on Monday at 3 p.m. CT on the YES Network. Excerpts of the interview were released on Sunday morning.

“The part that bothered me about that is that, you know, when I sit down to cooperate with them (MLB), they said to me, “We’re not going against the players. We’re going against …field personnel, front office and organization,’” Beltrán said. “And the fact that I’m the only player named in that report? So how … that happen? Like, that’s the part that I don’t understand. Everyone gets immunity except Carlos Beltrán? I don’t get it.”

On the one hand, it makes sense for Beltrán to put blame on the Astros’ front office for not stepping in to stop the banging scheme. MLB put the blame on the manager and coaches and the front office as well, which is why Jeff Luhnow is an ex-GM. On the other hand, Beltrán was a full-grown adult who certainly should have known that what they were doing was against the rules, and that whether it worked or not it would reflect poorly on them all. You can say it didn’t help much – others have made that claim, but Beltrán is contradicting them – and you can say the Astros would have won the World Series in 2017 regardless – I for one believe that to be true, whatever Yankees GM Brian Cashman may say. But that almost makes it worse. You were the best team on the field, you knew you were the best team on the field, so why put all that energy into something shady? Just go out there and beat ’em.

The main thing I take away from this is that it’s going to be a long time before we’re done with the banging scheme. It’s such a shame, because the 2017 Astros were a great team, and it was a huge boost for the city a couple of months after Hurricane Harvey. We’d all be so much better off if they’d never done this, whatever the effect might have been. Sean Pendergast has more.

Yankees still fighting to keep that MLB letter under wraps

I mean, it can’t hurt to ask.

The New York Yankees plan to continue to fight the unsealing of a letter from MLB detailing alleged sign-stealing by the organization.

The Athletic, citing a source with knowledge of the team’s plans, reported Friday the Yankees will appeal the release of the 2017 letter from commissioner Rob Manfred. A federal appeals court on March 21 had affirmed a U.S. District Court judge’s June 2020 order to unseal the letter.

Friday’s report said the Yankees plan to file a petition either later in the day or Monday, the deadline for submission, for an en banc hearing with the U.S. Second Circuit Court of Appeals. That appeal would ask the circuit court’s 13 active judges to rehear the case. The appellate court’s previous ruling was made by a three-judge panel.

Historically, en banc reviews have been rarities in the Second Circuit.

The Yankees have claimed making the letter public would result in “severe reputational damange.”

See here for the background. I can’t imagine they’d continue on to SCOTUS if they lose again, but at this point who can say? As ol’ Jack Burton once said, you never know till you try.

Appeals court upholds ruling to unseal MLB’s 2017 letter on sign stealing

Look, if you’re going to follow a weird story, you’ve got to stay committed to following that weird story.

A September 2017 letter from Major League Baseball commissioner Rob Manfred detailing alleged sign-stealing by the New York Yankees should be unsealed, a federal appeals court ruled Monday.

The 2nd Circuit Court of Appeals affirmed a June 2020 ruling by U.S. District Judge Jed Rakoff ordering “a minimally redacted version” of the letter to be unsealed.

Per NJ.com, it may be two weeks or more before the court releases the letter.

Rakoff’s order had been stayed pending an appeal by the Yankees and MLB. The Yankees claimed making it public would result in in “severe reputational damage.”

But in Monday’s decision that also upheld the dismissal of a $5 million lawsuit filed by daily fantasy sports player Kristopher Olson and 100-plus other plaintiffs seeking damages from MLB, the Astros and Boston Red Sox over illegal sign-stealing operations of recent seasons, the appeals court upheld Rakoff’s ruling regarding the letter.

“In light of plaintiffs’ attempted use of the letter in their proposed Second Amended Complaint and the district court’s discussion of the letter in explaining its decision to deny plaintiffs’ request for leave to amend in their reconsideration motion, and because MLB disclosed a substantial portion of the substance of the letter in its press release about the investigation, we conclude that the district court did not abuse its discretion in unsealing the letter, subject to redacting the names of certain individuals,” the appeals court’s ruling said.

The sealed letter to the Yankees had been obtained during the discovery phase of the class-action lawsuit, which claimed MLB and the Astros and Red Sox for liable for any money lost during games in which either team cheated.

The plaintiffs had argued that a Manfred press release in 2017 had been an “actionable misrepresentation” of the facts laid out in the letter, with the plaintiffs claming that “the investigation had in fact found that the Yankees engaged in a more serious, sign-stealing scheme.”

On Sept. 15, 2017, MLB issued a statement from Manfred concluding the investigation into the Red Sox’s illegal use of an Apple Watch, which had been prompted by a complaint lodged by the Yankees. As a part of that investigation, Manfred discovered the Yankees’ illegal use of their dugout phone and fined them a “lesser, undisclosed amount” than he levied the Red Sox.

“No club complained about the conduct in question at the time and, without prompting from another club or my office, the Yankees halted the conduct in question,” Manfred wrote. “Moreover, the substance of the communications that took place on the dugout phone was not a violation of any rule or regulation in and of itself. Rather, the violation occurred because the dugout phone technically cannot be used for such a communication.”

In that same ruling, Manfred said he found “insufficient evidence” to substantiate a claim from the Red Sox that the Yankees illegally used the YES Network to steal Boston’s signs.

See here, here, and here for the argument. A copy of the appellate court’s ruling is in the Chron story. The affirmation of the DraftKings lawsuit is likely the more substantial matter, but who knows? I still think this letter is probably no big deal, but if it is then the lessons are clearly 1) don’t do things that you’ll be embarrassed about later if people find out about it, and 2) better hope no one writes down the details of your embarrassing stuff. NJ.com has more.

Astros again seek to dismiss Bolsinger lawsuit

They will probably succeed.

Did not age well

The Astros have submitted their proposal for a Harris County judge to dismiss former Toronto Blue Jays reliever Mike Bolsinger’s lawsuit against the team.

Bolsinger has alleged trade misappropriation and sought more than $1 million in damages in the wake of Houston’s sign-stealing scandal in the 2017 season.

[…]

In the Astros’ 17-page motion to dismiss submitted on Tuesday night, the team pointed to Bolsinger’s misinterpretation of Texas’ trade secrets law and called Bolsinger’s lawsuit an attempt “to turn a headline-grabbing sports story into a cash recovery.”

According to the Astros’ motion, Bolsinger needed to prove ownership of the trade secrets, misappropriation of them and injury caused by the misappropriation to recover any damages under the state’s trade secrets law. The club claimed he did not.

The motion, submitted by Astros attorneys Hilary Preston and James L. Leader, challenged the notion that Toronto’s signs are even secrets at all.

“The signs are not trade secrets, and, to the extent that any party can “own” hand gestures meant to convey pitching strategy, the signs are owned by the Toronto Blue Jays, not (Bolsinger),” the Astros wrote in their motion.

“The signs are hand gestures made in front of thousands of spectators, and the mere fact that the Blue Jays attempted to conceal the meaning of those signs from the Astros’ hitters does not turn those gestures into trade secrets under Texas law.”

See here for the previous update. As noted, Bolsinger had sued in Los Angeles originally, but that suit was tossed on the grounds that California didn’t have jurisdiction, so he re-filed in Harris County. I don’t buy his argument and expect the suit to be dismissed, but we’ll see.

Former MLB pitcher re-files lawsuit against Astros

It’s the second attempt to sue them for damages over the sign stealing scheme from 2017.

Did not age well

Continuing to maintain that the Astros’ 2017 sign stealing cost him a job in the major leagues, former Toronto Blue Jays pitcher Mike Bolsinger refiled his lawsuit against the team in Harris County District Court on Thursday afternoon.

Bolsinger, who hasn’t pitched in the majors since allowing four runs and four walks in a third of an inning against the Astros on Aug. 4, 2017, contends his signs were trade secrets under Texas’ Uniform Trade Secrets Act. He is seeking more than $1 million in damages.

A judge in California dismissed Bolsinger’s lawsuit in March, citing in part an attempt by Bolsinger and his attorneys to try to extract sympathy from potential jurors who were fans of the Los Angeles Dodgers, the team the Astros beat in the 2017 World Series. In March 2020, the Astros asked a Los Angeles Superior Court judge to dismiss the suit in a motion that called the case “utterly devoid of merit.”

[…]

Bolsinger’s new suit claims the Blue Jays’ signs are defined as “trade secrets” under section 134A.002(6) of the Texas Uniform Trade Secrets Act. Bolsinger alleges “willful and intentional misappropriation of the trade secrets.”

“The owners of these trade secrets had taken the reasonable measures customary in the baseball industry to keep the signs secret,” Bolsinger’s suit reads. “Moreover, the signs derived independent economic value, actual or potential, from not generally being known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information.”

See here and here for the background, and here for a copy of the lawsuit, which is also embedded in the story. I either missed the dismissal of the original case or I just never got around to blogging it. Regardless, and in my vast legal experience as some guy on the Internet, this sure seems like a longshot. Not to put too fine a point on it, but if the signs were a trade secret, they wouldn’t be trivially easy to crack. I have a hard time believing this will survive a motion to dismiss. You actual lawyers out there, please feel free to tell me why I’m wrong about this.

Luhnow lawsuit dismissed

Nothing left to litigate about, apparently.

Did not age well

Former Astros general manager Jeff Luhnow’s lawsuit against the ballclub was dismissed on Friday after both parties “resolved their differences,” severing the final tie between the team and its most successful executive in history.

District Court Judge Kyle Carter granted the motion, which was filed jointly in 125th State District Court on Friday. Karl Stern, the attorney who submitted on behalf of Luhnow, did not respond when asked for further comment. An attorney representing the Astros did not return a request for comment.

Luhnow sought more than $20 million in damages in the breach of contract lawsuit he filed in November. The 54-year-old Luhnow claimed he was the “scapegoat” for a sign-stealing scandal that tarnished Houston’s 2017 World Series title.

[…]

Luhnow’s contract called for “any dispute” in the application of its terms to be resolved by “arbitration by the commissioner or the commissioner’s designee,” but Luhnow’s attorneys argued it was unenforceable in their suit due to commissioner Rob Manfred’s role in Luhnow’s dismissal. Manfred wrote MLB’s investigative findings into the sign-stealing scheme.

Luhnow’s lawyers said it would be a “complete sham” to allow Manfred or his designee in any arbitration hearing and called for an independent arbiter to preside. It is unknown whether arbitration occurred to cause the suit’s dismissal, but lawyers unaffiliated with the case surmised that was always a likely outcome.

“Arbitration is confidential. It is outside the public purview and accompanied by orders that make the proceedings secret,” Michael Lyons, of the Dallas firm of Lyons & Simmons, said in November. “Filing suit is a way for Jeff Luhnow to clear the air from a PR standpoint and get his story out in a way he might not otherwise have been able to do.”

See here and here for the background. I don’t really care what happens to Jeff Luhnow, but I feel like once I start blogging on a topic, I should see it through. Also, mandatory arbitration clauses are bad. I think that about covers it.

More on the Luhnow lawsuit

Because I now have the brain space to think about stuff like this again.

Did not age well

While baseball fans and courtroom voyeurs might long for a public legal showdown between Astros owner Jim Crane and former general manager Jeff Luhnow, attorneys say the more likely outcome of their contract dispute over Luhnow’s firing is a quiet, secretive resolution behind the protective wall of private arbitration.

Three Texas attorneys were united on that point of view Monday after examining the 18-page breach of contract lawsuit filed by Luhnow against the ballclub before Texas 125th District Judge Kyle Carter.

Luhnow alleges that Crane violated his contract by firing him in January after he was suspended for a year by Major League Baseball commissioner Rob Manfred. Crane’s decision, Luhnow says, denied him benefits that include $22 million of his $31 million contract plus bonuses and a guaranteed slice of the ballclub’s profits.

While the bulk of the complaint alleges a plot by the Astros and MLB to scapegoat Luhnow as the villain of the 2017-18 sign-stealing scandal, attorneys say its most critical point is in the 34th of 43 paragraphs, which says Luhnow is required to submit contract disputes to arbitration “by the commissioner or the commissioner’s designee.”

“Jeff Luhnow will have a very difficult time defeating the arbitration agreement clause,” said Rogge Dunn, a Dallas attorney who has represented former Orioles manager Buck Showalter, Texas Tech University and a former Baylor University Title IX oversight director in employment law cases.

Luhnow’s attorneys say it would be a “complete sham” for Manfred to have a key role in arbitrating disputes in which he is a central figure. The lawsuit asks Carter to submit the case to a jury or to appoint an arbitrator of his own choosing.

“His point is that this is an inside deal,” Dunn said. “The commissioner will protect the owner and scapegoat me, and he also gets to appoint the arbitrator, who will know on whose bread is being buttered.”

Mike Muskat, a partner with the Houston firm Muskat, Mahony & Devine, said Texas law is “very favorable toward enforcement provisions,” which decreases the prospect Luhnow can avoid an arbitration proceeding in which MLB gets to pick the arbitrator.

“I’ll give (Luhnow’s attorneys) credit for a creative argument, but the law is pretty solid,” Muskat said. “There’s a pretty high hurdle to avoid arbitration based on the selection of the arbitrator.”

See here for the background, and there’s a copy of the lawsuit embedded in the story. I’ll say this much, if Luhnow turns this into a crusade against mandatory arbitration clauses in employment agreements, even if it’s for the most self-interested of reasons (*), I will regain a modicum of respect for him. He’s right that this kind of forced arbitration is a scam that greatly benefits employers – and businesses in general when we’re talking about other types of service agreements – but the fight needs to be bigger than this. You can do it, Jeff!

(*) Money is very much the motivating factor here, as there’s over $30 million at stake. If the Astros can fire Luhnow for cause, instead of firing him for being a loser, as is the case most of the time when managers/GMs are canned, then they don’t owe him any of the money he was to be paid in his contract. Whatever else you may think of Luhnow, he’s not an idiot.

Luhnow sues Astros

This ought to be entertaining.

Did not age well

Jeff Luhnow sued the Houston Astros for breach of contract on Sunday, alleging that Astros owner Jim Crane and Major League Baseball Commissioner Rob Manfred negotiated penalties for the sign-stealing scandal that enabled the team to paint Luhnow as “the scapegoat for the organization” and fire its general manager “in order to save more than $22 million in guaranteed salary.”

In January, after a two-month investigation into how the Astros violated baseball rules by improperly deploying technology to decode signs in the 2017 and 2018 seasons, Manfred suspended Luhnow and Astros manager A.J. Hinch for the 2020 season. Crane then fired Luhnow and Hinch.

Luhnow’s lawsuit uses quotation marks around the word “investigation” and calls it “a negotiated resolution” between Crane and Manfred “that enabled the team to keep its World Series championship, went to great lengths to publicly exonerate Crane, and scapegoated Luhnow for a sign-stealing scandal that he had no knowledge of and played no part in.”

Manfred later suspended Alex Cora, who was the Astros’ bench coach in 2017 and then became manager of the Boston Red Sox, for the 2018 season. The Detroit Tigers hired Hinch as their manager last week, and the Red Sox re-hired Cora.

Luhnow has not found work in baseball. His suit, filed in Texas district court in Houston, alleges the Astros breached their contract with him because none of the conditions that would be considered as just cause for his dismissal actually occurred.

Yes, the first story appeared in the LA Times. Go figure. The Chron followed a little later with a copy of the lawsuit and some more details.

“The commissioner struck a deal with Crane to make Luhnow the scapegoat of the cheating scandal while absolving Crane, the players and others of responsibility,” the suit reads.

[…]

Luhnow’s lawsuit calls the league’s investigation “deeply flawed.” It paints Director of Advance Information Tom Koch-Weser as the scandal’s “actual ringleader” who, according to the suit, blamed Luhnow “to save his own job.”

Major League Baseball’s investigation included 22,000 text and chat messages to or from Koch-Weser that, according to the suit, Manfred “ignored … as part of the effort to scapegoat Luhnow.” Luhnow is not included in any of the messages, according to the petition.

The petition claims that Koch-Weser was the “only witness to claim that Luhnow mentioned electronic sign-stealing.” Luhnow’s lawsuit calls him a “biased source who has zero credibility.”

“The Astros told Koch-Weser that he could keep his job so long as his actions were sanctioned by his supervisors, including Luhnow,” the suit states.

Koch-Weser remained employed by the Astros throughout the 2020 season.

Luhnow’s lawsuit attempted to demonstrate his adherence to baseball’s crackdown on electronic sign-stealing during the 2017-19 seasons. In Major League Baseball’s report, Manfred excoriated Luhnow for “(failing) to take any adequate steps to ensure that his club was in compliance with the rules.”

You can add this to the season ticket holders’ lawsuit as part of your offseason things to watch. The suit was filed in the 125th Civil Court, so congratulations to Judge Kyle Carter for having this hot potato land on his bench. I have no idea if any of these allegations are true, but I can’t wait to find out more.

What more is there to be said about the Astros sign stealing scandal?

There’s at least one podcast’s worth of material out there.

Did not age well

Rather than writing a sequel to “Astroball,” his 2018 book about the improbable rise of the Jim Crane/Jeff Luhnow-era Astros, former Sports Illustrated writer Ben Reiter opted for a six-episode podcast that delved into the sources and aftermath of the 2017-18 sign-stealing scandal.

The podcast, titled “The Edge,” wraps up Wednesday and Wednesday, Nov. 11, with a two-part final episode that likely will be devoted in large measure to Reiter’s interviews with Luhnow, the former general manager who was ousted along with manager A.J. Hinch in the wake of the sign-stealing revelations.

Reiter said in a recent interview that he expects the podcast to be his final word, at least for now, on the Astros’ rise and fall that has occupied much of his professional life since 2014.

He acknowledges, however, that the impact of the scandal will be lasting, both for the players and the Astros brand, and that details remain hidden about the case that will be brought into the light grudgingly, if at all.

“A lot of people are going to be very motivated to keep their lips sealed forever on this, including some very powerful people,” Reiter said. “My hope as a journalist is my belief is that the truth always finds a way to emerge. I think that is what’s going to happen with this story.”

Reiter said he took on the podcast because he “felt a great personal responsibility to dive back into this story. I had written so much about the team since 2014, and I’d missed something. Everybody had missed something.”

[…]

As for his goal of learning as much as possible about what happened with the Astros and why it happened, Reiter said he is satisfied that he has uncovered as much as can be learned. He does, however, acknowledge that MLB’s report in January was incomplete.

“I think that there are certain things that MLB knows that do not show up in the report,” he said.

“MLB wants to move forward. They want to put this scandal behind them. There’s certainly the possibility that motivation worked against a full investigation of what happened, not only in the Astros, but across the league.”

The podcast is called “The Edge”, and you can find it wherever you’d expect to find podcasts. Now that I might have a bit of spare time in my schedule, I plan to give it a listen.

Astros ticketholder lawsuit update

I share because I care.

Did not age well

The Astros have asked the state 14th Court of Appeals to dismiss a consolidated lawsuit filed by three groups of disgruntled ticketholders, repeating many of the same arguments in favor of dismissal that they presented to a Harris County district court earlier this year.

Along with repeating their claim that the suit should be tossed because the ballclub is protected by the Texas Citizens Participation Act, attorneys say a courtroom is not the proper venue to chasten the Astros for the decision of players in 2017-18 to use electronic means to steal signals in violation of Major League Baseball’s rules.

“No court in the United States has ever allowed fans or other members of the public to sue for how a sport is played, and Texas should not be the first jurisdiction that allows such claims,” the Astros said in their 78-page brief filed with the court this week.

If such claims were allowed, the ballclub added, “The courtroom would become the solace for any sports fan who has felt the pang of disappointment in a team’s strategy choices. In these divided times, appellate courts throughout the nation have united on one point: claim for disappointment in how a team played the game on the field – be it a rule violation or a performance fiasco – are not justiciable.”

The cases wound up before the 14th Court when state District Judge Robert Schaffer denied the Astros’ motion for summary judgment in proposed class action suits filed by ticketholders Adam Wallach, Roger Contreras and Kenneth Young, who allege they were defrauded into buying tickets by the Astros’ public relations campaign urging fans to buy tickets.

The Astros claim the ballclub is protected under the Texas Citizens Participation Act, which allows a judge to dismiss a case in which one of the parties is exercising the right of free speech, right to petition or right of association regarding discussions about a public figure or entity.

Schaffer suggested that the case go to the 14th Court to decide procedural matters before returning to his court for a potential rehearing on the summary judgment dismissal sought by the Astros, and the Astros then filed their appeal.

See here for the background. A copy of the appellate motion is in the Chron story. I believe this case is the consolidation of all of the Harris County lawsuits; there is still the California lawsuit that the Astros either want dismissed or moved to Texas, but I’ve lost track of it at this point. I still don’t believe any of this will go anywhere, but it will at least keep us occupied for the foreseeable future.

No Yankees letter yet

May we all keep following this, all the other news about baseball is terrible.

The Yankees and Major League Baseball on Monday asked the 2nd U.S. Court of Appeals to prevent public release of a 2017 letter from MLB commissioner Rob Manfred to the Yankees that disgruntled fantasy league players say may contain evidence about cheating violations by the ballclub.

U.S. District Judge Jed Rakoff last week granted a request to unseal the letter by attorneys representing a group of DraftKings daily fantasy players who sued MLB over the impact of the Astros’ and Red Sox’ electronic sign-stealing scandals of 2017-18.

The letter from Manfred to the Yankees was included in discovery materials handed over during the fantasy players’ lawsuit, which was filed in the southern district of New York. It was sealed from public view because the Yankees said that making the letter public would cause “severe reputational injury.”

Attorneys for the fantasy players, however, say the letter may provide evidence that the Yankees were involved in a “more serious, sign-stealing scheme” than the ballclub’s technical violations cited by Manfred in 2017.

See here for the background. Judge Rakoff has since put his original ruling on hold pending appeal, so who knows how long this could take, and for something that may ultimately be about not very much that’s new. But until then, we all get to speculate and post stuff on Twitter. That counts as entertainment in these troubled times. CBS Sports and NJ.com have more.

A twist in the sign stealing story

We’ll see how twisted it gets.

A federal judge ordered the unsealing of a 2017 letter from Major League Baseball commissioner Rob Manfred to the New York Yankees that, according to court documents, detailed a “more serious, sign-stealing scheme” than the league initially revealed that September.

The Yankees and Major League Baseball have until Monday at noon to submit “a minimally redacted version” of the letter, according to the 12-page memorandum order filed in the Southern District of New York.

The letter itself may not be unsealed until June 19 in order for the Yankees to file an emergency appeal.

[…]

The letter in question was obtained during the discovery phase of a $5 million class-action lawsuit brought by DraftKings players against the league, the Astros and Boston Red Sox in the wake of the sign-stealing revelations earlier this winter.

A group of more than 100 plaintiffs, led by daily fantasy player Kristopher Olson, claimed the league and two teams were liable for any money lost during games where either the Red Sox or Astros cheated.

Judge Jed S. Rakoff dismissed the suit in April, but the plaintiffs are appealing the decision to the 2nd Court of Appeals.

Rakoff wrote Friday’s memorandum order that called for the letter’s unsealing, finding in favor of the DraftKings players who remain as plaintiffs. In their argument to keep the letter’s contents sealed, the Yankees said releasing the letter would inflict “significant reputational injury.”

“Much of the letter’s contents have already been revealed in the 2017 press release,” Rakoff wrote in his decision. “Furthermore, embarrassment on the part of MLB or the Yankees about the precise contents of the letter is not particularly weighty, and the privacy interests of any individuals mentioned in the letter may be remedied by minimal redaction.”

See here for more on the DraftKings lawsuit, to which the Yankees were not a party. My guess is that the single most likely outcome of this is that the letter tells us very little we didn’t already know, based on what Judge Rakoff says in his ruling, but the possibility certainly exists for something juicy to be in there. It’s not going to change anything the Astros did, but it might contribute to their “everyone else was doing it too” defense. It’s also possible that this will make MLB look bad – again – for the way they handled the investigation and the punishments that were handed out. We’ll find out soon enough. At this point, all I can say is that I’m glad for some baseball news that isn’t about the owners’ latest ridiculous season-starting proposal to the players. Views from 314 and Pinstripe Alley, both Yankees blogs, have more.

Arguments due this week in Astros sign stealing lawsuits

Here we go.

Did not age well

Attorneys will submit written arguments May 25 to a Harris County judge in the Astros’ attempt to dismiss a consolidated lawsuit filed by season ticket holders upset by the 2017-18 electronic sign-stealing scandal.

State District Judge Robert Schaffer is overseeing the case, which combines three earlier lawsuits accusing the Astros of fraud and violations of the Texas Deceptive Trade Practices Act.

A hearing to dismiss normally would be held in person but will be conducted in writing because courthouse access is limited by the COVID-19 pandemic.

The consolidated suit, which was updated earlier this month, expands a proposed class of Astros season ticket holders suing the team to include full and partial season ticket-holders from 2016 through 2020.

It also adds three plaintiffs as prospective representatives for the requested class action.

One represents 2016 ticket holders. A second, the engineering and construction management firm CHA Consulting, would represent Diamond Club customers.

A third, Houston resident Donald Rao, represents 2020 season ticket holders who are seeking refunds from the ballclub for games that are not expected to be played this season because of the Major League Baseball shutdown.

See here for the previous update. With the DraftKings lawsuit tossed, there’s this one and the California lawsuit, which the Astros want either to be dismissed or moved to Texas.

Manfred finally disciplines the Red Sox for their sign stealing

Here’s the MLB press release, written as a letter from Commissioner Rob Manfred.

Executive Summary

Following an exhaustive investigation into allegations of improper use of the video replay room by the Boston Red Sox, I have come to the following conclusions:

• I find that J.T. Watkins, the Red Sox video replay system operator, on at least some occasions during the 2018 regular season, utilized the game feeds in the replay room, in violation of MLB regulations, to revise sign sequence information that he had permissibly provided to players prior to the game.

• I find that unlike the Houston Astros’ 2017 conduct, in which players communicated to the batter from the dugout area in real time the precise type of pitch about to be thrown, Watkins’s conduct, by its very nature, was far more limited in scope and impact. The information was only relevant when the Red Sox had a runner on second base (which was 19.7% of plate appearances leaguewide in 2018), and Watkins communicated sign sequences in a manner that indicated that he had decoded them from the in-game feed in only a small percentage of those occurrences.

• I do not find that then-Manager Alex Cora, the Red Sox coaching staff, the Red Sox front office, or most of the players on the 2018 Red Sox knew or should have known that Watkins was utilizing in-game video to update the information that he had learned from his pregame analysis. Communication of these violations was episodic and isolated to Watkins and a limited number of Red Sox players only.

• I find that the Red Sox front office consistently communicated MLB’s sign stealing rules to non-player staff and made commendable efforts toward instilling a culture of compliance in their organization.

Discipline

Based on the findings described above, I hereby issue the following discipline:

1) J.T. Watkins shall be suspended for the 2020 season and 2020 Postseason. When Watkins returns from his suspension, he will be prohibited from serving as the replay room operator during any game for the 2021 season and 2021 Postseason.

2) The Boston Red Sox will forfeit their second round selection in the 2020 First-Year Player Draft.

3) Alex Cora will be suspended through the conclusion of the 2020 Postseason for his conduct as the bench coach of the Houston Astros in 2017. While I will not impose additional discipline on Cora as a result of the conduct engaged in by Watkins (because I do not find that he was aware of it), I do note that Cora did not effectively communicate to Red Sox players the sign-stealing rules that were in place for the 2018 season.

No other member of the 2018 Red Sox staff will be disciplined because I do not find that anyone was aware of or should have been aware of Watkins’s conduct. The Club’s front office took more than reasonable steps to ensure that its employees, including Watkins, adhered to the rules. Notwithstanding these good faith efforts to comply with the rules, however, the Red Sox organization ultimately is responsible for the conduct of a member of its advance scouting staff.

The full report is here. As with the Astros, Manfred did not discipline individual players, in part because he needed their cooperation in the probe, and in part because the collective bargaining agreement did not allow for it. Judging from what I saw on Twitter, the overwhelming response is “that’s it???”, which I can understand. For sure, it seemed like Cora, who was already fingered in the Astros’ 2017 banging scheme and then apparently brought that experience to Boston, would get a harsher sentence. Apparently not. No idea why it took this long to release the report – it was likely ready to go in March, before everything was about COVID-19 – but whatever. It is what it is at this point, and if we can ever get to being able to bitch about it while real games are being played, I’ll be grateful for that. Fangraphs has more.

DraftKings lawsuit tossed

Score one for the Astros.

Did not age well

A federal judge in New York mixed technical points of law with humor and theatrical flourishes in delivering a rousing defeat Friday to a group of baseball daily fantasy players who sued the Astros, Red Sox and Major League Baseball, claiming they were defrauded by the sport’s electronic sign-stealing scandal.

U.S. District Judge Jed Rakoff’s 32-page opinion in the case, filed by fantasy players from Massachusetts, California, Texas, Florida and California, begins by quoting from the 1956 film “High Society” and then dismantles the plaintiffs’ case while delivering a brief scolding to the Astros and Red Sox for their misdeeds.

While Rakoff, according to a 2014 magazine profile, is a Yankees fan who keeps a baseball autographed by Hall of Fame reliever Mariano Rivera on his desk, he nonetheless dismissed the fantasy players’ complaint as “verbose, rhetorical and conclusory” — conclusory referring to a conclusion that is unsupported by facts — in dropping the case against two teams that are hardly on any list of Yankees fans’ favorites.

Rakoff began by noting that baseball celebrates stealing, if only of a base, and noted that it also can “lead our heroes to employ forbidden substances on their (spit) balls, their (corked) bats or even their (steroid-consuming) selves.

“But as Frank Sinatra famously said to Grace Kelly in the 1956 movie musical ‘High Society,’ ‘There are rules about such things,’” the judge wrote. “One of these rules forbids the use of electronic devices in aid of the players’ inevitable efforts to steal the opposing catcher’s signs.

“In 2017, and thereafter, the Houston Astros, and somewhat less blatantly the Boston Red Sox, shamelessly broke that rule, and thereby broke the hearts of all true baseball fans. But did the initial efforts of those teams, and supposedly of Major League Baseball itself, to conceal these foul deeds from the simple sports bettors who wagered on fantasy baseball create a cognizable legal claim?

“On the allegations here made,” the judge concluded, “the answer is no.”

See here and here for the background. A copy of the judge’s ruling is embedded in the story. There are still other lawsuits out there for the Astros to contend with as a result of the sign stealing scandal, but this one is done for now. We’ll see if the plaintiffs try to appeal. ESPN has more.

Won’t you join our lawsuit?

This is going to keep giving me content for years.

Did not age well

After filing two sign stealing-related lawsuits against the Astros on behalf of Houston season-ticket holders, a Corpus Christi law firm is asking Dodgers and Yankees fans who attended 2017 postseason games in Houston if they, too, are interested in suing the ballclub.

The websites yankees-astros-scandal.qualified-case.com and dodgers-astros-scandal.qualified-case.com were launched by the firm Hilliard Martinez Gonzales. Both sites were advertised on Facebook in an effort to contact fans of the teams that traveled to Houston for playoff games in 2017, when the Astros beat the Yankees and Dodgers en route to the World Series title.

“We’re trying to find people who traveled to Minute Maid Park, Yankees or Dodgers fans, who spent money in flights, hotel rooms, rental cars, to watch a game that was not fair,” said John Duff, an associate with the Hilliard firm.

“They didn’t get their money’s worth, and we wanted to see if any of those potential clients want to get compensated.”

The Yankees website asks, “Are you a Yankees fan that traveled to Houston for the ALCS in 2017?” The Dodgers site asks, “Were you a Dodger ticket season holder during the 2017 season?”

Both sites note that the Astros were penalized by Major League Baseball for using electronic methods to steal catcher’s signs and adds, “This is unfair to paying Yankees (or Dodgers) fans and compensation should be demanded.”

Any potential suits on behalf of Dodgers or Yankees fans would be filed in Texas state court or in federal court in California or New York, Duff said. He declined to estimate how many answers the firm had received in response to the inquiries.

“There was confirmed cheating during the ALCS and World Series, and those tickets are more expensive and the damage model is higher,” Duff said.

See here and here for the background. As this story notes, the three Harris County lawsuits have all now been consolidated and moved into one court, the 152nd Civil Court. I don’t have anything to add, I just look forward to the next chapter in this highly entertaining story.

Another lawsuit the Astros want tossed

It was the first one filed against them relating to the banging scheme.

Did not age well

The Astros have asked a Los Angeles Superior Court judge to dismiss a lawsuit filed against the team, owner Jim Crane and baseball operations employee Derek Vigoa by former Blue Jays pitcher Mike Bolsinger, who says his career was ruined by the Astros’ 2017-18 sign-stealing scheme.

The motion, filed by Los Angeles attorney John C. Hueston, says the case is “utterly devoid of merit.” More critically, however, it says California is not the proper venue and that Bolsinger’s suit should be dismissed or stayed until it can be resolved by a court in Texas.

[…]

While asking that the case be dismissed, the Astros’ attorneys say that Texas is the proper forum, if the case proceeds, because the Astros are based in Texas and Bolsinger resides in Texas, They add that Texas would be a more cost-efficient venue because virtually all witnesses and documents are in Texas and because the sign-stealing occurred in Texas.

In addition, attorneys say, California has little to no stake in the matter because no allegedly harmful activity occurred in California and no California residents claim to have been harmed.

They also say the case would clog California’s already-overburdened court system and that forcing the Astros to defend the case in California in a case “with such limited connections to California” could dissuade other out-of-state businesses from doing business in California.

“Texas courts are well-equipped to address the relief sought by (Bolsinger), and all private and public interest factors demonstrate that Texas is a far more convenient forum than California,” attorneys add.

In a separate filing, the Astros’ attorneys say California courts lack jurisdiction in the case because the defendants lack sufficient minimum contacts with California. The case, they add, is “objectively frivolous for a host of reasons.”

See here for the background. There will be a hearing on the motions on June 12. I tend to agree that this lawsuit is more or less without merit, but as we know I Am Not A Lawyer, so take that for what it’s worth.

Astros move to dismiss season ticket holder lawsuits

How about some non-coronavirus baseball-related news? I got some for ya.

Did not age well

The Astros have asked Harris County district judges to dismiss the three lawsuits filed against the ballclub by ticketholders who claim they were defrauded by the sign-stealing scandal in 2017-18.

In each case, attorneys for the ballclub say ticketholders lack standing to file suit, that their claims against the team are barred by the statute of limitations and that plaintiffs have failed to state a claim upon which a court could grant a judgment against the Astros.

Each answer describes the Astros’ system of electronic sign-stealing as “a source of great disappointment to Astros fans as well as to the Astros organization” and notes that individual players and owner Jim Crane have offered apologies.

“There is, however, no legal standing for season ticket holders … to recover damages for their disappointment over the Astros’ performance for any of the seasons they may have been implicated in the controversy,” the filings add.

“As many courts have held, a ticket holder has only the right to enter a venue and to have a seat for the ticketed game, and cannot complain afterwards that the game should have been played differently.

“The plaintiffs here do not allege that they were deprived of those rights, and they were not. Therefore, defendants deny that the plaintiffs are entitled to any relief in a court of law.”

The Astros seek dismissal of all three lawsuits and ask that they be awarded costs for their defense.

See here for the background, and listen to this episode of Effectively Wild for actual legal analysis of these and other lawsuits related to the banging scheme. As noted in my previous post, each was filed in a different court in Harris County, which may possibly be a complicating factor. I still think these will all ultimately be dismissed, but you never know. The Astros and others still face the fantasy baseball lawsuit, which they have also moved to dismiss. Hey, I didn’t say this was baseball-content baseball news, just that it wasn’t coronavirus-related baseball news. Gotta take what you can get these days.

MLB, Astros, Red Sox respond to DraftKings lawsuit over sign stealing

It’s motion to dismiss time.

Did not age well

As baseball’s electronic sign-stealing case joins the long list of sports-related court cases, attorneys for the the Astros, Red Sox and Major League Baseball all say that while fantasy sports bettors may be angered by rules violations, that doesn’t mean they’re entitled to monetary damages as a result of cheating.

All three parties filed responses late last week in a proposed class action case filed in a New York City federal court against the two teams and MLB over purported damages resulting from the 2017-18 sign-stealing scandal.

The two cases filed in New York have effectively been rolled into one case as bettors have joined forces against the MLB entities.

All three responses to the lawsuit filed by DraftKings customers cite court decisions in such past brouhahas as the New England Patriots’ “Spygate” case in 2010, boxer Mike Tyson’s ear-biting assault upon Evander Holyfield in 1997 and the New Orleans Saints’ “Bountygate” scandal of 2009-11 in asking U.S. District Judge Jed S. Rakoff to dismiss this case.
“Every court that has been faced with similar claims by disappointed fans … has soundly rejected such a claim recognizing that these types of issues are best resolved on the field and not in the courtroom,” attorneys for MLB wrote. “The same result should obtain here.”

In similar fashion, attorneys for the Astros wrote that fans “have no express or implied right to an event free of penalties, undisclosed injuries, rules violations, cheating or similar conduct. … There is no legal claim for a violation of a sports league’s internal rules.”

See here for the background, and here for more sign-stealing-lawsuit stuff. A copy of the Astros’ motion to dismiss is in the story. I don’t have anything to add to this, but if you’d like to hear an actual lawyer give real lawyer-like opinions and analysis of the various sign-stealing lawsuits and their merits, I recommend you listen to this episode of Effectively Wild, which will give you a firm footing on the subject. Courthouse News and the Associated Press have more.

More Astros lawsuits

This one was filed by a dissatisfied customer.

Did not age well

An Astros season ticket holder has filed suit in Harris County District Court against the ballclub, accusing the team of negligence, breach of contract and violations of the Texas Deceptive Trade Practices Act in conjunction with the 2017-18 electronic sign-stealing scandal.

The suit, filed Friday by Beaumont attorneys Mitchell A. Toups and Richard L. Coffman on behalf of season ticket holder Adam Wallach of Humble, seeks class action status for Astros full and partial season-ticket holders from 2017 through 2020 and damages in excess of a million dollars.

The Astros are accused of “deceptively overcharging (fans) for season tickets while defendants and their employees and representative knowingly and surreptitiously engaged in a sign stealing scheme … and secretly put a deficient product on the field that could result (and now has resulted) in severe penalties” from Major League Baseball.

As a result of the scheme, the lawsuit claims, season ticket holders are owed refunds of what attorneys say were inappropriate increases in ticket prices for the last four seasons. The suit also seeks treble damages for the Astros’ “knowing, willful, intentional, surreptitious, wrongful and unconscionable conduct.”

In addition, attorneys seek an order that would prevent the Astros from increasing season ticket prices for at least two years.

There were already two other lawsuits against the Astros over the whole sign stealing thing; this story notes yet another, a hand-written (!) lawsuit from a guy in Nevada who lost money in both 2017 and 2018 betting on the Dodgers to win the World Series. The day will come when this sort of story will end, but today is not that day. I Am Not A Lawyer, and I have my doubts that this will survive a motion to dismiss, but the Chron asked some actual lawyers, and maybe it can.

With three potential class action lawsuits pending against the Astros in Harris County courts, the scene is set for what attorneys say is a multi-layered, landmark legal battle that could test the wits and knowledge of lawyers, judges and jurors and perhaps extend beyond information disclosed in Major League Baseball’s report.

“This is a complicated mess,” said Talmage Boston, a Dallas attorney who has written two books on baseball’s history and is a member of the Texas Baseball Hall of Fame. “We have never seen anything like this before. There will be nothing easy about this case.”

Two additional lawsuits were filed against the ballclub Tuesday, bringing to at least seven the number of cases in state and federal court stemming from the electronic sign-stealing scheme in 2017-18 that resulted in Major League Baseball sanctions against the ballclub.

In the two latest suits, filed by the Hilliard Martinez Gonzales law firm in Corpus Christi, attorneys will seek authority to collect testimony that could go beyond details collected by the MLB probe that led to the firing of Astros manager A.J. Hinch and general manager Jeff Luhnow by team owner Jim Crane.

John Duff, an associate with the Hilliard firm, said attorneys for the ticket holders will attempt to question not only current and former Astros players and management but also MLB executives and players and managers from other teams, extending the boundaries of the MLB probe.

[…]

Sports-related lawsuits are not uncommon, with examples including the NFL’s “Spygate” affair with the New England Patriots and cases filed by disgruntled New Orleans Saints fans over officiating decisions that affected playoff games.

None of those cases proceeded to trial. Boston, however, said he believes the three Harris County cases, each of which seeks to represent season ticket holders who say they were defrauded by the Astros’ misdeeds, have a chance to proceed.

“The Astros will try to get them dismissed, but I think they will get teed up in front of a jury,” Boston said. “There are some compelling facts, and the evidence discovery will go deeper than anything we know in terms of what (MLB commissioner Rob Manfred) had in his investigation.

“It really is a can of worms.”

So who knows what might happen. Each case is in a different court, and there may be an effort to move them to federal court, which the plaintiffs will resist. I still have my doubts, but it sure would be interesting to see what the discovery process might uncover.

Astros offer an apology

We’ll see how it goes for them.

From a local newscast in LA

Astros players issued their first public apology after being involved in a cheating scandal that rocked baseball in the offseason.

“I am really sorry about the choices that were made by my team by the organization and by me,” Astros third baseman Alex Bregman said in a press conference at the team’s spring training facility in West Palm Beach, Fla. “I have learned from this and I hope to regain the trust of baseball fans. I would also like to thank the Astros fans for all of their support. We as a team are totally focused on moving forward to the 2020 season.”

Jose Altuve followed up with a similar apology and said the team had a meeting Wednesday to talk about how they should move forward.

“I want to say that the whole Astros organization and the team feels bad about what happened in 2017,” said Altuve in a 38-second statement. “We especially feel remorse for the impact on the fans and the game of baseball, and our team is determined to move forward, to play with intensity and to bring back a championship to Houston in 2020.”

[…]

“At that meeting last night, the players showed tremendous remorse, sorrow and embarrassment for their families, organization, city of Houston and baseball,” Astros manager Dusty Baker said. “I want to ask for the baseball world to forgive them for the mistakes they made.”

Astros owner Jim Crane, who fired manager A.J. Hinch and general manager Jeff Luhnow when baseball released its report on the Astros’ cheating scandal, also apologized.

“I want to say again how sorry our team is for what happened,” Crane said. “I want to repeat this will never happen again on my watch.”

I’ll get to Crane in a minute, but suffice it to say not everyone was convinced. I do think this will simmer down over time – if nothing else, the Red Sox punishment is coming, and that will provide a distraction and another target for fans to aim their displeasure – but it will be present for the season, if not longer. Every first meeting against another team, every time an Astros player gets hit by a pitch, any time someone pops off on Twitter, the whole saga will get rehashed. And if there are further revelations, well, as the man once said, hold onto your butts.

As for Astros owner Jim Crane, maybe he should have hired a better apology-writer.

The Astros, who now stand, in the words of one analyst, as “baseball’s unfaithful spouse,” tried to address the 2017-18 sign-stealing scandal Thursday with a hybrid communications strategy that observers say left questions unanswered and failed to mollify the team’s critics.

While observers were more generous toward comments by Astros players in the spring training clubhouse at West Palm Beach, Fla., they were less complimentary of the 30-minute news conference staged by owner Jim Crane, which included brief remarks by players Jose Altuve and Alex Bregman.

Gene Grabowski, a partner at the crisis communications firm kglobal in Washington, D.C., said the Astros were ill-served by advisers in planning the opening news conference that got the morning off to a rough start.

“The core of the problem is that the team’s owner and players tried to declare the crisis over before it’s really over,” Grabowski said. “They sounded arrogant when they said they are moving on. That’s for the fans and sports writers to say — not guilty players and owners.

“The team’s news conference was ill-conceived and poorly presented. It was a horrible performance that has actually made the situation worse for the Astros.”

Mike Androvett, who owns a public relations, marketing and advertising firm that works with attorneys in Dallas and Houston, said the news conference failed to put the past to rest and, instead, “reinforced that the 2017 World Series win will likely be forever tainted.”

[…]

Marjorie Ingall with the website sorrywatch.com, which tracks and rates messages of public contrition, said the Astros news conference “was spectacular in its horridness. It’s the way not to apologize. It’s every example of terrible corporate policy.”

Among Crane’s failures during his news conference, Ingall said, was refusing to acknowledge the damage the Astros inflicted on their opponents.

“You have to apologize to the people you’ve harmed,” she said. “If you’re not doing that, you’re not really apologizing.”

She did, however, have good words for Astros shortstop Carlos Correa, who began his remarks in the clubhouse with the phrase, “We were wrong for everything we did in 2017.”

“That’s the first sentence of a good apology: ‘We were wrong,’” Ingall said.

Well, maybe the worst is now over. Gotta think positive, right? Sports Illustrated has more.

Former MLB pitcher sues Astros

Good luck with that.

Did not age well

A pitcher who has not appeared in a major league game since getting shelled by the 2017 Houston Astros filed a civil lawsuit against the ballclub on Monday, according to USA Today.

In the filing made Monday in Los Angeles Superior Court, Mike Bolsinger accused the Astros of unfair business practices, along with negligence and intentional interference with contractual and economic relations, the report said. Bolsinger is seeking unspecified damages and wants the team to forfeit its 2017 playoff bonuses toward Los Angeles charities.

[…]

Toronto designated Bolsinger for assignment following its 16-7 loss that night. Bolsinger has not thrown a major league pitch since — ending a major league career that spanned 230 2/3 innings and three teams. He threw in the Japanese League in both 2018 and 2019.

Data compiled by Astros fan Tony Adams showed there were 54 bangs during the game in question — more than any other contest Adams charted.

See here for more on Tony Adams, and here for that USA Today story. Bolsinger was never a particularly good major leaguer, so it seems safe to call this a reach, but that doesn’t mean this will have no effect.

In other words, he could have company. Worth keeping an eye on, in any event.

“You guys Codebreaking?”

You thought the Astros sign stealing saga was over? It’s not over.

Did not age well

Roughly four weeks ago, Major League Baseball disciplined the Houston Astros for what commissioner Rob Manfred called the “banging scheme.” The Astros were busted illegally stealing signs in 2017 and 2018. The scheme involved banging a nearby trash can to relay the signs to the hitter at the plate.

Here is a recap of Houston’s punishment:

  • $5 million fine (maximum allowed by MLB Constitution)
  • Manager A.J, Hinch suspended one year (he was then fired)
  • GM Jeff Luhnow suspended one year (he was also fired)
  • Top two draft picks in 2020 and 2021 forfeited

In his nine-page report detailing the investigation, Manfred explained the Astros stole signs illegally throughout their 2017 World Series season and early in 2018 as well. The report says the investigation “revealed no evidence to suggest that Luhnow was aware of the banging scheme.” There appears to be more to the story, however.

According to a bombshell report by the Wall Street Journal‘s Jared Diamond, Manfred sent Luhnow a letter 11 days before the discipline was announced saying “there is more than sufficient evidence to support a conclusion that you knew — and overwhelming evidence that you should have known — that the Astros maintained a sign-stealing program that violated MLB’s rules.”

Diamond reports an intern showed Luhnow an algorithm used to decode signs in September 2016. The spreadsheet, nicknamed “Codemaker,” was fairly rudimentary — someone would manually input the sign sequence and the pitch, and the algorithm would decipher the pattern — but illegal nonetheless. The system was also referred to internally as the team’s “dark arts.”

The Astros used Codebreaker to decode signs during home and road games, according to Diamond, and the information was passed on to the dugout. As Manfred detailed in his report, the information was initially used by runners at second base. Eventually the Astros started banging on garbage cans to cut out the middle man and relay signs even with the bases empty.

See here and here for some background. There’s more:

Among the other details that have come to light:

  • The use of Codebreaker continued into 2018 and not just at home games, but also on the road. Until this point, it was assumed that the Astros only used their system at home. This story suggests they used at least some version of it on the road.
  • Luhnow, however, told MLB that he thought the use of Codebreaker was only for decoding signs after games, not in real-time.
  • The Codebreaker system was developed by Derek Vigoa, then an intern and now the Astros’ senior manager for team operations.
  • Tom Koch-Weser, the team’s director of advance information, plays a central role in this latest story. He told MLB investigators Luhnow would “giggle” at the name “Codebreaker.” Koch-Weser said Luhnow would sometimes say, “You guys Codebreaking?” when he came to the Astros video room during road games. Luhnow denied this to the Wall Street Journal.
  • Koch-Weser would often call the system the Astros’ “dark arts,” according to e-mails obtained by MLB. He said once in a team Slack channel, referring to Luhnow: “I know the secrets that made us a championship team, some of which he[’]d definitely feel a lot safer if they were kept in-house.”
  • Another Astros front-office staffer Matt Hogan told MLB investigators that no one tried to hide their actions from Luhnow. “It would have been something to show we were working and get validation of our work,” Hogan told investigators.
  • Luhnow was updated via e-mail by many in the front office about Codebreaker, the investigation shows, however Luhnow’s defense was that he didn’t read the full e-mails.
  • Regardless of Luhnow’s claim he didn’t know about any of this, Manfred’s letter said, “there is more than sufficient evidence to support a conclusion that you knew—and overwhelming evidence that you should have known—that the Astros maintained a sign-stealing program that violated MLB’s rules.”

I’m not sure what’s worse at this point, the new details about how entrenched in the organization this all was – you saw that this was happening on the road, too, right? – or how pathetically incomplete the Manfred report was. We can think of it as more like the Barr-summary-of-the-Mueller-report rather than the real report, because as before, it pointed us in a totally wrong direction. We need to be asking Rob Manfred a lot of questions about this.

The Journal states that the league’s evidence included knowledge of the existence of Codebreaker, yet the league’s report completely omits it and exonerates Astros non-uniformed personnel. The league’s report also somewhat pointedly omits any mention of actions prior to 2017, even though Manfred apparently knew about the Codebreaker implementation and that program’s 2016 origins.

Why?

Why did MLB not punish any personnel besides Lunhow? The intern who reportedly originally presented Codebreaker to Lunhow, Derek Vigoa, is now Houston’s senior director of team operations. For that matter, why has nothing become of Kevin Goldstein, who according to a report from Jeff Passan asked his scouts to point their cameras into other teams’ dugouts? That information became public before the conclusion of the league’s investigation. Is the front office-driven nature of the scheme the reason that AJ Hinch never put a stop to the banging?

Beyond that, what happened in 2018 when the use of Codebreaker stopped? Was it because there was a better system implemented, and was there front office-driven cheating in 2019? Tom Verducci point-blank asked Hinch whether there was truth to the rumors that the Astros used buzzers to convey signs during the interview that aired tonight on MLB Network. Hinch stated that the league found that no buzzers were used (h/t to Brendan Kuty for transcribing the full exchange). That’s not exactly a “no.”

It’s also worth noting that the Journal states that the aforementioned euphemism “dark arts” was used in the Advance Scouting Department’s 2019 budgeting spreadsheet. Is that a reference to the initiative Goldstein proposed, a new sign-stealing scheme, or something else entirely?

A lot of things about this whole story never added up. Why didn’t Hinch ever flat-out tell the players to cut it out? Why didn’t they get the message when he went as far as to smash the monitors, and did so twice? How could Luhnow – and owner Jim Crane, for that matter – not know about any of this?

The picture is becoming clearer now. We still need more information, and the question of Crane’s knowledge of these matters is still not satisfyingly resolved. But for some reason, MLB decided to conceal this side of the story, and decided to leave everything that happened before 2017 out of the report. Baseball deliberately shielded everyone in the Astros’ front office besides Jeff Luhnow.

Rob Manfred needs to tell us why.

Yes, he does. Also, maybe people need to ask AJ Hinch some more questions, too. We’re about to find out the fate of the Red Sox, as well as MLB’s plan for avoiding this kind of scandal in the future. My advice is to treat this in the same way the large organizations that are serious about cybersecurity treat that threat to their business: Hire people whose mission it is to monitor for this activity in real time, who proactively review past data for signs of misbehavior, and who use intel and other techniques to hunt for bad actors and actions proactively. I’m sure MLB already has cybersecurity experts on their payroll. They need to take that to the next step and treat this as a threat to their business, because it is. Rob Arthur and ESPN have more.

Lawsuit filed over sign stealing effect on fantasy baseball

This ought to be interesting.

Major League Baseball (MLB) teams secretly distorted player statistics and deprived fans of an “honest fantasy baseball competition,” a lawsuit filed by a fan alleges in the fallout to a sign-stealing scandal involving the Houston Astros and the Boston Red Sox.

The lawsuit, which named MLB, the Houston Astros and the Boston Red Sox as defendants, was filed in a Manhattan federal court on behalf of all fans who participated in DraftKings’ fantasy baseball contests, which plaintiff Kristopher Olson claimed were tainted by the sign-stealing scandal.

“At the very least, all of DraftKings’ fantasy baseball contests from early in the 2017 baseball season through the end of the 2018 regular season and into the 2019 season, were tainted by cheating and compromised, at the expense of DraftKings’ contestants,” according to the filing on Thursday.

DraftKings’ fantasy sports and betting operations are big business; it said in December it would go public this year in a deal putting its value at $3.3 billion.

The complaint claimed MLB has actively promoted fantasy baseball competition through its equity stake in fantasy sports and gambling company DraftKings.

CBS News and ClassAction.org have more details about the lawsuit if you want a deeper dive. I don’t play fantasy sports, but the basic idea is you draft a team, you designate which players “start” in a given game that is actually being played, and you get points based on the statistical performance of your players in those games. The idea here is that pitchers on fantasy teams who were designated to start against the Astros did worse than they would have because of the sign stealing, and since MLB knew about the sign stealing and didn’t do anything about it at the time, while they were also promoting and profiting from fantasy baseball, they were essentially defrauding the fantasy team owners. It seems a bit of a stretch to me, but there’s real money at stake. It’s also pretty clear that there’s more to the sign stealing story than what has been made public so far, and if this suit is allowed to proceed there’s a good chance we’ll learn a lot more about what really happened. So I’m very interested to see what happens.

Documenting the bangs

You have to admire the dedication to craft.

Did not age well

Like so many in Houston, Tony Adams and his family had to flee their inner-Loop home when Hurricane Harvey pushed Houston’s bayous out of their banks in August 2017.

Weeks later, Adams watched the 2017 World Series from the couch at a friend’s house, celebrating the Astros’ victory. Last fall, though, he was left crestfallen by allegations that the Astros had resorted to electronic sign-stealing en route to the 2017 championship.

Adams, however, did not fret in silence. As a web developer and graphic designer, he had the skills to discern what the Astros had done and the ability to document their actions in a comprehensive fashion that not even Major League Baseball chose to provide.

Accordingly, Tony Adams’ signstealingscandal.com website, which documents 8,274 pitches of 58 Astros games in 2017, has become a milestone of baseball scholarship — a public footprint of how the Astros did or, in some cases, did not, abuse technology for their own benefits in 2017.

“This is a difficult subject for Astros fans,” Adams said. “I think any reasonable fan has hurt feelings about it. The fact that it happened during our one World Series championship, I can’t help but think differently about that World Series.

“The Astros were so good in 2017 that I expected them to win the World Series, which you never want to do as a fan. I don’t think they needed to do this, which is what makes it so tragic.”

Adams devised a computer program that allowed him to discern 1,143 pitches at Minute Maid Park in 58 games that were preceded by banging sounds. The bangs were delivered by Astros players hitting a trash can after picking up signs captured by a centerfield camera to signal the batter that a breaking pitch or off-speed pitch was on the way.

Baseball scholars already are parsing Adams’ data for clues and trends, which he said was his goal. A portion of the website logs each pitch and the result of the at-bat, using his observations linked to data from MLB’s Statcast pitch-tracking system.

A writer for Baseball Prospectus determined that the sign-stealing caper may have hurt the Astros as much as it helped them. Writers for The Athletic speculate that data for at-bats by George Springer, Evan Gattis, Carlos Correa and Jake Marisnick could help explain why each batter reduced strikeout totals significantly in 2017.

Adams, meanwhile, tries to leave interpretations to others.

“People are able to see that there are certain players who probably had less involvement with the banging scheme,” he said.

Chief among that group was 2017 American League MVP Jose Altuve, who ranked near the bottom of the list in terms of the percentage of pitches on which banging sounds were recorded. Adams said he was meticulous about his research but was particularly precise regarding Altuve, giving each of his at-bats a second listen to make sure he wasn’t missing anything.

I’m really glad he did this, because the efficacy of many well-known ways of cheating in baseball – spitballs, corked bats, PEDs – is very much an open question. The best solution to sign stealing may well be an abundance of evidence that it doesn’t help the teams that try it. This isn’t conclusive, of course – not all of the pitches were charted, other teams may have been more efficient at this than the Astros, other methods of cheating or further refinements to this type of cheating may pay greater dividends – but it’s at least a pragmatic argument against the practice, for those times when the moral and ethical arguments fall short. Gotta start somewhere. A recent episode of the Effectively Wild podcast contains a thirty minute interview with Adams if you want to know more about this. Kudos for the good work, Tony Adams.

We have an Astros apology

From a former player, not a current player. It’s still something.

Dallas Keuchel

Twelve days later, an apology appeared on the south side of Chicago, from a bearded face that was constant throughout the Astros’ now-ruined renaissance.

“Was it against the rules? Yes it was,” Dallas Keuchel said. “And I personally am sorry for what’s come about the whole situation.”

Keuchel, now a member of the White Sox, became the first Astros player past or present to formally acknowledge and apologize for the electronic sign-stealing scandal that’s rocked the sport and cost four men their jobs.

The 2015 Cy Young winner spoke Friday at White Sox FanFest, directly addressing many topics his former Astros teammates have avoided. Keuchel, who left Houston as a free agent after the 2018 season, was an All-Star who threw 1452/3 innings during the 2017 World Series-winning season.

“It’s just what the state of baseball was at that point in time,” Keuchel said, according to the Chicago Tribune. “… It is what it is, and we’ve got to move past that. I never thought anything would’ve come like it did. I, myself, am sorry.”

Of the five current Astros players who’ve spoken since Major League Baseball released its findings Jan. 13, none have expressed remorse or assumed any culpability. Owner Jim Crane said this week he expects the team to come together at spring training, discuss its next steps and perhaps issue “a strong statement” of apology.

“First and foremost I think apologies should be in order for, if not everybody on the team,” Keuchel said. “It was never intended to be what it is made to be right now. I think when stuff comes out about things that happen over the course of a major-league ball season, it’s always blown up to the point of ‘Oh, my gosh, this has never happened before.’”

Keuchel said that he’s spoken to some of his former Astros teammates and reported “there is sorrow in some guys’ voices.”

Most, Keuchel said, are unhappy at Mike Fiers’ decision to speak on the record about the ploy to The Athletic in November. Fiers’ on-record account was the catalyst for MLB’s investigation.

“A lot of guys are not happy with the fact that Mike came out and said something or the fact that this even happened,” Keuchel said. “But at the same time, there is some sorrow in guys’ voices. I have talked to guys before and this will be going on for a long time and I’m sure in the back of guys minds this’ll stay fresh.”

I mean, was that so hard? It’s not even that abject, doesn’t really admit wrongdoing, but it at least acknowledges that an apology is called for. Keuchel gets a bit of a discount, for being a pitcher and thus not a beneficiary of the banging scheme, and for being a former Astro, but if you start from there and are sincere about it, what you end up with should be fine. But the longer this drags on, the less it will mean. Don’t keep us waiting.

Is there an Astros apology coming?

Maybe.

Did not age well

A “strong statement” of apology could be forthcoming from the Astros players involved in electronic sign-stealing during the 2017 and 2018 seasons, owner Jim Crane said Tuesday.

In response to interviews given by Jose Altuve and Alex Bregman on Saturday at FanFest, Crane said his players are “just getting some advice to take it easy.”

Neither Altuve nor Bregman addressed specifics of the sign-stealing scheme — one Major League Baseball determined was “player-driven” — nor did they accept culpability for the fallout when presented the option. Manager A.J. Hinch and general manager Jeff Luhnow were fired after the league released its investigative findings.

“When we get down to spring training, we’ll all get them together and they’ll come out with a strong statement as a team and, I think, apologize for what happened and move forward,” Crane said Tuesday prior to the Houston Sports Awards.

Crane said the players who’ve spoken have been “holding back a bit” and are apparently awaiting spring training to formulate a response.

“Everyone is split up. It’s a team,” Crane said. “We’re going to sit in a room and talk about it, then we’ll come out and address the press. All of them will address the press, either as a group or individually. Quite frankly, we’ll apologize for what happened, ask for forgiveness and move forward.”

You know my opinion. I just hope that if and when they do offer an apology, it’s genuine and heartfelt and not one of those “if anyone was offended” abominations. Better to fully embrace being the heel than to half-ass it, that’s my advice. Joe Holley has more.

You can’t move on from something you haven’t faced up to

That’s not how it works.

Did not age well

Neither Jose Altuve nor Alex Bregman, two principal players on a 2017 team that executed what Major League Baseball commissioner Rob Manfred described as a “player-driven and player-executed” system to violate baseball’s rules and defraud the game, chose Saturday to address specifics of a nine-page report on the scandal that led to the dismissal of general manager Jeff Luhnow and manager A.J. Hinch.

If there is remorse and apology, that will come later, perhaps next month after the ballclub gathers at West Palm Beach, Fla, for spring training. But for the moment, if there are fences to be mended, feelings to be reconciled or trust to be regained, Astros fans apparently will be left to their own devices.

Until the players speak, the focus of the Astros’ efforts to cope with and move past what some have described as baseball’s worst performance-related scandal in a century remains on owner Jim Crane, who made the decision last Monday to fire Hinch and Luhnow rather than settle for the suspensions imposed by MLB commissioner Rob Manfred.

By firing his manager and general manaager, said Gene Grabowski, a principal with the public relations firm kglobal, the Astros have made the appropriate sacrifice for their sins to the Lords of Baseball.

“They have thrown the virgin into the volcano,” Grabowski said.

With that, he said, the most important task facing Astros management is to move ahead, as Crane has done by apologizing to season ticket holders, contacting sponsors and receiving what he described as messages of continued support.

“You have to get past this,” Grabowski said.

[…]

Astros alumni Jeff Bagwell and Lance Berkman also emphasized the need to look ahead.

“When I get a spanking from my dad, he doesn’t quit loving me and I don’t quit being his son,” Berkman said. “The Astros aren’t going to stop being part of Major League Baseball. You have to accept the punishment and move on.

“This is a clean organization. This is not a dirty organization. This is not a tricky organization. All these things notwithstanding, this is a great organization, and I think it will continue to be.”

Bagwell agreed with Altuve that it’s too early for players to react to the specific charges outlined in the commissioner’s report.

“Everyone is still trying to wrap their heads around it,” he said.

Others, however, favor a more direct approach. Jeff Van Gundy, the former Rockets coach who now works for ESPN, said the forgiving nature of Houston fans and the old saw that confession is good for the soul would be a better avenue than silence.

“You don’t have to get into specifics, but you can say, ‘I’m sorry for the role that I played in this, and I promise the Astros fans that not only will I promise not to do it again, I won’t tolerate anybody else doing it,’ ” Van Gundy said.

While some fans will scoff at the idea that players did anything wrong by violating the rules in a sport where competition is everything and winning is the only thing, Van Gundy said, “The earlier you deal with it, the more forthright you are, the better.

“Saying ‘I screwed up’ is the hardest thing to do. But it’s the simplest way to be forgiven.”

I’m with Van Gundy here. Look, the main thing we know here is that other than then-coach Alex Cora, the whole “banging scheme” was player-devised and player-driven. Yet for a variety of understandable if debatable reasons, MLB chose to punish only the manager and GM. This has not only left the public wanting players to be held accountable as well, it’s also left every member of the Astros team from 2017 and 2018 under a cloud. That cloud isn’t going anywhere until the players themselves talk about their own role in what happened, whether as a ringleader, beneficiary of the scheme, or just someone who didn’t care for it but didn’t speak up about it. This isn’t complicated. The Astros themselves can feel however they want about all this, but if they want other people to move on, they need to own what they did and apologize for it.

Luhnnow and Hinch suspended by MLB, then fired by Astros

Wow.

Did not age well

Astros owner Jim Crane fired manager A.J. Hinch and general manager Jeff Luhnow on Monday shortly after Major League Baseball announced the pair would be suspended for a year as part of the penalties for the investigation into alleged electronic-sign stealing.

“Today is a very difficult day for the Houston Astros,” Astros owner Jim Crane said in a press conference Monday. “MLB did a very thorough investigation and the Astros fully cooperated and we accept their decisions and findings and penalties.”

The franchise also was stripped of its first- and second-round picks in both the 2020 and 2021 drafts and fined $5 million.

MLB’s report detailed the Astros’ efforts to steal signs in 2017 and laid out the punishment handed down to the Astros. Crane opted to go a step further.

“I have higher standards for the city and the franchise,” Crane said.

Well, at least the Astros found a way to make everyone forget about the Texans’ playoff disaster. The full report is embedded in the story, and it’s not long, so go read the whole thing. (Or just read the highlights here, but really, read the whole thing.) I’d say this was on the high end of what I thought might happen, but it’s not out of line with my expectations. The key is that the activity continued to occur after the 2017 Red Sox Apple Watch incident, in which Commissioner Manfred (the author of the report) explicitly promised strong punishment if anyone was caught doing stuff like that again. If I’m Alex Cora, who was directly named as a mastermind behind the scheme and is now the manager of another team under investigation I’m probably not sleeping well right now. We can debate at length whether this was fitting or not, or if any punishment is worth winning a World Series, or just put on some oven mitts and read Twitter about it. Let’s just say 2020 is off to a rough start for Houston sports fans.

This also wrapped up the Brandon Taubman investigation – he too was suspended for a year, and will have to apply to the Commissioner’s office for reinstatement. He was also singled out in the report for some sharp rebukes. I’ll be thinking about all this for some time. The Press has more.

UPDATE: This did not age well.

Allegations of electronic sign-stealing “surprised” Astros shortstop Carlos Correa, who acknowledged Saturday he has participated in and cooperated with Major League Baseball’s ongoing investigation into his team.

Appearing at an autograph show alongside Alex Bregman and George Springer, Correa offered the most elaborate comments of any Houston player since the scandal broke last November.

Correa expressed little worry about the organization’s reputation and no thought the 2017 World Series title is in any way tainted. He revealed subtle antipathy toward former teammate Mike Fiers, whose on-the-record allegations about the 2017 team’s actions spurred the investigation.

“He’s a grown man, and he can do whatever he wants to do. It’s a free country,” Correa said. “Knowing Fiers, it was surprising, because we were a team. We were a team. We were all together, and we had a bond, and we won a World Series championship. But this is America, the land of the free. You can say what you want to say.”

I’d say at least a little worry about the team’s reputation is in order at this time. There’s no evidence to suggest that the sign stealing actually benefited the Astros, but that doesn’t matter. Fair or not, this scandal will forever be associated with that title.

It’s not just the Astros

Oh, boy.

The Dodgers have not won the World Series since 1988. They have only appeared in the World Series twice since then, in 2017 and 2018.

Both teams that beat them — the Houston Astros in 2017 and the Boston Red Sox in 2018 — now are under investigation by Major League Baseball over allegations they improperly using technology to steal signs.

During the 2018 regular season, according to a story posted by the Athletic on Tuesday, the Red Sox visited the replay room during games to review signs flashed by opposing teams.

“It’s cheating,” one person who was with the 2018 Red Sox told the Athletic. “Because if you’re using a camera to zoom in on the crotch of the catcher, to break down the sign system, and then take that information and give it out to the runner, then he doesn’t have to steal it.”

The league monitored replay rooms during the 2018 postseason, making it unlikely the Red Sox would have been able to use the system during the World Series.

The Red Sox said in a statement Tuesday: “We were recently made aware of allegations suggesting the inappropriate use of our video replay room. We take these allegations seriously and will fully cooperate with MLB as they investigate the matter.”

See here and here for the most recent updates on the Astro investigation. As a Yankees fan, I’m torn between stifling a giggle, and lighting a thousand candles in the fervent hope that my team isn’t the next one in the barrel. I can believe that some teams may have been doing this more (and more egregiously) than others, but I have no trouble believing that most if not all of them were at least dipping a toe into this kind of illegal activity. In the meantime, Astros fans, enjoy the schadenfreude while you can.