Xander Bogaerts

Baseball Super-Agent Scott Boras Has Another Super-Conflict And There Is No Excuse For It

/ Jack Marshall / 4 Comments

Eleven years ago, Ethics Alarms began a post about baseball agents in general and Scott Boras in particular engaging in a flaming conflict of interest that harmed their player clients this way…

Baseball’s super-agent Scott Boras has his annual off-season conflict of interest problem, and as usual, neither Major League Baseball, nor the Players’ Union, nor the legal profession, not his trusting but foolish clients seem to care. Nevertheless, he is operating under circumstances that make it impossible for him to be fair to his clients.

I could have written that paragraph today. Nothing has changed. Literally nothing: as baseball general managers get ready for the 2022 winter meetings where, among other things, they huddle with player agents and sign players to mind-blowing contracts, the unethical tolerance of players agents indulging in and profiting from a classic conflict of interest continues without protest or reform.

I may be the only one who cares about the issue. I first wrote about it here, on a baseball website. I carried on my campaign to Ethics Alarms, discussing the issue in 2010, 2011 (that’s where the linked quote above comes from), 2014, 2019, and in 2019 again,  There is no publication or website that has covered the issue and thoroughly as this one, and the unethical nature of the practice is irrefutable. I might as well be shouting in outer space, where no one can hear you scream. Continue reading →

More All-Star Vote Cheating: A Lesson In How Corruption Spreads

/ Jack Marshall / 10 Comments

KC-Royals-logo

Using computer technology to exceed the voting limitations of Major League Baseballs (sloppy, naive, badly-conceived) on-line voting rules to elect the American and National League All-Star teams, some Kansas City hackers managed to flood the virtual ballot box with enough votes to elect four Royals players to the squad (after a brief, frightening period when it looked like they would elect eight). Two of the starting Royal All-Stars, shortstop Alcides Escobar and catcher Salvador Perez, are clearly bogus victors who owe their slots and bonus provisions to the cheating ways of a couple of computer savvy fans—or, perhaps, a couple of assholes who distorted the vote, weakened the team, lessened the quality of the game and forced deserving players off the team because they could, to puff up their little pigeon chests with hacker pride.

Every year, MLB hold a supplemental election to let the fans choose among five candidates in each league who have impressive records but haven’t made the All-Star squad. That one is online only, and unlike the main vote, there are no limits to voting. With typical sensitivity (I don’t think the MLB’s leadership could define what cheating is with a gun at their heads), the brass ignored the obvious fact that someone in Kansas City was making a travesty out of the process, and paved the way for him/them/it to do it again. Sure enough, the one Royal on the list of candidates for the final slot, 3rd baseman Mike Moustakas, is leading the early returns. There are already six Royals on the team, not counting the manager, Ned Yost. Of course, MLB could have avoided this obvious problem by leaving Royals off the American League’s final five. Naaaa. That would make sense. Continue reading →

The Unforgivable Conflict of Interest: Sports Agents, Robbing Their Ignorant Clients

/ Jack Marshall / 13 Comments

The ethical course is to choose.

The ethical course is to choose.

Sports agents are rich, powerful, and ethically handicapped by inherent conflicts of interest. The first two qualities so far have insulated them from dealing fairly and openly with the second. This is wrong, and has got to stop. For it to stop, it would help if the players, their unions, the sports leagues and the sports media didn’t either intentionally pretend not to see the obvious, or weren’t too biased and ignorant to realize what’s going on.

Four years ago, I wrote about this problem in a long piece for Hardball Times, a baseball wonk blog of consistent high quality.  The specific agent I was writing about was Scott Boras, the king of baseball player agents, but the egregious conflict I flagged isn’t confined to that professional sport; it’s present in all of them. In the article, I argued that Boras, a lawyer, is engaged in the practice of law when serving as an agent and was therefore violating the legal ethics rules, which prohibits having clients whose interests are directly adverse to each other, specifically in the so-called “Zero-Sum Conflict” situation.

A lawyer can’t assist two clients bidding for the same contract, because the better job he does for one, the worse his other client fares. A lawyer can’t sue a defendant for every penny that defendant has on behalf of one client when he or she has another client or two that have grievances against that same defendant—if the lawyer is successful with the first client, he’s just ruined his other clients’ chances of recovery. There is some controversy over whether the legal ethics rules automatically apply to a lawyer-agent like Boras, but never mind—whether he is subject to the legal ethics rules or not when serving as an agent, the conflict of interest he is blithely ignoring still applies, still harms his clients, still puts money in his pockets, and still should not be permitted. Continue reading →