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Prosecutors in the Dominican Republic formally charged Tampa Bay Rays shortstop Wander Francofor sexual and commercial exploitation of a minor, according to a statement from the country’s Public Ministry.

The prosecutors presented the formal accusation against Franco on Tuesday. The spokesperson for the attorney general’s office, Nairobi Viloria, confirmed the charges to multiple outlets.

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11 minutes ago, chasfh said:

"Commercial exploitation of a minor"? Isn't that what Craig Monroe is potentially facing?

I believe C Mo checked all the boxes necessary for that, yes. 

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43 minutes ago, 1776 said:

Prosecutors in the Dominican Republic formally charged Tampa Bay Rays shortstop Wander Francofor sexual and commercial exploitation of a minor, according to a statement from the country’s Public Ministry.

The prosecutors presented the formal accusation against Franco on Tuesday. The spokesperson for the attorney general’s office, Nairobi Viloria, confirmed the charges to multiple outlets.

They added human trafficking today so he faces up to 20 years.

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Fun fact I just learned: Wander Franco is not suspended while all this is going on, but rather, he was placed on administrative leave by MLB, which separates him from his team but he is still being paid on his 11/182 contract, and he's still accruing service time.

MLB could suspend Franco if the league determines he engaged in a prohibited act, including the types of crimes he allegedly committed. They don't have to wait for a conviction or plea deal to do so. But for MLB to suspend him, they would have to determine not that he broke a law, which is outside the scope of their jurisdiction, but instead whether he violated employment obligations established by collectively-bargained workplace policy. Even so, Franco would have the right to appeal any suspension and could contend that MLB lacks just cause to suspend him, based on available evidence.

But wait: couldn't the Rays simply void Franco’s contract? After all, hasn't he been accused of one of the most heinous crimes imaginable? And isn't MLB in the vanguard of hammering players for allegations of sexual violence, even if they were never even tried or convicted? (Hello, Trevor Bauer!)

The Rays could try, but the complicating factor is that Franco is accused of the crime, and not yet convicted. But even if the Rays wait for a conviction or plea deal to do so, historically, MLB teams have struggled to terminate player contracts, since they are guaranteed, even when a player is incarcerated. The Padres tried to terminate Lamarr Hoyt's contract when he was jailed for drugs back in the 80's, but an arbitrator reinstated the contract because he found the team had not followed all the prevailing procedures at the time.

One possibility is that the Rays could negotiate a buyout with Franco, the way the Rockies did with Denny Neagle when he was found guilty of soliciting a prostitute. What makes Franco's situation different is since he is being held outside the country, the Rays could try to suspend Franco due to his inability to come to the United States to fulfill the terms of his contract, during which they would not have to pay him. Could they keep him suspended for the rest of his contract length as a way to de facto terminate all remaining payment obligations? Maybe. I'm sure that would have to be subjected to a judgment somehow.

I wouldn't say that part is a really sweet deal for Franco, considering his overall circumstances, but assuming the Rays have made good on payments to him so far, he shouldn't have to worry about scaring up the cash to get the best legal representation possible.

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2 hours ago, chasfh said:

What makes Franco's situation different is since he is being held outside the country, the Rays could try to suspend Franco due to his inability to come to the United States to fulfill the terms of his contract, during which they would not have to pay him. Could they keep him suspended for the rest of his contract length as a way to de facto terminate all remaining payment obligations? Maybe. I'm sure that would have to be subjected to a judgment somehow.

I think this is ultimately what will eliminate the Ray's liability for paying him. If he's in jail, he has broken his end of the contract by not showing up, and that will break the contract. MLB contracts may be 'guaranteed,' but I'm going to guess there is still a requirement that you show up if the team is willing to have you unless you are legitimately medically unable to play.

Sort of like with Cabrera - he didn't want a buyout, the Tigers probably didn't really want him, but they had to pay him only if he kept coming to the park willing to play everyday.

Edited by gehringer_2
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14 hours ago, gehringer_2 said:

I think this is ultimately what will eliminate the Ray's liability for paying him. If he's in jail, he has broken his end of the contract by not showing up, and that will break the contract. MLB contracts may be 'guaranteed,' but I'm going to guess there is still a requirement that you show up if the team is willing to have you unless you are legitimately medically unable to play.

Sort of like with Cabrera - he didn't want a buyout, the Tigers probably didn't really want him, but they had to pay him only if he kept coming to the park willing to play everyday.

I'm not sure they can simply terminate the contract only because he doesn't show up work, because if they can do so for that reason, they can do it for a player they have on a bad contract who has VISA trouble in the spring, and I don't think they want to get into litigating intent. I think it's most likely they'll go the suspension route, which is technically a temporary solution that could turn into a de facto permanent solution, and it would not run afoul of any clauses protecting players that were bargained for during the CBA.

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17 minutes ago, chasfh said:

I'm not sure they can simply terminate the contract only because he doesn't show up work, because if they can do so for that reason, they can do it for a player they have on a bad contract who has VISA trouble in the spring, and I don't think they want to get into litigating intent. I think it's most likely they'll go the suspension route, which is technically a temporary solution that could turn into a de facto permanent solution, and it would not run afoul of any clauses protecting players that were bargained for during the CBA.

If you have made a good faith effort to enter the country and INS holds you up, that's more or less 'force majure' and I would imagine contracts recognize that. Getting yourself convicted and put in jail for the term of your deal is pretty much straight up permanent non-performance of your end of the bargain! I don't think a team would have much problem getting out from under either way. And in all likelihood, the standard contract has clauses for the more obvious sources of "it's your own fault" non-performance - like ending up in jail. The Rays will save the money but you know they'd rather have the performance!

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6 minutes ago, gehringer_2 said:

If you have made a good faith effort to enter the country and INS holds you up, that's more or less 'force majure' and I would imagine contracts recognize that. Getting yourself convicted and put in jail for the term of your deal is pretty much straight up permanent non-performance of your end of the bargain! I don't think a team would have much problem getting out from under either way.

Counterpoint: that didn't work for Lamarr Hoyt, and the Rockies didn't even want to try it with Denny Neagle.

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On 7/10/2024 at 2:57 PM, 1776 said:

Prosecutors in the Dominican Republic formally charged Tampa Bay Rays shortstop Wander Francofor sexual and commercial exploitation of a minor, according to a statement from the country’s Public Ministry.

The prosecutors presented the formal accusation against Franco on Tuesday. The spokesperson for the attorney general’s office, Nairobi Viloria, confirmed the charges to multiple outlets.

The Rays have moved Franco to the Restricted list. 

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July 11 (UPI) -- The Tampa Bay Rays have stopped payment on Wander Franco's $182 million contract after he was placed on MLB's restricted list, sources familiar with the transaction told UPI. Franco faces sex charges in the Dominican Republic.

Franco, who was being paid while on administrative leave, was officially placed on the restricted list Wednesday for "failure to report," the source said. The move was not a disciplinary finding.

An MLB investigation into Franco remains ongoing and disciplinary action is not expected until his charges are resolved. Players placed on MLB's restricted list are not paid and do not accrue major-league service time.

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18 hours ago, 1776 said:

July 11 (UPI) -- The Tampa Bay Rays have stopped payment on Wander Franco's $182 million contract after he was placed on MLB's restricted list, sources familiar with the transaction told UPI. Franco faces sex charges in the Dominican Republic.

Franco, who was being paid while on administrative leave, was officially placed on the restricted list Wednesday for "failure to report," the source said. The move was not a disciplinary finding.

An MLB investigation into Franco remains ongoing and disciplinary action is not expected until his charges are resolved. Players placed on MLB's restricted list are not paid and do not accrue major-league service time.

I wonder whether putting Franco on the restricted list is the MLB way of suspending him, or are they somehow two different things?

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6 minutes ago, chasfh said:

I wonder whether putting Franco on the restricted list is the MLB way of suspending him, or are they somehow two different things?

Good question. A team appears to have the option of putting anyone on the restricted list (up to 2 yrs) who isn't there for reasons other than injury. The Tigers had put Eduardo on the restricted list went he went AWOL. I suppose there is probably some avenue for a player to appeal that decision.

This Wki has a the list of possible statuses for players. I would read it that  'restricted' would be converted to 'suspended' in the case of a player with legal trouble once the legal system makes some kind of determination that would become the basis for the suspension.

https://en.wikipedia.org/wiki/Status_lists_of_players_in_professional_sports

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2 hours ago, chasfh said:

I wonder whether putting Franco on the restricted list is the MLB way of suspending him, or are they somehow two different things?

I believe I’ve seen the “Restricted” language applied to suspended players that have been busted using PED’s in the past? I think, but don’t know for certain, that the word restricted is code word for, termination of pay. Whether it be for 30 days or permanently, depending. 

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1 hour ago, gehringer_2 said:

Filed under "Smoke and Mirrors", Tampa is sitting at 500 with a -63 run differential.

They started the season without three of their five starters. They got Shane Baz back a couple of weeks back and they’ll get Jeffrey Springs back shortly after the break. As you pointed out, the offense is very inconsistent. Should be an interesting second half. And of course, losing Wander Franco was a huge set back. 

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Other than creating constant criticism of a known problem, the pitch box during games is serving no purpose. MLB will record all the information on umpires themselves anyway. Either institute ABS or Challenge or…stop talking about it. 

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4 minutes ago, 1776 said:

Other than creating constant criticism of a known problem, the pitch box during games is serving no purpose. MLB will record all the information on umpires themselves anyway. Either institute ABS or Challenge or…stop talking about it. 

Outlawing pitch framing by the catcher would have the biggest impact.    

Doing nothing and pretending it’s not a problem is going to bite MLB in the ass.

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3 minutes ago, Hongbit said:

Outlawing pitch framing by the catcher would have the biggest impact.    

I started to mention this myself but that would create another controversy. It seems like for every problem MLB seeks to resolve they create two more.  I do agree with your comment. 

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