Baseball’s battle with A-Rod trumped Florida lawQuote:
Major League Baseball, in its zeal to nail A-Rod and other accused juicers, paid thousands for stolen medical records.
Not that we don’t relish the prospect of overpaid jocks getting their comeuppance, but there’s a small problem with trafficking in stolen property. It’s stolen.
Florida law’s not fuzzy about the legality of "dealing in stolen property." A state statute puts it bluntly. "Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree."
The legislature, in writing the statute, failed to include an exception for Major League Baseball. No worries. It has become apparent, as this latest baseball doping scandal unfolded, that MLB investigators are allowed to operate beyond legal restraints that hamper less exalted elements of society.
...
There’s another legal complication in MLB’s pursuit and purchase and use of purloined records. Medical records are confidential and, according to Florida law, "may be disclosed only to other health care practitioners and providers involved in the care or treatment of the patient, or if permitted by written authorization from the patient or compelled by subpoena at a deposition, evidentiary hearing, or trial for which proper notice has been given." I’m not sure that MLB’s meeting with a convicted bank robber at the Cosmos Diner quite qualifies as an evidentiary hearing.
...
MLB used those purloined medical records to force 17 major and minor league players to accept suspensions. Only A-Rod has fought back. So his lawyers and MLB’s baseball’s lawyers are in a furious legal and PR war. A-Rod lawyers have filed suit charging baseball’s investigators of "despicable, unethical and possibly illegal" tactics. (Meanwhile, MLB’s lawyers, in yet another mad twist, claimed that A-Rod’s representatives had spent some $300,000 buying up their own copies of the Biogenesis records, then leaked select documents about fellow players to divert attention from his own case.)
...