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MLB The Show

16 Feb 2018

Why the Aces lawsuit is anything but a bombshell

(Photo credit: Keith Allison)

The former Aces employee who took the fall in the Melky Cabrera PED coverup wants to clear his name as much as possible. That might happen partially and he'll get a payday but the lawsuit he filed against his former employer won't be a groundbreaking expose of how players in MLB continue to use PEDs.

On Tuesday, February 13, FanRag's Jon Heyman reported that Juan Carlos Nunez had sued the main proprietors of Aces baseball agency, Sam and Seth Levinson. Nunez is a former employee of Aces. He recently finished a prison term connected to attempting to cover up the performance-enhancing drug use of one of Aces' clients, outfielder Melky Cabrera, in 2012. The lawsuit alleges that the Levinson brothers have been providing their clients with PEDs for years and forced Nunez to take the fall when Cabrera failed a drug test and the agency tried to fabricate a defense so Cabrera could avoid a suspension.

At first glance it seems this lawsuit has potential to reveal actions and conversations that not only Aces but many of its clients and Major League Baseball itself would rather remain in the shadows. A deeper look at it reveals that potential to be minimal. Projecting a likely resolution to this matter all but puts that potential to bed.

The evidence that Nunez's counsel will present besides Nunez's own testimony is an affidavit from Kirk Radomski. Radomski was involved in the Mitchell Report investigation over 10 years ago. He names Aces and the Levinson brothers as aware of and involved in providing PEDs to MLB players. While that information is significant to Nunez's case it's anything but new. Radomski confirmed to Heyman that he provided the affidavit to MLB nearly six years ago when it was investigating Cabrera.

Why the lawsuit won't amount to much

Unless Nunez comes up with other evidence, the defense of the Levinson brothers will not be difficult to mount. The Levinsons could ascent to what took place in 2012 and state reformations made in their business practices since to stamp out the unsightly activity. Every claim Nunez makes in his own testimony can be disputed by the Levinsons.

As MLB has had the Radomski affidavit for years, it's unlikely that MLB will take any further action against Aces or the Levinsons now. Nunez's testimony to any PED activity with other Aces clients besides Cabrera would be insufficient evidence for MLB to take any action against said players. The only thing Nunez has going for him is the public relations fallout if this suit goes to trial.

While the Levinson brothers would likely directly dispute every allegation made by Nunez, the potential for Nunez to name names connecting Aces clients to PEDs and cast MLB in a negative light because of its lack of censure against the Levinsons is why both Aces and MLB probably prefer that this suit never sees a courtroom. Avoiding that PR nightmare is worth a settlement.

Because of the weakness of Nunez's case and the desire of not just Aces but MLB to avoid a trial, expect Aces to write a check to Nunez under pressure from MLB. In exchange for the money Nunez will likely agree to stay silent on everything that transpired during his term of employment with Aces.

Nunez will feel vindicated that he has somewhat proven that he didn't act alone in the Cabrera coverup while Aces and MLB will get to avoid another mess. Everyone will sort of win.

Is Nunez telling the truth that Aces has provided PEDs to many of its clients? Let us know what you think in the comments section.