In the Federal HGH Investigation, Time is Running Out For ARod to Step Up to the Plate
Alex Rodriguez, the third-baseman of the New York Yankees, was supposed to speak with federal agents and prosecutors on Friday, March 26, 2010, in Buffalo. Apparently, ARod couldn’t make it.
While there has been rampant speculation of the reasons why the Feds want to question ARod, the media pundits need to do a much better job reading the “tea leaves” of this investigation. We know that the FBI is investigating Dr. Anthony Galea, a Canadian doctor, for allegedly violating US law by illegally distributing controlled drugs like HGH. .jpg)
Given the constant scandal in sports involving performance enhancing drugs (“PED”), no one can be shocked by this development. It is also important to keep in mind that Dr. Galea is also known for performing blood platelet therapies (aimed at speeding the healing process) that are both legal and fairly routine.
We know that federal investigators have met with Carlos Beltran, Jose Reyes (both of the NY Mets) and a host of other athletes in the course of this investigation. In the case of Beltran and Reyes (who were both recovering from surgeries) the interviews appear to be fairly routine in nature. It is also critical to note that the Mets doctors knew that their players were going to see Dr. Galea as part of their treatment.
So why all the stink about ARod?
The difference with Rodriguez is that the Yankees and their doctors were not in the loop about ARod’s treatment with Galea. It appears that ARod, in consultation with his crack advisors, treated with Dr. Galea as a “free agent.” The question is why? Given ARod’s admission of using steroids (after lying about it on national television), the Yankees might not want to know the answer.
As this investigation plays out, keep in mind that no one in media knows (or should know) the cards that the Feds are holding. We do not know what others witnesses have told the FBI about Dr. Galea and his potentially illegal practices. We don’t know if there is a critical piece of evidence against Dr. Galea that the Feds believe ARod can give them and he is failing to do so. We don’t know if paper trial exists and to whom it may lead to in the end.
In my experience as a former narcotics prosecutor, in New York City, I can state that the “end user” of a illegal drug (like HGH) is not normally a big target criminal defendant. Unless, of course, the end user has been implicated in a narcotics investigation and refuses to play ball (see Greg Anderson of Barry Bonds mess). Eventually, the Fed’s collective patience will run out with ARod. While I am certain ARod doesn’t want another PED scandal, the Feds have more options then he does in this situation. If ARod doesn’t “shuffle off to Buffalo” soon, he may receive a more formal invitation in the form of a grand jury subpoena. This will compel him to tell the truth under oath or be subject to his own criminal prosecution (see Roger Clemens).
Finally, if ARod really antagonizes the Feds and if the FBI has proof of ARod using HGH provided by Dr. Galea, the government can always use the nuclear option and simply indict them both. Batter Up!
UPDATE: ARod apparently met with MLB official in early April. He denied using HGH and this information was transmitted to federal prosecutors for their review. Whether it’s enough or a convincing story remains to be seen. It looks like another case of a star athlete getting special treatment instead of being “inconvenienced” by cooperating in a criminal investigation.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.
A-Rod has zero incentive to cooperate until he's forced too, he has far too much to lose if he says the wrong thing or commits perjury, and absolutely nothing to "gain" by cooperating voluntarily.