BETA
This is a BETA experience. You may opt-out by clicking here

More From Forbes

Edit Story

Major Baseball Agency Accused Of Secret Payments And Pushing PEDs In $3 Million Fee Dispute

Following
This article is more than 6 years old.

Juan Carlos Nunez, an individual who was once relied upon for his connections and ability to bring Dominican baseball players to a baseball agency, is now suing that agency along with its owners, and seeking millions of dollars in relief. The complaint, filed February 12 in the Supreme Court of the State of New York Kings County, is against Athletes' Careers Enhances and Secured, Inc. (more commonly known as " ACES "), Sam Levinson and Seth Levinson, brothers who were once said to embody the definition of "hustle."

Nunez may not disagree with the characterization. He says that the Levinson brothers informed him to do "whatever it took" to recruit and retain clients to ACES, which included making secret payments to players and others who provided performance enhancing drugs (PEDs) to players.

The complaint includes that,

After he was hired, Plaintiff was told that he had to do “whatever it took” to recruit and retain players as ACES clients. Plaintiff came to learn that doing “whatever it took” meant violating criminal law in addition to the rules of Major League Baseball (“MLB”) as well as its Players’ Union, including by making under-the-table payments to players and their friends and family, helping players obtain and use performance-enhancing drugs (“PEDs”) to get bigger contracts, and ultimately engaging in an elaborate coverup to hide the misconduct from MLB and its Players’ Union. All of this was done at the direction and under the close supervision of Defendants, who formulated the scheme and at all relevant times controlled Plaintiff’s participation in it.

Nunez says that every act of his required the approval of the Levinson brothers in advance, and that the scheme made the defendants rich until Melky Cabrera was suspended fifty games for use of PEDs and Nunez fell on his sword while ACES and the Levinson brothers seemed to escape without any harm. The MLB Players Association previously determined that "none of the ACES principals were involved in or had knowledge of the Cabrera scheme to get his positive test thrown out," including the creation of a fabricated website advertising a topical creme that Cabrera would lie about taking.

At the time, Seth Levinson said, "We are pleased to have been cleared of wrongdoing by the players’ association after its thorough investigation, and we greatly appreciate the support we received from our players. For 27 years we have represented our clients with honesty and integrity and we will continue to aggressively assert and protect the rights and interests of our players."

But Nunez now says that the Levinson brothers threw him under the bus to protect their reputations and minimize their exposure.

The complaint states,

Sam and Seth Levinson repeatedly called Plaintiff to make sure that everything was on track with the jars and the labels. Defendants Sam and Seth Levinson directed and orchestrated every aspect of the attempted coverup after Cabrera tested positive for PEDs.

The complaint was obviously not solely filed so that Nunez can be compensated for monies he claims to be owed, but also as payback against the Levinson brothers who he believes hung him out to dry.

For instance, Nunez recounts when he was purportedly directed to fly to the Dominican Republic and meet with Fernando Rodney to do "whatever it took" to bring Rodney back to ACES as a client after Rodney left the company for a competitor. The MLBPA instructed ACES to avoid contact with Rodney, but Nunez says that he was told by Sam Levinson to offer and make payments to Rodney's family and friends, which ultimately caused Rodney to return to ACES despite the clear MLBPA rules violation.

Nunez also explains that in March 2012, he told Sam Levinson about Anthony Bosch's Biogenesis clinic that could provide MLB players with PEDs to improve their performance. According to the complaint, Levinson allegedly told Nunez to introduce arbitration-eligible players, free agents and prospects to Bosch "so they could be on his programs and perform better."

At least ten ACES clients were brought by Nunez to Bosch during 2012, each time with the Levinson brothers' knowledge and approval, per the complaint. While not necessarily an issue for the New York court to take up, these types of claims should certainly catch the attention of the MLBPA, which may want to re-open an investigation based on these inflammatory allegations.

Nunez's request for monetary relief relates to a May 30, 2006 contract he signed with ACES that provided 25% of any fees ACES collected from MLB contracts of players Nunez signed for ACES. He is seeking more than $2 million in unpaid commissions and an additional $500,000 in fees that ACES agreed to reimburse that are past due, and says that he wants more than $3 million in total relief.

The Levinson brothers have not returned calls seeking comment.

Darren Heitner is the Founder of South Florida-based HEITNER LEGAL, P.L.L.C. and Sports Agent Blog. He authored the book, How to Play the Game: What Every Sports Attorney Needs to Know.