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Shohei Ohtani says he's cooperating with investigators. Yasiel Puig offers a cautionary tale.

Kevin Rector, Los Angeles Times on

Published in Baseball

They alleged Puig had received assistance from Agent 1 in placing "at least 899 bets on sporting events" over a five-month period in 2019, and had made $200,000 in payments, via cashiers' checks, directly to the other Nix client, who was owed that amount by the Nix operation.

Prosecutors said Puig was warned that lying to them was a crime and that he understood their questions.

Puig's attorneys have fought back, arguing the whole case was a matter of miscommunication — or worse, entrapment. They've denounced the prosecution as unfair, culturally tone-deaf, racially biased and unnecessary. They've said Puig suffers from a number of cognitive disabilities — including attention deficit/hyperactivity disorder and post-traumatic stress disorder — that prosecutors failed to take into account.

Puig "has had very limited formal education, receiving the equivalent of only a third-grade education before he was sent to Cuba's government-run Baseball Academy at the age of nine," his attorneys wrote in one filing.

Those arguments haven't moved the needle much in court to date, but another has.

Puig's attorneys successfully challenged prosecutors' use of his earlier plea deal as evidence against him in the case moving forward. Prosecutors have since appealed that decision to the U.S. 9th Circuit Court of Appeals, calling it "an issue of exceptional importance" that, if allowed to stand, would have "wide-ranging consequences in every district in the Ninth Circuit, including on defendants who would no longer be able to rely on a prosecutor's promises in a plea agreement."

Puig's appellate attorney Jean-Claude André — the former appellate chief in the same U.S. attorney's office — called that claim "preposterous."

He said the district judge appropriately barred prosecutors from mentioning the deal in their case because she had yet to accept the plea and had never questioned Puig about his understanding of it at a hearing, which is a standard part of the plea process.

"The government should just try the case fairly on the facts, which we are ready to do," André said.

Bookies 'are a dime a dozen'

Axel said Puig — who had left MLB and was playing in South Korea when prosecutors first approached him, and is now playing in Mexico — backed out of the plea deal "because he could not plead guilty to a crime he did not commit." The attorney said the case is flawed in part because it hinges on the "mistaken or untrue" claims of other targets of their investigation.

It is not clear whether Puig's case and the one swirling around Ohtani are related.

According to prosecutors, Nix — a former minor league pitcher — started the Nix Gambling Business around 2001, using his professional sports connections to recruit fellow athletes as agents and betters.

Nix worked out of his home in Newport Beach and on the Vegas Strip, where he and his customers were treated as high-rollers and where Nix arranged multi-million dollar bets and processed illicit proceeds through casinos, including by paying off short-term, in-house lines of credit known as markers in cash, prosecutors have said.

In March 2022, the U.S. attorney's office in L.A. announced charges against Nix and a handful of others allegedly in business with him, including the operators of an offshore sports-betting website and a check-cashing store believed to have laundered proceeds. Eventually, they also announced another target: Scott Sibella, former president of the MGM Grand casino and later an executive of Resorts World Last Vegas.

According to a December 2023 plea agreement, Sibella had admitted to prosecutors that he believed Nix was an illegal bookie, but had nonetheless allowed him to gamble large sums at MGM without alerting authorities to the activity as required.

"In this business, they [bookies] are a dime a dozen ... I stay out of it. If we know, we can't allow them to gamble," Sibella told prosecutors. "I didn't ask, I didn't want to know I guess because he wasn't doing anything to cheat the casino."

 

Nix and Sibella, who is no longer a casino executive, have pleaded guilty to federal crimes in the case. In addition, MGM Grand and the Cosmopolitan of Las Vegas have agreed to pay a combined $7.45 million to settle a money-laundering probe tied to the investigation.

As part of those settlements, MGM Grand admitted that Sibella and two casino hosts knew about Nix's illegal business but allowed him to use illicit proceeds at the casino, while the Cosmopolitan admitted that one of its hosts knew about Nix's business but allowed him to use his proceeds there.

The Washington Post has reported that it was the investigation into Sibella that landed Mizuhara's alleged bookie, Orange County resident Mathew Bowyer, in prosecutors' crosshairs.

Federal agents raided Bowyer's San Juan Capistrano home last year as part of their investigation, but his attorney, Diane Bass, recently told The Times that he has not been charged with a crime. She also said he "never met, spoke with, texted, or had contact in any way with Shohei Ohtani."

'You have a target on your back'

Legal experts following Ohtani's case said it is critical for the two-way star to get a firm grasp on the facts surrounding Mizuhara's alleged misuse of his money, all of which should be compared to bank, phone and other records before being shared with prosecutors.

Weinstein, the former federal prosecutor, said unanswered questions still abound.

Were there any payment authorizations allegedly made by Ohtani? If so, where was he at the time? Where was Mizuhara? Who actually made them? Ohtani on Monday said he has never gambled or knowingly paid money to any bookie.

Do Ohtani's phone records show any contacts between him and Mizuhara around the time of any alleged transactions with Bowyer? If so, what was the context?

Do Ohtani's bank records show that any of the transactions set off fraud alerts, such that bank officials made inquiries as to whether they were legitimate? If so, how were those inquiries responded to — and by whom?

Ohtani's claim that he is an athlete with little English proficiency who was taken advantage of by someone close to him won't be taken at "face value" by investigators, Weinstein said. Prosecutors can subpoena all kinds of records, and will if they think a serious crime — like the theft of millions of dollars — has been committed.

And if either Bowyer or Mizuhara can prove Ohtani is not being truthful, Weinstein said, it's likely they will "run to the prosecutors and say, 'I want a deal, and you know what I'm going to offer you? Shohei Ohtani.' "

Axel, Puig's attorney, agreed Ohtani should be careful — and understand that "as a high profile athlete, you have a target on your back, and when you are not from the U.S., you may misinterpret the context of your interactions with law enforcement, which leads to misunderstandings that can be turned against you."

Lisette Carnet, Puig's agent who also represents other Latino players, said it is difficult for all immigrant athletes with language barriers — but particularly Latino players with little formal education, such as Puig — to "fully understand the intricacies of our American judicial system," and that "poses a risk" to them.

"No one cared enough about Puig to see what was actually wrong. It was easier to hate him, and to believe every bad story about him," Carnet said, addressing what she suggested was the player's unfair reputation as a "hothead."

With his career now hanging in the balance, she said, Puig is "trying to keep a positive attitude," even while "knowing that he may perhaps always be treated differently because of others' perceptions."


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