The news broke this morning, and the firestorm didn't take very long to follow. When it was first reported that the Rangers had signed Dominican outfielder Jairo Beras to a $4.5 million contract, the first reaction was confusion; he was generally seen as one of the top prospects, if not the top prospect for the upcoming international signing period that begins on July 2. Teams were not shocked as much as confused about how the deal could be consummated in February.
As first reported by Jeff Passan of Yahoo Sports, the signing is already being investigated by Major League Baseball. Passan writes, “The Rangers believe he is 17 and eligible to sign while MLB and competing executives insist he's 16 and ineligible until July 2.” After double-digit conversations with scouts and executives, that might not exactly be the case, but nonetheless, the deal is still a troubling one.
Here are the primary points that are causing confusion:
1. Beras participated in the biggest international showcase of the year held in early February in the Dominican Republic, featuring top prospects from both the Dominican and Venezuela. While teams were told by Major League Baseball that all participating players had cleared identification and date of birth investigations as well as drug testing, the roster sheet distributed at the game indicated that birth dates had not been confirmed.
2. Multiple teams say that Beras had conducted private workouts for them at their respective complexes in the Dominican Republic in the months leading up to the contract. All of those teams claim that at the time of the workouts, Beras claimed a birth date of December 25, 1995 and that he would not be eligible to sign until the July 2 signing date. One team contacted for this piece stated that the Beras camp continually delayed or deferred multiple requests to provide documentation concerning his identification.
3. By submitting a contract to Major League Baseball, the Rangers are saying he is 17 years old and therefore eligible to sign, and there are multiple sources indicating there is official documentation indicating a date of birth of December 25, 1994. That would make the contract valid. Unfortunately, we also get into the reality of the Dominican Republic, which is in many ways a third-world country with third-world record keeping. It is common practice there for birth certificates to be bought, sold, and falsified. Beras's background is one of extreme poverty—even for his home country—as multiple sources also indicated that Beras's birth was not registered with the government until he was approximately one year old. This is actually quite common in the Dominican Republic, where many home births are never officially accounted for.
Questions That Remain
1. Did Beras ever submit paperwork to Major League Baseball? According to Passan's article, Major League Baseball is in possession of a birth certificate that states the 1995 date of birth. Still, his inability or unwillingness to provide documentation to teams is troubling, and he was not required to submit paperwork to Major League Baseball for the purpose of July 2 eligibility until March 1, which is oddly just one day after the signing was announced.
2. If Beras is truly 17, why would he claim to be 16? While the answer might seem obvious, in this year's market, it's far more complicated. If Beras was eligible to sign before the new CBA rules went into effect, he would be in line for a far bigger bonus than if he was July 2 eligible, and his $4.5 million deal well exceeds the $2.9 million international spending cap that will go into effect with the July 2 signing period. So why even claim to be 16? Why not live in what has been a very expensive final year of free-market economics, as opposed to passing yourself off as a market-limited player? It's possible that he simply did not know how old he was; again, this might seem nonsensical, but it does happen in the Dominican Republic. It's also possible that once he was discovered to be 17, the Rangers made a take-it-or-leave-it offer—and a genuinely good one—to avoid a bidding war. Such offers are also common, and if the Rangers found out he was 17, the onus is not on them to share that information, either with other teams or with Major League baseball. An article written about Beras in a Nicaraguan newspaper calls the player 17 years old in November of last year, which has left one international scouting director wondering if 1994 is even the correct year of birth.
3. What happens from here? No matter how the limited facts in this case are interpreted at this point, nearly every interpretation ends with what would be referred to legally as deception. If the player presented himself to be 16 years old—and such a birth certificate submitted to Major League Baseball would be the smoking gun—then the player has misrepresented his age. If Major League Baseball agrees, then his contract with Texas would be voided, and the player would likely be suspended from signing for a period of one year.
As with everything in international signings, there are potential loopholes, as the official rules state that a player cannot misrepresent his age when signing with a club. Under the strictest of definitions, if Beras is truly 17, he did not lie about his age upon signing, but the rule is to be interpreted by Major League Baseball, which must already be horribly embarrassed by the entire situation. Beras was the big name in this year's international class, and Beras was the player everybody wanted to watch in this showcase for a league that MLB itself has funded and is very proud of.
Unfortunately, the Dominican Republic has seen corruption at multiple levels in the past, from buscones to scouts to the major league baseball investigators themselves. Nothing about this deal looks good for baseball, and nothing about this deal looks like it will stick for the Rangers or the player, and in the end, the person who will pay the steepest price is probably Jairo Beras, who deserves and can afford it least.
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The KEY MOMENT is what the situation was WHEN he signed the contract with the Rangers. If he was 16 when he signed, the contract is void. If he was 17, it'll be hard to legally backup negating the contract.
In previous instances where he had to present a birth certificate, there was probably no penalty to lying about it, both because of the wording of the document might have designated no penalty for lying, and the fact that he was a minor and thus not liable.
Sounds to me like the kid wanted to be a Ranger, or wwhile other teams were napping, the Rangers did their due diligence, and found out the kid was either mistaken or lying about his dob, and made a last minute offer.
I also think the MLB rule you cite won't come into play here. No matter how embarrassing it may be, there is no way it could be argued that Beras misrepresented his age to Texas at the time of his signing. Proof that Texas was told his correct age lies in the fact that they signed him now, instead of after July 2, right?
Finally, agree wholeheartedly that he was after the best deal. There's no reason to think that he didn't tell *each* of his serious suitors his real age once it became in his interest to do so. That he didn't announce it publicly, or inform MLB directly, suggests that he realized there might still be reason to keep mum on the subject. Namely, if it appeared from his negotiations with Texas and any other serious suitors that he was not going to receive a deal of more than $2.9 million anyway, then why admit to the lie?
I don't think the rule I cited will come into player either, but it's out there, and I wanted to share. I could have written 3,000 words on this, but there are plenty of aspects that I have heard, and in many cases believe, but I do not have enough confirmation or sources to responsibly report.
What are the penalties for filing a false birth certificate in his situation, i.e. attending some baseball prospect event? IF the MLB noted to the scouts that they hadn't confirmed the birth dates, that implies it wasn't that big a deal to the MLB at that time.
I suspect that prior to this J2 deadline, the MLB has no designated penalties regarding false dobs until a player actually signs. The J2 deaadline changed that obviously, but you can't grandfather the rules of a new agreement prior to the deadline. Tht is what deadlines are for.
To believe it implies it 'wasn't a big deal' is not true. Players submitted paperwork to play in the event, but these investigations take a long time, and there was no way they could be completed before the event. MLB absolutely cares at every moment about a player's true identity, and this situation shows why.
Your suspect is also wrong. While I stated that rule, it's hardly the only time false identities are mentioned in the rules. If he submitted a false birth certificate, the situation is trouble.
I'd think that the Rangers believe there is sufficient documentation about his age to support the immigration documents he'll need, and if the U.S. State Department accepts a birth certificate with a 1994 (or earlier) date on it, presumably MLB would as well.
The only reason any of us know our age is because people tell us how old we are, or official records tell us how old we are. Mess with that, and who knows?
Would a team give its entire allotment to one player?
Just seems like lying only really has downside for the player. Even if the Rangers were 90% sure the document they received was false, why not make the deal and just see what happens.
If MLB rejects the contract, Beras has an easy way to prove his damages. All he has to show is that MLB mis-applied its own rule. And looking at the language, it is clear he did not misrepresent his age when he signed.
As for "misrepresenting" his age before? If your parents/guardian/buscone gave you a birth certificate showing you to be born in 1995, are you going to question it? How many of you remember the day you were born? In fact, without our record-keeping society, no one would truly know the day they were born - just what they were told. Plus, he has an easy defense for the new 1994 DOB - when he was documenting the 1995 date for the March 1 deadline, that's when he found that the 1995 date was wrong.
So, unless you think he forged the 1995 birth certificate himself, then all he has to say is that this was the document he was given and he had no reason to doubt it until recently.
So if you can't prove he knowingly deceived MLB and if he didn't misrepresent his age the day he signed, then any lawyer worth half his salt will have a field day in court (especially in Texas) representing a 17 y.o. minor against a billion dollar business that just cost his client $1.6+MM.
In the end, this is a one-time deal due to the change in bonus structure in the CBA for international signees. MLB will let this walk rather than risk a lawsuit just as they declared the 4 draftees free agents years ago when teams didn't tend offers as required.