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May 27, 2026 9 mins

Attorney Stuart W. Penrose of Minnillo Law Group joins us every week to discuss sports and the law. Why do some big leaguers, including Elly Da La Cruz, have to fork over ten percent of their career earnings to an investment firm? Why is one player not serving time in prison despite being found criminally responsible for sexual assault? Why is one NFL player in prison for smoking weed? 

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Episode Transcript

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Speaker 1 (00:00):
Rydamond and Jones on Baseball is just about fifteen minutes away.
On Tuesdays, we talked sports legal issues with our sports
legal analyst, Attorney Stuart W. Penrose from the Manilo Law Group,
and a lot to discuss, starting with a case that
has at least a slight connection to Ellie Dela Cruz. Stuart,

(00:22):
how we.

Speaker 2 (00:22):
Don't I'm doing great, mom about yourself.

Speaker 1 (00:26):
I'm doing well. I'm doing really well. So I read
this story about Fernando Tatis who had his lawsuit against
an investment company thrown out dismissed. This was an investment
company that he signed with nearly a decade ago, and
they gave him basically an advance, and in exchange, he's
going to have to give this company a percentage of

(00:48):
his career earnings ten percent over his career. And I
guess Elie Dela Cruz has also signed with this group.
So can you explain to me how and why he
was trying to get out of his original deal and
ultimately what his case was and why it got dismissed?

Speaker 2 (01:05):
Yes, I mean effectively. Mod you know that these aren't
loans that the players are taking out. I mean effectively
they're essentially accepting venture capital money. You know, these companies
are making an investment, you know, in the minor league player,
you know, in the hopes that that you know is
going to take off and they'll get a win fall,
just like they are with Titis here and you know,
presumably will with with Eli and some others as well.

(01:29):
You know too. Tatis was trying to say that you
that he was taking advantage of that he didn't quite
understand what he was getting in that this is completely lopsided.
Those probably were some arguments made that this was a
you know, a predatory loan or a you know, illegal
loan under California law. But the court, the court held
it as a valid contract, and you know, seems that

(01:51):
there's you know, good precedence set for those that already
have those particular types of contracts.

Speaker 1 (01:57):
Yeah, it couldn't have helped his case that there's a
long list of players, reportedly including Ellie Della Cruz, who
have signed these deals, knew what they were getting involved
with when they sign these deals and haven't tried to
back out. Right, right, all right, I want to go ahead,
go ahead, no go ahehead, So, but I mean it

(02:17):
would it would help, It would help this company's case
that you have a long list of players who haven't
tried to back out.

Speaker 2 (02:24):
You've got a long list of players. Clearly they know
what they're doing. Because they've been able to recruit so
many players to use their services and take their advances,
you would think that they would have very well written contracts.

Speaker 1 (02:37):
I want to ask you about Brian Flores, the former
Miami Dolphins head coach who has a discrimination lawsuit against
the NFL that I feel like we've been reading about
for years. He and his attorneys have requested access to
over two decades worth of hiring and employment documents from
like twenty five different NFL teams. The league doesn't like this.

(02:58):
In a memo to the oral judge overseeing the case,
lawyers representing the league and three NFL teams accuse Brian
Flores of filing punishingly overbroad discovery requests from their clients
and twenty five non party clubs. Can you explain what
Brian Flores and his representation are trying to do?

Speaker 2 (03:17):
Sure? I mean, if you're Brian flora is you're trying to,
you know, prove that there's some you know, long running conspiracy.
That's you know, preventing minorities from being you know, hired
for positions in the NFL that they're qualified for and
you know, and should be getting. And he's trying to
get evidence to prove that. You know, if you're the defense,
you're you're you're arguing that, Hey, this is an extremely

(03:40):
overly broad discovery request. I mean, just the manpower and
the time it would take to pull all of that
for you know, who knows how many teams they're asking for. Uh,
it's quite tremendous. I mean, it's it's a very lengthy
discovery request to say the least. That's why it's going
to go to a judge to to flush this out.
But you know, I can see both sides. He needs

(04:01):
his evidence in order to you know, bring forward his
allegations that bring forward his case. And you know, I'm
sure they don't want certain things to come out, certainly,
but yes, just the manpower and time and expense that
it would take to fulfill such a request is overwhelming.

Speaker 1 (04:18):
Yeah. I was just trying to think of you know,
we're talking like twenty four, twenty five years that's being
requested here by twenty five teams that request doesn't get
fulfilled in a couple of weeks.

Speaker 2 (04:30):
No, certainly not. And this case has been going on
for years at this point, so you know, if you're
refilling quests like that, it could be going on for
some years more.

Speaker 1 (04:39):
Moth Attorney's store. W. Penrose from the Manila Law Group
is with us all right. An athlete in trouble here
Kansas City Wide receiver Rashid Rice, who is currently serving
a month in jail after testing positive for marijuana. This
in violation of the terms of his probation for his
role in the crash that left multiple people injured in

(05:00):
Dallas two years ago. I think there's a lot of
folks who don't necessarily understand, like what what exactly a
probation violation is what falls under that umbrella, And so
I'll ask him to sort of walk through that for me.
As on top of that, what other punishments he'd be
subject to if he keeps violating the terms of his probation?

Speaker 2 (05:22):
Sure, I mean a probation violation. When you're put on probation,
you have a you know, a certain set of conditions
that you have to uh to uphold in order to
stay stay positive and on tracked on probation to maintain
your freedom. Typically you have your your suspended sentinating above
your head. You know, the judge will you know, send
and shoot to you know, however a length of term

(05:42):
in the local jail or in prison, and to spend that,
you know, so long as you're as you're compliant with
your probation. You know. Certainly for him, clearly not smoking
marijuana was a part of his part of his probation.
I'm not sure if it's legal in that state or not,
but he's not allowed to do it on his probation,
and you know, he violated it and he's getting the

(06:03):
suspended sentence. So that's that's what's happening there. You don't
always get the suspended sense. If you have a probation violation,
you can get you know, other factors. Your probation could
be extended, you could have certain restrictions. It doesn't always
end up with somebody being locked up, but it isn't
his case.

Speaker 1 (06:23):
It also seems like like a third degree felony that's
an awful light original sentence.

Speaker 2 (06:29):
Now it depends on a lot of factors. I mean,
you go to the Camilton County Court of Common please
and sit in me those judges courtrooms. Every day you'll
see people sentence for it, for various felonies, and a
lot of these folks'll be put on probation. You know,
not everything rises to the level of going to prison.
Certainly they're going to look at the factors of an individual.

(06:51):
Is this somebody who has a sick criminal history, Well,
that person's gonna have a shorter leash and be more
likely to be sent than somebody who has no criminal
or has never committed a felony, or perhaps it's not
an act of violence. I understand how things can look
on paper and say, how did this person not get
locked up? But there's often so much more that goes

(07:13):
into it than than me SI.

Speaker 1 (07:15):
Attorney store Tubedd Penrose from the Manila Law Group. One more,
and typically the cases we talk about unfold in courtrooms
in the United States. This one involves the legal system
in the Dominican Republic. Wander Franco, who for a while
was one of baseball's rising stars for the Tampa Bay Rays.
He has been found criminally responsible and this case has

(07:36):
been unfolding for a while now. He has been found
criminally responsible in the Dominican Republic for psychological and sexual
abuse of a minor. That sounds like the sort of
thing that would carry with it regardless of where the
case was held, that would carry with its significant jail time.
In Wander Franco's case, this will require no jail time. No,

(07:57):
obviously this is a Dominican court case. But do you
have any insight into how something like this, whether it's
in the d R or in the US, would involve
no jail time being served.

Speaker 2 (08:11):
I can't think of any reason why why I would
require no jail time being served. I mean, certainly if
this were a case in the United States, yes, there's
gonna be mandatory minimums for something like that. That is
certainly something that you know. This this is not a
gray area. I mean, this is a you know, a
sexual assault of a miner, you know, and a miner
who is being trafficked by her mother. I mean, you
can go on line and read the allegations. They're terrible. Yes,

(08:35):
I have no idea why someone like this would not
you know, serve some bit in prison for something like that.
The optics are terrible. You got tomagine the person's major
league baseball career would be over. I mean, this is
just beyond a regular PR nightmare something like this.

Speaker 1 (08:51):
Yeah. No, I was shocked and had been following this
case to a degree because I liked him so much
as a player, and when I saw what the court decided,
I was I was significantly taken aback our guy, our
sports legal expert attorney Steward W. Penrose from the Manila
Law Group. If I end up meeting your services, Stewart,
how do we get a hold of you?

Speaker 2 (09:13):
You can call it the Manila Law Group at five
one three seven two three sixteen hundred. Personal Injury, bankruptcyes ovis.
We have offices throughout the community. Give us a call.
We can help you out at five one three seven
two three sixteen hundred, The Manila Law Group.

Speaker 1 (09:31):
Five one three seven two three sixteen hundred. He is
the best, awesome to have you as always, and uh
we'll talk next week.

Speaker 2 (09:38):
Thank you, mom,

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