Fausto Carmona is under arrest for using a false identity.
According to Pujols, Dominican police arrested Carmona–whose real name is apparently Roberto Hernandez Heredia–while he was leaving the American consulate after renewing his visa.
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Dionisio Soldevilla of the Associated Press reports that Carmona/Heredia is actually 31 years old, not 28 as everyone believed. That means his standout rookie season came at age 26 and could give the Indians a way to void his contract.
Sounds like Fasuto’s deal with the devil has come back to haunt him. The age difference is huge. He’s an athlete in his decline phase rather than one still in his prime.
Generally, baseball contracts are guaranteed, but what in the case of fraud? That seems to me to be beyond the pale.
He is in the option years of his contract and they did pick up his 2012 option based on his past years performance (even if he was 3 years older).
For past years previously paid, they do have a good case in civil court.
Can we really trust the ages of any DR or Latin American player, even post 2001? Unlike what most people think, the fraud is to pass themselves off as players who are younger than they really are (and not older to get an earlier contract).
This probably means he misses the 2012 season. Visa is invalid and he may not be able to get a new one, and least not under Fausto Carmonas name.
So Fausto C. Carmona is neither Fausto nor C. nor Carmona
Rob>> In general, contracts can be voided in cases of fraud, especially if it involves a material matter. For athletes, age is a material matter as we can expect this guy to decline more rapidly. Plus, he may be spending the season in jail, or not have the US accept his visa based upon past criminal action (the false identity.)
Or the Indians could try a new, cheaper contract as he can pitch in the majors.
Maybe not related but Monteros physical being held up due to visa/pp issues
http://msn.foxsports.com/mlb/story/Jesus-Montero-New-York-Yankees-Seattle-Mariners-trade-visa-issue-011912
What a shocker if his case is anything like Carmonas (trade not official pending physical)_
Release him, refuse to pay his salary on grounds of fraud, and let the union file a grievance if they’re inclined to. At 31, there’s no real reason to think that a better season is forthcoming in his future.
If I were the Indians, I’d definitely tell his agent that there’s two choices here — Either be sued for fraud, or sit down with us & rework the contract along the new/real expectations of the player’s playing ability in the next few years. I wouldn’t pay a 32 yr old pitcher the amount I’d pay a 29 yr old who I expected a little more out of. That’d be bad business, and Cleveland’s a small market club… they can’t be throwing money away like the Yankees.
I think the fraud case for the past is not very tenable. It would be hard for the Indians to claim that did not receive the perfomance (and value) bargained for. (In fact, they may have gotten more of his prime years than bargained for, but that isn’t the issue.) If he was under contact for several years going forward, I have little doubt they could successfully seek to get that contract voided.
Obviously if Carmona can’t get his visa worked out and can’t enter the country, the Indians would be off the hook for the coming year, and free not to pick up any further options.