Fraud Lawsuit (Red Sox Yankees Memorabilia)

Anybody can sue anybody so I don't know if this lawsuit has merit but the part I highlighted in blue below says a lot about educating yourself before a purchase and especially high end purchases like supposedly spending $50,000+ on a significant base.

I searched for the archives on MLB Auctions to see if they had the results from the bases that were sold from the 2004 Red Sox Yankees Playoff games, but could not retrieve any auction results. My recollection was that all the bases were hologram'd by MLB. I don't know if they gave "innings it was used in" and which base (1st base, 2nd base, 3rd base) it actually was. I know many bases I have give that information and some have additional information in magic marker on the bottom of the bases that have helped me in my research.

Lawyers for Grandstand Sports and its principal owners, Howard Schwartz and Seth Forrest, deny the allegations.


http://www.sunchronicle.com/articles...news/news3.txt



So, how much of a steal was this base?

BY STAFF AND WIRE REPORTS
Sunday, August 5, 2007 1:50 AM EDT

FOXBORO - Alex Rodriguez likely wishes everyone would just forget the time back in the 2004 American League Championship Series when he deployed a slightly effeminate twist of his wrist to knock the ball out of Red Sox pitcher Bronson Arroyo's glove.

But, unfortunately for the Yankees' third baseman, who on Saturday became the youngest player in history to reach the 500-home-run milestone, the bizarre incident is back in the news now that a wealthy Foxboro businessman, Todd Patkin, is suing a New York memorabilia dealer over it.


Patkin's lawyers claim that Grandstand Sports & Memorabilia Inc. ripped Patkin off to the tune of more than $100,000 over three years by selling him a pile of fraudulent sports memorabilia - including a base that they said was the one Rodriguez was aiming for when he slapped Arroyo's glove.

The suit says Patkin, who co-owns Autopart International, paid more than $50,000 for the base, which his lawyers say was not the one involved in the famous A-Rod-Arroyo dust-up.

Lawyers for Grandstand Sports and its principal owners, Howard Schwartz and Seth Forrest, deny the allegations.

The lawsuit explains that Patkin had no experience with collecting sports memorabilia before he began to buy from Grandstand in the summer of 2004. No one answered the phone at Patkin's residence late Saturday.

Schwartz, the founder of Grandstand, has become prominent in the memorabilia world, according to the company's Web site - appearing, for example, on the television program "CBS MarketWatch Weekend."

During the show, the Web site goes on to explain, "Mr. Schwartz, an expert on memorabilia authenticity, gave tips on how to protect yourself from fraud."



TED NESI can be reached at 508-236-0434 or at tnesi@thesunchronicle.com.

A picture says 1,000 words:

http://cache.gettyimages.com/xc/5150...C25671240F31B6

Wasn't that base (supposidly by A-Rod during the "slap") on eBay just a few months ago? I remember seeing it, can't remember the price though but it was expensive.

“The lawsuit explains that Patkin had no experience with collecting sports memorabilia before he began to buy from Grandstand in the summer of 2004. No one answered the phone at Patkin's residence late Saturday”.



It’s been awhile for me but I think I see where the defendant’s argument may be going. Because the buyer had no experience in the field of sports memorabilia, the buyer depended on or “trusted” the seller’s to lead him down the right tract. The buyer now feels that the seller betrayed the buyer’s “trust” and bam, lawsuit time. Again, it’s been awhile for me but I think it’s called a fiduciary agreement and will certainly be a key part of the constructive fraud case.

It will be real interesting to see where this case goes.


Jim

Quote:

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Originally Posted by kylehess10

Wasn't that base (supposidly by A-Rod during the "slap") on eBay just a few months ago? I remember seeing it, can't remember the price though but it was expensive.

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I read this some time ago, and found it again on Google. It doesn't say where they acquired the base from, however.


http://www.lowellspinners.com/news_firstbase.html

LOWELL, MA – The Lowell Spinners, Class A Affiliate of the Boston Red Sox, hope a piece of Red Sox history will help them out at first base this year.

The Spinners, whose season begins on June 19, will use the actual first base from Game 6 of the 2004 American League Championship Series against the Yankees – the location of The Infamous Alex Rodriguez Slap play – as their first base all season long, thanks to sponsor Electrical Wholesalers.

It was a seminal moment in Red Sox history and the last gasp of a rally threatened by the Yankees en route to the first Red Sox World Championship in 86 years. After grounding a ball to Bronson Arroyo, Rodriguez slapped the ball loose during the ensuing tag at first base.

The Infamous Slap at first base almost shifted momentum back in New York’s favor. Derek Jeter scored from first and A-Rod ended up on second base before the umpires huddled to eventually call Rodriguez out and return Jeter to first base.

Now the first base is back in Red Sox Nation and will be used in-game as the official first base during Spinners games.

“The Slap was a defining moment of the ALCS,” said Vice President/General Manager Tim Bawmann. “It’s a privilege for the Lowell Spinners to present this piece of Red Sox history to our fans as an interactive exhibit during Spinners games.”

Asked if the team was worried about using such a valuable item on the field, Bawmann quipped, “As every baseball fan knows, you can’t steal first base.”

Game 6 featured not only The Slap, but also Curt Schilling’s famous Bloody Sock. And at the time of The Slap, the umpires had already overturned a call in Boston’s favor, ruling correctly that Mark Bellhorn hit a fourth-inning home run after a fan dropped the ball onto the playing field.

The acquisition and use of this first base is another piece of the Spinners Yankees Elimination Promotion (Y.E.P.). For two consecutive years the Spinners have donated jerseys and hats to local youth baseball and softball leagues willing to change their Yankees team to the Spinners. In total, the Spinners have donated over $40,000 of equipment through the Y.E.P. program.

Great post. It would be interesting if Kyle was correct and it was recently purchased and then given to the Spinners. Look at the date of the Spinner's Media Release:

MEDIA RELEASE

FOR IMMEDIATE RELEASE
June 5, 2007


This is totally speculation on my part, but you have to wonder if Patkin caught wind of this on June 5th 2007 of this base revelation and then the light goes off that maybe he doesn't have what he thought he had.

I remember asking the seller a question (can't remember what I asked) and he replied so I'll try to find that old e-mail and get a link to the auction.

Found it! The e-mail address of the seller was joe@signedautographs.com but I do not know his eBay ID. I sent him an e-mail asking how he knew the base was the actual one during that inning when A-Rod made the slap (since they use more than 1 base) and he replied saying:
"

There were only two sets used for that game, switching in the 5th inning
Arroyo happened in the 8th inning...AND the MLB authentication says SET 2.

Thank you,
Joe"

He sent me the e-mail on November 3,2006. eBay item number 320044767517

Quote:

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Originally Posted by kylehess10

There were only two sets used for that game, switching in the 5th inning

Arroyo happened in the 8th inning...AND the MLB authentication says SET 2.

Thank you,
Joe"

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Kyle - Great job. Do you remember if his was the 1st base or one of the other bases from the Set 2 of that game?

Also, I am also going to send Joe an email so hopefully he responds. I wonder if he has been asked to be a witness on this case.

Andrew

Quote:

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Originally Posted by allstarsplus

Kyle - Great job. Do you remember if his was the 1st base or one of the other bases from the Set 2 of that game?

Also, I am also going to send Joe an email so hopefully he responds. I wonder if he has been asked to be a witness on this case.

Andrew

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The auction was for the first base

Rule #1 for newbie collectors 101: If you don't know anything about what you are collecting, don't spend $50,000. Spend $5. That way the worst that happens is you're out $5.

Any updates on this story? What is the status of the case besides the below?

http://dockets.justia.com/search?q=Howard+Schwartz