A majority of first round selections are still waiting on that magic number before they sign an agreement to play professionally.  12 players have signed…20 to go.  The last player to sign was Jared Mitchell (CAA client).  Undoubtedly, not every player will sign, but you can expect a lot of deals to get done with hours or minutes left before the actual deadline.

The draft is 50 rounds long and not ALL about the first round.  Many players outside of the first round have not yet signed, either.  For instance, 6 of the 17 first round supplemental picks are still waiting to hear a number they like (Paxton, Davis, Skaggs, Owings, Boxberger, and Scheppers).

First Round Picks

1. Nationals. Stephen Strasburg, rhp Boras Corp. Unsigned. Boras wants $50 million.
2. Mariners. Dustin Ackley, of Boras Corp. Unsigned. Boras wants roughly $9.5 million.
3. Padres. Donavan Tate, of Boras Corp. Unsigned. Boras already has enough on his hands with Strasburg and Ackley. Add Donavan, and it’s quite a party.
4. Pirates. Tony Sanchez, c ACES (Hank King & Mike Zimmerman). Signed. $2.5 million.
5. Orioles. Matt Hobgood, rhp Wasserman Media Group (Lenny Strelitz). Signed. $2.42 million.
6. Giants. Zack Wheeler, rhp Jet Sports Management. Unsigned.
7. Braves. Mike Minor, lhp Bo McKinnis. Unsigned. Jonathan Mayo believes his signing will make many other college pitchers in the first round sign.
8. Reds. Mike Leake, rhp Beverly Hills Sports Council (Dan Horwits). Unsigned. Close to a deal.
9. Tigers. Jacob Turner, rhp Boras Corp. Unsigned. Boras boy #4…also waiting it out.
10. Nationals. Drew Storen, rhp CAA. Signed. $1.6 million. Storen is tearing it up in the organization thus far. He is already with the High A Potomac Nationals, and is closing out games along with Dynasty client, Dan Leatherman.
11. Rockies. Tyler Matzek, lhp Legacy Sports Group (Greg Genske) Unsigned. Signs pointing to him going to Oregon and not signing with the Rockies.
12. Royals. Aaron Crow, rhp Hendricks Sports Management (J.D. Smart). Unsigned. Doesn’t have to sign by August 17.
13. Athletics. Grant Green, ss Boras Corp. Unsigned. The fifth Boras superhero.
14. Rangers. Matt Purke, lhp Select Sports Group (Peter Vescovo). Unsigned.
15. Indians. Alex White, rhp Career Sports (Keith Grunewald). Unsigned.
16. Diamondbacks. Bobby Borchering, 3b SFX (Troy Caradonna). Unsigned.
17. Diamondbacks. A.J. Pollock, of Icon Sports Management (Rob Martin). Signed. $1.4 million
18. Marlins. Chad James, lhp Icon Sports Management (Rob Martin). Unsigned.
19. Cardinals. Shelby Miller, rhp Select Sports Group (Peter Vescovo). Unsigned.
20. Blue Jays. Stephen Jenkins, rhp ACES (Hank King & Brandon O’Hearn). Unsigned.
21. Astros. Jiovanni Mier, ss Legacy Sports Group (Greg Genske). Signed. $1.358 million
22. Twins. Kyle Gibson, rhp Randy Rowley. Unsigned. Stalling because of injury issues.
23. White Sox. Jared Mitchell, of CAA. Signed. $1.2 million
24. Angels. Randal Grichuk, of SFX (Tom Little). Signed. $1.242 million
25. Angels. Mike Trout, of Landis/Seal/Ware. Signed. $1.215 million
26. Brewers. Eric Arnett, rhp Sterling Sports Management (Joe Speed). Signed. $1.197 million
27. Mariners. Nick Franklin, ss SportsMeter (David Meter). Unsigned.
28. Red Sox. Reymond Fuentes, of MDR Sports Management (Melvin Roman). Signed. $1.134 million
29. Yankees. Slade Heathcott, of Frontline Athlete Management (Darek Braunecker). Unsigned.
30. Rays. LeVon Washington, 2b Boras Corp. Unsigned. Boras kid #6…also waiting it out.
31. Cubs. Brett Jackson, of CAA. Signed. $972,000. All 3 CAA drafted players have signed. Now if only they struck a deal with the New Orleans Saints for Malcolm Jenkins.
32. Rockies. Tim Wheeler, of Frontline Athlete Management (Jim Lindell). Signed. $900,000.

For links to many of the agencies listed, please check out our Agencies Database.

On June 1, I received an email from a source who wished to remain anonymous concerning the Andy Oliver affair (previously unpublished):

Andy Oliver’s family had an agent (Rob Martin-Icon Sports) advising them while Andy was in high school leading up to the point he was drafted. His family recently started getting advice from a different agent (Boras) and it ticked the first group off because it became apparent they would not get his signature on a dotted line after his junior year(next year). The first agent firm decided to get even and billed the Oliver’s $90,000 for 300 plus hours of advice. The family told them to shove it because advice is free and that is how all agents get business. In this case the agent firm decided to get real scummy and turned in an allegation to the NCAA in which they alleged Andy accepted small items of value from them.

I could not get another couple of sources to back up this information, so I let it go until the night of June 2, when I published the story referenced in the beginning of this post.  I was concerned about the accuracy of the names and amounts listed.  My anonymous source followed up with me and gave me this information:

It looks like the entire story is true except that Rob Martin and his agency was falsely accused of being the agent in question.  Looks like Martin had nothing to do with it, but what happened to Oliver in regards to an agent was absolutely true.

My telephone conversation with Robert Barrata, former advisor of Andy Oliver, corroborated this information.  I was told that Rob Martin and Icon Sports had nothing to do with the situation, so I left it out of my story: Let Andy Play.  The only other discrepancy was the $90,000 mentioned by my inside source.  It appears that Barrata is trying to recoup $113,000 instead.

The latest development in the ongoing saga is that Andy Oliver and his team of attorneys have filed a Complaint against Robert Barrata, his brother, the Barrata Partners company, Rob Martin, Brian Goldberg, Icon Sports, and the NCAA.  Quite a list.  Since then, many publications have decided to cover the pending lawsuit, including SBJ and Sports Law Blog, while I remained on the outside, taking notes.  I believe that is now time to tackle the growth of the Andy Oliver Affair.

Here is the juice of Liz Mullen’s SBJ article,

The lawsuit alleges breach of contract and tortious interference with Oliver’s contract with OSU by the NCAA. The lawsuit alleges the NCAA never gave Oliver due process before suspending him; failed to take into account Oliver’s defenses to charges never presented to him; failed to complete its investigation before suspending him; and used Oliver’s attorney-client privileged information, that was illegally obtained, against him. The lawsuit also alleges breach of contract, constructive fraud, negligence and defamation against Oliver’s former advisors – Baratta and his partner and brother Tim Baratta — and their company, Baratta Partners.

Interesting that Rob Martin, Brian Goldberg, and Icon Sports continue to go unmentioned by the media in this whole dilemma.  Is the lawsuit frivolous?  Should we be expecting a counterclaim by the Defendants (at least the Baratta brothers)?

Here are the sections of the Complaint that I find to be interesting:

13. Sometime in late January or early Februrary 2006, the Plaintiff [Oliver] terminated Sosnick Cobbe Sports as his sports advisors, and he then retained the Defendants RMB, TB & Icon Sports as his sports advisors and attorneys.

It probably won’t play in the actual case, but there seems to be a consistency in switching advisors going on in the Oliver household.  To go through three different companies before even signing with an MLB organization makes me wonder a little bit about Andy’s allegiances.  Matt Sosnick seems like a good guy.  I wonder why the switch from him to Icon Sports/Baratta in the first place.

21. At that initial meeting, the Defendants RMB [Robert Baratta] & TB [Robert's brother]…told the Plaintiff and his father that they would charge three (3%) of any baseball contract entered into by the Plaintiff, and twenty-five (25%) of any endorsement contact entered into by the Plaintiff.

Sure, no legal contract existed based on the Ohio Statute of Frauds, which requires such a statement to be in writing, even though NCAA rules does not allow such an arrangement.  Sounds like a Catch-22, right?  Sure is!  In addition, 3% seems low and 25% seems high.  I always advise potential clients to be wary when they hear a baseball agent/advisor offering his services for less than 5%: the industry standard.  I believe that when you pay less than the norm, you should expect less than the norm in return.  Additionally, 25% is on the higher end when it comes to endorsement commissions.

22. Thereafter in 2006, the Defendants RMB, TB & Icon Sports did nothing for the Plaintiff over the next several months other than providing him information they had prepared for themselves, drafting a letter for the Plaintiff’s father to send to Sosnick Cobbe Sports, checking in by telephone…

Wait…rewind for a second.  Drafting a letter for the Plaintiff’s father to send to Sosnick Cobbe Sports?  The Barattas have charged that Boras violated NCAA rules by drafting a letter on Andy’s behalf because it was a material benefit.  If that is the case, then wouldn’t the Barattas have provided the same material benefit to Andy when they sent a letter to Sosnick Cobbe Sports terminating Oliver’s relationship with the company?

28. …At no time up until they were terminated did the Defendants RMB, TB, B&B & Icon Sports send the Plaintiff an invoice for any claimed services performed for the simple fact that no services of any value were ever performed at any time.

It is obviously debatable whether any services of value were ever performed, but isn’t it quite odd that no invoices were sent to the Oliver family until the Barattas were dismissed?  Maybe it is proper procedure for the Barattas, but it seems a little odd.  Invoices did not have to be sent to the family every month, but one would think that at least once during the advisor/athlete relationship a request for payment would be made.

39.  However, nowhere in the Defendant NCAA’s bylaws, regulations, or rules on amateurism do they require such payments to be made sports advisors, and the aforementioned October 2, 2007 Memo is both not a correct statement of its bylaws, regulations, or rules, as well as not a part of the Plaintiff’s contract with OSU or the Defendant NCAA, because the same was never given to him, and he never signed or agreed to be bound by the same.

Yeah…that could be the dealbreaker (notice the red type).  If Andy was never given the October 2, 2007 Memorandum from the NCAA, then how could he be bound by it?  Baratta believes that a clause within the memo guarantees the right to receive payment for being Andy’s advisor, but the end of the document has a signature line.  If Andy did not sign the form, let alone ever see it and remain in possession of it, then Baratta may be out of luck.

There is also a mention of breaching attorney-client privilege…but I am not sure if that will hold up.  Now onto the NCAA attacks…

The main beef that Andy’s attorneys have with the NCAA is the lack of procedural due process in the whole affair.  Andy was suspended before a full investigation, had no immediate right to appeal, and thus was held out of competing with his team for a chance to reach the College World Series.

Additionally, Andy’s attorneys assume, based on communications with OSU, that the NCAA was using apparent violations from when he was deciding whether to sign with Minnesota or enroll in college.

It is not my job to make predictions; it is only my intention to state the facts and lend my opinions on the matter.  Personally, I believe that this will all be settled, as most cases tend to be, prior to any sort of formal judgment.  There are some powerful and interesting claims made by Andy’s attorneys against the NCAA, but one must always look at the parties before getting too excited.  The NCAA is GIGANTIC.  It will take a lot more than Andy Oliver to bring that body down a notch.  As for Baratta, who knows.  There are plenty of counts where Andy’s team asks for over $25,000 a pop.

Some final notes:

• Oliver’s attorney, Richard Johnson, tells me that they will be filing an amended Complaint to add OSU as a Defendant in addition to the previously named parties.
• The first item of business for Oliver and his attorneys is to get him reinstated and eligible to participate in intercollegiate athletics before the beginning of Andy’s Junior season.

I leave you with my favorite part of the Complaint.  It comes from a part of Icon Sports Management’s home page that was advertised to potential clients.  I have highlighted the icing on the cookie cake in red.  Enjoy.

Oklahoma State LHP, Andrew Oliver, is a stud on the mound. In 2006, he was drafted in the 17th round by the Minnesota Twins. He declined joining the Twins organization and instead helped his OSU team break the top 25 college teams in the nation this year with his arm and his heart. In fact, the Sophomore was named Big 12 Player of the Week back in April, after pitching a complete game three-hitter. He was later named to the first-team All-Big 12. This would be the type of guy that a manager wants pitching in an important game that could decide the school’s season. Unfortunately, on May 31, against a strong Wichita State team looking to advance in the CWS, OSU coach Frank Anderson did not have Andy as an option. All because Oliver spoke to someone claiming to be an agent?

The Oklahoma State Cowboys lost the Saturday night game to Wichita State. The result may have been different had the baseball been in Andy Oliver’s left hand. Andy was labeled indefinitely ineligible to perform for the rest of the season, which included yesterday’s day game against TCU and the night match-up against same team from Saturday, Wichita State. OSU won a thriller against TCU, but fell to Wichita State. The team’s season is over…but why?

The whole issue is over whether Andy Oliver had an adviser or an agent. Time to go old-school and reference a post that I wrote back in August of 2006: Agent or Advisor?

Section 12.3.4 of the NCAA Bylaws explicitly allows for adviser panels to exist. Importantly, it states that an adviser can review a proposed professional contract, help in securing tryouts with teams, and even assist a student-athlete with the selection of an agent.

Main benefit of being labeled as an adviser: Your friend (client) can maintain NCAA eligibility – this allows a player considering leaving college early for the pros to return to his/her college team if contract negotiations with a professional team fails. Signing with an actual agent would end friend’s (client’s) college eligibility.

Let me add an additional important item that is sent to college baseball players in a memo titled, NCAA Major League Baseball (MLB) First-Year Player Draft, Agents, and Tryouts:

Question: Am I permitted to have an adviser during this process?

Answer: Yes, provided the adviser does not market you to MLB teams. However, an adviser will be considered an agent if they contact teams on your behalf to arrange private workouts or tryouts.

The Oklahoman wonders, Did Oliver recently drop his adviser, and is this his former adviser’s way of “getting even”?

An inside source tells me that Andy Oliver’s family had an agent advising them while Andy was in high school leading up to the point he was drafted. His family recently started getting advice from a different agent and it ticked the first group off because it became apparent they would not get his signature on a dotted line after his junior year (next year). The first group decided to get even and billed the Oliver family $90,000 for 300+ hours of advice. The family told them to shove it because advice is free and that is how all agents get business. In this case the agent firm decided to get real scummy and turned in an allegation to the NCAA in which they alleged Andy accepted small items of value from them.

If the statement above is true, then yes, sleaziness has gone that far…far enough to intervene in an amateur event. When an agent sticks his nose into a situation and starts to change the landscape of amateur sports, then we as a profession have some serious reforming to do.