Fischer took the text as "a fucking... lawyer-speak threat."

"No, thank you," he quickly texted Gonzalez back. "Not worth it."


MLB never seemed to grasp one key fact about Fischer: He didn't give a damn about their sport. In fact, other than A-Rod and Melky Cabrera, Fischer didn't even recognize a single ballplayer's name in Bosch's records until a New Times reporter began poring through them.

Porter Fischer took records from Biogenesis after the clinic's owner, Tony Bosch, failed to repay him $4,000.
Marta Xochilt Perez
Porter Fischer took records from Biogenesis after the clinic's owner, Tony Bosch, failed to repay him $4,000.
Major League Baseball has sued Tony Bosch over allegations he sold performance-enhancing drugs to ballplayers.
Miami-Dade Police Department
Major League Baseball has sued Tony Bosch over allegations he sold performance-enhancing drugs to ballplayers.

He had only one motivation: taking down Tony Bosch, the guy he says took his money and laughed in his face. That's why Fischer was so much more receptive when the Florida Department of Health (DOH) came calling.

The health department was a strange choice to investigate Bosch. Drug Enforcement Administration agents or local cops would have been more logical, but a well-placed source told New Times the feds initially refused to take the case.

Florida's DOH, by contrast, had a very narrow issue: If Bosch was practicing medicine or compounding drugs without a license, the department could charge him. In early April, Fischer met with a DOH agent named Jerome Hill.

Fischer immediately trusted Hill. The investigator wanted only to go after Bosch. "I agreed to cooperate completely," Fischer says.

The two began meeting regularly, and Hill — who repeatedly declined to talk to New Times about his investigation — began building a case against Bosch.

Fischer provided documents, including copies of medical reports that indicated Bosch had prescribed testosterone, human growth hormone (HGH), and anabolic steroids such as Anavar, Winstrol, and MIC. Fischer had even taken Bosch's lab coat from the office, a full-length white coat with "Dr. Tony Bosch" stitched over the pocket.

But the seemingly slam-dunk case soon hit roadblocks. The first came March 24, when Fischer, at Hill's request, traveled to the Ocala storage unit where he'd kept many of the boxes of medical files. When he stopped at the Boca Tanning Club in Boca Raton at 11:30 a.m., someone broke into his car and took the files, his laptop, and his .32 Beretta, according to a Boca police report.

"I told the police right away: This is important state's evidence that was taken," Fischer says. "They thought I was crazy."

A close-out memo from the Boca PD shows a detective talked to Hill about the case and noted the New York Times reported that both A-Rod and MLB officials were allegedly buying documents from clinic employees. Hill "did not think Fischer sold files to any players," the officer wrote. On March 20, they closed the case "pending DNA or new information."

Who took the boxes? It's still a mystery to Fischer.

"Whoever did this was a professional," he says. "They followed me for hours, waited for their one opportunity, and then struck."

Worse was yet to come. About a month later, the DOH abruptly closed its case and announced Bosch would receive a citation and a $5,000 fine but no criminal charges. "[We have] referred this matter to law enforcement," Ashley Carr, a department spokeswoman, said in a statement.

Why would the health department pass on a chance at such a high-profile criminal case? Bosch couched his business as an anti-aging clinic — which makes it part of a major industry in Florida. If regulators went after Bosch for improperly distributing HGH, how many others would they have to chase down?

Whatever the reason, Fischer is still baffled at prosecutors' lack of enthusiasm. "[They] completely blew this investigation, and I gave them everything on a silver platter," he says. "I blame the fucking bureaucrats."


When the story broke late on June 4, Fischer was livid: Citing two anonymous sources, ESPN reported Tony Bosch had reached an agreement with MLB to cooperate in its investigation. In return, baseball would drop its ongoing lawsuit against the bogus doctor, indemnify him against future damages, and provide personal security.

Many questions remain. If MLB has copies of Bosch's personal notebooks and business records, it's unclear how the league obtained them. Experts also question whether Bosch's testimony combined with those records would be enough evidence to suspend players. In the past, only positive drug tests have led to suspensions.

(However, that precedent has already changed. Cesar Carrillo, a minor-leaguer in the Tigers system, was suspended 100 games in March, reportedly over his ties to Biogenesis.)

It's worth noting that a New Times reporter spent three months with Fischer's records from Biogenesis and — with no "cooperation" from Bosch or any ballplayers — verified that the records were legitimate by interviewing six former clients, all of whom confirmed the details written about them in the notebooks were accurate. MLB's investigation division — which boasts 13 full-time staffers — could do the same.

In the weeks to come, baseball will reportedly interview Bosch, review its evidence, and present its case to an arbitration panel. Most of the players named in ESPN's latest story have declined to comment: Ryan Braun told reporters that "the truth has not changed" but refused to speak further. Alex Rodriguez released a statement that he would "monitor the situation and comment when appropriate."

Where all of that leaves Porter Fischer is much less clear. He still has hundreds of pages of Biogenesis records. He's willing to help any authority that wants to pursue Tony Bosch. And if MLB would offer him the same assurances it had evidently given Bosch, he'd even be willing to cooperate.

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10 comments
shojourner
shojourner

Mr. Fischer should have sent his mom Ann Marie to collect his investment from the good doc.

Apparently, she's the one here with the full-sized nads.

Mommies rule.

Cheaters never prosper.

thereisaparty
thereisaparty

Spectacular reporting once again. Hopefully you all will be justly rewarded. 

With that said, I have a minor correction. The suspension to Cesar Carrillo does not set a new precedent for MLB suspensions, since he is a minor league player (not on the 40-man roster). Therefore, he is not covered by the MLBPA - arguably the strongest union in the nation. Concerning possible future suspensions, MLB must adhere to the procedures and penalties agreed upon in the collective bargaining agreement (CBA) and the joint drug agreement (JDA). 

jbfire
jbfire

At some point, you have to realize that Fischer stole items, sold them for profit and he thinks MLB is the bad guy? Obviously, the mirror doesn't work in his house. An attorney will have a field day with this thief.

A whistleblower is one thing, but when they steal property or documents, they too have broken the law and are no longer a credible witness.

TonyRage
TonyRage

@jbfire you fail to understand the nature of whistle-blowing.  It almost always involves stealing documents.  If not, how else do you prove the wrong-doing?

jbfire
jbfire

@TonyRageWell, actually Tony, I do understand the whistleblower act quite well.  In fact, Quinlan v. Curtis Wright Corp proved that an employee who purposely stole documents was not entitled to the whistleblower act.  The trial court correctly told the jury that plaintiff's act of taking the documents was not protected. How the employee came to have possession of, or access to, the document plays a large role in a whistleblower case. 

IF this was a true whistleblower case, Mr Fischer should have gone to a place of authority in the issue (health department, police, FDA, etc.).  Instead, he chose to sell the documents he stole to a newspaper.  That, is not a whistleblower!
 

chuck.strouse
chuck.strouse moderator editor

@premitive1 @jbfire Sorry it took me so long to get to this. No, we did not buy any documents. -- Chuck Strouse, editor-in-chief, New Times. 

premitive1
premitive1

@jbfire did he sell the New Times the documents? it is not reported

ceraunograph
ceraunograph like.author.displayName 1 Like

How about go after the real crook here, Bud Selig. His whole legacy is built on labor peace and expanded revenues. And how did he get it? He got labor peace by refusing to take a hard line on PED usage until he was called out by congress. And where did the massive revenue increase in the 90s come from? The fact that anybody and their grandpa started cranking 40 homers a year. The insane home run counts that broke record after record. And Bud Selig was the one cheering them on the whole time, actively promoting MLB as the McGuire & Sosa show. And then all of a sudden he's willing to use every slimy means he can just to cover his own ass. Between his terrible record of hypocrisy on PEDs, refusal to improve officiating, double wild-card nonsense, severe restrictions to the draft & int'l signings markets, propping up the failed ownership groups of the Mets and Marlins and now being subject to a major anti-trust lawsuit over his endless A's foot dragging, history is not going to be very kind to 'ole Bud. The sooner he gets shown the door, the better for the whole sport of baseball.

idahoemickey
idahoemickey

This guy sounds slimier than Bosch. They'll have no case after they interview these two clowns.

 
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