Wander Franco Legal and MLB Implications of Criminal Charges

Tampa Bay Rays shortstop Wander Franco was charged Tuesday in the Dominican Republic with sexual abuse and sexual exploitation against a 14-year-old girl, as well as illicit migrant smuggling and human trafficking.

Franco has been under investigation for possible sexual relations with women (girls) who are under the age of 18, the legal age of consent in the Dominican Republic. A person younger than the age of consent cannot legally consent. Franco, who has denied the allegations, was arrested in January for failing to comply with a summons. Tuesday’s statement by the Ministerio Público also indicates a money laundering charge has been brought against the 14-year-old’s mother stemming from the same investigation.

Franco’s U.S.-based attorney, Jay Reisinger, said in a phone interview that he is reviewing the legal documents and “it would be premature to comment” at this time.

Last August, MLB placed Franco on administrative leave under the MLB-MLBPA Joint Domestic Violence, Sexual Assault and Child Abuse Policy. Administrative leave separates the player from his team but the player is still paid and still accrues service time. Three years ago, the Rays signed Franco to an 11-year, $182 million contract. The Rays placed Franco on MLB’s restricted list Tuesday afternoon in a move that relieves the team of paying him.

Franco, 23, faces at least five major areas of legal concern.

The first, and most impactful, is how Franco will defend himself in court. Under Dominican Republic law, Franco could reportedly face up to 20 years in prison if convicted. Even a plea deal could require him to serve some time behind bars. The criminal law aspects of his situation are life-altering and threaten his freedom.

Second, a conviction or plea deal in the Dominican Republic would endanger Franco’s ability to enter and work in the United States. A criminal record, particularly for a serious offense that carries a prison sentence, is a barrier to obtaining a visa to travel and work. A foreign national with a criminal record can seek a waiver of inadmissibility from the Department of Homeland Security, but Franco’s legal situation will undoubtedly carry implications for his immigration status and his eligibility for U.S. employment.

Third, MLB could suspend Franco under the joint policy. The league enjoys substantial discretion in assessing if a player engaged in a prohibited act, including the types of sexual offenses Franco allegedly committed. MLB, which is still investigating Franco, is not required to wait for a conviction or plea deal. To that point, the league’s determination is not whether Franco broke a law but whether he violated employment obligations established in a collectively bargained workplace policy. Franco would have the right to appeal a suspension and contend, based on available evidence and testimony, MLB lacks “just cause” to find him at fault and suspend him for a particular length.

Fourth, the Rays could try to void Franco’s contract. Franco would not be paid while suspended, but the Rays could try to terminate a deal that won’t expire until 2032. The uniform player contract obligates players to “pledge himself to the American public and to the Club” that he will “conform to high standards of personal conduct, fair play and good sportsmanship.” Franco is accused of acts that would unquestionably betray that language.

But at this point, Franco is accused, not convicted, of wrongdoing. The Rays could wait for a conviction or plea deal to strengthen an argument Franco is in breach of contract. 

Historically, however, MLB teams have struggled to terminate player contracts since they are guaranteed. 

This is true even when a player is incarcerated. 

In 1987, arbitrator George Nicolau rescinded the San Diego Padres’ termination of 1983 Cy Young award-winning pitcher LaMarr Hoyt’s contract even though Hoyt was incarcerated for a crime. As Nicolau explained, Hoyt “was stopped as he walked across the Mexican/United States border” in 1986 while in possession of Valium and Propoxyphene, both of which were controlled substances. Hoyt pleaded guilty and was eventually sentenced to 45 days in jail. Once Hoyt was in jail, the Padres terminated his guaranteed contract. MLB also suspended Hoyt for the 1987 season. Hoyt contested both punishments via arbitration.

Nicolau explained his decision to reinstate Hoyt’s contract was because he felt the team had not followed all applicable procedures and “acted in haste without a careful consideration of the all the circumstances.” Nicolau also reduced Hoyt’s suspension to 60 days since “a season-long ban [was] grossly inconsistent” with precedent.

Whether the Rays enjoy more success in trying to void Franco’s contract is unclear, but it would be an unconventional move. A more likely scenario would entail the Rays and Franco negotiating a buyout where he receives some of the money he’s owed. For instance, in 2005, the Colorado Rockies and pitcher Denny Neagle agreed to a $16 million buyout of a deal worth $19.5 million after he was cited for suspicion of soliciting a prostitute. Also, if Franco is legally barred from entering the U.S., the Rays can keep him on MLB’s restricted list and he would not be paid.

Fifth, Franco stands to lose endorsement deals to the extent he still has them. Endorsement deals normally contain “morals clauses,” which allow the endorsed company to terminate the deal if the player generates controversy that harms the company’s relationship with consumers. Those clauses typically do not require a conviction or even a charge.

(This story has been updated in the third and fourth paragraphs with attorney Reisinger’s ‘decline to comment’ and the news that the Rays have place Franco on MLB’s restricted list.)