National and local sports law experts say Major League Baseball has plenty of precedent to harshly discipline Marge Schott in a case that could end her ownership of the Reds.
But how they use it is the question as Schott stares at
possible sanctions for the third time in five years and one that could take her near the expiration of her term as the club's managing general partner.
''I'm sure Baseball's lawyers feel very confident,'' said Paul Weiler, the Henry J. Friendly Professor of Law at Harvard University. ''It's just a matter of how the baseball owners feel about coming down on one of their own. In practice, they haven't done it very often.''
But they've done it to Schott twice. And when MLB's ruling executive council meets in Phoenix Wednesday, it figures to get an update on the game's year investigation into General Motors' allegations Schott used names of seven Reds' employees to help falsify 57 car sales.
Sources say MLB wants to resolve the issue before spring training next month, although March may be more realistic as Baseball attempts to negotiate rather than inflict.
Sources also say Schott could be brought up informally Wednesday, not as an official agenda item. The meetings were scaled back after last week's cancellation of the owners' meeting.
But no one officially confirms Schott will or won't be discussed, or if she'll be present. The silence echoes her first suspension for racial and ethnic slurs five years ago. The council deliberated in January and handed out a season-long suspension Feb. 3, 1993, two weeks before spring training.
Weiler said because the allegations involve the image of Baseball, it's doubtful a court would interfere. He said the other owners probably feel they can intervene because ''what you can't afford in an ownership-partnership like Baseball is to alienate your big customers.''
Officials won't touch speculation Baseball plans to use the GM allegations to force Schott to sell the club. Schott's second suspension - two years for insensitive remarks - ends with the last out of the 1998 World Series. The Reds' partnership agreement expires two years later, Dec. 31, 2000.
Many of her limited partners and some partnership experts believe Schott is out as Reds' boss on that date in a potential legal brew. But Baseball could avoid a quagmire by offering Schott to sell.
''That happened once before when Fred Saigh was forced to sell the Cardinals.'' said Weiler, referring to a 1953 case. ''If there was any evidence of dishonesty, there was also the first George Steinbrenner case. Those are the two Baseball lawyers have to be looking at.''
Saigh sold the Cardinals after he pleaded no contest to tax evasion. Steinbrenner was suspended from running the Yankees for two years in 1974 for illegal campaign contributions.
Ed Goggin, who teaches sports law at Northern Kentucky University's Chase College, said if the GM allegations are true, Schott has probably violated her agreement with MLB, ''but I don't think this falls in that (Saigh and Steinbrenner) category. This is nickel and dime.''
Jim Crowley, a Cincinnati sports lawyer, said the GM complaint is Baseball's best case against her, but it might not be enough for discipline.
''With Steinbrenner, it was open and shut because there was a conviction,'' Crowley said. ''You don't have that here. You don't have an indictment and her lawyers will argue they are only allegations. That's a huge distinction with the other cases. Baseball has the leverage and when push comes to shove that may be enough, or maybe not.''
Key stories
GM SAYS SCHOTT FAKED SALES Dec. 24, 1996
BOWDEN, ALLEN DENY SALES CLAIMED BY SCHOTT Jan. 4,
1997
GM'S LIST OF 57 ALLEGEDLY FAKED SALES Jan. 4,
1997
SCHOTT TO SELL DISPUTED DEALERSHIP Jan. 8, 1997
BASEBALL INVESTIGATING SCHOTT AGAIN Jan. 9, 1997
STATE WILL STAY OUT OF GM-SCHOTT BATTLE Jan. 14, 1997
GM DEAL ELIMINATES SCHOTT CHEVY-GEO Feb. 6, 1997
OWNERS SET TO DISCUSS SCHOTT Dec. 19, 1997
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