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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
DEMAND FOR JURY TRIAL

PETER ROSE,

Case No.

Plaintiff,
v.

COMPLAINT

JOHN DOWD,
Defendant.
Plaintiff Peter Rose (“Rose”), by his attorneys, Martin Garbus (pro hac vice pending),
counsel to Eaton & Van Winkle LLP, and August J. Ober, IV of the Law Offices of August J.
Ober, IV and Associates, LLC, as and for his complaint in the above-entitled action, hereby
alleges as follows:
PARTIES
1.

Rose is a natural person who is a citizen of the State of Nevada, residing in Las Vegas,

Nevada.
2.

Defendant John Dowd (“Dowd”) is a natural person who, upon information and belief,

is a citizen of the States of Massachusetts and/or Virginia, residing in Chatham, Massachusetts
and/or Vienna, Virginia.
JURISDICTION AND VENUE
3.

The Court has subject matter jurisdiction over the state law claims asserted in this

action based on diversity of citizenship pursuant to 28 U.S.C. §1332(a) because the matter in
controversy (a) exceeds the sum or value of $75,000, exclusive of interest and costs, and (b) is
between citizens of different States.
4.

This District is a proper venue for this action pursuant to 28 U.S.C. §1391 because a

substantial part of the events or omissions giving rise to the claims occurred in this District.

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FACTS COMMON TO ALL CLAIMS
I.
5.

Rose’s Major League Baseball Career
Rose is a former professional Major League Baseball (“MLB”) player and manager.

Rose played in MLB from 1963 to 1986.
6.

Rose played for the Cincinnati Reds (the “Reds”) from 1963 to 1978. During that time

he was known as the heart and soul of one of MLB’s greatest all time teams, the Big Red
Machine. During the 1970s, Rose and the Reds won six National League (“NL”) West Division
titles, four NL pennants, and two World Series titles.
7.

Rose played for the Philadelphia Phillies (the “Phillies”) from 1979-1983, during

which they won three NL East Division titles and a World Series title.
8.

At the time the Phillies signed Rose, he had more lucrative offers from other teams.

When asked why he accepted the Phillies’ offer, Rose explained that the Phillies were his first
choice.
9.

Rose helped deliver the Phillies their first ever World Series title in 1980, his second

season as a Phillie.
10.

Rose resumed his career with the Reds in 1984 and immediately became their player-

manager. On September 11, 1985, Rose broke Ty Cobb's all-time hits record.
11.

After retiring as a player in 1986, Rose continued to manage the Reds until on or about

August 24, 1989.
12.

Rose’s playing honors include the NL Rookie of the Year, three NL batting titles, two

gold glove awards, NL MVP, and World Series MVP. Rose was a seventeen-time All-Star and
remains MLB’s all-time hits record-holder with 4,256 career hits.

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II.
13.

Rose on MLB’s Ineligible List
Because of reports that Rose had bet on baseball, MLB began a confidential

investigation concerning whether he engaged in conduct not in the best interests of baseball.
14.

Upon information and belief, in 1989, Dowd was a practicing attorney associated with

the firm of Akin, Gump, Hauer & Feld LLP (“Akin Gump”).
15.

On or about February 23, 1989, Dowd, through Akin Gump, was engaged by the

Office of the Commissioner of MLB to act as special counsel to confidentially investigate Rose.
16.

Upon information and belief, in connection with that confidential investigation, Dowd

and two associates and/or detectives interviewed 110 witnesses and compiled thousands of pages
of documentation.
17.

One of the people interviewed by Dowd was Michael Bertolini, with whom Rose had

associated.
18.

Dowd issued a confidential written report to the Commissioner, dated May 9, 1989 (the

“Dowd Report”). It was two hundred and twenty five pages long, and was a compilation of all
the evidence he had garnered against Rose. It included a detailed analysis of the results of his
investigation, based on recorded conversations, testimony under oath and documentary evidence
compiled and relied upon. In the Dowd Report, Dowd concluded that Rose had bet on the Reds
in 1985-87 in violation of Major League Rule 21. A section of the Dowd Report was dedicated to
the “Rose-Bertolini Betting”.
19.

That confidential investigation culminated in a confidential agreement, on or about

August 23, 1989, between Rose and the Office of the Commissioner of MLB, who at the time
was Commissioner of MLB A. Bartlett Giamatti. The Commissioner did not make any formal
findings, but Rose acknowledged that Giamatti had a factual basis to impose a penalty. The

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Commissioner imposed and Rose accepted a disciplinary sanction declaring him ineligible in
accordance with Major League Rule 21 and placed on the Ineligible List, but reserving his right
to apply for reinstatement. Rose was (and has been) effectively banned from working in MLB or
participating in MLB events without permission.
20.

Being on the Ineligible List also effectively barred Rose from being eligible to be

elected to the National Baseball Hall of Fame, pursuant to a rule it adopted in 1991.
III.

21.

Dowd’s prior efforts to harm and injure Rose
and inconsistencies in regard to his statements made
Ever since Dowd investigated Rose in 1989 and Rose was placed on the Ineligible List,

Dowd actively sought to prevent Rose from ever being reinstated by MLB or elected to the Hall
of Fame, and he ultimately made maliciously false and reckless claims against Rose (as more
fully set forth, infra).
22.

Over the years, Rose has sought reinstatement with MLB. In 1992, Rose first applied

for reinstatement. It was the last year of Fay Vincent’s tenure as Commissioner. When he was a
deputy commissioner for MLB, he had recommended Dowd to be special counsel. As
Commissioner, Vincent never acted on Rose's application.
23.

In 1998, Rose applied for reinstatement with Vincent's successor, Commissioner Bud

Selig. Though it was reported that Selig seriously considered it and met with Rose on November
25, 2002, he never acted on Rose’s applications. Nevertheless, as a result, Dowd openly
advocated against Rose and his reinstatement, as evidenced by various conflicting statements he
made in the press.
24.

The Dowd Report expressly states that “[n]o evidence was discovered that Rose bet

against the Cincinnati Reds.”1
1

This is stated at page three, FN 3 of the Dowd Report.

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25.

But on December 12, 2002, NY Post reporter Joel Sherman reported that “Dowd said

he had reliable evidence that Rose indeed bet against his team and was ‘close’ to being able to
officially put it into his report, but was prevented by the need to get the report done quickly.”
Dowd has never identified this purportedly reliable evidence to which he referred in his
interview with Mr. Sherman because he had no such evidence. (A true and correct online copy of
Sherman’s 12-12-02 article is attached hereto as Exhibit 1.)
26.

On the very same day that the NY Post reported that Dowd said he had “reliable

evidence” that Rose bet against the Reds, NY’s Daily News reported about its interview with
Dowd, in which he admitted that he did not find any evidence that Rose bet on the Reds to lose.
(A true and correct online copy of O’Keefe’s 12-12-02 article is attached hereto as Exhibit 2.)
27.

These direct contradictions by Dowd on the very same subject matter are evidence that

Dowd would lie when his personal animus toward Rose overcame him. Dowd’s statement that he
had reliable evidence that Rose bet against the Reds was maliciously false and reckless and
intended to harm Rose.
28.

On or about May 19, 2003, Dowd was interviewed by Bob Edwards of National Public

Radio (along with Cincinnati Reds broadcaster Marty Brennaman). Dowd made clear that he
thought Rose should not be reinstated under any circumstance. (A true and correct online copy of
NPR’s article about its 5-19-03 interview is attached hereto as Exhibit 3.)
29.

As reported by the LA Times in a January 6, 2004 article by David Wharton

([published at http://articles.latimes]), Dowd created a website at http://www.thedowdreport.com
entitled “DowdReport.com” which states, among other things, “[r]ecently, there has been much
renewed interest in the Dowd report and in Pete Rose’s lifetime banishment from Baseball.” (A
true and correct online copy of Wharton’s 1-6-04 article is attached hereto as Exhibit 4.)

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30.

For twelve or more years, Dowd has maintained his website and posted the Dowd

Report, where it remains to this day (as of the filing of this complaint). On his website, Dowd
never recanted his charge to Mr. Sherman (and others, as identified below) that he had evidence
that Rose bet against the Reds.
Dowd’s concerted effort to prevent Rose from being reinstated
leading up to the July 14, 2015 All-Star Game in Cincinnati

IV.

31.

On or about January 25, 2015, Robert Manfred succeeded Bud Selig as Commissioner

of MLB.
32.

On or about February 26, 2015, Rose again applied for reinstatement with MLB. That

same day, Commissioner Manfred reportedly said (as reported in a February 28, 2015 Newsday
article by Steven Marcus [published at http://www.newsday.com]) that Rose “is free to submit a
request for reinstatement or reconsideration and I’ll deal with it.” Mr. Marcus said comments by
Manfred “appear[ed] to have rekindled the debate regarding the possible lifting of Pete Rose’s
lifetime ban…” (A true and correct online copy of Marcus’s 2-28-15 article is attached hereto as
Exhibit 5.)
33.

Dowd again began to openly advocate against Rose and his reinstatement, telling Mr.

Marcus that “Manfred should ‘remember the historical force of the rule, that no one in the
history of baseball who has been declared on the permanently ineligible has ever been readmitted
to the game.’" Ex. 5.
34.

Because of Rose’s ineligibility status, he needed special permission to participate in

official MLB events. That includes MLB’s annual All-Star game.
35.

The 2015 MLB All-Star game was to be held on July 14 th, 2015 in the Great American

Ballpark in Cincinnati, the home field of the Reds.

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36.

Commissioner Manfred said in March, 2015 that Rose would be granted permission to

participate in the All-Star game festivities planned in Cincinnati.
37.

As part of the MLB’s 2015 All-Star game festivities, MLB created a “Franchise Four”

promotion in which MLB fans voted for the 4 players who were the most impactful players who
best represented the history of each franchise. MLB planned to honor the home team Reds’ fans
by presenting their Franchise Four, as part of the pre-game ceremony. It was anticipated that
Rose would be voted in, and Commissioner Manfred also allowed his participation in the
Franchise Four pre-game celebration.
38.

Dowd gave an interview to James Pilcher of the Cincinnati Enquirer, who published an

article on March 21, 2015 entitled “Pete Rose’s investigator: Never let him back in baseball”
(published at http://www.cincinnati.com). In it, Mr. Pilcher reported that Manfred had said he
would meet privately with Rose and consider his request for reinstatement. (A true and correct
online copy of Pilcher’s 3-21-15 article is attached hereto as Exhibit 6.)
39.

In Pilcher’s article, Dowd again made clear his opposition to Rose ever being

reinstated under any circumstance. He also repeated his charge that he had evidence that Rose
bet against the Reds, although this time he claimed “that evidence didn’t reach the standard to
include in our report.” Ex. 6, pg. 5 of 13.
40.

Upon information and belief, in connection with Rose’s 2015 request for reinstatement,

Dowd met with MLB executive John McHale Jr. in May or June, 2015 for several hours to
discuss Dowd’s investigation and the evidence he had compiled.
41.

On or about June 23, 2015, Dowd was interviewed by sports radio show host Jim

Rome (broadcast by CBS Sports Radio and affiliate radio stations in the U.S.) to talk about
newly found documentary evidence recently reported on by ESPN about Rose.

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42.

During the Rome interview, Dowd repeated his charge that he had evidence that Rose

bet against the Reds and said, among other things, “[i]t’s just this terrible arrogance that
affects this guy and his people and you know, shame on him; he’s now been caught bare ass in
front of this commissioner, and I love it. And now, he’s standing out there naked.”…….“He
had Bertolini running young women down in Florida for his satisfaction, so you know he’s
just not worthy of consideration or to be a part of the game; this is not who we want in the game
of baseball.” (A true and correct online copy of Mr. Rome’s show’s article about his 6-23-15
interview is attached hereto as Exhibit 7.)
43.

Dowd’s comment to Jim Rome about Bertolini “running young women” for Rose’s

satisfaction (which was false and malicious and recklessly made) was intended to harm Rose.
44.

On or about June 25, 2015, Dowd was interviewed by sports radio show host

Christopher Russo (broadcast on Sirius Radio) to talk about Rose and about the new ESPN
evidence. Before eventually refusing to respond to Russo and hanging up on him, Dowd
admitted, when directly challenged by him, that he had no evidence that Rose had bet against the
Reds. That contradicted what Dowd had first claimed to Joel Sherman in 2002 (para. 25, supra),
and then again most recently to both James Pilcher (as reported in his article) (para. 39, supra)
and to Jim Rome (as stated during his recorded radio interview)(para. 42, supra), namely that he
had evidence that Rose had bet against the Reds.
V.

Dowd maliciously and recklessly defames Rose during a radio interview
the day before the July, 2015 All-Star game
45.

Dowd had previously given approximately six to seven interviews about Rose to long-

time television and radio sports broadcaster/producer Bill Werndl over the years. Mr. Werndl’s
entire sports broadcast career (which began in 1966) was in Philadelphia (except for a 12 year
stint in San Diego that ended in 2008).

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46.

In July, 2015, Werndl was with the AM radio station WCHE 1520, situated in West

Chester, Pennsylvania, about 25 miles west of Philadelphia. Dowd agreed with Werndl to be
interviewed by him about Rose on air.
47.

The interview took place on July 13, 2015, telephonically, and was broadcast to

WCHE 1520 AM’s listening audience in the entire region encompassing the City of
Philadelphia.
48.

During it, Dowd was asked” "If Pete Rose and you were in a room, and gambling

wasn't the topic and this had nothing to do with anything else, do you find Pete a likeable
person? Not a likeable person? Do you see the window inside his soul and forget about all this?”
Dowd stated :
No. I've been asked that question -- whether he had any moral bearings at all.
And the answer is no. you know, there is a lot of other activity. He constantly
violated the concept of laws. Michael Bertolini, you know, told us that he not
only ran bets but he ran young girls for him down at spring training, ages
12 to 14. Isn't that lovely. So that's statutory rape every time you do that.
So, he's not ... he's just not, you know, the kind of person that I find very
attractive. He’s a street guy.
49.

In addition to being broadcast, the interview was also posted on WCHE 1520 AM’s

website as a podcast, meaning it was readily accessible to anyone online.
50.

Dowd’s July 13, 2015 statements that Bertolini “ran young girls” for Rose, thereby

committing statutory rape, were false and malicious and were designed to injure Rose and did.

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Dowd’s defamation of Rose is reported on and pursued;
Dowd refuses to recant, claiming it was “blown out of proportion”

VI.

51.

Dowd’s July 13, 2015 false and malicious accusations of statutory rape of young teens

by Rose on Philadelphia radio was re-published, and reported on. On August 6, 2015, it was first
reported by Randy Miller of NJ Advance Media for NJ.com. 2 (A true and correct online copy of
Miller’s 8-6-15 article is attached hereto as Exhibit 8.)
52.

Rose first learned of Dowd’s false and malicious accusations of statutory rape of young

teens from Mr. Miller that same day, and vehemently denied them on the record. Ex. 8
53.

The next day, Rose’s representatives Ray Genco and Mark Rosenbaum spoke directly

with John McHale Jr. (who had recently met with Dowd) to discuss Dowd’s accusations, at
which time McHale advised that MLB had no information and nothing in its files to support
Dowd’s accusation that Bertolini “ran young girls” for Rose or committed statutory rape.
54.

On August 7, 2015, Miller spoke with Dowd about his accusations of statutory rape

and Rose’s denial. Dowd reportedly told Miller “I have nothing further to say on it”; “I just don’t
want to discuss it anymore, I think this was blown out of proportion.” When Miller reminded
him that he was the one to make the accusations (of statutory rape), and that they were serious,
he reportedly agreed, stating “They are. You ought to go talk to Michael Bertolini about them.
He’s the one that made them.” (A true and correct online copy of Miller’s first of two 8-7-15
articles is attached hereto as Exhibit 9.)

2

NJ Advance Media is, according to its website, a media company that provides content for affiliated
newspapers in New Jersey and Pennsylvania, including NJ.com, The Star-Ledger, and The Express-Times of
Easton, Pa.

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55.

As separately reported by Miller later on August 7, 2015, Mr. Bertolini released a

public statement through his lawyer Nick De Feis that:
Mike categorically denies the allegation. He never did any such thing, nor did
Pete Rose, nor did Mike say anything to Dowd about the subject. The story is
libelous to him and to Rose and should be retracted immediately.
(A true and correct online copy of Miller’s second of two 8-7-15 articles is attached hereto as
Exhibit 10.)
56.

The (Philadelphia) Inquirer Daily News (published online at http://philly.com) ran a

story about it on August 6th, with reporter Tommy Rowan quoting Dowd’s false and malicious
accusations of statutory rape of young teens by Rose and Rose’s denial made to Miller (of NJ
Advance Media). (A true and correct online copy of Rowan’s 8-6-15 article is attached hereto as
Exhibit 11.)
57.

Rose and his lawyer met with MLB executives on or about September 24, 2015,

including Commissioner Manfred and John McHale Jr. to discuss Rose’s request for
reinstatement. During the meeting, the subject of Dowd’s accusation of statutory rape by Rose
with young teens was discussed. Rose once again vehemently denied the accusations to
Commissioner Manfred and Mr. McHale.
58.

In December, 2015, Commissioner Manfred rejected Rose’s request for reinstatement.
FIRST CLAIM FOR RELIEF
AGAINST DOWD
(Defamation Per Se)

59.

Rose repeats and realleges each and every allegation contained in paragraphs 1 through

58 hereof as if fully set forth herein.
60.

Dowd’s on-air statements during WCHE 1520 AM’s 7-13-15 broadcast that “Michael

Bertolini, you know, told us that he not only ran bets but he ran young girls for him down at

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spring training, ages 12 to 14. Isn't that lovely. So that's statutory rape every time you do that”
are entirely false in every respect.
61.

Rose never did any such thing and until the Dowd accusations, no one had ever

claimed he did.
62.

What Dowd attributes to Bertolini is false: Bertolini states he never told Dowd any

such thing.
63.

Dowd’s repetition of the statements he attributes to Bertolini and his own statements,

in toto, are defamatory per se, in that they are comprised of false accusations that Rose
committed statutory rape.
64.

Dowd knowingly made and thereby published his defamatory per se statements not

only to Bill Werndl and Paul Jolovitz, who were present for the interview (and everyone else in
the broadcast booth), but also knowingly made them during an on-air radio broadcast and
thereby published them via WCHE 1520 AM to its entire listening audience in the Philadelphia
and surrounding broadcast region.
65.

Inasmuch as Dowd made his defamatory per se statements in direct response to the

question "If Pete Rose and you were in a room, and gambling wasn't the topic and this had
nothing to do with anything else, do you find Pete a likeable person?”, such statements were
clearly applicable to Rose.
66.

Dowd’s statements are comprised of false accusations of statutory rape and the

reasonable listener would understand its defamatory meaning.
67.

Dowd made his defamatory per se statements in response to the question "If Pete Rose

and you were in a room, and gambling wasn't the topic and this had nothing to do with anything
else, do you find Pete a likeable person? Not a likeable person? Do you see the window inside

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his soul and forget about all this?” and the reasonable listener would understand an intent by
Dowd that his statements pertained to Rose.
68.

Dowd’s statements are defamatory per se and Rose need not prove monetary harm

resulting from their publication as a component of his claim.
69.

Nevertheless, Rose has suffered actual compensatory harm to his reputation and

standing in the community by reason of Dowd’s defamatory per se statements, and was initially
and has since remained frustrated, distraught, upset, and distressed, resulting in actual
compensatory harm in the form of personal humiliation and mental anguish and suffering.
70.

Among other things, Dowd’s defamatory per se statements (both those he attributes to

Bertolini and his own statements) were purportedly derived from an investigation that he
conducted as special counsel to the Commissioner of MLB about Rose, they materially differed
from earlier statements he had made on the same subject matter, and he reiterated his contention
that Michael Bertolini made them even after he was made aware that Rose had vehemently
denied them.
71.

Dowd knew his defamatory per se statements to be false when he made them, had a

high degree of awareness of their probable falsity, must have entertained serious doubts as to
their truth or otherwise had a reckless disregard of whether or not they were false, such that they
were made with actual malice.
72.

Dowd’s defamatory per se statements were also made with common law malice, that

is, ill will and/or an evil motive.
73.

Rose is entitled to recover punitive damages in an amount to be determined at trial.

74.

By reason of the foregoing, Rose seeks judgment in an amount to be determined by a

jury at trial, but which amount exceeds the jurisdictional minimum of $75,000 exclusive of

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interest and costs.

75.

SECOND CLAIM FOR RELIEF
AGAINST DOWD
(Defamation)
Rose repeats and realleges each and every allegation contained in paragraphs 1 through

74 hereof as if fully set forth herein.
76.

Dowd’s on-air statements during WCHE 1520 AM’s 7-13-15 broadcast that “Michael

Bertolini, you know, told us that he not only ran bets but he ran young girls for him down at
spring training, ages 12 to 14. Isn't that lovely. So that's statutory rape every time you do that”,
that is, Dowd’s repetition of the statements he attributes to Bertolini and his own statements, in
toto, to the effect that Rose committed criminal offenses consisting of serious sexual misconduct
(namely, statutory rape with young teens) are defamatory in that they tend to harm Rose’s
reputation as to lower him in the estimation of the community or to deter third persons from
associating or dealing with him.
77.

At the time Dowd defamed Rose, Rose had existing product endorsement deals.

78.

Rose’s endorsement deals were abandoned because of Dowd’s accusations of criminal

offenses by Rose consisting of statutory rape and serious sexual misconduct with young teens.
a. Ducere Pharma abandoned its endorsement agreement with Rose
79.

Rose signed an endorsement agreement in December, 2014 with Ducere Pharma, LLC,

headquartered in New Hope, Pennsylvania , about 40 miles north of Philadelphia. The agreement
was signed on Rose’s behalf and for his personal services by his agent CEI Sports, Inc., with his
full authority and consent to grant the rights to such personal services, for which Rose would be
paid by CEI Sports.
80.

Rose was to promote Mayoflex pain relieving cream for Ducere Pharma. Photographs

of Rose for that promotion had already been taken for use on in-store point of sale promotional

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materials, and Rose received an initial fee of $65,000. They were in the midst of the campaign.
81.

Ducere Pharma and Rose were also in continuing communications for the exercise of

an option to continue to use Rose for that promotion and to expand it to other products.
82.

After and because Dowd defamed Rose with accusations of statutory rape, Ducere

Pharma abandoned the promotion. Ducere Pharma did not exercise its option to continue and
expand the campaign featuring Rose.
83.

Rose would have earned not less than $71,000 under the existing agreement, had

Ducere Pharma exercised its option.
b. Skechers abandoned its endorsement agreement with Rose
84.

Rose entered into an agreement in or about April, 2014 with Skechers to do an

advertising campaign featuring him, to be launched with a humorously toned television
commercial, extending across all media with Rose appearing in print, outdoor, online and pointof-sale materials through 2015. The agreement was signed on Rose’s behalf and for his personal
services by his agent CEI Sports, Inc., with his full authority and consent to grant the rights to
such personal services, for which Rose would be paid by CEI Sports.
85.

Rose’s contract with Skechers was for a term of October 1, 2014 through December

31, 2015, and contained an option by Skechers to extend the term for the same compensation.
86.

The commercial featuring Rose began airing in the months before the Super Bowl and

received favorable comments and reviews.
87.

The commercial was so well received that Skechers re-launched that commercial

during the Super Bowl on February 1, 2015. In the days beforehand, Skecher’s president,

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Michael Greenberg, gave a statement (published in Adweek):
Pete isn't just a baseball legend, he's an American icon—and
there's no better place for an American icon than the Super
Bowl. Besides, what better place is there for Pete to state his
case for the Hall? Maybe the hundred million plus people
watching will turn the tide.
88.

The Super Bowl commercial featuring Rose was well received and widely popular.

89.

Because of the success of the Rose commercial, another Skechers commercial featuring

Rose was under consideration as part of the existing advertising campaign agreement.
90.

Had Skechers exercised its renewal option and another commercial gone forward, Rose

would have earned not less than $250,000 pursuant to his written agreement.
91.

After Dowd defamed Rose with false accusations of statutory rape, Skechers did not

exercise its renewal option.
92.

By reason of Dowd’s defamatory statements, Rose has been caused to suffer actual

compensatory harm to his reputation and standing in the community and was initially and has
since remained frustrated, distraught, upset, and distressed, resulting in in actual compensatory
harm in the form of personal humiliation and mental anguish and suffering, together with
specific monetary harm, including, but not limited to (a) the abandonment of an existing
endorsement agreement with Dusere Pharma resulting in monetary damages of not less than
$65,000, and (b) the abandonment of an existing endorsement agreement with Skechers resulting
in monetary damages of not less than $250,000.
93.

Dowd’s defamatory statements were made with both actual malice and common law

malice.
94.

In view of the foregoing, Rose is also entitled to recover punitive damages in an

amount to be determined at trial.

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95.

By reason of the foregoing, Rose seeks judgment in an amount to be determined by a

jury at trial, but which amount exceeds the jurisdictional minimum of $75,000 exclusive of
interest and costs.
THIRD CLAIM FOR RELIEF
AGAINST DOWD
(Tortious Interference with Existing or Prospective Contractual Relationship)
96.

Rose repeats and realleges each and every allegation contained in paragraphs 1 through

95 hereof as if fully set forth herein.
97.

Rose’s commercial for Skechers was well-received and, given its broadcast during

halftime of the 2015 Super Bowl, widely-viewed.
98.

As evidenced by various on-air interviews given by and articles quoting Dowd in 2015,

Dowd was studiously aware of all of Rose’s public statements and appearances.
99.

Upon information and belief, there were 114.4 million viewers of the 2015 Super Bowl

in the United States, making it the most watched broadcast in U.S. television history.
100. Upon information and belief, Dowd knew of Rose’s endorsement with Skechers by
reason of (a) the record setting viewership of the 2015 Super Bowl, (b) the favorable comments
and press given to Rose’s commercial when it began airing in the months prior to the Super
Bowl, (c) the nationwide attention Rose’s commercial garnered during and after the 2015 Super
Bowl, and (d) Dowd’s demonstrable knowledge of all things done and said by Rose publicly.
101. Upon information and belief, given the foregoing, Dowd’s on-air statements during
WCHE 1520 AM’s 7-13-15 broadcast that “Michael Bertolini, you know, told us that he not only
ran bets but he ran young girls for him down at spring training, ages 12 to 14. Isn't that lovely. So
that's statutory rape every time you do that” was purposeful action specifically intended to harm
Rose’s endorsement agreement with Skechers.

17

 Case 2:16-cv-03681-PBT Document 1 Filed 07/06/16 Page 18 of 19

102. Dowd’s purposeful action, specifically intended to harm Rose’s endorsement
agreement with Skechers, was not legally privileged or justified in any respect.
103. There existed a reasonable likelihood that Skechers would have renewed its
endorsement contract with Rose pursuant to its option but for Dowd’s tortious interference with
same.
104. By reason of Dowd’s tortious interference, Rose was caused to suffer damages, to wit,
the compensation to which he would have been entitled had Skechers renewed its endorsement
contract with Rose.
105. By reason of the foregoing, Rose seeks judgment in an amount to be determined by a
jury at trial, but which amount exceeds the jurisdictional minimum of $75,000 exclusive of
interest and costs.
WHEREFORE Plaintiff Peter Rose demands a money judgment against Defendant John
Dowd for the amounts described herein and an award of punitive damages, together with costs
and expenses, including attorneys’ fees, of this action, and such other and further relief as the
Court deems just and proper.
Dated: West Chester, Pennsylvania
July 6, 2016
LAW OFFICES OF
AUGUST J. OBER, IV AND ASSOCIATES, LLC
/s/ AUGUST J. OBER IV
By: __________________________
August J. Ober, IV
PA ID No. 94701
27 South Darlington Street
West Chester, PA 19382
Tel: (215) 779-3433
aj@oberlegal.com

18

 Case 2:16-cv-03681-PBT Document 1 Filed 07/06/16 Page 19 of 19

Martin Garbus (pro hac vice pending)
Counsel to EATON & VAN WINKLE LLP
3 Park Avenue
New York, New York 10016
Tel: (212) 779-9910
mgarbus@evw.com
Counsel for Plaintiff Peter Rose

19

 61212016 ROSE-PROBE nggm?inat feels; mmenpg??ng grey WAGERED 

r.
.3 sesame a sea  Woman on UCLA shooter's 'kill list? found dead in Minnesota 



ROSE-PROBE BOMBSHELL -- DOWD HAD
EVIDENCE PETE BET AGAINST ROSE
EXPOSED -PROBER: HE LIKELY WAGERED
AGAINST THE REDS

ByJoel Sherman December?lz, 2002 i 5:00am

 

John Dowd, who wrote the damning report that led to Pete Rose?s expulsion from baseball 13 years ago, said the report was not as damning
as it could have been.

The Washington D.C.-based lawyer revealed yesterday that if the investigation would have continued a little longer it would have shown the
all-time hit leader not only bet on Reds' games, but actually bet against the team he was managing.

That made another of Dowd's disclosures yesterday all the more stunning. Dowd said by phone that he has been told that part of Rose?s
reinstatement agreement would make him manager of the Reds again. 

Dowd, who investigated Rose for Commissioners Peter Ueberroth and Bart Giarnatti in 1989, said the time constraints to get his examination
finished and try to stem a matter that was soiling the Sport, forced him to stop pursuing certain avenues. Thus, the official Dowd Report
states: ?no evidence was discovered that Rose bet against the Cincinnati Reds."

However, Dowd said he had reliable evidence that Rose indeed bet against his team and was "close" to being able to of?cially put it into his
report, but was prevented by the need to get the report done quickly.

think that is probably right,? Dowd said when he asked if he thought Rose gambled against the Reds.

In any case, Dowd said Rose did not bet on the Reds wheneVer two pitchers, including Mario Soto, started, which ?sent a message through
the gambling community that the Reds can't win" on those days.

Dowd also said he has lingering concerns about the extent Rose was involved in a cocaine distribution ring in the late 19803.

In the Sept. 2001 issue of Vanity Fair, former Rose associate Tommy Gioiosa said Rose invested money in cocaine deals. Dowd also worries
Rose is still vulnerable to people he might owe money to from that time, making him a greater risk to provide inside information again if he is
allowed back into major league Clubhouses.

?[Rose?s possible reinstatement] begs a lot of questions," Dowd said. "Because i would like to ask all the questions over where he denied
ever betting while he was under oath. i'd like to ?nd out whom he was dealing with and whom he owed money to, and whether he is still
indebted to any of those people. i would like to ask him about the cocaine business [in Ohio] and whether he was a cocaine distributor
down the line. I would like to know what he has been doing the last 12 years and whether he is still gambling.

"This is serious business, especially since he's told someone he is going to be manager of the Reds. The people of Cincinnati should be
assured that all of these things have been checked out."

Neither Roger Greene, Rose?s agent, nor Roger Makley, his attorney, returned calls yesterday. Selig refused comment on any issue involving
Rose, including if there was an understanding Rose would become manager of the Reds again.

person called me fiuesday] and said he had a conversation two weeks ago with Rose in which Rose said he sat with [Bud] Selig and they
came to the agreement if [Rose] made the proper admissions, he would manage the Reds again," Dowd said by phone. "ffhe Reds] want to

1l2

$22016 ROSE-PROBE   FEE     ldleEY WAGERED 

'get rid of [manager Bob] Boone and bring in Rose as manager.?
- Reds chief operating of?cer John Allen. reached in his of?ce, denied that any side deals have ever been talked about.

?There is absolutely nothing to this,? Allen said. ?We've had no discussions and i'd know about something like this because I am the COO of
this team and i am the liaison to ownership.?

Allen said he has heard many rumors involving Rose, but that the Reds are not involved in reinstatement negotiations in any way. Aiien said
if Rose were reinstated he couid imagine his organization asking Rose to come to spring training as a special instructor as it does with other
former Reds greats such as Johnny Bench. but that "Bob Boone is our manager.? Allen said, ?absolutely not" when asked if there have been
any meetings to discuss making Rose manager should he be reinstated.

News broke this week that Rose met with Selig on Nov. 25 about possible reinstatement. During both the investigation into whether he bet
on basebail as manager of the Reds from 1984-89 and in the aftermath of Aug. 23, 1989 when he signed an agreement for a iifetime ban,
Rose has steadfastly denied betting on baseball.

Apparently. as a parameter of reinstatement. Rose would make a public acknowledgment in some form that he did, indeed. bet on baseball.
If reinstated, Rose would probabiy become eligible for the Hall of Fame and allowed to work within the major leagues again.

Dowd said he finds that possibility "stunning." Among his litany of problems with Rose, Dowd said is that he has seen no evidence over the
past 13 years that Rose "recon?gured his life? as Giamatti asked the basebail great to do at the time of his banishment. Thus, Dowd sees no
reason to make Rose the ?rst player ever allowed back from the permanently ineligible list.

tit Sends hbw?ttul message.thatii'yQufarass' this. 'R'u'Ie '21" (gambling 6n 


WORLD ACCORDING TO DOWD
*On Rose betting against the Reds: think that is probably right."

*Claims Rose would not bet when Mario Soto and a second unnamed Reds pitcher were on the mound a clear sign to betting world that
Reds may not win.

Implicates Rose in 19805 cocaine ring: would iike to ask him . . . whether he was a cocaine distributor."

*Says Reds are pianning to make Rose manager if he is reinstated.

Recommended by

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ARCHIVES

 

 

T0 RETURN, FAY SAYS NO Ex-commish: Bud
taking big gamble

BY MICHAEL 9 FOLLOW

NEW YORK DAILY NEWS Thursday. December 12, 2002, 12:00 AM

fates]

The men who exiled Pete Rose from baseball have a message for Commissioner Bud
Selig: Not so fast. Selig could unwittingly expose baseball to future gambling scandals
if he lifts the game's 13-year ban on Rose and makes the all-time hit king eligible for
Cooperstown, former commissioner Fay Vincent told the Daily News yesterday. Iohn
Dowd, the lawyer who led the investigation into Rose's alleged gambling and prepared
the famous "Dowd Report" that condemned Charlie Hustle to a lifetime ban, also urges
caution. "Selig is getting involved in a very high-risk venture," Vincent says. "This

could be the de?ning mistake of his tenure as commissioner.

According to Major League Baseball rules, any player, manager or executive who bets

on his own team faces a permanent ban, a rule Vincent believes has protected the
game for decades. Without that kind of death penalty, he says, fans will question the
outcome of games, making baseball seem more like professional wrestling than real
sport. ?The commissioners, at least up until this time, have understood that this is a
deterrent that really works," says Vincent, who has had a long-running feud with Selig,
who Vincent believes orchestrated his ouster as commissioner in 1992. "If there is an
epidemic of gambling in baseball ?ve years from now, it would be Selig?s responsibility
for removing that deterrent. "People say players get paid too much to get involved with
gamblers," adds Vincent. "But what about the home?plate umpire, who has far more

ability to in?uence the outcome of a game?

Iynews .com/archi vesfs return?fay- no-ex?com ish?bud?bi g-gam bIe-arti ole-1 .508317 1i6

51612016 case 
The Daily News reported earlier this year that Vincent secretly placed umpires Frank
Pulli and Richie Garcia on two years? probation in 1989 for gambling. The penalty was
not more severe, Vincent says, because there was no evidence the umpires bet on
baseball. Pulli now works in baseball as an umpire supervisor. Vincent would not say if
he supports or opposes reinstating Rose without knowing what terms and conditions
baseball would impose on him. Vincent says if he was still commissioner, he would
require Rose to travel around the country lecturing about why gambling can be
detrimental to baseball. "The issue is not whether he bet on baseball he clearly did,"
Vincent says. "The issue is whether it's in baseball's best interest to reinstate Pete
Rose. Otherwise, if he becomes the manager of the Reds, how do you know he won't

bet on baseball again?

Baseball of?cials would not comment yesterday on Rose?s attempts to be reinstated,
but Selig?s silence is in sharp contrast with the past, when he has repeatedly and
pointedly said there was nothing in Rose's 1997 reinstatement application to warrant
lifting the ban. Vincent believes Selig is responding to immense pressure from fans
and three Hall of Famers: Mike Schmidt, Rose's teammate on the Phillies from 1979-
83, and Morgan and Johnny Bench, who played with Rose on the Big Red Machine
teams of the 19703. "Seventy??ve percent of the public wants him back because we are
a nation that forgives everyone, from Richard Nixon to Bill Clinton to Pete Rose," says
Vincent, who adds that Americans are much more tolerant of gambling than they were
in 1989, when lotteries and casinos were limited to a handful of states. Rose attorneys
Roger Makley and Gary Spicer did not return calls for comment. Baseball's
investigation into Rose began in late 1988, when then-Commissioner Peter Ueberroth?s
of?ce received a call from a Sports Illustrated reporter who said the magazine was
preparing a story that accused Rose, then the manager of the Reds, of betting on his
own team. one of us believed it was true," Vincent remembers. Rose was called to
New York in February 1989, just as spring training was beginning, and asked about the
allegations. "He said he never bet on baseball, but he bet on everything else," Vincent

remembers. "It made sense. Why would anyone be so stupid as to bet on their own

lynews .comlarchi return-fay-no-ex-com ish?bud?bi g-gam ble-article-1 .508317 26

516;?2016 case Zirjoeli??gg ngfanisIE: li?ddtaigrL/Qg?lnge 

team?

"-Ueberroth left baseball in March 1989 and was succeeded by National League
president Bart Giamatti, who was left to deal with the investigation being conducted
by Dowd, a former Department of Iustice prosecutor hired to look into the allegations.
Dowd con?rmed baseball's worst fears: Rose, one of the game?s most popular players,
had committed the biggest sin a baseball player could commit: He bet on baseball -
including games he managed. "There's no question he bet on the Reds," Dowd told the
Daily News, citing evidence included in his 225~page report, including betting slips in
Rose's own handwriting, a bookie's notebook that documents his bets and testimony
from several of his associates. The most damning evidence against Rose included
telephone records maintained by the Reds. Former owner Marge Schott, angry that
players were using clubhouse phones for free, ordered the operator at Cincinnati?s
Riverfront Stadium to keep track of telephone calls. "We found that Pete had made
regular calls to a bookie," Vincent says. Dowd says he did not ?nd evidence that Rose
bet on the Reds to lose. But when Rose did not bet on a game, he unwittingly gave
bookies valuable information that he didn't think the Reds would win. "Rose would

not place bets when Mario Soto pitched," Dowd says. "That sends a signal to gamblers.

"Pete Rose corrupted baseball," Vincent adds. Rose was polite but repeatedly denied
he bet on baseball when confronted by Dowd with the evidence against him during a
deposition conducted in the cafeteria of a Catholic convent in Dayton, Ohio, in April
1989. The convent was selected by Makley to shield Rose from the media. "He did not
enjoy it when I showed him the betting slips and played the tapes for him, but he
behaved himself," Dowd remembers. In August 1989, Rose, who was facing prosecution
for tax evasion, consented to the lifetime ban with the belief that he could be
reinstated after a year. In the agreement he signed, he does not admit guilt. But
afterward, Giamatti shocked Rose by telling reporters he believed Rose had bet on the -
Reds. Rose denied betting on baseball or the Reds, a position he has stood by. Rose

served ?ve months in a halfway house for tax evasion in 1990, and has spent the last 

lynews no-ex-com i sh-bud? bi q?uam bl e-arti ole-1 .50831 7 3m

ale/2016 case $899653? 
years selling memorabilia, running two south Florida restaurants, being host of a radio
talk show and drumming up public opinion for reinstatement. "The problem with Pete
is one of arrogance," Dowd says. "He thinks he?s a legend, that he?s bigger than
baseball.

8 Send a Letter to the Editor

 

JOIN THE CONVERSATION: a gig
Tropical Storm Colin Takes Rim at 
Florida Mm?

    

Weather Channel

01:20 I01 :20

lvnews is h-bud- big-gem ble-article?l .508317 4i6

sir/2912016 Case Page 1 of 7

 

US.
The Pete Rose Controversy

Debate Revived over Status of Baseball Legend's Ban

Listen QueuEJDownload

 

May 19. 2003 12:00 AM ET
Heard on Morning Edition

Hear an extended version of Bob Edwards' interview with
lawyer John Dowd.

 

 

  Only Available in Archive Formats. (Real Media) (Windows)

Hear an extended version of Edwards? interview with Reds
announcer Marty Brennaman.

 

 Only Available in Archive Formats. (Real Media) Windows)

 

pl Id= 1 265784

612912016 Case Dmumez?ieboBtroxE?JEduW/OBMB Page wri-

Id= 1265784

6129;2016 Case Page 3 of 7

Pete Rose, seen on an 1979 baseball card. is one ofthe game?s greatest players, leading in career hits (4.258) and at?bats,

(14.053).
Card courtesy En'c Westervelt, NPR News

Hear Pete Rose Historical Moments
Announcers Marty Brennaman and Joe Nuxhall describe Rose's 4,192nd hit, which broke Ty Cobb's career

record on Sept. 11, 1985.

@The late Baseball Commissioner Bart Giamatti explains the decision to ban Rose in 1989.

@Rose reacts to being banned from baseball in 1989.

1265784

Page 4 of 7

 

 

 

 

A 1983 All?Star Game baseball signed by Pete Rose.
Bat! courtesy En'c Westerve?, NPR News

One memorable September night in 1985 at Cincinnati's Riverfront Stadium, Pete
Rose transformed his baseball career into something legendary. With hit number
4,192, Rose passed Ty Cobb to become baseball's career leader in hits. At the time,
Rose who played so hard he was nicknamed Charlie Hustle was a cinch to be
elected to the baseball Hall of Fame.

pl 1265784

$29,201,, Case D?guggeggega?mgileqhm/OBHB Page 5 of 7

But four years later, Rose was banned from the sport after an investigation found he
had gambled thousands of dollars on baseball games as a player and a manager for the

Cincinnati Reds. Rose said he "made some mistakes'l but denied betting on baseball.

Major League Baseball of?cials are considering giving Rose a second chance at
reinstatement a move that potentially would allow him to enter the Hall of Fame.
Rose made his case to Commissioner Bug Selig several months ago. There are
indications that Selig might reinstate Rose if he admits that he bet on baseball and

apologizes for it.

NPR's Bob Edwards examines the debate over Rose in interviews with attorney and
investigator John Dowd, whose report accused Rose of betting on baseball, and long-
time Cincinnati Reds broadcaster Marty Brennaman, who says Rose should be allowed

into the Hall of Fame if Rose apologizes ?rst.

"You know, he's maintained all these years that he never bet on baseball," Brennaman

says. "He may be the only one on Earth that believes that."

Brennaman, himself a Hall of Fame member, says Rose has to "throw himself on the
mercy of the court" baseball of?cials and fans. The announcer says that accepting
Rose's apology would not mean that gambling is condoned by baseball. After all,
Brennaman says, other players have been reinstated after committing serious offenses,

including domestic Violence.

But Brennaman says Rose shouldn't necessarily be allowed to come back as a
manager. "Anytime there was a questionable move on his part, the question [about

gambling] would then come up," Brennaman says.

Dowd says Rose should not be allowed back into baseball under any circumstances.
"The issue is protecting the game, not protecting Mr. Rose and his reputation," Dowd
says. "That's the judgment that's been made on anyone who's ever bet on the game and
I think we ought to honor that.

"In my judgment, I don't think there are any circumstances that justify his return to

the If you let Rose back in, then the message to anyone who gambles and

pl ld= 1265784

6,29,12,31,, Case Dgpuertpegit, Page 6 of 7

gambles on the game is that if you throw enough of a public relations tantrum and

admit that you did it, then you ought to be back in the game.?

Dowd notes that no one who's been declared permanently ineligible to participate in
baseball has ever been readmitted. Commissioner Selig is "coming up against a great
deal of powerful history on a rule that has been time and again demonstrated to

prevent the corruption of the game."

The force of the rule is "remarkable," Dowd says. The best evidence of that is the day
that then-Baseball Commissioner Bart Giamatti banned Rose, the commissioner I'got
calls from ballplayers all over the country" thanking him for "protecting the rule
because they obey it. It's posted right on the clubhouse door and they get reminded
every spring what it is because experience has taught us that (gambling) really does

undermine the game and it can't be ignored."

Selig has not said when he might rule on Pete Rose's application for reinstatement.

Related NPR Stories

Jan. 21, 2000: Pete Rose meets with major league owners to discuss his efforts to be
reinstated.

Oct. 27, 1999: Morning Edition commentator Frank Deford speaks in favor of reinstating Rose
to Major League Baseball.

Feb. 8, 1991: Morning Edition commentator Red Barber chats with guest host Mara Liasson
about why Rose won't be allowed into the Baseball Hall of Fame.

Oct. 25, 1999: NPR's Robert Siegel speaks with New York Times columnist Robert Lipsyte

about the controversy over NBC interviewer Jim Gray asking Rose whether he would apologize
for gambling.

Web Resources

Pete Rose's official site
The Dowd Report (Adobe Acrobat required)
Other documents about Rose

Pete Rose career highlights

1265784

3129/2013 Case Dgguggeggega?rovgilewH/OB/m Page 7 of 7
Pete Rose stats

The Baseball Hall of Fame's answer to the 'frequently asked question' about why Rose is not
a member

A Baseball Hall of Fame Web page about Rose joining the '3,000-hit Club' in 1978
Cincinnati Enquirer coverage of Rose's attempts to be reinstated into baseball

Former President Jimmy Carter's 1995 letter to USA Today in favor of forgiving Rose

@2016 

pl 1265784



56,2015 Case Page 1 of 2

E05 Angela; winle? ARTICLE commons

Back to Original Article

Dowd Finally Is Vindicated

The investigator and author of report on baseball gambling by Pete Rose endured years ofm'iticism.
January 06, 2004 David Wharton Times Staff Writer

For more than a decade, Pete Rose insisted that the investigator whose report painted him as a baseball gambler was wroug.
If ever John Dowd wanted to say told you so," Monday was his chance.

But as news broke that Rose had admitted to betting on baseball, a secretary at Dowd's law firm in Washington said he was traveling and unavailable for
comment.

It was left to Fay Vincent, Dowd?s friend and former baseball commissioner, to Speak for him.
"It's total vindication and it's been 14 years in coming," Vincent said frOm his winter home in Florida. mean, he took a lot of abuse and not just from Rose."
Others had joined in criticizing Dowd and his 1989 investigation.

Roger Kahn, an authorized biographer of Rose, wrote that Dowd "played dirty pool with Pete" and that his probe was reminiscent of Sen. Joseph R. McCarthy?s
hunt for Communist Party sympathizers. Baseball histOrian Bill James contended for years that the report was flawed.

Rose claimed investigators had blackmailed witnesses against him and called the report a pack of lies, among other things, in interviews.
"Pete must think we all just fell off a turnip truck," Dowd told The Times in 1999, adding: "The evidence was overwhelming and non-contradicted."

A former Marine captain, Dowd earned his law degree at Emory University in 1965 and later worked for the Justice Department as a trial attorney in the tax
division and chief of an organized crime strike force.

Vincent met him while serving as an associate director for the Securities and Exchange Commission.
"He had canvicted a bunch of mafia guys," Vincent recalled. "That's a tough game he played."

Though they knew each other only casually, Vincent later called upon Dowd when rumors began circulating about Rose, who had retired as baseball's all-time
hits leader and was managing the Cincinnati Reds.

The commissioner's office decided to launch an investigation and Vincent, a deputy commissioner at the time, recommended Dowd, who had left the
government for private practice.

"We all thought Rose was telling us the truth and that we wouldn't find anything to the contrary,? Vincent said. However, he added, "We needed a guy who was
a good investigator, a tough cookie."

Dowd, who calls himself a lifelong fan of the game, soon told baseball executives: "There's a lot here."

The evidence included interviews, telephone records and canceled checks. His voluminous report detailed hundreds of baseball wagers, and dozens on
Cincinnati to win.

In August 1989, Rose agreed to a lifetime ban under the condition that he neither admit to nor deny the allegations.
By no means would that be Dowd's last high-profile case.

His clients included Sen. John McCain (R?Ariz.) during the ?Keating Five" scandal and former Arizona Gov. Fife Symington, who faced bank fraud charges. Last
year, he represented a former Enron executive who pleaded guilty to insider trading.

But it was the Rose investigation that most consistently kept his name in the news.
don?t think any of us could have imagined," Vincent said.
Interest remained strong enough over the years that a Web site, dowdreport.com, was launched.

am making the Dowd Report and the agreement signed by Pete Rese and Commissioner [Bart] Giamatti available in this forum so that the public may draw
its own conclusions," Dowd states on the site.

There was another enduring effect on his life. Soon after Rose's ban, the chain-smoking Giamatti died of a heart attack. Dowd had grown close to him.

"John, who smoked three packs of unfiltered Camels a day, gave up smoking the day Bart died," Vincent said. "He went cold turkey and I do n?t think he ever

?ll2



c6J6f2016

Case 

smoked again."
Nor did Vincent believe Dowd regretted taking the Rose case.

"He?s taken a lot of shots, Vincent said. "But the work he did was terrific."

i

ed

ailmes

7/06/16 Page 2 of 2

 

E05 AHQEIES $11185 Copyright 2016 L05 Angeles Times



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S:


 

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Reprints for distribution to colleagues. clients or customers. use the Reprints tool at the top of any
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Pete Rose should not be reinstated,
Fay Vincent says

February 28, 2015 By STEVEN MARCUS steven.marcus@newsday.com

CINCINNATI SEPTEMBER 11: Pete
Rose takes part in the ceremony
celebrating the 25th anniversary of his
breaking the career hit record of 4,1 92 on
September 11, 2010 at Great American
 Ball Park in Cincinnati, Ohio. He was

- .. honored before the start of the game
between the Pittsburgh Pirates and the
Cincinnati Reds. (Photo by Andy

Lyons/Getty Images) (Credit: GETTY
IMAGES Andy Lyons)

 

Recent comments by Major League Baseball
commissioner Rob Manfred appear to have rekindled the debate regarding the possible lifting of
Pete Rose's lifetime ban for betting on baseball games.

Manfred said Thursday that Rose, MLB's all?time hits leader with 4,256, is "free to submit a
request for reinstatement or reconsideration and I'll deal with it."

Rose, then manager of the Reds, essentially was banned Aug. 24, 1989, when he accepted a
place on baseball's permanently ineligible list after an investigation led by lawyer John Dowd
determined he had bet on baseball. Rose later spent five months in prison after pleading guilty
to two charges of filing false income tax returns.

Manfred said Thursday it would be incorrect to
characterize his position on Rose as any
different from that of predecessor Bud Selig,
who during his 22 years took no action on
Rose's application.

Still, any consideration at all would not sit well
with Selig's predecessor, Fay Vincent, the
then-deputy commissioner who spearheaded
the investigation that led to Rose's banishment.
Vincent, commissioner from 1989-92, said he
h0pes Manfred denies the request if Rose, 73,
applies for reinstatement. Vincent succeeded

6/1/2016

Newsdaymlgase Document 1-5 Filed 07/06/16 Page 2 of 3 Page 2 on

 

A. Bartlett Giamatti, who imposed the penalty,
after Giamatti's death.

A spokesman said Rose would not comment.

"The Pete Rose case is not about Pete Rose,
so the issue of 'has he served his time, does
he deserve mercy?? is in my book irrelevant,"
Vincent, 76, said Friday. "This issue has
always been the deterrent in baseball against
gambling [and] is almost perfectly successful. It
never happens, and the reason it doesn?t
happen is if you touch that third rail, you're out
of baseball for life whether you're a Hall of
Famer or not, and nobody's ever been Eb,
reinstated.

 

 

 

"For a commissioner to change that deterrent advemsement I advemse on neWSday

without an awful lot of very careful examination
-- would be a bad mistake," Vincent said. don't believe Rob Manfred is up to that kind of
mistake. I don't think he's going to do it, either."

Manfred said if Rose applied for reinstatement, he would be required to review it.

"From the very beginning, it was contemplated that under our rules, a player can always apply
for reinstatement,? he said. "I've never said I was going to look at this [immediately]; what I said
was I would deal with a request from Mr. Rose if and when he makes it."

Dowd said Manfred should "remember the historical force of the rule, that no one in the history
of baseball who has been declared permanently ineligible has ever been readmitted to the
game."

Rose's status also has come into focus because Cincinnati is hosting the All-Star Game in July
and Rose -- who makes a living signing sports memorabilia -- is expected to take part in some
of the festivities.

"Despite all that he did, Rose remains an icon in Cincinnati," said Hal McCoy of Fox Sports
Ohio, a Hall of Fame writer who has covered the Reds for more than 40 years. "He comes to
games often, supposedly pays his way in. When they show him on video, the place goes crazy.
All the emails and remarks I get are always 'Put Pete in the Hall of Fame, Pete belongs in the
Hall of Fame.? 

Even if Manfred reinstated Rose, it would not assure his entrance into the Hall of Fame.
Because he was on the ineligible list, his name never appeared on the ballot of voting members
of the Baseball Writers' Association of America. Phil Pepe, a past president of the BBWAA, said
straw polls at the time showed Rose getting 50 percent of the votes, far below the required 75
percent.

Rose's candidacy, should he ever be reinstated, would be considered by the Expansion Era
Committee consisting of retired players, managers, executives, writers and historians.

Edward Stack, former president of the Hall of Fame, doubts Manfred will take any action should
Rose apply, saying: "If I was a betting person, which I'm not, I'd bet Manfred's not going to do
anything different from what Selig did sit on it."

s? back to article

.. 6/1 /20 1 6

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6/1/2016

Pete Rose's 1'6 Filed 07/06/16 Page 1 Of 14 Page 1 of 14

Pete Rose's investigator:
Never let him back in
baseball

JOHN DOWD SAYS HOLDING FIRM ON BAN IS THE ONLY WAY TO
PROTECT THE GAME FROM THE CORRUPTION OF MONEY.

James Pitcher. 

6/29/2016

Pete Rose's investige?e? bRQ?i?inem 1'6 PM 07/06/16 Page 2 0f 14 Page 2 of 14

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Any piayer, umpire, or Ciub or League or empioyee, who she-ii bet any sum
whatsoever upon any basebaii game in connection with which the bettor has a duty to
perform, shat! be deciared permaneniiy ineiigibie.

- Major League Basebaii Constitution, Ruie 21', Section subsection (2)

Q: Pete Rose, the Manager of the Cincinnati Reds, bet with you on Cincinnati Reds
basebaii games; is that correct?

A: That's correct.

- Admitted bookie Ron Peters to MLB speciai investigator John Dowd, Aprii 5, 1' 989

Gambling and baseball

PETE ROSE AND JOHN DOWD 26 YEARS LATER

123 55/ 6/29/20] 6

Pete Rose's investigaqg? ?iielxitaci?'t?i?gabla'g?kBJ 1-6 Flled 07/06/16 Page 3 Of 14 Page 3 of 14

Pete Rose IS a lot or things to a lot or people. Charming anti-hero. Pariah who doesn't
deserve to be. A guy who deserves another chance. A symbol of the way baseball used to
be and should still be played. A traitor to the game. A gambling addict whose sickness
cost him his life. Lost soul. Charlie Hustle. The hit king. who should be in the Hall of Fame.

But the man who led the investigation of Rose and sat face-to-face with him for two full
days of interviews. says today that baseball's all-time hit leader should never be allowed

back into the game.

To John Dowd. former special counsel to the commissioner of baseball, hired to probe
those now infamous allegations. Rose is the supreme example of why betting on
professional baseball is such a sin when done by those within the game itself.

"This (gambling) is just such a terrible business  it really does infect the game." Dowd
told The Enquirer in a interview last week. "Pete committed the capital crime of

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"But this is bigger than just Pete Rose. There is a reason we haven't had another
gambling case in 26 years. This case wasn't about Pete this case was about protecting

the integrity of the game. When we investigated (former Philadelphia Phillies star) Lenny
for gambling. he told us: ?Thank God for Pete Rose because now I know what the

ultimate price was.? 

Rose of?cially re?applied for reinstatement to baseball last week, and newly appointed
Major League Baseball Commissioner Rob Manfred said he would meet privately with
Rose and consider the request. But Manfred also specifically said that he would review
the report Dowd submitted in 1989 on Rose's gambling, as well as baseball's constitution
and the actual agreement Rose reached with then-commissioner Bart Giamatti.

Following Rose's lifetime ban in August 1989. The
Enquirer retained a copy of the original Dowd report.
The Enquirer also kept thousands of the supporting

documents released following the announcement.

ht'ED 5/03/21 hose-i nves? Dafnr-nefe-hei rm o-onmEI?) 41 '4 ?il ?f90/901 A

Pete Rose's investige?g? bRQE?lP?em 1'6 Filed 07/06/1

nese documents Include betting Slips With i?

6 Page 4 of 14

      

Pageft  14

handwriting on them which show wagers on baseball
and the Reds. extensive phone records which track
the bets and depositions with bookies and convicted
cocaine dealers. 
We reviewed the 225-page Dowd report and other
documents again last week. and this much is clear:
Rose has a very high legal hurdle to clear for
reinstatement. especially if he wants to argue against
the merits of the report or against baseball's rule
against gambling, or to question the legitimacy of his

agreement With Giamatti- Baseball Commissioner A. Bartlett Giamatti gestures during a news
conference. Thursday. Aug. 24. 1989. New York. Giamatti announced
Cincinnati Reds Manager Pete Rose is banned for life from baseball

"Commissioner Manfred is a good man and is going for gambling on his own team. and that Rose may apply for
reinstatement after one year.
about this in the right way. but it is true that people ?show: AM,an Cam,

nowadays really need to understand what happened
and why it happened." said Dowd, who is now retired
from private practice and lives in Virginia. "And I hope
that the commissioner will concentrate on that.

"And that there hasn't been a gambling case since Pete."

It never to be this way

ROSE COULD HAVE WIPED THE SLATE CLEAN

interviews with Dowd and others reveal this: Rose could have avoided his eventual
conviction on tax evasion and his five months in prison in addition to his lifetime ban
from baseball if he had only come clean in 1989.

it was fairly common knowledge back then that Giamatti was open to a suspension for
Rose if the Reds manager would admit to gambling on baseball and enter treatment for
his gambling addiction.

Yet, according to Dowd. it went further than that. Dowd now says he and Giamatti worked
with federal prosecutors and even the FBI to work out a deal that any pending charges for
tax evasion against Rose would be dropped if he came clean.

In addition. FBI agents worked behind the scenes to
ensure that Rose's gambling debts with the New
Jersey loan sharks and bookies that numbered in the
hundreds of thousands would be forgiven. Dowd now
says.

"We never got a chance to finalize the deal or figure
anything out because Pete got in his own way and his
lawyers shut us down." Dowd said. "And throughout
the whole process. (Rose?s attorney) Reuven Katz

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Pete Rose's investigaetg? ?i?x?e'Pi?'tQ?918BL?5?kE?i? 1'6 PM 07/06/16 Page 5 0f 14 Page 5 of 14

and all or them thought they could strong arm us and
Bart. this Yale professor. But they found out that Bart
had steel in his backbone."

However extensive the deal would have been. Rose's
stubbornness and bravado cost him. according to
those close to him at the time. In addition to being
banned from baseball. Rose eventually was convicted
of tax evasion for not claiming income he won on
horse racing and earnings from autograph signings at
memorabilia shows.

He Served ?ve months at a madium'security prison in Baseball great Pete Rose leaves Marion Federal Prison Marion,
- - Monday. Jan. 7, 1991 after being released. Rose must now
the same ["mo's town that preduced former Cleveland report to a halfway house In Cincinnati. Ohio. In the background is a

lndians catcher Ray Fosse. (That's the catcher injured guard mm"- Jenkins)
. . . . . (Photo: ASSOCIATED PRESS)
in an Infamous home-plate Rose during

the 1970 All?Star Game at Riverfront Stadium.)

remember sitting down with him (Rose) at an autograph

show as this was all going down." former Rose associate

Tommy Gioiosa told the Enquirer last week. "Now

remember. l'm already under indictment for my cocaine
charge. I told him that while I would never turn my back on him he needed to take the
heat for what he did and maybe he could get his life back.

"But the Pete Rose of that day and age wanted nothing to do with that. it was that ego and
arrogance that made him such a great ball player and made him think that he would never
get into trouble."

Katz was a well-known local lawyer who represented Rose as well as other entertainment
and sports figures. Now retired. Katz declined to comment for this story when reached via
email.

Rose declined to discuss speci?cs of his case or reinstatement with an Enquirer reporter
when approached during an autograph signing session at a Las Vegas sporting goods
and memorabilia store March 16. The Enquirer also reached out to Rose's business
manager Joie Casey, who said he would discuss the story with Rose. But Casey did not
then respond to the questions Saturday.

He did say that he would like to be reinstated into baseball and get elected into the
Baseball Hall of Fame, but added that it was not his choice.

"That would be nice." Ross said. 'We'll see."

Rose's gambling activities

WAS iT MORE THAN JUST BETTING ON OWN


55/ 600/701 6

Pete Rose's investiga 1-6 Flled 07/06/16 Page 6 Of 14 Page 6 of 14

Rose wagered on up to 10 games a at about a game. according to the
betting slips included in the documents that Dowd relied upon as well as witness
testimony.

Yet Rose was involved in much more insidious
activities than gambling on baseball, according to
interviews and documents. Even deeper than a
manager betting on his own team to win. And even
darker than gambling itself.

Did Rose bet on his own team to lose? Dowd says he
and his two investigators uncovered evidence that he
did. "although that evidence didn't reach the standard
to include in our report."

Dowd says he saw a pattern: Rose didn?t bet on the
Reds when pitchers Bill Gullickson or Mario Soto

were starting.
Paul Janszon and wife, Danita (Marcum) Janszen In 2013.

. . (Photo: Providan
"That part IS true  Mano Soto was a hell of a

pitcher." said Paul Janszen. baseball's key witness

against Rose and the ?rst to speak to Dowd and

acknowledge Rose's gambling. "But he had been hurt and when he came back from that
injury, Pete didn't have a lot of faith in him. As for Gullickson, he was just in one of those
slumps that players get into."

But Janszen says he never made any bets against the Reds for Rose at any point.

Further testimony in the documents shows that when the Riverfront Stadium scoreboard
was inoperative or down for repairs. Rose would communicate from the dugout during
games using hand signals to get information on the night's results from around the league.

FRI No. 33-0064 Fate i

.. 0n retreat-1r 28. 1989. Peel Janeen-n wen contacted at 5668

Snriudale. Cincinnati. Ohio. and. in the of Benita
Beroun. turniehed the :ollowinx internation to Kevin H. Haliinan
and Joeeph I. Daly:

Janeaen worked tor Queen City Barrel Coaneny eelline eteel druaa
. until 1983. Hie tether had been an executive with the oclpent
a until 1955 when it ohenxed blade and hie tether euit. Jane-en
eaid he controlled 808 e! the drue ealee even thoueh the company
had 15 

liter .leavine the den: oolouur he started hie current been."

which in aellinl haeehell renorebilie. he etarted thie hueinaae

hr rein; to haeehall card ehowe and contacting playere to set

their autoerenhl on belle. nevi. betl. photoe and other iteae.

He now had about 30 to 40 playere that he ohteine eutolrenhed

itene iron. He gave the plerera a certain eaonnt when he

ohteina the eutolrarhl and the at a leaked up

- alount. Ee aainly nelle the throueh adrertieinu in the
Sport- celleotora and eelle by nail order.

?inhael Bertolini elao in thin Hertolihi
took ruroheaere tor hundreds o2 thouaande of dollarl hr heepinc
the none? they would eend in to buy- and not aniline
the eerohendiee. Janeaen had received near calla true an;ry
cuetoeere delendin? their eerohendlee as they recognised
513 area code ae the eane one Bertolini need and they
thought Janeaen Ian connected with Bertolini. The none of
hertolini?e ooepany in hit line. which etende tor Pete Been.
Bertelini eleo eerie for a oeepany called Capital Gerda when
Puttind on hie card ehowe. Janaaen believee none net
hertolini in early 1935.

In 1987 when the ?ade eooreboard wee not working properly end
did not ehow the eooree of the other being played. none
would line: Janene tree the dueut. eerie; how he (Rene) wee
doing on hie bettine. Janeen would call a 990 ouaher er a 312
w- area code number to let the eooree end eienel the reeulta to
Boee in the dugout.

In 1381 Bill Berteeoh wee with the Bede and Janenen would nit in
on between and Sergeant: when they talkedahout
tradiae olarere. Both Sergeant: and Role felt their John were
not secure at that tine. Roee introduced Gannon to 

Jen-nee wee introduced by knee to the Rode players at eprinw
trainin- In 1981. After the incident in the hotel in Cleveland

5/02/71 Irma?invm? ontor-nete-heinn (Lemme/7 <1 1 7'2 ?1 ?t amorom A

Pete Rose's investig?g? ??961%tqg% 2151511 1-6 Flled 07/06/16 Page 7 Of 14 Page 7 of 14

I hat was Just surlness  he gave me seats behind home plate and 1 coutd see mm. and
he would just shrug as if to say 'How am I doing?"I Janszen said. "And I would go and dial
the 1-800 number and get the scores and come back and either give him a thumbs up or
down. He was just bored because he wasn?t on the ?eld anymore."

Dowd says he stopped digging after gathering the proof necessary to substantiate the
gambling allegations. But he says other evidence came to light that Rose was involved in
buying cocaine as a way to support his gambling habit and pay off his debts.

Dowd's investigators interviewed Don Stenger. a convicted cocaine dealer. in April 1989.
Stenger met Rose through Janszen and Gioiosa. Stenger's 1989 federal sentencing sheet

on cocaine and tax evasion charges is included in the documents.

Stenger told investigators that he got cash to buy cocaine to later sell from Janszen.
Gioiosa and others. not from Rose. He assumed Rose knew he was dealing drugs.

AND CDNFIDERTIRL ATTORNEY WORK DU

MEMORANDUM
To: Conmissioner of Baseball File
FROM: Terence J. Lynan 
DATE: April ll. 1989
RE: Interview of non Stenger

On a. 1939 Kevin Hallina?n and interviewed. Don
Stenger at the office of his attorney. Carl Poplar. in Cherry
Hill. New Jersey. Stenger was born January 9. 1955. in
Cincinnati. He grew up in Cincinnati and lived there through
1985 when he moved to New Jersey to run a Gold's there. He
is currently employed as the operator at Gold's in Cherry
H111. He has a small ownership interest in the which
increases year by year and can ultimately amount to 495 of the
business after many years.

Stenger was a competitive body builder until 1983. He
knew Michael Fry to say hello beginning around 1931 and 1932.
Stenger won a national body building title in 1983 and Fry knew
Stenger because oi his reputation in body building. Hiobael
Fry owned Gold's in Cincinnati and Stenger vent to work
with Pry at the gym. Gold's opened in Cincinnati around
the end of 1934. Prior to going to work at the Stenger
I already had a cocaine habit. Fry was the sole owner of Gold?s
Gym. Stenger ran the on a day to day basis and us: a
instructor. Fry was a cocaine distributor. In early 1985

"Stenger stated that Rose was never involved in cocaine in any way and was never
involved and never expressed any interest in financing any cocaine deals," the summary
of that interview says.

Janszen testi?ed in 1989 that Rose knew about the cocaine buy. He now says that while
Rose never dealt cocaine directly, he did provide cash to buy it.

"What you have to understand is that Pete did not
want to get into the drug business. but that the
opportunity just presented itself," Janszen told The
Enquirer last week. "Stenger was short on cash
and was on his way to Florida to buy more.

"And Pete said 'Hey, what kind of return can you
get?? Stenger said you could double your money in
a month or two weeks. And he had a couple

5/03/21 o?onmel?) <1 6001701 A

Pete Rose's investigth @9619 igt??dangi-g bagg glinent 1-6 Flled 07/06/16 Page 8 04 Page 8 of 14

hundred thousand dollars lying around had stashed in the drop ceiling in
his basement."

Gioiosa disclosed Rose's involvement in an article
in Vanity Fair

{09!peter-
rose-200109) published in 2001. saying in that
article that Stenger and Rose had indeed
discussed the possible cocaine deal. Gioiosa also
said then that he and Stenger later picked up cash
from Rose's house from a housekeeper there. and
Stenger later returned with another bag of cash.

In that article. Stenger denied the allegations.

 

The Eanirer aSRed Thomas P. Gioiosa. former housemate of former Cincinnati
. . - Reds manager Pete Rose. leaves the Federal Building in

G'o'osa d'reCt'Y Boston in this April 7. 1939

about the alleged (Photo: Chase)

cocaine connection.
Gioiosa, a forrnerjunior college player and a friend
of Rose's son. Pete Jr., was the only Rose friend
who did not testify against him either to Dowd or to law enforcement.

"Pete needed money to invest and pay back his debts." said Gioiosa. who served 38
months of a five-year federal sentence for conspiracy to distribute cocaine. Now 57.
Gioiosa works as a nutrition supplement salesman in Ormond Beach, Fla.

When asked again about Rose and any connection to cocaine dealing, Gioiosa declined
to answer yes or no.

"Let's just say it was a dark time for everyone. Pete was not a drug dealer but he needed
to do whatever it took to feed his (gambling) addiction."

Gioiosa also says he doesn't regret holding back on what he knew about Rose.

"Ifl had spilled my guts, Pete probably would have gone to prison for a long time," Gioiosa
said. "And baseball would have pounded a lot more nails into his cof?n in terms of coming
back than there are now.

"But Pete was sick with addiction. That drove all his
actions  he wasn't looking to be introduced to folks
in New York connected to the mob to take on his
large debts. That's what his sickness forced him to
do."

Dowd said his report clearly shows that Rose bet
while he was player-manager for the Reds in 1986.
Rose has continually denied betting on baseball as a
player, even though he acknowledged in 2007 during
an ESPN radio interview that he bet on the Reds
"every night" as a manager.

<1 1% moorom A

. . - - - . 1-6 Filed 07/06/16 Pa 9 of 14
Pete Rose?s Investlgaatgi?e: gig-961:9 igtq?lalg?EBg-aEkBl-Ir?t baDsggallwe I ?m ?m  ??aggvm
I he documents also mmcate that at one pmm? Hose in St. Louis Sunday, May 14. 1989?The

owed at  east $250,000 to a [can shark in New Jersey Reds manager, suspected of gambling talked with reporters after
every game during a news conference, but only discussed the game

with ties to organized crime families in New York. with and baseball in general.

Dowd now saying those debts could have been as (Pm?m?qp?maemm?

high as $500.000. One document from that time

states that a bookie who had talked to Dowd, a

private detective and the head of MLB security. mysteriously suffered a broken arm soon

after that interview "while throwing a baseball" and that he had probably been

"discouraged" from speaking further.

Janszen says that Rose indeed was betting in 1986 when he was player-manager. He
also says he was "shocked" to ?nd out that Rose was not only laying bets with local
bookies using him as the middleman, but also with bigger players on the East Coast at the

same time.

ORIGINAL

PRIVILEGED AND CDHFIDENTIAL ATTORNEY HORK 

OFFICE OF THE CDHHISSIONER
MAJOR LEAGUE 
350 IVEHUE
NEH YORK. REE YORK

 

In the tram:- or: i
Pater Edvard Rose. Manager.
Cincinnati Reds Baseball Club

 

Deposition of PAUL G. JANSZEH taken in
13 Cincinnati. Ohio. on April 1989, at 12:20 o'clock p.a.

arezinarces:

JOHN H. DOUD. Bed.

16 Special Counsel for the Commissioner
Heron. Burchatse. Ruokart a Rothuall
. Suite 700

1n25 Thebes Jefferson Street. H.U.

1' Hashinlton, D.G. 20007

 

Gary L. Baldwin
Certified Verbstia Reporter/Notary Public
9 966:]!

 

 

"Double-booking bets, that was just insanity." Janszen said. "But thatjust shows how this
was a sickness for him and is to this day.

"And the problem with Pete is that unlike other addicts. he had a support system in terms
of making money and all these fans that he has never hit true rock bottom."

To Dowd. it was what Rose's gambling had done to the game of baseball that was at the
heart of why the investigation and subsequent ban was so important.

"To be honest, it doesn't really matter whether he bet for or against the Reds, or as a
player orjust a manager." Dowd said. 'What matters is that. by the end. he owed a half a
million to some pretty unsavory people, who were actually in the clubhouse from time to

time.

"Imagine a half a million mortgage over your head every time you walked out on the ?eld
to go to work and wondering how you were going to pay that off. especially to those kinds
of people." Dowd said. "That?s how insidious this had become."

<1 (r ?reman 1 .c

Pete Rose's hF?Eln bgge ??ll?em 1-6 Flled 07/06/16 Page 10 Of 14 Page 10 of 14
The decmon

RULE AND THE GIAMATTI AGREEMENT

The other legal reviews Manfred has pledged to undertake include Rule 21 of baseball's
constitution. specifically Section Subsection (2).

That rule was written in the wake of the Chicago "Black Sox" scandal of 1919.
Professional gamblers paid off a number of players from the Chicago White Sox to throw
games and allow the Cincinnati Reds to take the 1919 World Series. (That included all-
time great "Shoeless" Joe Jackson, although supporters say that while he took the money,
he played his best in the series.)

Horrified at what had become of the nation's pastime, the owners of the teams at the time
appointed former federal judge Kenesaw Mountain Landis as the sport's ?rst
commissioner. He immediately banned the players involved and created the rule that
stands now. In fact, a sign with the rule is posted in every minor and major league
clubhouse in the nation.

In the former Reds clubhouse in Riverfront Stadium. the sign hung near the players'
mailboxes. and close to the clubhouse phone. in a hallway that separated a group of
lockers. This was a location where Rose would have seen it every day. Currently it hangs
in a frame as one enters the Reds clubhouse at Great American Ball Park.

The rule includes no provision for appeal or reinstatement. apart from a'standard
grievance process through the contract with the players' union that is addressed
elsewhere (and that would not cover non-players such as managers).

"And to me. being put on the permanently ineligible
list means you are there for life." said Dowd.

Manfred also said he wants to review the
agreement Giamatti and Rose reached in 1989.
That ?ve?page document states the speci?cs of the
investigation and outlined Rose?s chances to
respond. It also clearly states that "the
Commissioner will not make any formal ?ndings or
determinations on any matter including without
limitation the allegation that Peter Edward Rose
bet on any Major League Baseball game."

Given that Giamatti explicitly said at the press
conference announcing the deal that he felt Rose
had indeed bet on baseballI Rose may have a
slender opening all these years later, according to   . . I
one legal expert.  ..  

Then-Cincinnati Reds manager Pete Rose in the dugout
during an away game In 1989.

(Photo: Enquirer ?le)

 

"Major League Baseball made a promise not to
issue any formal findings, but you could make the
argument on paper that baseball has nonetheless
issued formal ?ndings throughout the years.

between what Giamatti said as well as Dowd?s
Cincinnati Aroorom A

- - - - - 14
Pete Rose's investi?g bgsoe ??il?em 1 6 Flled 07/06/16 Page 11 Of Page 11 of 14

statements that Rose was gthy as Charged." said Jettrey Standen. dean or the Uhase
School of Law at Northern Kentucky University. Standen published a paper in 2010 that
argued for Rose's reinstatement.

"Basically. Rose got nothing in return for this deal and MLB abrogated its promise to him."
Standen said. 

26 yea rs later

DOWD REPORT STANDS TEST OF TIME

As for the Dowd report itself, it came as a result of a three-month investigation into Rose's
gambling, culminating in the 225-page report and supporting documentation. Dowd and
his two detectives interviewed 110 witnesses and collected thousands of pages of
documents all while battling lawyers and banks.

"That report was rock solid; there are no holes there." said noted Harvard University law
professor Alan Dershowitz, who argued on behalf of Major League Baseball in a mock trial
televised by ESPN in 2003. Dershowitz said he spent several weeks going over the report
and documentation to prepare for the mock trial, which he wound up losing as the mock
jury voted 8-4 to reinstate Rose.

"Even though that was the result. I can say that the legal evidence in this case is
overwhelming and there is no way to argue the merits and facts of the case if you are Pete
Rose." Dershowitz said. "If I were him. he needs to basically ask for compassion. Reading
all that documentation, there is no way to get around what he did and how it impacted the
game."

Yet as in?uential as they were. Dowd's ?ndings were never fully published until 1999.
when the University of Mississippi law school printed all 225 pages in its law journal.

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remember reading that anytime a wrote a column saying Pete got a raw
deal, that John Dowd would mail him a Xerox copy of the report  and. lo and behold. a
week later, there would be a column retracting the previous position," said University of
Mississippi law professor Ronald Ryohlak, who wrote the introduction for that issue.
"That's why we published it. And I remember trying to be balanced and fair when Iwrote

what I did but you can't come away from reading that report and not have a strong
position."

Those who went through the investigation process agree. Gioiosa acknowledges that
Dowd "certainly did his homework."

"All Mr. Dowd did was lay out the facts, and they were pretty much all right," he said.

Janszen says that he was initially leery of Dowd and
his investigators, but the process produced "the truth
and all the facts."

"The title of that report should be integrity," Janszen
said. "it is as accurate now as it was then. You could
not find better men than the ones who did this. And
people need to know the truth of what went on."

Dowd says that not only was the report the subject of
follow-up investigations by major news outlets such
as Sports Illustrated and The New York Times. but by
subsequent MLB commissioner Bud Selig. In fact,

Selig was strongly considering reinstating Rose in the

early 20003 JUNE 22, 1989: Investigator John Dowd testi?es before Judge Norbert
Nadel that Baseball has evidence Pete RoSe bet on Reds' games.

(Photo: The Enquiren?Glenn Handing)

h?r?rnt/lunmninninna? nnm/anrv/nnwe/7nl 4/0201 102:? momom .c

. Ca - 68 -P Do ent 1-6 Filed 07/06/16 Pa '13 of 14
Pete Rose?s 1nvest1ga or: ever?eg?mjbac? 1n base arl?i1 Page 13 of 14
me errorts to reinstate Rose Included punllc and private lobbying by Hall or l-amers and
former teammates such as Phillies great Mike Schmidt and Reds standout Joe Morgan on

Rose's behalf. as well as a face-to-face meeting between Rose and Selig in 2003.

But Dowd says Selig used his law ?rm to once again to vet the veracity of the initial 1989
report as part of that review. Selig, who retired as commissioner earlier this year after 23

years. declined comment through his of?ce in Milwaukee.

"They have all been hoping for some crack in the dam, but there aren't any." Dowd said.
The report is "something l'm proud of."

Selig in the end decided not to reinstate Rose. At the time. a story published by The
Enquirer indicated that a bank had just foreclosed on Rose's California condominium.
highlighting Rose's ongoing ?nancial troubles. And Selig was apparently unhappy that
Rose had showed up in Cooperstown during Hall of Fame induction week to sell his new
book.

"l'm not particularly proud of the result as this is an incredibly tragic story." Dowd said. "But
at least it stands as an example for all of baseball, and hopefully for all time."

Enquirer reporters John Faheriy and John Fay contributed.

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feeling sorry for himself?

June 23. 2015 1:41 PM

 

Filed Under' Cincinnati Reds John Dowd, Pete Rose

  

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in 1989, Major League Baseball banned Pete Rose from the sport after a
report from formerfederal prosecutor John Dowd found that the all?time  Eh .9. . in
hit king had bet on baseball through mob-connected bookmakers from Americas favorite doctor ?nally reveals the
1984 to 1986 while playing and managing the Cincinnati Reds games. low'mSt seam to a ?mom fa?3e- His fans
. . . . were shocked when [continued here]
Rose still claimed he never bet on games while playing, but yesterday
ESPN released a report that the network had obtained documents STORIES Recommended by
containing copies of pages from a notebook found at the home of former
Rose connection Michael Bertolini that contradicts Rose's story and
con?rms what Dowd stated for 26 years. The notebook was seized in a
raid shortly after Rose was ruled permanently ineligible from baseball.
Dowd shared his reaction to the latest news on The Jim Rome Show.

 

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was pleased to see it and it con?rmed everything we?d already proved
circumstantially," Dowd said. "But. more importantly, it put the lie to his
recent statements on San Diego radio and New York radio that he never

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9

ohn?dowd-on-pete-rose-hes?j 6/2/2016

John Dowd Page 2 of4

bet as a player. 80 this is after he's reapplied for admission, so he's lying RAPID WRINKLE lmMOVl?i?z
now to his fourth commissioner and that?s not good."  . - 

    

 

There?s no doubt the documents ESPN received are authentic according
to Dowd. which verify Rose is still lying about his complete involvement.

"In terms of the betting in 1986 as a player. there's just no doubt that he
did. No amount of tap dancing by Pete and his public relations people are .  a.
going to make that go away." said Dowd. "i'm glad this commissioner has "Finally A Legit Wrinkle Eraser

 

 

seen what a liarthis guy is. I've put up with all of his lies, slings of arrows Everyone can Afford" OZ
false acqursrtions for 26 years, and welcome Rob Manfred to the MORE NEWS

  

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Dowd says Rose?s ego has once again came back to bite him and his him outof it'

true colors are on display for Manfred and the entire world. .

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"It's just this terrible arrogance that affects this guy and his people and
you know. shame on him; he's now been caught bare ass in front of this
commissioner. and I love it," Dowd said of Rose. "And now. he?s standing
out there naked."

Eric Hosmer

 

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The former federal prosecutor says this will be an easy decision for

Manfred to deny Rose's latest attempt for reinstatement.

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Dowd says when Rose ?nally admitted in 2004 he bet on baseball while
managing. that had nothing to do with coming clean and everything to do
with needing money.

"it was just another fraud to get a million dollars from that book publisher.
And the book publisher only published 40.000 copies so he lost a fortune
on that. 80 Pete induced him to give him a million dollars on a disclosure
that he bet on baseball as a manager and then he very carefully
navigated his way through our report." said Dowd. "The book was a fraud.
He bet as a player and he denied betting as a player in the book so it's
iust another game."

Dowd says Rose wanting into the Hall of Fame is all about dollars.

"He wants to put HOF on the balls and memorabilia he signs so he can
make money. That's all this is about. that?s all Pete is about." said Dowd.
"Pete is not some great Hall of Fame player. he?s not, he's done nothing
for his community. he?s done nothing for the game. he's done nothing for

youngsters. nothing on the positive side."

Rose supporters also need to be educated Dowd says.

6/2/2016

John Dowd Page 3 of 4

"They ought to read the report. His supporters are people who haven't
read the report." said Dowd. "They interviewed Mike Schmidt the other
day on ESPN, you know Mike Schmidt's out there. ?we ought to forgive
Pete, we ought to let him go.? they asked him if he ever read my report.
he said So if the people who haven't read the report are out there
wallowing in their ignorance. if they read the report they will go throw up. i
mean it's disgusting how bad it is. It?s not a close call, there?s nothing
close about this case."

Dowd says it's simple, Rose is still who he?s always been: a crooked
cheat who doesn't deserve to be admitted into Cooperstown.

"He?s just a street criminal. that's all. He cheated customs, he cheated the
1R8. he broke the rules of baseball, he hung out with drug dealers. He
had Bertolini running young women down in Florida for his satisfaction. so
you know he?s just not worthy of consideration or to be a part of the
game; this is not who we want in the game of baseball." said Dowd. "He's
iust a gambling burn out there pouting. and feeling sorry for himself, he
hasn't done anything to help the youngsters in this country, he hasn?t
stopped gambling."

 

John Dowd

 

 

 

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6/2/20] 6

6i292'2016

Case 0f 3

 

New bombshell: Pete Rose accused of statutory

rape; hit king denies claim

By Randy Miller NJ Advance Media for NJ.com
 Email the author Follow on Twitter
on August 06. 2015 at 6:01 PM. updated August 25. 2015 at 7:16 PM

 

 

Pete Rose bet on his own team?

That?s nothing compared to a new bombshell that. if true. could end any talk of Major League
Baseball's hit king having his lifetime ban lifted.

 

MORE: Dowd responds to Rose's denial

 

 

John Dowd. the investigator whose findings led to Rose?s ban in 1989 by former MLB
Commissioner Bart Giamatti. claims he was told by former Rose associate Michael Bertolini
that Rose committed statutory rape on young girls during his playing and/or managerial
career.

 

RELATED 


 

In a Julymlug interview with WCHE in West Chester, Pa.. that hadn't surfaced until now. the
former federal organized crime investigator said. "Michael Bertoiini told us that not only did
he run bets, but he ran young girls for him down in spring training. Ages 12-14. Isn?t that
lovely? So that's statutory rape every time you do that.?

 

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Rose was floored when told of the allegations in a phone interview Thursday with NJ Advance Media. He vehemently denied the

accusations.

"Oh. my God!" the 74-year-old Cincinnati Reds and Philadelphiahghilljes great said while driving from California to Las Vegas.
"Where was my family all of this time in spring training? I never went to spring training without my family except for my first year

when I was a rookie. It's shocking.

"What level are they going to reach to next? What's Dowd going to talk about next? Something from 50 years ago when was 24
years old? I don?t know why anybody would believe that. it's unbelievable. That's the best one so far."

 

PLUS: 

 

.comiphi ll iesli 

11?3

a29i2016 Case mm 0f 3

Dowd. 74. made the statutory rape allegations during a 19-minute interview on July 13 with WCHE hosts Bill Werndl and Paul
Jolovitz after being asked whether he found Rose likable.

Here is a transcript of that part of the interview:

Q: Do you find Pete a likable person? Did you see the window inside his soul?

Dowd: "Ah. no. i don't. I've been asked that question whether he had any moral bearings at all and the answer is no. There's a
lot of other activity.  Michael Bertolini told us that not only did he run bets. but he ran young girls for him down in spring
training. Ages 12-14. Isn't that lovely? So that's statutory rape every time you do that. So he's just not the kind of person that I
find very attractive. He's a street guy.

"Did I get along with him? Yes. If I'd had gotten him alone do I think could have brought him around? Yes. He knew we had him.
When I played the tapes for him and also showed him the betting slips and fingerprints. he turned green and gray. i mean. I
thought he was going to go over in that disposition [took of him. He knew he was a goner. And then he Chisels. He gets this
book and defrauds the publisher a million bucks. The guy only sold 40.000 copies. so he lost a million. He says. ?1 wanna come
clean.? He didn't come clean."

Ray Genco. Rose's attorney. also shot down the allegations to NJ Advance Media in an email Thursday.

"Today we learned that during a July podcast Mr. Dowd communicated that Pete Rose had no moral bearings." Genco wrote.
"Though I disagree. we maintain our commitment not to respond publicly to topics relating to Pete?s pending application for
reinstatement.

"However other statements Mr. Dowd made during that and potentially other interviews. (too ugly to repeat) do elicit a response.
The statements were malicious. untrue and are categorically denied. They impact Pete's family and respect his instinct to
immediately protect them. l?d ask any person or entity associated with these statements to fully and immediately retract them."

A spokesman for Major League Baseball was contacted by NJ Advance Media and had no immediate comment other than to say
the allegations would be passed along to higher-ups.

 

FROM THE ARCHIVES: 

 

NJ Advance Media attempted to reach Dowd for further comment. but calls to his Massachusetts home were not answered. Also.
attempts to reach Bertolini by phone were unsuccessful.

These allegations come six weeks after ESPN's Outside the Lines of a Bertolini notebook showing
Rose had bet on baseball as a player. After denying for 15 years that he bet on baseball. Rose admitted in 1997 that he had placed
bets on his team while managing the 1987 and 1988 Cincinnati Reds.

In March. Rose. banned for life for betting on baseball. commissioner Rob Manfred f9}:
reinstatement and received a response that the case will be given a "full and fresh look."

 

The ESPN report alone seemingly jeopardized Rose's shot at having his ban lifted. which could lead to him working for a major-
Ieague club and/or being eligible for induction to the Baseball Hall of Fame for the first time. Rose is currently a baseball analyst
for Fox Sports.

"l'm excited and very happy that (Manfred) is reviewing my status." Rose said. "l'm not going say anything else about the
commissioner. He's saying we?ll let it play out and we'll go from there."

.comfphi i es? ndexssfiZOl 5iO8ipete_rose_deni es_a  I 223

6f29l'2016 Case Wt?m 0f 3

Manfred apparently has begun his investigation because Dowd said in his radio interview that he recently met for "several hours"
with John McHale, "who was assigned by Rob Manfred to put all the facts together into review on my report and the investigation.
80 we met for several hours and I briefed him not only on the investigation and the results. but also the drama we had over the
last 25 years."

Dowd predicts Rose's ban will not be lifted.
"i don't think Commissioner Manfred is a fool." Dowd said. think he'll decide this thing the right way."

Randy Mil/er may be reached FoIIow him on Twitter Find.Mggmenradelphra


 

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.comlphi Iliesli ndex .ssfl20?l es?al 33

6i29i'201 6

case 2:  Eliza-trons  hail/iing '9 2

 

Pete Rose rape allegations: John Dowd says they

have been 'blown out of proportion'

  

 By Randy Miller NJ Advance Media for NJ.com
Email the author Follow on Twitter
on August 07. 2015 at 11:40 AM. updated August 25. 2015 at 7:14 PM

 

After accusing Pete Rose of committing statutory rape and hearing Rose's denial. investigator

John Dowd now says the allegations have been "blown out of proportion."

The former federal crime investigator. whose Dowd Report uncovered Rose's gambling on
baseball and led to the all-time hit leader?s lifetime ban in 1989. wouldn't elaborate on the
serious 

 

ALSO: 9tstatutes.rape; 

 

"l have nothing further to say on it." Dowd told NJ Advance Media on Friday morning from his
home in Massachusetts. just don't want to discuss it anymore. I think this was blown out of
proportion."

Dowd was reminded that he's the one who leveled the stunning accusations during a July 13
West Chester. Pa.. that only recently was uncovered by NJ
Advance Media.

Dowd. making the allegations publicly for the first time. said he was told by Michael Bertolini,
a former Rose associate. that Bertolini had supplied Rose with girls. ages 12 to 14. during his
playingor managing career.

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During the radio interview. Dowd wasn't specific about a time period. and he failed to elaborate when asked for clarity by NJ

Advance Media on Friday. Dowd. however. agreed that the allegations are serious.

"They are," Dowd said. "You ought to go talk to Michael Bertolini about them. He's the one that made them."

Attempts to reach Bertolini. a former Long Island resident. have been unsuccessful.

While asked during the radio interview whether he finds Rose likable, Dowd responded: "Ah. no. i don't. l've been asked that
question whether he had any moral bearings at all and the answer is no. There's a lot of other activity.  Michael Bertolini told us
that not only did he run bets. but he ran young girls for him down in spring training. Ages 12 to 14. isn't that lovely? So that's
statutory rape every time you do that. So he?s just not the kind of person that find very attractive. He's a street guy."

Reached on his cell phone by NJ Advance Media on Thursday. Rose denied the allegations.

.comiphi Ilies? ndex.ssfi'201 5108ipete_rose_bom bshel ohn_dowd_responds_to_m aki ng_s .htm I

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6129l2016 case legBa-ti?onssragsJ?-Tgr haEIngi 'meln 84%gropg?l 2
"Oh. my God!" he said. "Where was my family all of this time in spring training? I never went to spring training without my family
except for my first year when I was a rookie. It's shocking."

Ray Genco. Rose's attorney. added in an email: "The statements were malicious, untrue and are categorically denied. They impact
Pete?s family and I respect his instinct to immediately protect them. I'd ask any person or entity associated with these statements
fully and immediately to retract them."

Dallas Green. Rose's former manager with the Bh?ljgg. believes Dowd is out to get Rose.
Major League Baseball. contacted by NJ Advance Media, has not responded to Dowd's comments.

These allegations were made while new MLB commissioner Rob Manfred?is taking a "fresh look" at the case in response to Rose
making an April. If Rose is reinstated. he could enter the Hall of Fame. He also would be
eligible to work for a major league team or league. Rose is currently a baseball analyst for Fox Sports.

Dowd said during his radio interview and confirmed to NJ Advance Media that he's recently met for "several hours" with MLB
chief information officer/executive VP John McHale Jr.. who is running the investigation for Manfred.

Dowd's meeting with McHale raises several questions: Did Dowd tell him about the rape allegations? ls MLB pursuing these? Did
MLB know about these allegations previously? Does MLB believe they are credible?

Dowd refused to discuss the specifics of his meeting with McHale.

"Our meeting was a month or so ago and they?re doing a very good job. a very thorough job,? Dowd said Friday. "Pete?s in the
hands of the commissioner and we'll just let it go there."

Randy Miller may be reached at Fol/0W him on Twitter ind ?mowr??fg?gg?ama


 

 

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