A judge dismissed charges against Wander Franco on money laundering and sexual exploitation of a minor, but he still faced charges of sexual and psychological abuse and kidnapping stemming from an alleged inappropriate relationship with a 14-year-old.
Franco, 22, was released from prison in his native Dominican Republic on Monday after posting a $34,000 financial guarantee that he will appear in court monthly for six months.
The charge of sexually abusing a minor is a serious crime, and if the Rays shortstop is found guilty, he could face two to five years in prison, according to the Associated Press.
Although he has not yet been formally charged with a crime, Franco faces major hurdles in returning to the United States, according to a former U.S. Immigration and Customs Enforcement prosecutor who now works in private practice.
“It will be very difficult for him to come back unless it is determined that all of these allegations are fabricated,” Javad Khazaeli told the Tampa Bay Times on Tuesday. “I cannot imagine his visa being approved any time soon if there is a credible allegation and criminal proceedings are initiated. The US government will refrain from doing so.”
The Rays, Franco's U.S.-based attorney Jay Reisinger and the Major League Baseball Players Association declined to comment on the latest developments.
Franco has something special Five-year visa for professional athletes to perform in the United States. But with Franco very publicly not working in the final months of the 2023 season, Khazaeli said it will be difficult to prove he needs to be in the United States
“The standard is not a conviction for immigration purposes,” Khazaeli said. “The standard is, No. 1, that the (foreign citizen) has to prove that they can enter the United States.”
The government may deny entry to a foreign citizen if it determines that there are valid reasons for doing so. Foreign Ministry decisions generally cannot be appealed through the judicial system, Khazaeli said.
Such a decision could set off a chain reaction that would result in Franco losing millions of dollars.
He likely wouldn't be able to report to spring training or even the Rays' season opener on March 28. With Franco unable to perform, the team had to place him on the restricted list and he would no longer be paid.
Shortly after the allegations first came to light in August, Franco was placed on administrative leave under the MLB and players' union's joint policy on domestic violence, sexual assault and child abuse. This allowed the league and Dominican officials to investigate while Franco continued to cash out his contract.
Franco remained in Florida until last month and then returned to the Dominican Republic. He was arrested Jan. 1 for failing to respond to two subpoenas as part of the investigation. He and the minor's mother appeared in court Friday and were charged with commercial sexual exploitation and money laundering because of alleged payments to the minor's mother.
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On Monday, examining magistrate Romaldi Marcelino Henriquez found that there was insufficient evidence to investigate the allegations against Franco.
Authorities have six months to formally charge Franco. The minor's mother still faces the original allegations.
Franco signed an 11-year contract worth $182 million in November 2021. Even if he is not formally charged or convicted, he could still lose millions. MLB has the right to suspend him without pay.
Franco, who is due $2 million next season, was named to his first All-Star team in July. Before his season was cut short, he was hitting .281 with 17 home runs and 58 RBIs.
The Rays, who quietly removed advertising and merchandise featuring Franco from Tropicana Field in August, plan to move on without him. On Friday, they traded shortstop Jose Caballero as insurance against Franco's loss.
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