According to a report by Martín Adames Alcántara of the Associated Press, some details have changed in the case against Rays shortstop Wander Franco. He was originally charged with commercial and sexual exploitation and money laundering in the Dominican Republic, but now faces the lesser charge of sexual and psychological abuse.
Franco was accused of having a relationship with a 14-year-old girl and paying the girl's mother to keep quiet about the abuse. According to today's report, Judge Romaldy Marcelino ruled that the money could not be considered payment for the girl's services because the mother requested it after learning about the four-month relationship. The judge said prosecutors initially treated the case more seriously because “the defendant is a professional MLB player.” Each of the original charges carried possible prison sentences of between 10 and 30 years, but the new charges could carry a sentence of two to five years. According to the report, Franco has not yet been formally charged with the new charges.
The money laundering charges against the 35-year-old mother remain and she remains under house arrest. Her name is being withheld to protect her daughter's identity. Franco was recently released on bail after posting bail of 2 million Dominican pesos, which is equivalent to about $34,000. He is free to leave the country, but must report to Dominican authorities monthly while the investigation continues.
Although Franco can currently leave the Dominican Republic, he may encounter other difficulties. The Athletic's Ken Rosenthal spoke with some American immigration lawyers to highlight some of the complications that arise. First and foremost, the U.S. government could revoke his visa on the grounds that he poses a threat to public safety based on the allegations against him. That's according to Amy Maldonado, who serves as an outside consultant for major league clubs but not for the Rays.
“Unless there is complete exoneration in this case, where it turns out everything was fabricated, I don’t think he’s going to come back any time soon, if at all,” said Javad Khazaeli, a former U.S. immigration prosecutor – and customs authority who now works in private practice. “The likelihood that he would enter the US even if he had a valid visa that has not been revoked is minimal,” Khazaeli also said. “If I were his immigration lawyer, I would tell him not to even try. He would then risk being detained at the border (by U.S. Customs and Border Protection) and detained here pending adjudication of these claims.”
The lawyers add that if Franco is convicted, he would be barred from entering the United States. Rosenthal's article was published before the AP report on the lesser charges, but that conclusion would apply even if the new charge is considered a “crime of violence” and carries a prison sentence of more than a year. In this scenario, it would still be considered a serious crime and result in a permanent ban from the United States. Franco has a five-year P-1A athlete visa, but Khazaeli says the burden is on the foreign citizen to prove they warrant admission. The Immigration and Nationality Act contains a provision that allows the government to deny entry to a foreign citizen if it determines that there are valid reasons for doing so.
Rosenthal also explored the possibility that the Rays would void the remainder of their contract with Franco, but there is no precedent for such an outcome. In November 2021, Franco and the Rays agreed to an 11-year, $182 million extension through 2032.
Major League Baseball also conducts its own investigations under the MLB/MLBPA domestic violence, sexual assault and child abuse policies. In matters relating to this agreement, the League will generally wait for the conclusion of a legal proceeding before disclosing its own conclusions. Even if Franco ultimately escapes legal consequences, the league still has the authority to impose disciplinary action.
Franco was placed on the banned list in August 2023 when the allegations first came to light. He was reinstated at the end of the season in a procedural move, but will likely be moved back there if the investigation continues as the 2024 season gets underway.