It IS evidence of betting.
It may not be ENOUGH evidence to get a grand jury to indict or a jury to convict. (Or even to support any charges at all.)
But......IF there's ever a trial or some tribunal in which the question presented is "Did Ohtani bet?" the likelihood that payments from his bank account to a bookie will be presented to the fact-finder is close to 100%.
At this point. We are all speculating what conclusions to draw from this "evidence." But to say that "payments to a bookie from your bank account is not evidence of betting" is not accurate.
You've made this point a few times, and I'd like to take a moment to echo it - because it seems to be overlooked.
I think a very easy analogy to answer "what is evidence?" is American football. If a fact does not move the ball down the field it's
not relevant to the matter at hand, and so is not evidence. If a fact can move the ball down the field in either direction it's
probative (tending to prove) evidence. You can then characterize how strong that evidence is, and what direction it moves the ball in.
We plug that basic understanding of probative evidence into a few different paradigms with wildly different standards: 1) what it takes to make us personally suspicious, 2) what it takes to personally convince us of something, 3) what it takes for the cops/MLB to start an investigation (probable cause), 4) what it takes to convince MLB to impose penalties (convincing the commissioner), 5) what it takes to convict someone in a court of law (proof beyond reasonable doubt.)
Often this gets confused when people use words like "proof" as in "X does not prove anything." What does that even mean? It may be enough to trigger someone's private personal suspicions, or start an investigation, or convince Manfred. . .but not enough to convince a criminal jury.
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Here, there's multiple source reporting (which is also not denied by Ohtani) that $4.5M of Ohtani's money went from Ohtani's account to an illegal bookie. That's probative evidence. But what's it evidence
of? What does it tend to prove or establish?
Well, firstly, the fact is probative of the fact itself (sounds tautological, but hear this out). Which means that if it were a crime (or MLB-sanctionable activity) to merely wire money to an illegal bookie, Ohtani's in trouble - nothing more need be established/proven. We're done. It's also enough to raise private/personal/law enforcement suspicion. Because in a common-sense context, people usually wire money to illegal bookies for illegal gambling.
But how far does that fact go? Well, it's more likely a crime/sanctionable to
knowingly wire money to a bookie. In which case the fact is still suspicion triggering, but is now only probative to something short of the goal-line. Now it's a matter of determining his knowledge of what the money was for, or that the recipient was a bookie. "What did they know" is a fairly common issue in civil/criminal law, and I'm here to tell you it's almost always proved by inference. Meaning, a fact-finder can look at the overall circumstances and
guess as to what was most likely the subjective knowledge that Ohtani had at any point. A confession is not required.
So where does that leave us here?
Well, in all contexts it's enormously probative evidence that money was wired from Ohtani's account to an illegal bookie for gambling debts. In some contexts, that standing alone is enough to establish Ohtani bet, and the debts were his.
However, while Ohtani does not quite manage to deny that he personally wired the money, he does claim that some or all of that money (or other money?) was stolen (theft) or tricked (fraud/defrauded) from him. But he does not say how. That very vague assertion could mean several things: Mizuhara accessed the accounts without permission, or Mizuhara lied to Ohtani about what the money was for, or Mizuhara exaggerated something.
In a criminal context, Ohtani does not have to prove anything - the state/prosecution would have to prove everything to a jury beyond a reasonable doubt. But in terms of public opinion and MLB sanctions, the standard is lower, and Ohtani does have a burden. By putting this narrative out there, Ohtani has invited his story to be weighed and examined.
I'd sum this up (at the moment) by saying:
1) The bare fact of the wire transfer moves the ball strongly down the field toward Ohtani gambling. It's probative evidence.
2) Ohtani's counter narratives moves the ball back to just short of the goal line - but how far?
3) Ohtani's best explanation has gaps and omissions. (Again, those might be filled in, but have not been filled in yet.) The play is disputed, if you will.
4) Ohtani also has multiple counter-narratives that are contradictory, and the explanation for how that contradiction came about is currently lacking. (There may be a convincing explanation for it, but nothing of the sort has been put forward by Ohtani at this time.)
What the conversation is doing here is actually valuable and useful. It's testing possibilities and pointing out issues in 3 and 4. But we have to be very careful to remember that none of this is going to impact # 1.
Moreover (and this is where the football analogy breaks, down, though a linear analogy holds) things may come to light that move the ball outside of whatever Ohtani says or does not say. If, for example, there's a single text between Mizuhara and Ohtani that discusses Mizuhara gambling.