This week, Porter Fischer, the disgruntled Biogenesis employee responsible for the scandal first hitting the media, turned over company records to a federal grand jury. Records, it seems, that MLB investigators were unable to obtain, and may now never get.
Prosecutors are going after Biogenesis and its founder, Tony Bosch, for allegedly distributing banned substances to minors, among other things. And as Craig Calcaterra points out, it's near-impossible for a private business like MLB to get its hands on potential evidence in a federal case.
Why does this matter for baseball, which already has the (maybe coerced) cooperation of Bosch? We'll likely never find out exactly what evidence MLB has against the dozen players it suspended, but it clearly wants—read: doesn't have—Fischer's stash. Fischer has said MLB offered him six figures to turn over what he has. In July, MLB attempted to get a court order forcing him to give it up. Whatever MLB's case against Alex Rodriguez—and it'll need to be enough to convince an arbitrator—it's not complete.