Attorney Michael Rains, the lawyer of Barry Bonds, had a letter sent to the agent for authors Mark Fainaru-Wada and Lance Williams, the San Francisco Chronicle reported today, informing them of a lawsuit that will be filed seeking to have the profits from their book “Game of Shadow” forfeited.
According to the letter and a phone message, Rains will seek this action based on that the Grand Jury transcripts that the majority of the book appears to be based upon were illegally obtained and possessed under federal law. The suit is being filed under California’s Unfair Competition Law (UCL), which allows individuals to sue businesses for “Unlawful Business Acts or Practices.” The California Supreme Court ruled in 1992 that the UCL “borrows violations of other laws and treats these violations, when committed pursuant to business activity, as unlawful practices independently actionable under [The Unfair Compeition Law.]”
Rains indicated that he will ask a federal judge to initiate contempt proceedings in regard to the Grand Jury Transcripts and other confidential or sealed documents that the authors used in writing the book.
The lawsuit will also target the book’s publisher, Gotham Books, as well as the San Francisco Chronicle and Sports Illustrated, both of which published excerpts of the book prior to the book’s release.
Bonds has maintained throughout the controversy that he has never knowingly used steroids, though the book alleges that he began using many different ones in 1998. Fainaru-Wada reiterated today “we stand behind the book and its reporting, and are