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The Honolulu Advertiser
Updated at 10:12 a.m., Tuesday, July 22, 2008

Baseball: Despite smuggling conviction, agent has no regrets

By SARAH LARIMER
Associated Press Writer

MIAMI — Gus Dominguez negotiated the contract for the first Cuban player to defect to the United States. He opened his home to prospects fresh from the communist island and taught them about bank accounts.

Now he's locked up in a federal prison, serving a five-year sentence as the first sports agent convicted of illegally smuggling a Cuban player into the United States.

"It's been hard. I try really not to focus too much on it," said Dominguez in a recent phone interview. "I think I would be a little more depressed if I focused on it."

His plight has placed a pall over those agents who handle Cuban players — no one wants to end up like Dominguez.

"You'd have to be a complete idiot to try and smuggle a high-profile player into the country (now) and think you're going to get away with it," agent Joe Kehoskie said.

The son of Cuban immigrants, Dominguez worked in advertising before he helped land a contract for Rene Arocha, a Cuban player who walked away from his teammates at a Miami airport in July 1991.

Arocha went on to pitch for the St. Louis Cardinals. Dominguez went on to build a successful business in Los Angeles. His agency, California-based Total Sports International, represented several Cuban baseball defectors, including Seattle Mariners shortstop Yuniesky Betancourt.

But in 2006, Dominguez was accused of paying for five players to be smuggled by boat from Cuba in 2004.

At trial, defense attorneys tried to paint Dominguez as a man dedicated to helping oppressed Cuban ballplayers. Prosecutors said he went too far.

Dominguez was convicted in April 2007 in a Key West federal court. A judge received more than 30 letters from friends and family, including notes from Chicago Cubs catcher Henry Blanco, former Cardinals pitcher Jason Simontacchi and Hall of Famer Sandy Koufax. Dominguez received a sentence of five years, the mandatory minimum for alien smuggling.

His attorneys filed an appeal in the 11th Circuit Court in Atlanta last week, seeking to get the conviction overturned. His attorney, Susan Dmitrovsky, said the trial judge didn't allow him to present his defense — that "he never intended to do anything."

The U.S. Attorney's Office in Miami declined to comment on his appeal.

At the Taft Correctional Institution in California, Dominguez plays first base in a softball league, teaches math to GED candidates and sees his wife on Fridays. He knew there were risks involved when working with Cuban players, he said, but also understood the risk a player took when he crossed the Florida Straits.

"For the most part, I had a lot of fun," Dominguez said. "I had a lot of good people that I enjoy working with. Great players, really truly good people. Yeah, I would do it all over again. No matter what."