Did Tejada commit fraud?

Miguel Tejada is under investigation for perjury already by the Department of Justice. Should we add a fraud count as well?

ESPN performed some background checks on Tejada, the new Houston Astros' shortstop and the 2002 American League MVP. They confronted him with evidence that his birthdate is May 25, 1974. The Astros' media guide lists his birthday as May 25, 1976.

Tejada walked away from the interview - see it on YouTube here - but later confessed to team officials that he's really 33, not 31. He convinced scouts he was 17 instead of 19 back in the Dominican Republic back in 1993, when he was originally signed.

"It was brought to our attention that the date we carry for Tejada, the year of birth, is incorrect," Houston GM Ed Wade told the Associated Press. "We told Miguel we were going to go ahead and make the appropriate changes and all the information was put forward. But the fact of the matter is he's playing like he was 25."

Sure, Tejada is getting it done on the field so far for the Astros -- .306 and three homers in 17 games entering April 19 -- but this has to be frustrating for the Houston brass. The day after they traded for him this offseason, he was named in the Mitchell Report as a possible user of performance-enhancing drugs. Now he suddenly aged two years. He'll make $13 million this season and in 2009.

If he wasn't performing, would the Astros have grounds for fraud to void his contract? Won't happen, but it would be an interesting debate. Any thoughts out there?

Photo: Shortstop Miguel Tejada of the Houston Astros flips the ball to Mark Loretta for force play against the St. Louis Cardinals on April 7, 2008 at Minute Maid Park in Houston. (Photo by Bob Levey/Getty Images)