“ They both have committed the same crime (if you want to call it that).”
Did they though? Ortiz probably failed a drug test, in a manner which the public (and Ortiz himself) do no know. ARod was busted for doping that, to quote the CEO of the U.S. Anti Doping Agency:
“probably the most potent and sophisticated drug program developed for an athlete that we’ve ever seen”
More damming is that fact that he blatantly lied about that to the public. His act was intentional. For all we know Ortiz unknowingly took a PED via a supplement (not uncommon given the unregulated nature of that industry).