Armstrong investigation
ilan
public, I don't see how there is any chance of successfully
prosecuting Lance Armstrong. I find ridiculous how hyped up Novitzky's
role has been. In the Balco case, the drug ring was ongoing and was
happening literally across the street from his house, so he could
personally find new evidence as it was being produced. In this case,
the supposed events happened 10 years ago and in several different
countries on a different continent, so there can be no active
investigation into current drug related wrongdoing.
The case therefore has to be based on 10 year old physical evidence,
if it can be found, and on personal testimony. It appears that there
is almost no physical evidence inculpating Armstrong, the 1999 AFLD
samples were obtained fraudulently (as determined by the independent
UCI investigation), so should not be admissible, or should be easily
refuted if they are. The personal testimony is also inherently
suspect, as anyone testifying against Armstrong will be contradicting
previous statements supporting Armstrong, so will be a proven liar.
The main persons testifying against Armstrong, Floyd Landis and Tyler
Hamilton both tested positive when they were on other teams than USPS,
but the focus of the investigation for defrauding the US government is
on USPS practices, for which no physical evidence has been presented.
Moreover, note that in the 7 years that Armstrong won the Tour de
France, there were hardly any drug scandals, and in fact, the
Armstrong period was neatly in between the two greatest recent
scandals of 1998 and 2006. Given Riis's confessions, the Pantani
medical evidence, and the Rasmussen eviction of 2007, the 1996,1998,
2006, 2007 were all won or won then lost by dopers. I believe that
USPS only had 2 positive tests during the Armstrong wins by
domestiques, e.g., Benoit Joachim.
So alll current physical evidence shows that the Armstrong wins stand
out with respect to the surrounding years as being particularly
untainted by drug use.
As I stated, unless there is some new element which hasn't been
revealed, I don't see how this case should even go to trial.
-ilan
BL
Plano Dude
http://en.wikipedia.org/wiki/List_of_doping_cases_in_cycling
1999
Uwe Ampler tested positive for steroids and high testosterone level
during the Sachsen Tour in August 1999. He admitted his error, blaming
a cocktail of drugs taken during a bout of influenza.[174]
Frankie Andreu admitted in September 2006 that he had taken EPO to
help prepare for the 1999 Tour de France, when he was riding for the
US Postal team.[175][176]
Lance Armstrong tested positive for corticoids during the 1999 Tour
de France. The small amounts of corticoids in a urine sample were
explained by the prescription for skin cream (saddle sores / boil /
allergy) that he subsequently presented to the UCI, thus he was
cleared of any offence.[177]
Ludo Dierckxsens was removed from the Tour de France by his Lampre
team after winning the 11th stage. At the post race drugs test he told
the race doctor about his use of the corticoid Synacthene
(Tetracosactide) under prescription to treat a knee injury from the
previous month.[178]
Claus Michael Møller of the Dutch TVM team tested positive for banned
substances and received a 2 year ban[179]
Marco Pantani, winner of 1998 Giro d'Italia and Tour de France, faced
an automatic two-week suspension while leading the 1999 Giro d'Italia
for a suspiciously high red blood cell count which suggested that the
rider had taken the banned substance EPO.[180] He died of a cocaine
overdose in 2004.
Laurent Roux is a French former road bicycle racer. In 1999, he was
found guilty of using amphetamines and was suspended for six months.
[181] In 2002, he was tested non-negative for amphetamines after an
out of competition control.[182] In 2006 he also confessed at a doping
trial in Bordeaux that he used EPO, human growth hormone, cortisone
and testosterone.[181]
1999 Tour de France - In 2005 the French sports daily L'Équipe accused
Lance Armstrong of using the performance-enhancing drug EPO during
1999 Tour de France. For years, it had been impossible to detect the
drug, called erythropoietin, until UCI began using a urine test for
EPO in 2001. According to the newspaper, tests on 1999 urine samples
were done to help scientists improve their detection methods. The
newspaper said 12 samples had revealed EPO use, including six from
Armstrong.[183][184] In 2006 a UCI appointed independent lawyer, Emile
Vrijman, released a report in 2006 claiming that Lance Armstrong
should be cleared of any suspicion surrounding the retrospective
testing of the 1999 Tour de France. Vrijman denounced the manner in
which the doping laboratory in Châtenay-Malabry carried out its
research, claiming that there were too many procedural and chain of
custody gaps.[185][186] The World Anti-Doping Agency (WADA) rejected
it, calling it defamatory to WADA and its officers and employees, as
well as the accredited laboratory involved.[187]
In 2005, French daily 'Le Journal du Dimanche' reported that Spanish
rider Manuel Beltrán, Danish Bo Hamburger and Colombian Joaquim
Castelblanco were suspected of being among those whose frozen urine
samples reportedly tested positive.[188]
[edit] 2000
Eugeni Berzin was prevented from starting the 2000 Giro d'Italia
because of Haematocrit level (due to the use of EPO) above 50%[189]
[190]
Neil Campbell tested positive at a World Cup track meeting in Turin
on 13 July and at the British Championships on 29 July. Both samples
showed higher concentrations of human chorionic gonadotrophin (HCG)
than permitted.[191]
Jan Hruška from the Czech Republic was thrown out of the 2000 Sydney
Olympic Games after testing positive for an unspecified banned
substance.[192]
Emmanuel Magnien of France was banned for three months by the
International Cycling Union (UCI) after testing positive for
corticoids during Tour de France.[192][193]
Tammy Thomas, US track cyclist, tested positive for testosterone at
the 2000 US Olympic trials, and in 2001 tested positive for a
previously unseen steroid Norbolethone. She received a lifetime ban
from the sport.[194]
[edit] 2001
Niklas Axelsson tested positive for EPO in the 2001 UCI Road World
Championships in Lisbon and later admitted his guilt.[195] He was
suspended for four years by the Swedish Cycling Federation but made an
early comeback in 2004.
Riccardo Forconi tested positive for blood doping/EPO use prior to
the Giro d'Italia.[196]
Dario Frigo was expelled from the Giro d'Italia after police
discovered banned substances in his hotel room.[197][198] In 2005 he
was arrested and banned from the Tour de France after police found 10
doses of erythropoietin (EPO) in his wife's car.[199]
Marcin Gebk of Poland was excluded from the 2001 Peace Race after
failing a hematocrit test prior to the event. He was one of three
riders for the Polish CCC Mat team who received a two week ban.[200]
Bjoern Glasner of Germany and Team Cologne was excluded from the 2001
Peace Race after failing a hematocrit test prior to the event. He
received a two week ban.[200]
Bo Hamburger becomes the first rider to test positive for EPO under a
new system introduced by the UCI in 2001. Hamburger was later
acquitted by the Danish Sports Federation after irregularities in the
handling of Hamburger's B sample analysis.[201] Hamburger denied ever
taking any banned substances, but in 2007 he published a book and
revealed that he took EPO from 1995 to 1997.[202]
Pascal Hervé tested positive for EPO after the prologue in 2001 Giro
d'Italia.
Roland Meier from Switzerland tested positive for EPO at the end of
la Flèche Wallonne on April 18. The Swiss Cycling Federation (SRB)
stated that the B sample 'counter-evaulation' was carried out by the
IUML (University Institute of Forensic medicine) in Lausanne and it
confirmed the first analysis.[203] He was suspended for 8 months by
the SRB.[204]
In 2002 Gianpaolo Mondini was sacked from US Postal after it was
known that police found EPO and growth hormones in his hotel room
during 2001 Giro d'Italia. He admitted using illegal substances.[205]
Marco Pantani was banned for six months after an insulin syringe was
found in his room at the Giro d'Italia. On appeal the ban was lifted.
[206][207]
[208]
Piotr Przydzial of Poland was excluded from the 2001 Peace Race after
failing a hematocrit test prior to the event. He was one of three
riders for the Polish CCC Mat team who received a two week ban.[200]
Ondřej Sosenka of the Czech Republic was excluded from the 2001 Peace
Race after failing a hematocrit test prior to the event. He was one of
three riders for the Polish CCC Mat team who received a two week ban.
[200][209]
Tammy Thomas, US track cyclist, tested positive for a previously
unseen steroid Norbolethone. She received a lifetime ban from the
sport.[194]
2001 Giro d'Italia - The Giro was overshadowed by a series of scandals
related to doping. Police raided the hotels of several teams during
the race, uncovering a variety of banned substances. Italian Dario
Frigo, who was fighting for the race lead at the time, was expelled
from the race as a result.[210] The week prior to the raid saw Pascal
Hervé and Riccardo Forconi expelled from the race after testing
positive for EPO. Italian police carried out anti-drugs raids on a
number of hotels in the town of San Remo where the participants of the
race were staying. About 200 officers were involved in the raid.
Police officers search the rooms of riders from all 20 teams,
confiscating medicines. The organizers decided to cancel the 18th
stage after second-placed Dario Frigo was sacked by Fassa Bortolo team
after illegal drugs were found in his room. Frigo later admitted
carrying them as security in case he needed a boost during the final
stages of the race. Italian Marco Pantani was banned for six months
after an insulin syringe was found in his room. On appeal the ban was
lifted.[206][207][208]
[edit] 2002
Nicola Chesini was detained by Italian police as part of an
investigation into the supply of performance-enhancing drugs during
the 2002 Giro d'Italia. Chesini was taken from his hotel near Cuneo
after the fifth stage of the Giro d'Italia.[211]
Stefano Garzelli, the 2000 Giro d'Italia winner, tested positive for
the banned diuretic and masking agent probenecid, and was expelled
from the Giro d'Italia. He was given a nine-month ban.[212][213]
Jef D'hont was a masseur to professional cycling teams. In 1998 he
was involved in the doping scandal during the Tour de France (festina
affair). For his involvement in doping in the team Française des Jeux,
he got a 9-month prison term on probation in December 2000. In April
2007 he exposed the doping practises of the Team Telekom in the 1990s,
and admitted his own use of amphetamines in 1963.[214][215]
David McCann, from Northern Ireland, tested positive for the
Norandrosterone in 2002 during the Tour of Austria, which returned a
reading 3 nanograms above the permitted level of the substance.
Laboratory tests showed a legal glutamine supplement he was using
contained norandrosterone not listed on the label. This evidence led
to him being given the minimum allowed six month suspension and fined
2000 Swiss Francs.
Gianpaolo Mondini was sacked from US Postal after it was known that
police found EPO and growth hormones in his hotel room during 2001
Giro d'Italia. He admitted using illegal substances.[205] The Italian
National Olympic Committee (CONI) demanded suspension of up to four
and a half years for possession and use of the drug EPO and possession
of insulin.[216]
Lars Brian Nielsen tested positive for high levels of caffeine and
was removed from the Danish National Team for the World Championships
in Ballerup in September.[217][218] It was the second time Nielsen has
been caught. In 1997 he was found to have taken nandrolone and was
suspended for two years.[218]
Kirk O'Bee of Ada, Michigan tested positive for an elevated
testosterone-epitestosterone ratio at the 2001 USPRO Championships in
Philadelphia on 10 June 2001 and received a 1 year suspension.[219]
O'Bee declared that his positive drug test "resulted from a special
training regimen recommended by his coach, which involved dietary
supplements and exercise."[220]
Juan Pineda of the USA tested positive for 19-norandrosterone and 19-
noretiocholanolone at the First Union Invitational in Lancaster,
Pennsylvania on 4 June 2002. He received a 2 year suspension on 25
September 2002 from the USADA.[221][222]
Piotr Przydzial from Poland (CCC-Polsat) tested "non-negative" for
EPO, at the 55th Peace Race/Course de la Paix in the Czech Republic.
He was tested after the fourth stage that finished in Chemnitz on 13
May 2002. Both Przydzial's A and B samples showed signs of EPO and he
faced a two year ban. Prior to the start of the 2001 Peace Race,
Przydzial and Sosenka failed a hematocrit test (above 50%) and were
not allowed to start.[223]
Raimondas Rumsas was given a four-month suspended prison sentence in
January 2006 by the Bonneville court for the importation of prohibited
doping substances during the 2002 Tour de France where he finished
third. His wife Edita was given the same sentence with a 3,000 euros
fine on identical charges, while Polish doctor Krzysztof Ficek was
handed a 12-month suspended sentence for prescribing the drugs.[224]
Edita Rumsas was arrested and gaoled for 3 months after French police
discovered a cocktail of performance-enhancing drugs including growth
hormone and EPO in her car. She had claimed that the drugs were for
her mother-in-law.[225][226]
Stefan Rütimann of Switzerland was given a 4-year ban by the Swiss
Olympic Committee (COS) after testing positive for testosterone on May
5 during the Tour de Romandie. Rütimann declined to have his B test
analysed, and was given a heavy suspension as he had also tested
positive for banned substances in May 2001, when he was suspended for
seven months.[227]
Roberto Sgambelluri was expelled from the Giro d'Italia after
becoming the first professional cyclist to be caught using NESP, a
stronger and longer lasting form of EPO. However, NESP is not produced
naturally by the body, and is therefore easy to detect by doping tests
as it stays in the body for a long time.[228]
Gilberto Simoni, the 2001 Giro d'Italia winner, tested positive for
cocaine and was withdrawn from the Giro d'Italia, but was later
cleared by the Italian Cycling Federation.[229]
Frank Vandenbroucke was arrested after the Belgium state highway
patrol intercepted Bernard Sainz for travelling in excess of the speed
limit and found a large quantity of amphetamines and syringes in the
car. Sainz, known in the cycling world as Doctor Mabuse, said he was
leaving Frank Vandenbroucke's home, which lead to the police searching
the cyclist's residence, where they found EPO, morphine and
clenbuterol.[230] On 21 March Vandenbroucke was handed a six month ban
and a 10,000 Swiss francs fine by the Belgian federation.[231][232]
Faat Zakirov was expelled from the Giro d'Italia after becoming the
first professional cyclist to be caught using NESP, a stronger and
longer lasting form of EPO. However, NESP is not produced naturally by
the body, and is therefore easy to detect by doping tests as it stays
in the body for a long time.[233][234][235] He received a one-year ban
plus a one-year suspended ban from the Court of Arbitration for Sport
(CAS), the International Cycling Union (UCI) announced on 17 April
2003.[236]
[edit] 2003
Mario De Clercq of Belgium was implicated in a doping affair
involving both trafficking and taking banned performance-enhancing
drugs, human growth hormone and Aranesp, a genetically engineered
recombinant EPO. The ring included six riders plus four others
including the chief defendant, Belgian veterinarian Jose Landuyt. De
Clercq used human growth hormone and Aranesp, a synthetic drug which
increases red blood cell levels, which Museeuw obtained from Landuyt.
On 24 January 2007, Museeuw confessed to these charges.[237] The court
proceedings were adjourned until 23 September 2008, pending a ruling
from the Constitutional Court on the point of law.[238]
Igor González de Galdeano of Spain missed the Tour de France because
of a six-month doping ban imposed on him by France's Council for
Prevention and Fight against Doping (CPLD) after testing positive for
Salbutamol during the 2002 Tour de France, as well after the final
stage of the 2002 Midi Libre.[239][240] The UCI did not consider the
Tour de France positive as a doping offense, and began a face-off with
the World Anti-Doping Agency (WADA), which insisted the case was
indeed one of doping. The UCI declared that there was no limit placed
on the amount salbuamol used under prescription.[241]
Philippe Gaumont of France admitted during police interrogation to an
ongoing pattern of EPO use that continued into the 2003 Tour de
France[242] This was the end of a career in which in 1996 he tested
positive for nandrolone in two races. In 1998 he tested positive twice
for the nandrolone drug, but the case was dismissed. In 1999, a blood
test conducted in the "Docteur Mabuse" justice case showed he was
positive for amphetamines. In 2005 he wrote a book, Prisonnier du
dopage ("Prisoner of doping") describing doping methods, masking
methods and financial pressures.[243]
Geneviève Jeanson of Canada recorded a hematocrit level in excess of
the allowable limit while with the Canadian National Team preparing
for the World Championships in Hamilton, Ontario, in late 2003. She
was required to withdraw from competition for two weeks. She explained
the finding by reference to an oxygen tent which she used as part of
her conditioning and training program. After years of denial, in an
investigative documentary broadcast on Radio-Canada (the French-
language CBC) on 20 September 2007, Jeanson acknowledged having taken
EPO more or less continuously since age 16 (circa 1998).[244][245]
Jesús Manzano of Spain admitted doping during the 2003 season. The
UCI summary of 'Decisions on Anti-Doping Rule Violations made in 2007'
stated that he was "Acquitted for legal reasons."[246] He is famous as
the whisteblower of systematic doping in Spanish cycling and his
statements led the Guardia Civil to conduct the Operación Puerto
investigation around the sport doctor Eufemiano Fuentes.
Johan Museeuw of Belgium was implicated in a doping affair accusing
him of both trafficking and taking banned performance-enhancing drugs.
The ring included six riders (Mario De Clercq, Jo Planckaert and Chris
Peers) plus four others including the chief defendant, Belgian
veterinarian Jose Landuyt. Museeuw used human growth hormone which he
obtained from Landuyt. The police recorded phone calls where Museeuw
spoke of wasps(the Dutch word wesp rhymes with aranesp), a codeword
for Aranesp, a synthetic drug which increases red blood cell levels.
On 24 January 2007, Museeuw confessed to these charges.[237] The court
proceedings were adjourned until 23 September 2008, pending a ruling
from the Constitutional Court on the point of law.[238]
Scott Moninger of the USA was suspended for one year due to
contaminated supplements which contained the banned substance - 19-
norandrosterone. These supplements were bought off the shelf of the
local Boulder, Colorado supplement store. It was later proven by lab
results from the same batch of supplements that the banned substance
was not labeled on the product container. Although Moninger was
suspended, he is considered to be a clean rider by his peers.[247][248]
[249]
Amber Neben of the USA tested positive for the banned substance 19-
norandrosterone after the Montreal World Cup race. Neben chose to
appeal the case to the Court of Arbitration for Sport and, in the
meantime, accepted a provisional suspension which began in mid-July
2003. She claimed that it was the result of taking supplements which
were contaminated with the banned substance. A formal hearing of the
North American CAS Panel reported in October 2003, that a doping
violation had occurred, but further stated that it was not an
intentional doping violation. She was suspended for 6 months from any
race activity dating back to the beginning of her voluntary
withdrawal. In December 2007 Neben filed a lawsuit in a California
district court against Hammer Nutrition, maker of Endurolytes,
alleging that the product contained unlisted substances that caused
all three plaintiffs to produce positive doping tests.[250]
Chris Peers was implicated in a doping affair involving both
trafficking and taking banned performance-enhancing drugs, human
growth hormone and Aranesp, a synthetic drug which increases red blood
cell levels. The ring included six riders plus four others including
the chief defendant, Belgian veterinarian Jose Landuyt. On 24 January
2007, Johan Museeuw confessed to the charges.[237] The court
proceedings were adjourned until 23 September 2008, pending a ruling
from the Constitutional Court on the point of law.[238]
Jo Planckaert of Belgium was implicated in a doping affair involving
both trafficking and taking banned performance-enhancing drugs, human
growth hormone and Aranesp, a synthetic drug which increases red blood
cell levels. The ring included six riders plus four others including
the chief defendant, Belgian veterinarian Jose Landuyt. On 24 January
2007, Johan Museeuw confessed to the charges.[237] The court
proceedings were adjourned until 23 September 2008, pending a ruling
from the Constitutional Court on the point of law.[238]
Mark Roland of Australia was suspended for 2 years by the Australian
Sports Anti-Doping Authority (ASADA) in September 2008 for having used
prohibited substances in 2003 and 2004, although he never tested
positive. He was found to have used human growth hormone on two
occasions in 2003 and the anabolic steroid Dehydroepiandrosterone
(DHEA) twice in 2003 and once in 2004. The World Anti-Doping Agency
applies an eight year statute of limitations.[251]
Raimondas Rumsas of Lithuania received a one year-ban after testing
positive for EPO during the 2003 Giro d'Italia, in which he finished
sixth overall.[252]
Adham Sbeih of the USA, a former U.S. national time trial champion,
tested positive in August 2003 for EPO. He was the first U.S. cyclist
to be found guilty of taking EPO, He received a two year ban.[253]
Oil for Drugs was an Italian doping case against doctor Carlo
Santuccione and a number of accomplices, started in 2003. He was
accused of administering prohibited doping products to professional
and amateur athletes, to enhance their performance as well as being
involved in doping network across Italy.[254]
Unexpected deaths - It should be noted that during 2003 and the 2004
off season eight riders died from heart attacks:
Denis Zanette of Italy, died on 11 January 2003, aged 32. Zanette
collapsed after visiting the dentist.[255]
Marco Ceriani of Italy, died on 5 May 2003, aged 16. An elite
amateur, Ceriani experienced a heart attack during a race, was
admitted to hospital in a coma, and failed to recover consciousness.
[255]
Fabrice Salanson of France, died in his sleep at the age of 23 on the
eve of the Tour of Germany in Dresden. Race director Roland Hofer said
the Brioches La Boulangere rider was found in his hotel room and had
died between 0230-0400 local time (0030-0200 GMT). The post mortem
found no illegal substances in his body - a conclusion reinforced by
the International Olympic Committee's laboratory in Kreska.[239][255]
[256]
Marco Rusconi of Italy died on 14 November aged 24. He was leaving a
party when he collapsed and died in a shopping centre car park.[255]
Jose Maria Jimenez of Spain died on 6 December aged 32. He suffered a
heart attack in a psychiatric hospital in Madrid. Had retired two
years previously but consistently claimed a comeback was imminent.
[255]
Michel Zanoli of the Netherlands died on 29 December aged 35. He had
retired in 1997 and suffered a fatal heart attack.[255]
Johan Sermon of Belgium died on 15 February 2004, aged 21. He
suffered an apparent heart failure in his sleep having reportedly gone
to bed early to prepare for an eight-hour training ride.[255]
Marco Pantani of Italy died on 15 February 2004, aged 34. He died
from a cocaine overdose. Post mortem listed complex drug abuse.[255]
[edit] 2004
David Fuentes of California tested positive for an anabolic steroid
at the Redlands Bicycle Classic. He protested the USADA and
controversially raced, and won, during this protest period. He was
ultimately found guilty and sentenced to a two year suspension that
included the year of protest in which he raced and won. He was never
ordered to return any of his winnings.
Lizandro Ajcú of Guatemala tested positive for Erythropoietin in the
46th Vuelta a Guatemala in 2005.[257]
Joey D'Antoni, received a 2 year suspension on 24 September from the
United States Antidoping Agency. The track racer from Raleigh, North
Carolina, tested positive for recombinant human Erythropoietin (rHuEPO)
[253]
Christophe Brandt of Belgian tested positive for methadone during the
Tour de France. He believed the test was a result of a tainted
nutritional supplement that he had taken to cure a liver problem. The
chemist who had prepared Brandt's prescription confirmed he had been
working with methadone on the same day that he had prepared Brandt's
prescription. His Lotto team fired him, but after he was exonerated by
the Belgian Cycling Federation he was rehired.
Dave Bruylandts of Belgium tested positive for EPO use in 2004 and
was banned for 18 months.[258][259]
David Calanche of Guatemala tested positive for Erythropoietin in the
46th Vuelta a Guatemala in October 2004.[257]
María Luisa Calle of Colombia lost her bronze medal after testing
positive for heptaminol. The Colombian Olympic Committee appealed the
decision, and in November 2005 she got her medal back.
Oscar Camenzind of Switzerland tested positive on 22 July for the
banned drug EPO and was barred from attending the Olympic games.
Although he accepted full responsibility for the positive test, his
cycling career became questionable after being fired by his Swiss
professional cycling team Phonak. Soon after this occurrence, he
announced his retirement from professional cycling.[260][261]
Stefano Casagranda and Martin Hvastija were asked to leave the 2004
Tour de France after race organisers received a letter from Padova's
financial brigade, saying the riders were under investigation in Italy
on doping charges.[262]
Yeisson Delgado of Venezuella tested positive for Erythropoietin in
the 46th Vuelta a Guatemala in October 2004.[257]
Carlos López González of Mexico tested positive for Erythropoietin in
the 46th Vuelta a Guatemala in October 2004.[257]
Abel Jocholá of Guatemala tested positive for Erythropoietin in the
46th Vuelta a Guatemala in October 2004.[257]
Danilo Di Luca was not eligible to participate in the Tour de France
as he was under investigation by Italian officials for doping. Di Luca
was recorded in several phone conversations with Eddy Mazzoleni in
which he allegedly talked about doping products, the investigation led
to Di Luca's non-participation in the 2004 Tour de France.[263][264]
Tyler Hamilton won the gold medal in the men's individual time trial
at the 2004 Summer Olympics in Athens. That medal was placed in doubt
on 20 September 2004, after it was revealed that he had failed a test
for blood doping (receiving blood transfusions to boost performance)
at the Olympics. Two days after the announcement of his positive test
result at Athens, the IOC announced that Hamilton would keep his gold
medal because results could not be obtained from the second, backup
sample. The Athens lab had frozen the backup sample, which made it
impossible to repeat the blood doping test.[265] Hamilton also tested
positive for blood doping at the 2004 Vuelta a España, where he won
April 8 stage. In April 2005 he was banned for 2 years for blood
doping.[266] The UCI summary of 'Decisions on Anti-Doping Rule
Violations made in 2006' stated that for Homologous Blood Transfusion
he would be sanctioned to "disqualification and ineligibility for 2
years".[267]
Jesus Manzano of Spain exposed doping practices in a series of
articles in the Spanish newspaper Diario AS in March 2004. This
included his use of EPO, Cortisone, Testosterone, Human Growth
Hormone, Nandrolone, Oxyglobin, and the extreme practices to
administer them.[268] The revelations were so strong that Spanish
investigations were begun, and these in turn lead to Operación Puerto.
Filip Meirhaeghe the Belgian Mountain biker, tested positive for EPO
at an out of competition control on June 25, two days before round 5
of the mountain bike World Cup in Mont St Anne, Canada, which he won.
The 33 year old World Champion told the Belga newsagency that he will
stop competitive cycling immediately.[269]
Noel Armando Vazquez Mendoza of Venezuella tested positive for
Erythropoietin and Nicethamide in the 46th Vuelta a Guatemala in
October 2004.[257] In July 2005 he was sanctioned by the Federacion
Venezolana De Ciclismo, involving a four year suspension from 10
November 2004 to 9 November 2008, disqualification of the race, and a
fine of CHF 1,000.[270]
David Millar of Great Britain was preparing for competition in the
2004 Tour de France and track events at the 2004 Summer Olympics when
police searched his house in June 2004, finding used Epogen syringes.
Millar confessed to the use of EPO on three occasions: in August 2001
before the Vuelta a España, in May 2003 before the Critérium du
Dauphiné Libéré and in September 2003 before the World men's
individual time trial championships. He was handed a two-year
suspension.[271]
Janet Puiggros Miranda of Spain became the second Spanish athlete to
commit a doping offence at the Olympics after also testing positive
for EPO during a pre-Olympic test. Like Gonzalez, she was withdrawn
from competing (in the Women's Cross-Country race). She also denied
the administration of a "B Test", which is used to verify the first
drug test.
Federico Muñoz of Colombia tested positive for Erythropoietin in the
46th Vuelta a Guatemala in October 2004.[257]
José Reynaldo Murillo of Spain tested positive for Erythropoietin in
the 46th Vuelta a Guatemala in October 2004.[257]
Santiago Pérez of Phonak team tested positive for a blood transfusion
on 5 October, just over a week after he finished second in the 2004
Vuelta a España.[272]
Nery Velásquez of Guatamalla tested positive for Erythropoietin in
the 46th Vuelta a Guatemala in October 2004.[257]
Jeremy Yates of New Zealand who spent two years racing for Belgian
teams, tested positive for high levels of testosterone after a race in
Wanzele in March. The Belgian cycling federation banned him for two
years plus a fine of $NZ900 plus costs.[273]
[edit] 2005
Erwin Bakker of the Netherlands tested positive for Testosterone at
Mont Sainte-Anne, Canada, on 26 March 2005, and for EPO on 23 June
2005 at an out of competition control. He was disqualified and sacked
by his team, Heijdens-Ten Tusscher.[274] The UCI summary of 'Decisions
on Anti-Doping Rule Violations made in 2006' stated both
"disqualification and ineligibility for 2 years and life" respectively.
[267]
Roberto Ballestero of Costa Rica tested positive for Phentermine on
23 December 2005. The UCI summary of 'Decisions on Anti-Doping Rule
Violations made in 2006' stated "disqualification and ineligibility
for 2 years".[267]
Marc Lotz of The Netherlands resigned at Quick·Step - Innergetic on 1
June when EPO was found in his house and he admitted using. The team
accepted his resignation and he was suspended for two years in general
and for four years for the UCI Pro-Tour. On October 3, 2008 the
Belgium court gave him a 16,500 Euro fine for possession of EPO.
Ludovic Capelle tested positive for EPO at a race on 7 June. He was
initially suspended for 18 months by Belgian Cycling Federation but
Capelle appealed his ban on a technicality. In the middle of December
the Belgian Council of State overturned the suspension and Capelle was
cleared on a procedural error of a testing officer.[275]
Maurizio Carta of Poland tested positive for Clostebol on 24
September 2005. The UCI summary of 'Decisions on Anti-Doping Rule
Violations made in 2006' stated "disqualification and ineligibility
for 2 years".[267]
Ferney Orlando Bello Clavijo of Colombia tested positive for
Stanozolol on 9 August 2005. The UCI summary of 'Decisions on Anti-
Doping Rule Violations made in 2006' stated "disqualification and
ineligibility for life".[267]
Barry Forde of Barbados tested positive for Testosterone on 28
October 2005. The UCI summary of 'Decisions on Anti-Doping Rule
Violations made in 2006' stated "disqualification and ineligibility
for 2 years and 2 months".[267]
Evgeni Petrov was ejected from the 2005 Tour de France on stage 10.
Tests carried out in the morning found his haemetocrit to be over the
legal 50% level. He was banned from cycling for two weeks 'for health
reasons'.[276]
Dario Frigo, was ejected from the 2005 Tour de France before the
start of stage 11. Police found ten doses of EPO in his wife's car as
part of a border-crossing search. The couple were arrested for
carrying prohibited substances.[277] In September 2008 the court in
Albertville gave him and his wife, Susanna, a six-month suspended
prison sentence and an €8757 fine.[278]
Fabrizio Guidi tested positive for EPO on 17 August. The test was
taken at the HEW Cyclassics on 31 July.[279] Guidi's B test came back
negative for EPO and the team's temporary suspension against him was
lifted.[280]
Fredy Hamlet of France tested positive for Heptaminol on 16 July
2005. The UCI summary of 'Decisions on Anti-Doping Rule Violations
made in 2006' stated "disqualification and ineligibility for 1 year".
[267]
Nelito Hereida of the Dominican Republic tested positive for EPO on
17 September 2005. The UCI summary of 'Decisions on Anti-Doping Rule
Violations made in 2006' stated "disqualification and ineligibility
for life".[267]
Roberto Heras, the winner of an unprecedented fourth Vuelta a España,
tested positive for EPO prior to the penultimate stage of the 2005
Vuelta a España.[281] He was stripped of his 2005 Vuelta win and the
victory was given to Russian Denis Menchov. The UCI summary of
'Decisions on Anti-Doping Rule Violations made in 2006' stated
"disqualification and ineligibility for 2 years".[267]
Danilo Hondo of Germany tested positive for the stimulant Carphedone
at the Vuelta de Murcia and subsequently received a 2 year suspension.
[282]
Giorgio Landaeta of Venezuela tested positive for Norandrosterone and
Noreticholanolone on 30 August 2005. The UCI summary of 'Decisions on
Anti-Doping Rule Violations made in 2006' stated "disqualification and
ineligibility for 2 years".[267]
Iñigo Landaluze, made his breakthrough by winning the 2005 Critérium
du Dauphiné Libéré, but it was soon announced he had tested positive
for abnormally high testosterone and was suspended from racing until
his case was heard out. In 2006, however, he was cleared to return to
racing after he showed that the lab conducting tests committed
procedural errors. The UCI then failed to show that those errors did
not affect the outcome of the tests. The CAS panel reviewing the case
said that it was "probable" that Landaluze had committed a doping
violation, but the UCI had failed to meet its burden of proof in the
case. New revisions to the WADA Code would suggest that Landaluze
would have lost his case under the new rules.[283] The UCI summary of
'Decisions on Anti-Doping Rule Violations made in 2006' states
'Acquitted for legal reasons'[267]
Jenaro Ramos Lozano of Spain tested positive for Stanozolol on 8
April 2005. The UCI summary of 'Decisions on Anti-Doping Rule
Violations made in 2006' stated "disqualification and ineligibility
for 2 years".[267]
Gabriel Pop of Romania "Failed to Comply" with test procedures on 22
April 2005. The UCI summary of 'Decisions on Anti-Doping Rule
Violations made in 2006' stated "ineligibility for 2 years".[267]
Jorge Coto Riviera of Costa Rica tested positive for testosterone on
23 December 2005. The UCI summary of 'Decisions on Anti-Doping Rule
Violations made in 2006' stated "disqualification and ineligibility
for 2 years".[267]
Sandro Rodriguez of Bolivia tested positive for Norandrosterone on 10
November 2005. The UCI summary of 'Decisions on Anti-Doping Rule
Violations made in 2006' stated "ineligibility for life".[267]
Francisco Pérez Sanchez tested positive twice for EPO during the 2003
Tour de Romandie when he won two stages and took the overall lead in
spectacular fashionrace. He was suspended for 18 months from 18
October 2003 to 17 April 2005.[284]
Zinaida Stahurskaya, the former world champion from Belarus tested
positive at three European races in 2005, - once to anabolic steroid
stanozolol and twice to hormone testosterone. In 2006 she was banned
for 2 years. It was not her first positive test for doping substances,
nor her first suspension: At the Giro d'Italia Femminile in 2001, she
returned a positive test for a diuretic, and at the Circuito di
Massarosa in 2003, for ephedrine. She was out of competition for four
and two months respectively.[285]
Steve Freides
> Unless the investigation has discovered something that is as yet not
> public, I don't see how there is any chance of successfully
> prosecuting Lance Armstrong.
...
> As I stated, unless there is some new element which hasn't been
> revealed, I don't see how this case should even go to trial.
Well, duh. I think that's what most of us think, a few crackpots around
here excepted.
To your credit, you do not mention guilt or innocence - it stopped
being about that a long time ago.
-S-
Peter Armitage
LANCE isn't going to prosecuted for all the bad stuff he did, but for
lying to the grand jury about all the bad stuff he did. Like with
the rest of these guys ... from Nixon to Clinton to Libby to Marion
Jones... It is not the crime, but the cover-up which gets ya.
-P
Steve Freides
I confess to being puzzled by that aspect of our legal system. I
thought one had the right _not_ to incriminate one's self. Somehow that
seems to me that if you say, "I didn't do it" you're entitled not to be
prosecuted for that, even if you did do it.
I guess the other choice is that you take the Fifth and refuse to
testify, in which case you just look guilty, anyway.
I'm glad I'm not a lawyer.
-S-
Fred Flintstein
Both Jones and Thomas lied about actual illegal activity. Jones
lied about a checks counterfeiting scam and Thomas lied about
where she got her illegally manufactured dope.
Lots of people think that that doesn't matter. I think it does.
F
Fredmaster of Brainerd
A GJ only brings an indictment. If an indictment is brought,
there still remains the trial, in which the right against
self-incrimination can be asserted.
The prosecution doesn't just get to replay GJ testimony
in front of a trial jury and ask for a conviction. For an example
(this is NY state law, but I think others are similar):
http://www.mcacp.org/issue23.htm
If/when Armstrong testfies before the GJ (has he yet?)
he will know that he's very exposed and will have to be
very careful about what he says.
Danger #1 is that he is compelled to admit he used PEDs
(which is not a crime, remember) and this is used as evidence
to try him for fraud. I think the whole fraud angle is likely
to embarrass LANCE but unlikely to convict him.
Danger #2 is that he is compelled to admit he used PEDs
and they try him for perjury in testimony in the SCA case
(even though his testimony was ultimately irrelevant, it
may be considered material).
I think the SCA case is his problem, because that's all on
the record, while anything he says from now on can be
carefully phrased and "I don't recall"-ed. He doesn't have
as much incentive to lie to the GJ as a Libby or Nixon,
because most of what he is covering up (doping) is not a
crime. But covering it up for SCA may have been.
Fredmaster Ben
not a lawyer, but I passed some guy in a Velolaw
jersey this morning
MagillaGorilla
> On Jun 18, 5:32�am, "Steve Freides" <st...@kbnj.com> wrote:
> > Peter Armitage wrote:
>
> If/when Armstrong testfies before the GJ (has he yet?)
> he will know that he's very exposed and will have to be
> very careful about what he says.
> Danger #1 is that he is compelled to admit he used PEDs
> (which is not a crime, remember) and this is used as evidence
> to try him for fraud. I think the whole fraud angle is likely
> to embarrass LANCE but unlikely to convict him.
> Danger #2 is that he is compelled to admit he used PEDs
> and they try him for perjury in testimony in the SCA case
> (even though his testimony was ultimately irrelevant, it
> may be considered material).
>
>
>
> Fredmaster Ben
> not a lawyer, but I passed some guy in a Velolaw
> jersey this morning
What fucking planet are you people from? Lance will never have to testify to
a grand jury, jackass. He's the target of their investigation and his
lawyers have already told the feds to not even bother asking.
Lance already asserted his Fifth a long,, long time ago.
Magilla
Randall
wrote:
> On Jun 18, 5:32 am, "Steve Freides" <st...@kbnj.com> wrote:
>
>
>
>
>
>
>
>
>
> > Peter Armitage wrote:
> > > On Jun 15, 10:16 am, "Steve Freides" <st...@kbnj.com> wrote:
> > >> ilan wrote:
> > >>> Unless the investigation has discovered something that is as yet not
> > >>> public, I don't see how there is any chance of successfully
> > >>> prosecuting Lance Armstrong.
>
> > >> ...
>
> > >>> As I stated, unless there is some new element which hasn't been
> > >>> revealed, I don't see how this case should even go to trial.
>
> > >> Well, duh. I think that's what most of us think, a few crackpots
> > >> around here excepted.
>
> > >> To your credit, you do not mention guilt or innocence - it stopped
> > >> being about that a long time ago.
aware that there was doping taking place. They will also try and prove
that Lance played a role in managing the US Postal team. Thereby
proving proving that Lance was complicit in committing fraud.
If the prosecution uses this in a trial it will be very complicated
and lengthy.
Fred Flintstein
> My guess is that the prosecution will try to prove that Lance was
> aware that there was doping taking place. They will also try and prove
> that Lance played a role in managing the US Postal team. Thereby
> proving proving that Lance was complicit in committing fraud.
There has to be loss or damage, by definition. If LANCE dopes and dopes
and dopes and dopes and thereby provides greater value to USPS, it
cannot be fraud.
F
RicodJour
> Fredmaster of Brainerd wrote:
>
> > If/when Armstrong testfies before the GJ (has he yet?)
> > he will know that he's very exposed and will have to be
> > very careful about what he says.
> > Danger #1 is that he is compelled to admit he used PEDs
> > (which is not a crime, remember) and this is used as evidence
> > to try him for fraud. I think the whole fraud angle is likely
> > to embarrass LANCE but unlikely to convict him.
> > Danger #2 is that he is compelled to admit he used PEDs
> > and they try him for perjury in testimony in the SCA case
> > (even though his testimony was ultimately irrelevant, it
> > may be considered material).
>
> > Fredmaster Ben
> > not a lawyer, but I passed some guy in a Velolaw
> > jersey this morning
>
> What fucking planet are you people from?
What makes you think we're all from the same planet?
You're a talking (sometimes thinking) chimp, so it's possible that
you're from my planet's future, or past. If you're from my future, I
am really really sad that Dr. Kevorkian isn't around to help me.
R
Mike Jacoubowsky
"Fred Flintstein" <bob.sc...@sbcremoveglobal.net> wrote in message
news:MOCdnS8S0JQG1WLQ...@giganews.com...
But it could be a violation of a "morals" clause, if one was written
into the contract. Typically that would be triggered during the actual
contract though; I doubt anyone was writing contracts that said
something like "We'll pay you $10 this year provided you stay out of
trouble for the next 5 years after the contract payments have ceased."
--Mike-- Chain Reaction Bicycles
www.ChainReactionBicycles.com
BL
Common law/statutory civil fraud is a bit different from major fraud
against the US Government. See 18 USC 47 (1031), Moron.
Sec. 1031. Major fraud against the United States
(a) Whoever knowingly executes, or attempts to execute, any scheme
or artifice with the intent--
(1) to defraud the United States; or
(2) to obtain money or property by means of false or fraudulent
pretenses, representations, or promises,
in any procurement of property or services as a prime contractor with
the United States or as a subcontractor or supplier on a contract in
which there is a prime contract with the United States, if the value of
the contract, subcontract, or any constituent part thereof, for such
property or services is $1,000,000 or more shall, subject to the
applicability of subsection (c) of this section, be fined not more than
$1,000,000, or imprisoned not more than 10 years, or both.