And Now, A Little “Suspense”

by Rant on October 26, 2011 · 18 comments

in Arnie Baker, Floyd Landis

With Halloween just days away, stories of suspense and strange days are in the air.

And these are definitely strange days in the world of sports and doping. Perhaps the strangest of days have to do with a legal case in France. It’s a story of hackers writ large. A story about Arnie Baker, Floyd Landis and how certain documents were forged or spirited away from a certain anti-doping lab in the suburbs of Paris.

I have to say, this whole Arnie/Floyd/hacking story is more than a bit confusing. VeloNews.com appears to have gotten at least part of the story wrong, saying:

A French court has given Floyd Landis, in his absence, a suspended sentence of 18 months in prison for his alleged 2006 use of hacked material from the Laboratoire National Antidopage (National Antidoping Lab). The prosecutor in the case before the Correctional Tribune of Nanterre also asked for the same suspended sentence for Landis’ former trainer, Arnie Baker.

Meanwhile all the other media that I’ve seen, including CyclingNews.com, have reported the story a bit differently. In CyclingNews.com’s case:

The prosecutor investigating claims that Floyd Landis attempted to hack the computer of the French anti-doping agency in an apparent quest to change the data in his 2006 Tour de France doping case, has recommended the American be given an 18-month suspended sentence. An identical penalty has been recommended for Landis’ coach Arnie Baker, who is also named in the case.

Best I can tell, Landis and Baker are peripheral characters in a saga of hacking related to much bigger organizations than the French anti-doping lab. Both deny hiring the hacker(s) implicated in spying Greenpeace for the French energy company EDF. Regardless, as CyclingNews.com points out, neither Baker nor Landis is the main character in this saga:

The main character in the trial is Alain Quiros, who worked for a company named Kargus Consultants. He is accused of having hacked computer systems and illegally retrieved thousands of confidential documents for a multitude of clients, including Landis.

Further investigations however revealed more hackings, involving big industrial clients such as French energy firm EDF, who allegedly asked Quiros to spy on Greenpeace.

Quiros is reported to be held accountable also for breaking into the systems of Luxembourg firms Eurolux and Heine, who allegedly intervened in doubtful commission payments for the sale of submarines to Pakistan in 1994. This information led to a bigger investigation for presumed corruption, which currently involves several persons close to French president Nicolas Sarkozy.

VeloNews.com seems to think Vivendi is a part of this bizarre tale. Somehow, the media conglomerate is said to have brought the criminal case against Arnie Baker, Floyd Landis and others for hacking into the LNDD computer system. Huh? Say what? A private company brought a criminal case against Baker, Landis and others? I’m no expert on French law, but somehow that just doesn’t seem right.

Perhaps semi-regular reader/commenter Jean C can shed some light whether there is any truth the Vivendi connection. Update: Jean C sheds some light on the Vivendi case, which turns out to be separate from the Floyd/Arnie/hacker case in the first comment to this post.

It’s an odd case,with many twists and turns leading to who knows where, exactly. Of course, suspended sentence or not, I rather doubt that Arnie Baker or Floyd Landis will be traveling to France anytime soon. Especially in Floyd’s case. What with his new focus on becoming a NASCAR driver and all. NASCAR doesn’t do any races over there — do they?

Jean C October 27, 2011 at 7:54 am

Hi,

Vivendi case has no relation with “our”, that is a third hacking case.

The best I have got for the moment is from eurosport.fr that

Le procureur de la République a demandé la même peine d’emprisonnement avec sursis pour “recel” contre l’ancien entraîneur de l’Américain, affirmant que les deux hommes “connaissaient l’origine frauduleuse” des documents du LNDD piratés en 2006, sans pouvoir établir qu’ils étaient à l’origine de ce piratage.

Arnie Baker, est soupçonné d’être le principal commanditaire du piratage informatique du laboratoire anti-dopage, en faisant appel aux services d’un hacker employé par des anciens militaires reconvertis dans les renseignements privés. Un comble pour Floyd Landis, élevé dans une communauté mennonite de Pennsylvanie qui refuse le progrès technologique…

That means that they are accused to have used something despite knowing it has been stolen.
Arnie is supposed to be the backer.

Rant October 27, 2011 at 9:36 am

Thanks for the clarification, Jean. Most appreciated.

I think most everyone following Landis’ case at the end of 2006 knew that the documents Arnie used in his Wiki Defense presentations had been either hacked/stolen from LNDD’s computers or failing that, forged. Seems that the legal difference (between the US and France) is whether or not the person who uses stolen documents has committed a crime. Over here, probably not. If I’m understanding things correctly, then in France it would be considered a crime.

I have my doubts that Arnie was the person who initiated or backed the hacking. My suspicions lie elsewhere, with Landis’ first legal representatives. The timing seems more appropriate to them. And being in a nearby country (Spain), they might well have known about Kargus or other companies like them already. (Not that a bit of web surfing couldn’t have found them, too.) If someday it came out that Landis’ first lawyer initiated the hacking, I wouldn’t be terribly surprised.

Jean C October 27, 2011 at 10:50 am

You are welcome.

Law is that we cannot use, store,… something that have been stolen.
I believe I had written that Landis’s team were in trouble not to have inform french police about the possible hacking of LNDD after having received documents.

austincyclist October 27, 2011 at 6:26 pm

Unrelated, the interesting thing of the day for me, Tyler and Levi have friendly twitter exchanges..

Rant October 29, 2011 at 8:02 am

Interesting, AC. I guess Levi didn’t get the memo about dis-associating himself from Tyler.

Of course, now that Levi is no longer part of Radio-Schleck, different “rules” apply, I suppose. 😉

velo vortmax October 29, 2011 at 12:10 pm

Rant:

Wow! An eighteen month suspended sentence for hacking LNDD! Anglo-Saxon clients of Kargus Consultants do not equate to Floyd Landis and Arnie Baker, however. The French government must have knowledge of something the rest of us know nothing about because they seem unwilling to share. Perhaps the French courts justify this secrecy because as David Howman says: “we don’t want to educate the dopers on how to cheat.”

A French judicial sentence composed of smoke and mirrors most likely. Is this the end of the Floyd Landis, Arnie Baker circus? Is this closure? Have they dragged the corpse through the streets enough to satisfy the blood lust of the disaffected crusade and their adherents? Okay, Floyd Landis pulled a masterful bit of deception and he was guilty and admitted to his crime. But this does not excuse WADA, USADA, and the AFLD engineered one of the most curious anti-doping frauds in history. WADA, USADA, and the AFLD most shamefully manipulated the science to produce one result: the confirmation of their own test results. But, in so doing, WADA, USADA, and the AFLD forever destroyed the notion that they have a grasp on the science, that their tests demonstrate reliability and validity, and that as a group the anti-doping minions can be trusted. Sure WADA, USADA, and the AFLD won the battle against Floyd Landis, but they are forever tarnished and they will never be regarded as impeccable again. The laboratory results that these people generate are suspect, most likely their results are false positives, and the science that generate these test results should be submitted to independent scientific peer review…

Jeff October 29, 2011 at 8:01 pm

With only minor quibbles, here – here & bravo.

Rant October 29, 2011 at 8:40 pm

velo vortmax,

Well said. Chapeau!

Liggett junkie November 5, 2011 at 1:07 pm

Isn’t it about time for Alberto Contador’s hearing to be delayed again? I haven’t heard anything for a while, I thought I’d ask.

The other thing I’m wondering about today is why Velo [News] fired everyone on its staff who could read French. It’s not a very good magazine, but does it have to keep getting worse?

Jeff November 6, 2011 at 8:50 am

http://www.cyclingnews.com/news/cas-fix-contador-hearing-dates-for-november
“The Court of Arbitration for Sport (CAS) has fixed the hearing dates for the Alberto Contador Clenbuterol case from November 21-24 in Lausanne, Switzerland.” (August 28, 2011)

CyclingNews mentions the same dates in a story yesterday, November 5, 2011
http://www.cyclingnews.com/news/contador-calm-and-confident-ahead-of-cas-hearing

I suppose it could still be delayed yet again?

Rosemary November 8, 2011 at 1:41 pm
Rant November 8, 2011 at 9:19 pm

Interesting article there, Rosemary. Thanks for posting the link.

I think Rob Parisotto’s got it right about the plastics. I never thought that test for plasticizers could prove blood doping.

Now we just have to wait a couple more weeks until the Contador/WADA/CAS show gets under way — and then who knows how long before a decision is made.

Rosemary November 9, 2011 at 2:34 pm

I did wonder after reading the article, just how much of a “spike” would occur from a transfusion vs plastic packaging or bottles. Would that have required daily blood testing of all athletes during competition?

Jean C November 11, 2011 at 12:31 pm

Floyd and Arnie Baker have been sentenced of 1year suspended jail and have to paid (together or each ? ) 75.000euros.
As mentionned, it’s for their use of stolen documents at their profits. And it can be for the doctored documents…
To be absent has not make their case better too.
http://www.lemonde.fr/sport/article/2011/11/10/cyclisme-floyd-landis-condamne-pour-l-espionnage-d-un-laboratoire-antidopage_1602191_3242.html#ens_id=1589083

Jeff November 14, 2011 at 1:47 pm

http://www.cyclingnews.com/news/contadors-team-mates-to-testify-at-cas
13, including some riders, will testify for Contador

http://www.telegraph.co.uk/sport/othersports/cycling/8889529/Alberto-Contador-to-discover-Tour-de-France-fate-in-2012.html
http://www.podiumcafe.com/2011/11/14/2561284/contador-decision-not-likely-until-january
Contador decision expected from CAS in January 2012

In other news: Final Verdict Expected After Contador Retires………. (wink, nod, & hat tip to Liggett Junkie)

MikeG November 15, 2011 at 10:16 am

Wow! Is there really hope that someday these clowns might have a clue?!
http://www.cyclingnews.com/news/howman-reform-needed-in-anti-doping-fight

Jeff November 15, 2011 at 1:07 pm

Keystone Cops confirmation from someone who should know…….

Liggett junkie November 15, 2011 at 5:12 pm

Oh, Jeff, ever the optimist! Have you heard something on the Ullrich case? In the meantime here’s something on the Landis case — http://tourchats.com/2011/11/tourchats-weekly-show-16/

Previous post:

Next post: