A Most Unsatisfying Ending

by Rant on August 28, 2012 · 167 comments

in Doping in Sports, Lance Armstrong, Tour de France

With Lance Armstrong’s surprising announcement Thursday evening that he would not contest the US Anti-Doping Agency’s (USADA’s) allegations that he doped, helped others dope and participated in trafficking and a conspiracy to cover up his activities, the case against Armstrong came to an end.

Regardless of whether you’re a diehard Armstrong supporter, or a long-time skeptic more inclined to believe Armstrong’s achievements were the embodiment of the phrase “better bike racing through chemistry,” the way the case ended — to me, anyway — is most unsatisfying.

While on KPCC’s AirTalk call-in show on Friday, where the subject of discussion was l’affaire L’ance, I heard callers express a range of opinions about Lance, the anti-doping agency, and whether Armstrong is a drug cheat or a champion.

One caller noted that Armstrong had not been found guilty of anything, because the case had not gone to trial and no proof had been offered that the cyclist had done anything wrong. Which is arguably true, I suppose. In essence, Armstrong pleaded “no contest” and defiantly walked away. While his concerns about a fair hearing may be warranted, Armstrong deprived his fans of the chance to see their hero mount one last successful defense against all the rumors and innuendo that has swirled around him for, well, forever.

On the other hand, for those who believe Lance Armstrong built his success on a foundation of cheating, Armstrong’s choice may be taken as an admission of guilt — despite the cyclist’s defiant exit. But it may not be the ending his detractors hoped for, either. Instead of a public hearing where Armstrong would be called to account for sins against his fellow cyclists and sins against sportsmanship, the guy folded his tent and went home — thus depriving his critics the sight of Armstrong facing public humiliation for his treachery.

But what do we really know? Although new stories and new allegations have come out since Armstrong’s announcement, we can only guess at what proof USADA actually had in hand. Ten riders and former staff members of his teams were said to be willing to testify against him. Tyler Hamilton and Floyd Landis rumored to be among those who would testify. From what both have said in various public forums and to various journalists, we have a pretty good sense of their testimony. And if Frankie and Betsy Andreu were called to the stand, we have a good idea what they would say, too.

Journalists like David Walsh and Damien Ressiot have, over the years, chronicled numerous allegations as to what went on behind the scenes on the US Postal Service and Discovery Channel teams. So none of that is new.

USADA’s charging letter was vague, but at least it gave an outline of what their case would be. And given the standard of proof that they would need to meet (beyond a reasonable doubt), it’s a fair conjecture to say that they probably had more than enough to make their charges stick under the rules that would govern the arbitration, had Armstrong gone that route.

What is new is that one or more of those rumored to be on the witness list have a sterling, upright, unimpeachable reputation. George Hincapie is also one of the former teammates who is said to have been on the list, as is Levi Leipheimer. We can guess at the outlines of what either might say, and we can guess that it could well back up testimony from sources whose credibility would likely be called into question (Landis and Hamilton). Hincapie’s testimony wouldn’t suffer from the same credibility problems, though. He’s not known to have any grudge he bears or any ax to grind when it comes to his long-time teammate.

And we know that USADA contends they have test results from 2009 and 2010 that are “fully consistent” with the use of certain banned drugs or banned practices. Of course, that evidence would be contentious, as USADA’s expert witness(es) would claim one thing, while Armstrong’s expert witness(es) would say the exact opposite.

What we don’t have are the details. The evidence that might well prove Armstrong’s guilt, or might turn out to be so weak that Armstrong could have beaten the rap. Could Lance have won? I don’t know. No one does, to be honest. Anything is possible, even if it’s not probable. But if I were a betting man, and if Armstrong had gone to arbitration, I would have put my money on USADA, for reasons too numerous to list at the moment.

Why did Armstrong walk away, then? Michael Hiltzik of the Los Angeles Times spoke to one of Lance’s attorneys, who said:

“We’re talking about three, four, five years of litigation,” says Mark Levinstein, a veteran sports lawyer and a member of Armstrong’s legal team. “Who in his right mind would or could go through that?”

Indeed. Who would want to go through that? Despite having the financial resources to do so, would that have been the best use of Armstrong’s money or time? I can’t imagine it would. So what are we to make of Lance’s decision to walk away?

Some will see it as an admission of guilt. Others, as deciding not to fight in a rigged system. And some will sit on the fence, not sure whether Lance is a guilty scumbag or a benighted innocent who has been horribly abused by a power-mad quasi-governmental agency. The reality is that regardless or Lance’s choice or of the outcome of a hearing, when it comes to one of the most polarizing of sports celebrities, few minds will change.

Perhaps Lance was, as George Vescey of The New York Times observed, “the best cyclist of his time, in maybe the dirtiest sport in existence.” I reject the notion that cycling is the dirtiest sport, however. Writers like Vescey conveniently turn their heads from the prevalence of performance enhancing drugs in sports like baseball and (American) football, and even track and field.

Sure doping happens in cycling. Always has. Always will. One can hope it will happen less frequently, but it will never, ever completely go away. Human nature being what it is, there will always be at least a few people who will succumb to temptation.

Truth be told, doping has long been a part of most, if not all, major and minor sports. Cycling may have more doping scandals than other sports, or it may appear to, but has it escaped notice that three baseball players in the last year have come up positive for testosterone, two within the last month?

Do we forget Barry Bonds, Mark McGwire, Jose Canseco and countless others? Or what of football, where players have been using steroids to bulk up for nigh on 50 years now. BALCO, anyone? Tim Montgomery, Chrystie Gaines, Marion Jones? All those track and field athletes — and others — circumventing drug tests using “the clear” and other concoctions? What of all those athletes connected to Operacion Puerto from sports other than cycling? Cycling is no better and no worse than any other sport when it comes to performance enhancing drugs and techniques.

If big league sports have fewer scandals, perhaps it’s because the athletes are tested less frequently than in cycling. The absence of evidence, as another caller on AirTalk observed, is not the evidence of absence. Just because someone like Lance Armstrong never tested positive doesn’t mean he wasn’t doping. It just means he wasn’t caught. And neither were a number of other athletes in a number of other sports.

Armstrong’s choice not to fight USADA was probably the best option he had. It allows him to walk away defiant, proclaiming himself a victim of a witch-hunt. Which makes for great PR among people who are only casual observers of the cycling scene, and who view Lance Armstrong as a hero. And to many affected by cancer, Armstrong is a hero — even if he’s a deeply flawed one at that.

By not fighting, Armstrong doesn’t have to sit in a hearing — whether public or private — and suffer through a recitation from a passel of witnesses whose stories may detail his various and sundry sins against cycling and the spirit of sport. But at the same time, he doesn’t avail himself of the opportunity to counter that testimony and offer his own version of what transpired.

For the moment, what we can say about USADA’s case is that we know the outlines, but not the details. And it’s the details that ultimately show the case to be so strong it could withstand the full force and fury of Armstrong’s legal team or so flimsy it wouldn’t stand up to the slightest breeze.

Lance Armstrong made the best choice he could. It brings the case to a close. It probably stops the damage to his image, brand name, and that of LiveStrong — the former Lance Armstrong Foundation. And although a number of stories with new revelations have popped up since he chose to walk away, that activity will quiet down soon enough. Once there’s a final decision on whether USADA’s recommended punishments will be enforced, the story will quickly fade away.

Be that as it may, Armstrong’s decision not to fight is also the most unsatisfying of endings, leaving no clear answer to the central question of the case. Is Lance Armstrong the greatest doper who ever lived? Unless and until USADA releases all the evidence assembled for their prosecution, the answer to that question will be colored by whether one is already inclined to think him a cheat or a champion.

 

Strbuk August 28, 2012 at 12:44 pm

The conclusions you came to were the ones which had also occurred to me. And who in their right mind would want to end up where Floyd Landis sadly is? LA’s cataclysmic announcement did one unintended bit of good though, it overshadowed Floyd’s court appearance Friday (in which he agreed to repay those Who felt defrauded by the FFF ) the irony is unsettling.

Rant August 28, 2012 at 12:53 pm

Quite the irony, isn’t it? Lance has a way of overshadowing Floyd, even though both are “retired.” A previous draft actually commented on that, but it was getting too long and rambling, even by my standards. 😉 So I’ll leave that subject for another day.

William Schart August 28, 2012 at 1:25 pm

Ultimately, Armstrong had little if anything to gain by continuing, and perhaps a lot to lose. Right now, his actions will probably change few if any minds: those long convinced of his guilt will continue to hold that belief, those who are convinced of his innocence will also remain unchanged, and those waiting to see the evidence before deciding will have to wait.

In the long run, I doubt that we will ever get real closure. Larry indicated, if I read him right, that USADA is likely to want a closed hearing, if any of the other related cases go that far. And even if Bruynel and co. do go to open arbitration, how much Armstrong specific evidence would we get? And would cross examination of witnesses who had something to say about Armstrong be as vigorous as it might be if Armstrong were there? Bruynel might just be willing to say “sure, Lance doped, but I had nothing to do with it”.

Whether Armstrong was guilty or not, he had little chance of winning. The results of a USADA hearing were virtually guaranteed to go against him. Even had he won there, the lack of double jeopardy means that USADA could appeal the decision. He knows whether or not he cheated, so what USADA, or UCI, or whoever says the results from those years are, he knows.

Jean C August 28, 2012 at 2:53 pm

Litigation through WADA process don’t last many years, 3 months to prepare hearing, then maybe an appeal to CAS. So in less than 1 year it’s finished. Maybe Lance’s lawyer had already evaluate their cchance of winning in mind so they will have to bring their case to Swiss court.
That case is not only a doping case, there is the drug trafficking, to encourage others riders to dope,… USADA had already a very strong case for doping with analytical findings corroborated with a lot of testimonies : Anderson, Steffen Practice, Svart could have been part of that too. So USADA had 99.99% chance to win. Only a technicality could have saved Lance.

The will of an open hearing cannot be refused by USADA. For a such case I don’t believe that USADA wants a closed hearing, they have no interest. For other cases, they probably prefer because it means less money spent.

As I have understood, nothing could prevent USADA to release prooves. So I guess they will do it when all cases will have ended.

Ken S August 28, 2012 at 7:26 pm

Am I allowed to think him a cheat and a champion? I don’t really want to get into a long rambling of all my thoughts and feelings, partially because they wouldn’t make much sense or follow much logic. But I’m a little worn out on all the doping charges and not too sure I care too much anymore considering the state of most sports. For me, Lance won all his tours, Floyd won, Alberto won, Penn State won all those games, as did USC and Ohio State. If I start eliminating in my mind all the athletes in cycling who may have been a little dirty, I’m not left with much. And in the end, sports are entertainment to me and I just want to be entertained by some sports before I have to go back to work again. Maybe not the best attitude, and it really isn’t my full attitude, but it helps keep me calm.

Rant August 28, 2012 at 7:42 pm

Ken,

Actually, I’m with you. I try to bear in mind that sports is entertainment, and that keeps me from getting too worked up about whatever the latest brouhaha of the moment happens to be. I sure don’t get as worked up about this stuff the way I used to — and that’s a good thing, too. Helps keep my blood pressure low(er). 😉

Jean,

I’m not sure how the lawyer came up with his time estimate, but consider that from start to finish on Landis’ case was almost two years. I would expect Armstrong’s case to be even more contentious, in a way, than Landis’ was. And as you note, the next step would be the Swiss courts. Or maybe they would try going back to the US courts. Any way you slice it, though, it wasn’t a case that would be over quickly.

Interesting thing about releasing the evidence. I’m not aware of USADA ever doing so in previous cases. Armstrong’s case is as high profile as any they’ve handled, so maybe they would release all of their evidence. If they do, it would be a first. Tygart said they would “at the right time,” whenever that is. We’ll see. If it happens, I can’t imagine it happening before Bruyneel’s and Marti’s cases are finished, including any appeals that might occur. So it could be a while.

William,

Exactly. Armstrong had little to gain by continuing. And you raise an interesting point about Bruyneel’s case. Just how much of the evidence will include information about Armstrong remains to be seen. And it remains to be seen whether USADA really will release the full dossier.

So, as you said, we’re unlikely to get closure on this any time soon.

Larry@IIATMS August 29, 2012 at 12:35 am

Rant, there’s much here to comment upon, but I want to focus on something that many seem to be missing.

You say that the Armstrong announcement makes for an “unsatisfying ending”. In this I think you express what a lot of people think, that what we need most is for the truth to come out: Armstrong confesses, or he proves that he didn’t dope, or Tygart proves that he did dope. If we know what really happened, then we could strike a blow against the dopers, or we could reform the anti-doping system.

On this point, we gain nothing by pointing a finger at Armstrong. The point is, we NEVER learn the truth. Never. Landis has “confessed”, and Hamilton has “confessed”, and now Vaughters has confessed. Riis confessed, Andreu confessed, Millar confessed, Erik Zabel confessed, Rolf Aldag confessed, Patrik Sinkewitz confessed (once), Ivan Basso confessed (to intent, but not to actually doping). What have we learned from these confessions, other than a bunch of top riders have doped?

Answer: we have learned nothing else. We don’t know where the riders get their dope, or how they transport their stored blood. We don’t know who are the dope suppliers, where are the lines of supply, who is financing the operations, who is making a profit. Is the dope coming from Big Pharma, or are cyclists getting their dope from China and other third world suppliers, or is the dope being manufactured in people’s garages, like crystal meth? Who (outside of a couple of shadowy figures, like Dr. Michele Ferrari and Dr. Eufemiano Fuentes) is masterminding these doping operations, teaching riders how to dope and avoid detection? Do cycling teams still have doping programs, or are they effectively requiring cyclists to dope on their own, or are cyclists doping in spite of the efforts made by teams to prevent them from doing so? If the latter, what team efforts to prevent doping are regarded as most effective by the dopers themselves?

It is disturbing that with all the confessions we’ve received from doping cyclists, we don’t know more about how doping happens. Sally Jenkins NAILED this point in her August 24 column for the Washington Post – she pointed out that the Balco drug investigation was “the only so-called drug investigation in which the manufacturers and the distributors were given plea deals in order to throw the book at the users.” Jenkins calls this “big-game hunting”, a case of “careerist investigators trying to put athletes’ antlers on their walls.” Jenkins’ critique applies equally to the ADAs. The ADAs seem to care a great deal about how a tennis player or para-athlete might ingest cocaine in a bar, and not so much about how a track star or cyclist might purchase EPO. In the Landis case, we learned more about Greg Lemond’s history of childhood abuse than we did about who supplied Landis with his synthetic testosterone, and taught him how to use it, and profited as a result.

If the ADAs cared about bringing doping in sports to an end, they would act like serious, legitimate fighters against drug abuse in general: they would go after the suppliers. They would cut doping products off at their source. They would go after the manufacturers, dealers, suppliers, middlemen and pushers. This is easy to do, comparatively speaking: we’re not talking about the universe of people who might abuse heroin or crack cocaine – we’re talking about the handful of folks who ride bicycles or run track or swim laps in Olympic style training facilities. If the ADAs cared about ending doping in sports, they would use confessed dopers as a resource to figure out how to deny would-be dopers the means to dope.

Rant, you of all people can see the big picture. If Armstrong confessed, we would not have a “satisfying ending”. We’d simply be able to add his name to the long list of confessed dopers. Armstrong would become another individual who made the wrong individual choice, who made a bargain with the devil in exchange for a few extra watts of power on the bike. The system that enabled him to dope would remain untouched. That’s what I call an unsatisfying ending.

Jean C August 29, 2012 at 2:12 am

Larry,

Anti-Doping Agencies have no power (and no means) to investigate outside sports. A lot of countries have no anti-doping laws. Great-Britain has not respected the Olympic agreement to pass such laws for London.

ADA are trying to do their best with the power they have received from political entities.

10 years ago, the Donati’s report showed how big was PED trafficking, today that is bigger than most drugs (cocaine, heroin, and so…). 1/3 of EPO production was not used by medical entities. Maybe a part were destroy because of statute limitation, but some of it was never delivered to medical entities. Just before Athenes Olympic, in Greek a truck full of EPO disappear. Strangely, EPO of that truck would have been a very very long period of greek hospitals!
Sports are for most of our gouvernment their Coliseum.

William Schart August 29, 2012 at 6:17 am

We have had several federal,investigations here in the US, from the Mktchell Report, through Bonds and Clements to Armstrong. We did succeed in closing the Balco Lab, but that was more of a middle man than the ultimate source of PEDs. The Feds have considerable powers for investigation. So, were they more interested in hanging big name scalps on the wall, and ignore the issues Larry raises, or we’re they unable uncover any information about the high end of the supply chain? We’re not having much luck with recreational drugs either.

I once, quite a while ago, interviewed for a job with the DEA. If I understood correctly the description, the job would have been to monitor records of drug companies to see if all their production could be accounted for. I assume that similar positions exist today. But of course, whether PEDs in sports or recreational drug, we have an international problem, which is likely to require an international solution.

Depending on how the rest of the case proceeds, we may find out how a doping program might have worked on the USPS team. This might or might not shed light on how things might have worked on other teams at the time USPS was active. Things have changed since then. And different sports may have different situations.

Rant August 29, 2012 at 8:27 am

Larry,

If Armstrong only confessed to doping, then we wouldn’t get a very satisfying ending, for just the reasons you mention. But USADA’s case is about more than merely using performance enhancing drugs. They also allege that Armstrong, Bruyneel and others were involved trafficking and in a conspiracy to cover up their activities.

Without the full dossier becoming public, we won’t really know the information that backs up these charges and how far up the chain the USADA investigation was able to go. Getting at the suppliers and addressing the problem at the source, however, will probably take another organization’s efforts. An organization with actual police powers, I suspect. USADA is already stretching things by charging foreign nationals with trafficking and conspiracy, especially when none of these individuals were licensed by an international sports federation (at least not that I know of). So while Lance’s argument about jurisdiction was destined for failure, we don’t know whether Bruyneel or Pepe Marti will raise the issue in their arbitration hearings. And if they do, it remains to be seen whether they succeed on that point or not. If it turns out USADA doesn’t have jurisdiction over Bruyneel and Marti, it will be interesting to see what they do with the information. Will they turn it over to the proper authorities in the home countries/countries of residence? Or will the cases vanish into the ether?

If USADA does succeed in asserting jurisdiction, and if the material from the cases against Armstrong, Bruyneel, Marti, Dr. Ferrari and the two others ever becomes public, we will see just how much they were able to figure out, and what aspects of the doping equation still need to be solved.

Do teams still have organized doping programs? Good question. Your guess is as good as mine. Do cyclists dope in spite of team efforts to prohibit the practice? Well, Sinkewitz did and almost torpedoed his entire team in the process. But that was a few years ago. I’d guess the answer to that question is “yes,” but at the same time it may be that with a wink and a nod the team officials “unofficially” know what’s going on.

Who finances the operations and how? Well, I could tell you something a source told me about US Postal/Discovery, but I’ve never been able to verify the information. Maybe USADA was able to find information that confirms what I heard. Maybe not.

To prove their claims about trafficking, USADA might (or might not) have found information about where Armstrong/Bruyneel/et. al. got the stuff. We simply don’t know, unless and until they show their cards. (And I’m not convinced they will.)

But if the only result of the case against Armstrong were a confession or a conviction on charges that he used performance enhancing drugs and we got nothing else, then your point is correct. We would have just another name to add to the growing rogue’s gallery of dopers. And we wouldn’t be any further along in figuring out how to effectively stop (or, more realistically, minimize) doping in sports.

Jean C August 29, 2012 at 9:03 am

About juridication on Bruyneel, Marti or foreigners or people without a sport licence, USADA and other (or most) ADA has the power to “exclude” them indirectly. That is done by excluding or sanctionning sport organisations or teams that will use them as athletes or as managers, trainers,…
That is the reason which has pushed Bruyneel to challenge USADA charges.

William Schart August 29, 2012 at 9:24 am

Ultimately, what we need is a change in the culture of cycling. Maybe we are starting in that direction, maybe not. But at some point, cyclists need to realize they run the risk of killing the goose that laid the golden egg, or at least seriously harming her.

Larry@IIATMS August 29, 2012 at 10:29 am

Rant, you wrote that “if the only result of the case against Armstrong were a confession or a conviction on charges that he used performance enhancing drugs and we got nothing else”, then “we wouldn’t be any further along in figuring out how to effectively stop (or, more realistically, minimize) doping in sports.”

That is precisely my point. That result is the only result USADA ever cared about, the only result that WADA ever pursues. Worse, it’s the only result that most of US seem to care about. Look at all the interviews of Landis and Hamilton, by top journalists like Bonnie Ford, 60 Minutes and Paul Kimmage. Look at Vaughters’ editorial confession in the New York Times. The focus is always, and damn near exclusively, on the individual athlete doper: what pressure did he feel to dope, and when did he start doping, and how did he feel about his doping, and what did he experience when he got caught?

For Landis and Hamilton, there’s always been one other question: did Armstrong dope? But to my knowledge, no one ever asked Landis and Hamilton about any other of their teammates (Landis gave up Pereiro’s name, of course).

There is a reason that our focus is as narrow as it is. Putting this as nicely as I can: the goal of the ADAs is to perpetuate the myth of clean sport, the myth that what we watch on the road (and at the stadium, and in the arena) is a test of personal ability, personal will and personal character. When I use the word “myth”, I don’t deny that the myth is true to an extent. I use the word “myth” because we hold our belief in the transcendent value of clean sport to the exclusion of all facts to the contrary.

The myth perpetuated by the ADAs is to see doping as a problem caused by the athlete, as a flaw in the mind, heart and soul of the athlete that must be corrected through the right combination of disincentives, moral instruction and (ultimately) bans for those not pure enough to carry their banner forward. And of course, this is PART of the problem. But it’s not the entire problem, and the approach here is not the approach we take to solve problems outside of sport. For example, if our town has a rash of jewelry robberies, we may increase the penalties for jewelry robbery. We might also lock up the jewelry store, and post an armed guard at the store door, and remove the jewels after hours to a safer location.

The ADA myth does not lead us to think about how to PREVENT athletes from doping. The myth is best served by having athletes nobly decide not to dope. We’re willing to influence this decision. We’re strangely uninterested in eliminating the option to dope. We’re strangely uninterested in the decisions made by those outside of organized sport.

We can see the absurdity of the myth when we look at the story told about Landis’ doping in 2006. If we are to believe the story, then Landis doped as a solitary agent: he procured his own dope, and transported it from race to race, and self-administered the dope according to doping protocols he created himself. This is entirely unbelievable, of course: Landis possesses a high-school education and is probably just a bit smarter than average. To make this story believable, we all know that people like Landis have personal coaches and advisors, and we figure that Landis doped with the help of such people. But oddly, we don’t care to find out who these people were, or how they helped. We don’t even care to see those people punished. Why? Because of the myth. We want to imagine that Landis’ crime against clean sport resulted from his individual and personal failure.

Yes Rant, you are correct, Armstrong was charged by USADA with conspiracy and trafficking. These are the same charges examined by the federal prosecutors, who dropped the case against Armstrong, presumably for lack of evidence. Let’s be real here. We’ve heard Landis, and Hamilton: Armstrong is accused not only of doping, but of leadership in a team that had a doping program, in encouraging others to dope, even in providing others with dope on an occasional basis. This is NOT what lawyers mean by trafficking, or even conspiracy. But it’s significant in terms of the myth: it means that Armstrong’s alleged crime was something more than the personal decision to dope, that he took an active role in his alleged doping and in his teammates’ doping. But this is no more than the myth taken a small step further, the realization that one person’s moral failure can lead to the moral failure of others. Allegedly, Landis and Hamilton and Vaughters and Andreu doped because they failed, but also because Armstrong failed.

But it’s absurd to believe that Armstrong personally purchased drugs, or personally transported them across international borders, or personally crafted doping protocols for his team – just as it is absurd to imagine that Landis did the same thing for himself as an individual, and just as it is absurd to imagine that Armstrong’s alleged offenses somehow transcend those of other doping cyclists. Instead, the Armstrong case falls squarely within the ADA myth: he is the biggest dog in the pack, and if USADA hits him squarely on the nose with a rolled-up newspaper, that will send a message to every other cyclist in the peleton. But no message would be sent to the people who actually supply the dope, or transport it, or profit from its use. That was never the intent.

Rant August 29, 2012 at 11:17 am

Larry,

You write:

The myth perpetuated by the ADAs is to see doping as a problem caused by the athlete, as a flaw in the mind, heart and soul of the athlete that must be corrected through the right combination of disincentives, moral instruction and (ultimately) bans for those not pure enough to carry their banner forward.

I can see that. And many confessions follow a certain kind of script, where the athlete admits to doping, apologizes for his/her personal failing, but doesn’t speak to who assisted in the effort. Even Vaughters’ recent op-ed in The New York Times hews to that script. (Although in his case, I wonder what he may have told USADA when they came calling.)

But regarding the totality of USADA’s case: If they are only interested in perpetuating the idea that when athletes dope it’s a personal failing, and if they really aren’t concerned with those who are the suppliers, helpers, or enablers, why would they have charged Bruyneel, Ferrari, Marti and the two others? Was that to build a foundation on which to issue a lifetime ban against Armstrong and for no other purpose? Or are Tygart and company pursuing a strategy where they are attempting to force some of the people who provided the drugs, the assistance in transporting the drugs, and the knowledge as to how to use the drugs out of the sport, too?

It appears to me that the strategy is the latter, though I have my doubts about whether they can enforce any bans, and I have my doubts about whether USADA’s claim to jurisdiction over Bruyneel and Marti will stand up to scrutiny during arbitration. But if they do succeed in establishing jurisdiction and prove their cases against both, then as Jean observed, perhaps through pressure on teams that hire these people (“we won’t issue your ProTour team license if you employ those people,” “your team can’t participate in our races because your staff are banned,” etc.) bans against non-athletes could be enforced.

MattC August 29, 2012 at 12:35 pm

The fact that USADA are going after Armstrong (and his alledged associates) with their grocery list of offenses (conspiracy, trafficing, etc) and asking for a lifetime ban tells me that this is a vendetta. As Larry pointed out there are MANY people involved when any one athlete dopes. But you sure don’t seethe doping organizations going after all those people… only the athlete pays when caught…he gets his ban and that is that. Once the ban is over, he is welcomed back into the fold with open arms, pure as the driven snow, and thus forgiven.

For ANY athlete to dope there HAS to be a conspiracy and trafficing…the athlete needs to GET the dope from somebody…is he doing it personally, sneaking around in dark alleys carrying a briefcase full of cash? Does he get it thru a trainer? A Dr? And who sells the stuff? Where do THEY get it from? What COUNTRY? Once purchased, it has to be delivered by somebody TO somebody, and eventually to the athlete…and as Larry has pointed out, is the athlete then using these drugs w/ NO supervision/instruction sitting in a dark hotel closet?

And then, where is all the mecidal paraphanilla coming from? And where does all the used hardware go? Obviously not just into the trash in the hotel. So SOMEBODY has to transport the ‘evidence’ and dispose of it so it never sees the light of day. And obviously it’s all a HUGE secret…so these very same conspiracy/trafficing charges could be leveled against ANY doping athlete.

But no, only Armstrong has drawn the ire of USADA so forcefully.

But hey…look on the bight side…now that he has been pronounced guilty of all these crimes by USADA everything is better! The peleton is now CLEAN, as quite obviously he was the only one doing it! We can all rejoice! The devil has been found and cast-out! HOORAY!

Jean C August 29, 2012 at 12:39 pm

I do believe that WADA and USADA will use that case as starter of new era as had been Festina with WADA creation.
Separation of powers like in our society : laws making , police and Justice are all independent.
because it’s becoming a major health and criminal problem for most countries, probably to have anti-doping laws could help the searching of prooves.
But in first, they are probably going to “clean” UCI house as an experiment before to go further.

William Schart August 29, 2012 at 2:33 pm

Just as a diversion, here’s another opinion piece:

http://espn.go.com/espn/story/_/id/8310275/armstrong-worth-honoring

I’m not saying whether or not I agree in whole or in part, just posting things to give an idea of how opinions are or are not swayed by all this.

Larry@IIATMS August 29, 2012 at 4:11 pm

Jean C, I can hope as you hope and Rant hopes, that the Armstrong case will usher in a new era of clean cycling. But you pretty much dashed all my hopes when you referred to Festina. 14 years ago, everyone hoped that Festina would usher in a new era of clean cycling. It didn’t work out that way. And as much as some would like to blame the post-Festina mess on Armstrong, the truth is that the post-Festina era would have been just as dirty if Armstrong had never returned to cycling. Why will post-Armstrong end up differently from post-Festina?

You hold out the hope that WADA and USADA are going to “clean house” at UCI. I don’t see how that is going to happen. I don’t think that WADA and USADA have any direct power over sports federations like UCI. I suppose that WADA could work with IOC to toss UCI and cycling out of the Olympic Games or to decertify cycling as a WADA-regulated sport … I’m not sure how that would work legally, but I suppose that WADA could leave cycling orphaned to govern its own anti-doping program. Perhaps if WADA could make a credible threat to remove cycling as an Olympic program, then UCI and USAC would voluntarily purge itself of any people that WADA does not like. But this possibility strikes me as remote. To be sure, WADA has never previously tried to reform or restructure a sports federation before.

I also suppose that WADA could bring charges against Pat McQuaid or other individuals within UCI for trafficking or conspiracy, or “assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation.” But if all they have are the allegations of a cover-up of an Armstrong positive test in 2001, then WADA would have a difficult time getting around its own 8-year statute of limitations. Of course, if Michael Hiltzik is correct in his column and WADA was planning to retroactively revise its statute of limitation to 14 years, all the better to prosecute Armstrong, then it’s unlikely that WADA could be deterred by the little problem of having to obey its own rules.

But even if WADA could put Travis Tygart in charge of UCI, I doubt we’d see the end of doping in cycling. It’s not 1998 anymore, or even 2001. WADA has taken over the anti-doping fight. It has put its certified labs in charge of the science and the testing. It has USADA and its clones on the national level. It has its anti-doping convention adopted by UNESCO and ratified by 145 governments world-wide. With great power comes great responsibility: if the anti-doping effort in cycling is failing, and you want to find someone to blame, don’t blame Armstrong or UCI. Blame WADA.

Larry@IIATMS August 29, 2012 at 4:22 pm

Matt C, thanks for reminding me that in addition to supplying the dope, someone also has to supply the medical paraphernalia, and dispose of the medical waste. Isn’t it odd, Matt C, that with all those confessions wrangled by USADA and the other ADAs, we don’t have a CLUE how any of this goes on, under the noses of WADA, despite the evident interest of the French police? Sure, we get some odd story every now and then from a crusading (or half-crazy) dumpster-diving journalist who claims to have discovered something bad in the alley behind the motel where Armstrong was sleeping. If Tygart was something other than the self-serving self-promoting headline-grabber that many think he is, wouldn’t you suppose that he’d show some public interest in how athletes are able to dope, and how athletes could be cut off from their doping supplies?

I think Matt C has illustrated the point better than I have. We know that dopers aren’t riding around France with EPO in their saddle bags. No cyclist could afford to be caught with so much as a hypodermic needle. In order to dope during a Tour de France, someone is bringing the dope and necessary equipment into the motel room of the doping athlete, and someone is removing all that stuff after the dope is used. Or someone is setting up a room of his own in that motel, or somewhere else, where the athletes are receiving their pharma assist.

Remember that during a Tour, it’s easy to control who has access to a rider. 6-8 hours a day, they’re on the road in plain view of the public and the TV cameras. Post-race, they are access-controlled at least until they pass through doping control. They are then on team buses, or elsewhere in public until they land at their hotels. Their whereabouts are known to all. Moreover, we’re talking about a tiny population of users. If we understood how doping happens, we could cut the dopers off from their dope, at least during the course of a race.

The fact that this effort has never been made is telling.

Larry@IIATMS August 29, 2012 at 4:46 pm

Rant, you asked: if USADA is “only interested in perpetuating the idea that when athletes dope it’s a personal failing, and if they really aren’t concerned with those who are the suppliers, helpers, or enablers, why would they have charged Bruyneel, Ferrari, Marti and the two others? Was that to build a foundation on which to issue a lifetime ban against Armstrong and for no other purpose?”

Yes.

I think Tygart sees the others as Armstrong’s henchmen. It’s significant that Tygart could have gone after the Bruyneels and Ferraris that enabled Landis’ and Hamilton’s doping after they left US Postal, and chose not to do so. There must be countless other examples of where Tygart could have gone after the enablers and doping syndicates, and chose instead to pursue the Jessica Hardys of the world.

MattC August 29, 2012 at 7:08 pm

This whole Anti-Doping effort is much akin to a Dr. treating a symptom, with no effort being spent on finding the cause. Until WADA gets serious with rooting out the suppliers and couriers, nothing will change (and just this thought…how about some good old accounting?? These doping programs must cost a LOT, and the money has to come from and go to somewhere…sponsors dollars just disappearing into the void would be a serious red flag…teams should be able to account for every dollar).

I don’t know if it would work, but if someone were ‘caught’ doping, their deal is this: full disclosure of every detail (who/what/where/how-much, who helped, EVERYTHING) or a lifetime ban. Give-up all this info, and it’s a 1 year ban. Pretty soon there would be nobody willing to be the supplier/courier/helper, as THEY would be getting the real punishments, knowing the athletes pretty much have to rat them out.

But sadly, I still don’t think this would work…the lure of fame and fortune is just too great, and athletes are human. It’s still quite obviously a risk worth taking, or the peleton would be clean. And I think as in most crimes, the criminals are 1 (or more) steps ahead of the good guys trying to stop them, because the good guys have rules (usually).

IF Lance DID do all of these things that he is accused of, then the current anti-doping system is a total waste of time and money…..as he (and his entire team it sounds like) did these things over and over for his 7 year domination of the peleton (allegedly…I’m still waiting for that pesky PROOF thing…you know…proven FACTS that are beyond reproach).

IF all this is upheld in the end, I would think WADA AND USADA would be extremely embarrassed and should be completely overhauled (or replaced) due to their utterly pathetic success rate of catching dopers. They certainly had lots of chances, and as far as we KNOW, they got zilch.

William Schart August 29, 2012 at 10:18 pm

Meanwhile, here’s a blurb on what our hero or villain (take your pick) is up to:

http://espn.go.com/olympics/cycling/story/_/id/8315779/lance-armstrong-introduces-7-time-tour-de-france-champ

LauraLyn August 30, 2012 at 3:20 am

Rant: “Armstrong’s choice not to fight USADA was probably the best option he had.”

Really sad. Lance Armstrong had the option to tell the truth. He is a drug user, a drug trafficker, and a drug pusher . . . . and you still defend him.

This is cancer in sports, literally.

Larry, you used Armstrong’s vindictive arguments to personally attack Travis Tygart and the USADA but you really have no understanding of their case. You write: “The myth perpetuated by the ADAs is to see doping as a problem caused by the athlete . . . .” You really never understood the very basics about this case from the beginning and kept insisting that this had to do with lawyering, which now obviously it never did and never will.

Larry: You are still lecturing Jean C. You are so far out of your depth. You state: “Remember that during a Tour, it’s easy to control who has access to a rider.” You really do not have the foggiest idea about cycling, professional or amateur. Armchair lawyering and pretending to be the ruler of cogency only yields confusion and obvious silliness.

LauraLyn August 30, 2012 at 3:27 am

Jean C. You are right about needing to clean house at UCI. This is going to be difficult. It is doubtful if Bruyneel really was being honest when he said that he would “cooperate with the USADA investigation” and it is highly unlikely he will ever go to arbitration. Marti is a more interesting question because Lance tried to throw him under the bus.

Evidence is for court rooms. It is not for bloggers. Bloggers who keep asking to see the evidence have no idea what they are talking about.

LauraLyn August 30, 2012 at 3:31 am

This is not about “closure”. It is about “due process”. Due process is being served.

There is no chance that this case against Lance Armstrong will drag on for years. The only reason it dragged on this long is because Lance Armstrong’s lawyers did all they could to drag it on as long as they could. They simple ran out of options (no matter what any silly lawyering says).

Lance is not done fighting, just as he is not done lying and cheating.

There will, however, be many more cases against Lance Armstrong. Likely eventually the Federal case will be reopened against him. It is just unimaginable that the US Government will allow him the fraud.

Jean C August 30, 2012 at 4:23 am

WADA and NADA do the best like everyone, but federations have a big interest to hide doping in their house as we can see with UCI. When CERA was available, UCI could have retested the old samples, they refused. For one of french investigation, McQuaid said that UCI was going to collaborate with french police, in the same time, he sent a fax to lab resquesting the destruction of samples linked to that case; later not even human EPO was found in those samples.

Helpers and suppliers exist because riders seek for help too and can pay enough for it. Top service of Ferrari is alleged to be paid by Lance $600.000 in 2009, that is a lot of money.
The weakest part is common laws. As we can see Italia, Germany and France have the best results since they have anti-doping laws, even if some riders have been able to receive fresh blood during TDF.
We should remember that Schumacher and some other Austrian athletes had to buy their own blood centrifuge.
Before EPO raised, riders mostly doped by themself, and because of deaths and other health problems, some doctors/soigneurs prefered to help/ to advice them how to do it safely, then the machine was on.

Rant August 30, 2012 at 9:02 am

Larry,

If you go back and think about what WADA was formed to do, their initial charter wasn’t to root out the suppliers and enablers and doctors and others who helped athletes dope. They were set up to try to catch cheating athletes, in order to protect the Olympic brand. And, if you look back at 1999, Armstrong’s first Tour win was supposed to be ushering in a new era of clean cycling. Really, it was ushering in an era of “meet the new boss, same as the old boss.”

I agree that WADA and their minions should have focused at least some of their attention to the upper ends of the supply chain from the start. That didn’t happen, though. In part, I suspect, because some of the effort would require powers that they don’t have. Since doping almost always involves some illegal activity, working with law enforcement officials would seem the natural approach. That didn’t happen much, either.

And we all know how the federal investigation into Armstrong played out. Perhaps USADA acquired some of their information from the feds. It wouldn’t be the first time that happened. I don’t know how they built their case, and since the evidence isn’t out in the open (yet?), we can only guess.

Still, I come back to the fact that they charged not only Lance, but five other people. If their sole goal was to get Armstrong, they really didn’t need to bring charges against the others. They could have forwarded the information to the appropriate authorities in each person’s home country and let them take over the prosecution. Or they could have just charged Armstrong, while presenting evidence of his collusion with those others as a way of bolstering the trafficking and conspiracy charges.

However it came to be, USADA’s charges against Bruyneel and the others is a new type of action from the agency. Perhaps they weren’t able to piece together enough to go after those who assisted the athletes before, or perhaps they weren’t terribly interested until it looked like they might be able to finally land the Great White Whale.

LauraLyn,

Don’t confuse examining the options and commenting on the choices Armstrong faced with defending Lance. It’s not intended to be a defense of the things he’s accused of doing. My purpose is to look at the situation he’s in and discuss the options he had, and the option he chose. What I think about his guilt or innocence isn’t part of what I wrote.

Although perhaps I’ve left it unstated, I’m looking at the situation from the perspective that Lance would chose the best — or least worst — option, in order to minimize the damage that could occur to his “brand”, to his foundation, and to his endorsement deals. You’re right, Armstrong could have told the truth. But what would have happened if he did?

Most likely he would lose all his endorsement deals. No company in its right mind would sponsor someone who is an admitted doper, drug trafficker and who knows what else. His foundation, which does good work assisting people suffering from cancer, would likely see its donations dry up. So the people Armstrong professes to most interested in working for in his post cycling life would see the foundation eventually wither away (it still could, that’s yet to be determined).

Armstrong might be on the hook for paying back more money than he has socked away in the bank. And if he did lose all his money, homes and so forth, he might not even be able to get so much as a job wrenching in a bike shop. So, although honesty is the best policy, looking at the situation from Armstrong’s self interest, the consequences of coming clean are pretty severe.

And ask yourself, do you picture Lance Armstrong offering any sort of mea culpa, or even a qualified confession? I don’t expect that I’ll live to see that happen.

As for the evidence being public and a sense of “closure” (I actually hate that term, makes me think of an ex-girlfriend who used way too much psychobabble). Remember that I wrote a book on the history of doping. At some point (soon, I hope), I’ll be updating the Afterword and including something about Armstrong’s case. The more information that is available, the better I can cover that topic. The more that’s known, the more facts I can include. While the blog is good for expressing opinion and having discussions of the topic, I strive to keep the book’s contents based on facts and sources that I can reference. From that perspective, Armstrong’s choice — for the moment — limits what’s available for that purpose.

William,

I saw that Rick Reilly piece a couple of days ago. Interesting point of view. But if he really thinks cycling is the dirtiest of sports, he doesn’t understand the history of doping.

Matt,

The system certainly needs some improvement, doesn’t it? What’s being done now hasn’t exactly produced stellar results.

LauraLyn August 30, 2012 at 10:33 am

Jean C. “Top service of Ferrari is alleged to be paid by Lance $600.000 in 2009.” Small correction: not “allegedly”, it is a known fact admitted to by Armstrong.

Rant: Armstrong’s best choice was to tell the truth. It is always the best choice in life. It was on the table from the beginning. It was indeed even one of his legal choices.

But you are right: lying begets lying.

Larry@IIATMS August 30, 2012 at 11:13 am

Rant, you wrote: “If you go back and think about what WADA was formed to do, their initial charter wasn’t to root out the suppliers and enablers and doctors and others who helped athletes dope. They were set up to try to catch cheating athletes, in order to protect the Olympic brand.”

There is a sense where I agree: according to a certain way of seeing the anti-doping effort, what we’re dealing with is a problem of cheating, where doping is like a false start in a track race or roughing the passer in American football. I think there are certain people in sports who hoped that WADA would operate like this, where a cyclist would pee into a machine that would analyze the results on the spot and hand the rider a yellow or red card if the pee tested positive. So, the primary WADA message has been clean sport, play clean, don’t cheat.

But anti-doping expanded this primary message many years ago. Probably the clearest indication of this broader effort is the nearly world-wide adoption of the International Convention against Doping in Sport. According to UNESCO (the United Nations entity that adopted this convention for international adoption), the Convention helps to ensure the effectiveness of the WADA Code by applying the force of international law to anti-doping, because “there are specific areas where only governments possess the means to take the fight against doping forward.” While national governments have “a degree of flexibility” in how they implement the Convention, signatory governments are required to take specific actions to restrict the availability of prohibited substances and methods to athletes, and take measures against trafficking.

To be sure: the Convention exists because of the limited power of agencies like WADA and USADA. I do not expect Travis Tygart to kick down doors, raid drug warehouses or engage traffickers in “hot pursuit”! But again according to UNESCO’s anti-doping site, UNESCO and WADA are supposed to be working in concert to combat doping – it is my understanding that one of the main reasons we have the Convention is because WADA wanted it. Moreover (according to WADA’s web site), WADA initiated in 2006 “a strategy to work with government, law enforcement and anti-doping agencies to ensure evidence gathering and information sharing.” As an example: per WADA’s web site, WADA works with Interpol, the world’s largest police organization, to tackle doping, “in particular in the areas of evidence gathering and information sharing.”

In other words: we’re long past the day where WADA’s and USADA’s mission could be seen purely in terms of clean sport. WADA has worked to transform the area of anti-doping into an area governed by international law, an area that national governments are required to address in their criminal statutes and police activities. This brave new world is in large part WADA’s creation, and in this brave new world it is perfectly fair to ask what USADA is doing to “root out the suppliers and enablers and doctors and others who help athletes dope.” Per WADA’s own materials, the number one thing that USADA should be doing is gathering information about those suppliers and enablers and doctors, and then sharing that information with WADA and law enforcement authorities.

We keep batting back and forth the five other people charged by USADA. Maybe this is evidence that USADA gives a damn about the suppliers and enablers and doctors, but at BEST this is the FIRST evidence we’ve ever seen of this concern. More realistically (in my view): if USADA gave a damn about the suppliers and enablers and doctors, then they’d be going after the suppliers and enablers and doctors who served Landis when he rode for Phonak, and the suppliers and enablers and doctors who served Hamilton when he rode for CSC, Phonak and Rock Racing. By “go after”, I don’t mean that Tygart should be macing or handcuffing anyone. I mean that when USADA has a Floyd Landis before it, a guy who is willing to trade information for a reduced doping sanction (or the best plea bargain anyone ever received for admitted federal wire fraud), USADA should be pumping that Floyd Landis for everything he knows about those doctors and enablers and suppliers. And so long as Trygart is so eager to tell us his opinions of Armstrong, he might also share with us how it is that a guy like Landis managed to dope successfully for years without anyone figuring it out.

So long as I’m on a rant, I’ll say something else: I find particularly objectionable USADA’s failure to pursue the enablers of the dopers at Rock Racing – this was a U.S. team, based in the U.S. and racing under a U.S. Continental license, a team nearly everyone thought was dirty at the time, a team that seemed to go out of its way to hire ex-doping cyclists, a team with at least two cyclists caught doping (Hamilton and Kayle Leogrande) – and surprisingly, a team with plans to race again in 2013. Presumably, Frankie Andreu (ex-Rock Racing director – who may have quit because he wouldn’t go along with Rock Racing’s plans to dope) would have an interesting story to tell USADA.

Rant, it would be great if USADA’s case against Bruyneel et. al. is the beginning of a greater effort by USADA to fulfill its mission under national and international law to go after doping enablers and traffickers, and to gather and share information about these activities. But the evidence so far is that USADA only cares about the immediate circle around Armstrong. They’ve had many opportunities over the years to prove otherwise, and so far they’ve dropped each and every one of these opportunities.

Rant August 30, 2012 at 11:36 am

Larry,

Well said. I agree that USADA should have been looking to pump Landis and Hamilton and others for information about their doping “teams.” Not doing so, especially if the subjects were willing to talk, was a mistake. For a long time, Landis wasn’t ready to talk, but since 2010, he’s seemed quite open to the discussion. And don’t forget, he had a brief — very brief — fling with Rock Racing, too. And, interestingly, that whole fraud investigation of Armstrong had its roots in an investigation of Rock Racing that Jeff Novitzky was already pursuing when Floyd spilled his guts a couple of years ago.

That Rock Racing might be reappearing on the scene next year puzzles me. Will it be with Michael Ball at the helm? (I assume so, but…) If so, will they once again follow Ball’s “do whatever it takes to win” approach? For that matter, will USAC or the UCI actually issue a license to his team? I guess we’ll have to wait and see.

Over time, we’ll see if USADA really is taking a new tack in their approach to doping investigations. I certainly hope they are, but I’ll withhold judgement until we see more of these kinds of cases. Tygart has long been focused on Armstrong. Now that he’s gotten his quarry, we’ll see if the criticism that he was on a witch-hunt stands up. If we never see another case like this again, I wouldn’t blame anyone for drawing that conclusion.

LauraLyn,

No argument from me. Telling the truth was always on the table. I probably should have discussed it in the main post.

Larry@IIATMS August 30, 2012 at 11:43 am

Jean C, the testing you’d like to see UCI perform could also be performed at WADA’s direction. I suspect that WADA does not request these tests because they have not authenticated the protocols for these tests. If you want to run a CERA test on urine frozen for years, you have to have authenticated a CERA test on long-frozen CERA samples. The question of archiving athlete samples for testing years down the road has been discussed for quite some time, and I know that Christiane Ayotte (for one) thinks it is impractical.

Jean C, you always make good points, but your portrayal of “good WADA” and “bad UCI” isn’t convincing to me. UCI has no power to direct a WADA lab to destroy samples, and if such a thing took place, the fault lies with the WADA lab as well as UCI. Moreover, if UCI did any such thing, that would be a violation of the WADA Code, and WADA should have prosecuted. That’s not “doing their best”, is it?

I do not believe that riders ever “mostly doped by themselves”. This is the point I made to Rant: the ADAs have an obligation under national and international law to gather information about doping and share it with law enforcement officials. When a Landis or Hamilton shows up at USADA willing to make a deal, that’s the time to get the information law enforcement needs to cut would-be dopers from their sources of drugs, medical supplies, waste disposal and expertise.

LauraLyn August 30, 2012 at 12:26 pm

Larry: “But the evidence so far is that USADA only cares about the immediate circle around Armstrong.” You really see this through the basement of Lance’s DC PR team. You can only find fault with the USADA. You have no idea what they do on a measly 10 million USD a year. Perhaps read their record first.

“But the evidence so far is that USADA only cares about the immediate circle around Armstrong.” Jean C., good luck trying to educate this nonsense.

Jean C August 30, 2012 at 1:01 pm

Larry,
CERA test was used at 2008 TDF and they have caught Ricco, Beltran,… It was validated during GIRO, so UCI could have ordered the retesting of samples in Septembter for exemple. If WADA had the power to retest, they would have used it.
Frozen should not be a problem, EPO can only disapperear, and they probably have done some tests on short period.

I have much less confidence in UCI because there is a lot of exemples of their bad behaviours, especially on doping issue. I cannot see any significant point on WADA side.
About the request of destruction of samples, that was samples before WADA rules, that was one of the reason to improve those rules.

If athletes dont want to rat their providers, that often means that they think they are or feel responsible of what has been done.

Liggett junkie August 30, 2012 at 2:08 pm
Larry@IIATMS August 30, 2012 at 2:33 pm

Jean C, quite right, the CERA test is validated for testing samples taken in competition. The test must also be validated for testing samples stored for limited periods after competition, since someone did CERA retesting a few months after the 2008 TdF, and this testing nailed Stefan Schumacher, Bernhard Kohl, and Leonardo Piepoli. There was also CERA testing that took place a number of weeks after the 2008 Olympics.

From what I’ve read, CERA can be detected using either blood or urine testing, though it works a lot better in blood testing, and I understand that the 2008 TdF CERA testing was done on urine samples and confirmed with blood samples. I don’t know about the testing you refer to that UCI refused to order, but perhaps the protocol then was to test both blood and urine, and there was some problem with the availability of one rather than the other.

As for testing frozen samples … there is always a potential problem with testing samples that have been in storage for a long time. This is particularly the case when blood is being stored — remember, that’s how Tyler Hamilton was able to keep his gold medal after he tested positive for blood doping — his B sample blood had been frozen and could not be thawed and tested.

If we’re looking at EPO testing … remember that the body makes EPO naturally, and the testing is designed to distinguish natural from synthetic EPO. As I understand it, to test for EPO, a preparation of the athlete’s sample is placed on the edge of a blotter and then subjected to the pull of an electrical field. The EPO migrates across the blotter, and EPO isoforms — different types of the same proteins — leave deposits in a banded pattern that the testers can analyze. Some bands are more associated with synthetic EPO, and some more with natural EPO. But there is considerable overlap, and depending on who you read, the interpretation is either easy for a skilled scientist or it is difficult to perform under the best of circumstances. My guess is that over the years, the scientists have gotten better at EPO testing, since there used to be much more controversy about EPO testing than there is now.

But the question we’re looking at here is whether EPO testing can be performed on long-frozen urine samples. The answer depends, again, on who you read. All seem to agree that EPO testing can be thrown off (in other words, the banding I discussed above can be affected) if the urine is not properly stored. Even Jacques De Ceaurriz, the scientist who developed the first EPO test and is a strong proponent of the validity of EPO testing on frozen urine samples, has stated that EPO is stable in frozen urine “as long as the samples have been well cared for.” But other scientists have expressed stronger reservations, and have said that in order for EPO testing of long-frozen samples to be scientifically valid, scientists would have to show that a control sample containing synthetic EPO frozen for many years would give the same banding pattern as a similar “fresh” sample. Again, the question is not about the stability of the EPO itself, but about the stability of the various isoforms that produce the banding pattern analyzed in the tests.

I admit that I don’t understand all the science here. The main thing I’m reporting is that different scientists view this question differently.

The next question is whether the various labs store blood and urine samples over long periods in a “well cared for” way that might allow for EPO testing. Christine Ayotte, head of the Montreal WADA lab, says that any program of testing frozen urine samples would require equipment and storage beyond her lab’s current capabilities — including what she described as “a whole new wing of freezers, with restricted access and backup compressors for the refrigeration.” Ayotte says that developing such a system to store samples “would be a waste of money and energy.” While you might disagree on the question of money and energy, it’s significant that Ayotte does not believe that she currently has the ability to store samples reliably over a long period.

One last note: my understanding is that CERA was detected by means of a chemical signature added by the pharma manufacturer, and not by the usual “banding” test. So the stuff we know about EPO testing may not apply to CERA testing.

Larry@IIATMS August 30, 2012 at 3:08 pm

Jean C, FWIW, I’m no big fan of UCI either. You’re right, if we’re talking about incidents that occurred before 2003, then of course I can’t blame WADA. But today, WADA’s power is greater than UCI’s. If we’re talking about a problem today, then WADA can probably address the problem as well as (or better than) UCI. And if the problem is some action taken by UCI, we have to ask whether WADA has the power to correct the action, or to sanction UCI for taking the action. For example, if UCI today is covering up a test result from 10 years ago, that might well be a current violation of the WADA Code.

Jean C August 30, 2012 at 3:18 pm

On TDF, they had used the 2 methods for more accuracy, and most probably to compare them on real cases. CERA is a big molecules that pass into urines while body is physicaly stressed. So the blood test is probably more likely used for OOC testing, urine tests could be enough for difficult stages. We should remember that Ricco didnt test positif at each stage despite having taken CERA, a long term effect EPO, before TDF.

On long time frozen urine samples, the only problem is to lose positive samples, no one will become false positive.
Blood cannot be stored too long because of degradation of itself, so they cannot use it for biological passeport measurement. But what about CERA within blood on long frozen period?

BTW, in the while, Italian Justice has seized those GIRO samples and should have restested them (or some of them) for their cases. Probably we will hear about them when their criminal investigations have been finished, sport being second priority in such case.

About UCI, Lance, in fact US POSTAL case, is probably a meaning to bend UCI towards cleaness!

William Schart August 30, 2012 at 6:45 pm
LauraLyn August 31, 2012 at 2:14 am

Liggett: Thanks for the reminder. Even better than his mastery of London slang was what happened 2 days later:

Wiggins in The Guardian on Friday morning, 13 July: “I don’t care what people say, the attitude to doping in the UK is different to in Italy or France maybe, where a rider like Richard Virenque can dope, be caught, be banned, come back and be a national hero.”

Wiggins to a news conference on Friday afternoon, 13 July, after David Millar wins the 12th stage of the TdF: “David Millar is a national hero.”

Read the Wiggins sickening blog in The Guardian of 13 July. He does not say a word against doping. He only says what would happen if he was caught. Reads just like Floyd Landis or Lance Armstrong before being caught.

If you really believe Wiggins won this year’s tour clean and Sky wasn’t doping, then watch this interview: http://www.sporza.be/cm/sporza/videozone/MG_Tour/MG_vive_le_velo/Tour2012_dag_1/1.1374958

Doping is more rampant in professional cycling now than ever before.

William: Great link. Hamilton moved up the release of his book from Lance Armstrong’s birthday to Pat McQuaid’s birthday. Moving up the ladder. How appropriate.

Jean: One would want to agree that somehow the case against Lance & Co. would affect UCI. Unfortunately, UCI owns the arena and Lance is still just a gladiator, even if he was given part owner rights. Mostly likely UCI will throw him under the bus and cut off its ugly head, Pat McQuaid, but it will be back to business as usual.

More interesting was the move yesterday by La Fédération française de cyclisme (FFC) http://www.ffc.fr/com/imgAdmin/_Actualites/2012/Communique_Amstrong.pdf

This is a strong move. Most importantly regarding UCI, ASO, and USA Cycling. Too much to explain, but Jean you will understand.

Jean: Do you see a way out? Is it possible to create a Truth and Reconciliation Process for cycling?

[Larry: You don’t know law, you don’t know science. You come here to smear US institutions and good people who do their job or tell the truth. You sell unabashedly the Lance PR: “there must be some legal loophole or something wrong with the science.” Lying and cheating in sports is destructive to America’s youth. Supporting it and bashing those who would clean up sport is unjustifiable.]

William Schart August 31, 2012 at 6:16 am

OK, I must have missed something along the line somewhere. What exactly is this “Truth and Reconciliation” program you all keep referring to?

Jean C August 31, 2012 at 6:38 am

LauraLyn,

I believe that reconciliation process could only works for something happening outside normal situation, like a war or a civil war. In those case, there is a clear line that has been drawn between the 2 contexts. For sport, that would be a date line, nothing strong enough for people to stop them, that will only last a few years. We have seen similar thing with political corruption, they agreed to change, but nothing changes or just a little progress.

I have more hopes with a system build like society : testing and prosecution clearly independent of sport federations.

With the release of Tyler’s book, the world of cycling should be shaken, especially UCI. Probably the (ex)women of UCI would have their say : Sylvia Schenk or Annie Gripper! That should affect IOC too with Verbruggen. A lot of the rotten apples are strongly together connected, everyone havong some prooves against others, but at one time heads should roll to preserve the rotten core. I would bet that Verbruggen would go down and get some money to stay quiet.
As result, we would have down one or 2 steps further.

LauraLyn August 31, 2012 at 6:40 am

William: This is something I brought up in an earlier blog here. A Truth and Reconciliation Process for cycling was originally suggested by Travis Tygart in a letter to UCI.

Of course, this is not something one would expect UCI to embrace. (Nor does it appeal to those looking for loopholes to save cheats.)

Jean C August 31, 2012 at 7:09 am

BBC has announced that USADA will release evidence against Armstrong. So we have to wait now.

There is a rule in WADA code that give them power to do so in case of an athlete lying about his case. With Armstrong trumpeting in Canada that he won 7 TDF, he probably has broken that rule.

William Schart August 31, 2012 at 8:06 am

So, re T & R: is the idea that we would set some date, say for example January 1, 2010, and agree that if you confessed to doping prior to that date, and supplied full details as best you know while promising to sin no more, you’d get maybe a slap on the wrist?

Rant August 31, 2012 at 8:43 am

William,

That sounds about right. The idea is based on the Truth and Reconciliation process used in South Africa in the 90s, after the apartheid government fell.

By the way, I’ve got Hamilton’s book on order. If I understand right, Amazon already shipped my copy. Any day now, I’ll get to see exactly what Tyler says on the subject of doping and Lance.

Jean C,

Thanks for the tip. Here’s the story on the BBC site, for those who want to take a look. I’m not sure Armstrong has actually broken any rules in that regard until the UCI accepts and implements USADA’s recommendations. All the procedural i’s need to be dotted and the t’s crossed. After that, however…

LauraLyn,

To be honest, it wouldn’t surprise me if doping in cycling (and any other sport, for that matter) hasn’t really diminished, or actually happens to be more rampant. From my perspective, a Truth and Reconciliation process will only work if the governing body of the sport is actually committed to the idea of clean sport. The current regime in Aigle? I’m not so sure.

LauraLyn August 31, 2012 at 9:15 am

Rant: A Truth and Reconciliation Process is not based in South Africa. But ok, it is one reference. Not one referred to by USADA.

UCI, ASO, USA Cycling are never going to clean up cycling. They own the circus. That is just a silly idea.

Jean C. I agree. A Truth and Reconciliation Process could only be one moment in history, and it would not last. You are right that there needs to be something in society, a system, that includes testing and prosecuting. This is what Travis Tygart is pursuing but he would be willing, and he leaves the door open, to let the truth surpass lawyering and pseudo-science. He is really a courageous and a heroic figure for American sport.

My guess is Verbruggen is out of reach. McQuaid will take the fall for everything wrong with the UCI. That is the way this has been played up until now.

The BBC article says nothing new, and probably is a bit misleading. There are established procedures which USADA follows and they are being followed. What is interesting with the BBC article is that it is one of the places where you can see the media turning away from the PR basement of Lance.

William: The only way a Truth and Reconciliation Process can work if it is led by the athletes. If at tomorrow’s stage of the Vuelta, they get off their bikes collectively and say we will not ride one mile further until our teams take all their dirty drugs out of our bags and out of our hotel rooms, and they fire all the corrupt doctors and sports directors, and we receive assurances that never again will a young rider hear: “The only way you can race with this team is if you take cancer causing drugs.” Only the riders can make this happen. As Jean says, it would only be a blurb in the history of the world, but what great blurb it would be.

Rant: The UCI has nothing to do with the verification of the evidence and the UCI will never be given the evidence no matter what they might claim to save face. They will be provided a reasoned decision and they will have to follow it.

Indeed if evidence goes in any direction, the UCI needs to provide the USADA with a ton of evidence they have. That will be the only direction possible that evidence will flow between the UCI and USADA.

The UCI will not appeal. That much is clear.

William Schart August 31, 2012 at 9:18 am

Rant:

Your link for the BBC story just takes me back here.

MattC August 31, 2012 at 9:18 am
LauraLyn August 31, 2012 at 9:32 am

Larry: Lance has personally attacked Travis Tygart and USADA. He has laughed in the face of American justice (Montreal being but one small incidence – he just happened this time to do it to cancer survivors [stupid move]).

Still, USADA is not in a big hurry to “release evidence” as BBC suggests. Lance will fall all by himself now, with or without evidence.

LauraLyn August 31, 2012 at 9:35 am

Matt: The Liggett interview is really sad. An enormous lie in South Africa.

It shows how corrupt the media has been and is.

Liggett is a business partner of Lance Armstrong.

Rant August 31, 2012 at 9:39 am

William,

Sorry about that. It’s working now.

Rant August 31, 2012 at 9:42 am

LauraLyn,

Actually, I don’t think I mentioned the UCI reviewing the evidence. The current stage of the process, as I understand it, is what you said. The UCI are asking for USADA’s reasoned decision, whether that includes all — or any — of the evidence, I don’t know. But once they receive that, it’s up to them to accept the decision and implement USADA’s sanctions.

LauraLyn August 31, 2012 at 9:59 am

Rant: UCI will receive (has received) a “reasoned decision”. Again, evidence is what you get in court. The UCI has no right to ask for the evidence, and they will not receive it.

The UCI is responsible for turning over the evidence they have on Lance & Co. to USADA. This is according to the WADA code. USADA has requested that evidence and WADA has made it clear they need to turn it over. Likely UCI will send USADA only some meaningless paper.

UCI has no choice but to accept the decision and implement the sanctions. It has no other avenues open to it.

Rant August 31, 2012 at 2:39 pm

For all who are interested, here’s Bonnie D. Ford’s review of Tyler Hamilton’s new book.

William Schart August 31, 2012 at 3:42 pm

Rant:

Thanks for fixing the link. It was interesting that USADA says they developed their case against Armstrong completely independent of the DOJ probe.

William Schart September 2, 2012 at 8:01 am

I’m going to toss out a couple of thought’s that I heard in the last few days, both related to the idea that Armstrong never tested positive. Ignore for the moment the claim there were positive tests that have been covered up and think (if possible) beyond Armstrong and consider things in general. And I won’t say if I hold either of these views. I’m just tossing these out to give some indication how different people think, and possibly stimulate some discussion.

The first idea is one a friend of mine, who is neither a cyclist nor to the best of my knowledge, a fan of cycling. His idea was that (if) Armstrong never tested positive, according to the “rules of the game”, as they existed at the time, he was “clean” even if he did beat the tests by some means. I am not sure if he meant that doping/anti-doping should be thought of as some sort of game where it is legitimate to use some sort of “skill” to beat the test, the way perhaps a football coach might devise some strategy to beat another team; or if he meant that, not having been able to catch him 7+ years ago, USADA et al should forget about it.

Second idea I heard this am on the radio. Some guy, and I didn’t catch who he was, opined that 1. Tests for some of the drugs Armstrong is accused of using did not exist at the time and 2. There are a number of other athletes (Marion Jones was his example) who never tested positive and yet are now known to have doped.

Larry@IIATMS September 3, 2012 at 3:40 pm

WS, your thoughts are good ones. The problem with your first thought is that the non-analytical positive is well established at this point. The problem with the second idea (or maybe this is the point behind the second idea) is that the false negative rate in doping testing is extremely high. In either case, the sad fact is this: it means next to nothing for an athlete to pass a doping test.

LauraLyn September 4, 2012 at 2:50 am

William: Your questions were good. They were just not answered with understanding.

Your first idea is, in fact, the one that Lance Armstrong (and other athletes) often implicitly imply: “I never tested positive.” They say, “I didn’t get caught by the rules [then], so I played by the rules.” This was what Lance said in his quitting statement (which was a lie) on his website. And many fans do hold this point of view. For example, they say it is unfair to go back and do retrospective testing. Lance retired, leave him alone. They also argue that the “statute of limitations” applies to Lance, that the USADA is going too far back beyond its mandate. All these arguments, and more, are related to what your friend suggested to you.

Your second point is completely correct. The doping is always ahead of the tests for doping. So, for example, EPO was not tested for in cycling until around 2001. But we know riders where using it before then (and since, even today). Probably we do not even know some of the most popular drugs in the pro-peleton today. And it could be that some of the drugs being used are not even licensed. So testing is not altogether reliable, but it is (as Travis Tygart has repeatedly emphasized) essential. It is indeed meaningful that testing is done and it does mean a great deal when an athlete passes a doping test (just ask one who has actually taken a test and not someone sitting in their armchair lawyering). And it also means a great deal to the public as well as to the sporting officials.

Non-analytic positives are not related to your first point. That was a red herring.

Jean C September 4, 2012 at 3:10 am

William,

USADA is going after Lance because of many reasons, the first being probably corruption. By shooting down Lance, USADA is putting a lot of pressure on UCI which should have done it’s job in 1999 (failed corticoïde test) and maybe 2001 for a failed EPO test as alleged by Hamilton and Landis.

As I know, Lance has never been accused to use drugs that didn’t exist in that time. Maybe a confusion with drugs that could not been tested at that time. It has been reported too that Lance used drugs that were still in trial experimentation, hemassist as exemple.

During blood doping years, we have seen 2 speeds for racing and a biased UCI doping control management.
That has been a lot of victims! Lance could have escaped if he had not made his comeback, he would not have been caught for blood doping in 2009 and 2010.

LauraLyn September 4, 2012 at 7:05 am

Jean C. Agree. According to Stade 2, it seems there are now 38 tests Lance failed between 2008 and April 2012.

At the end of the day it doesn’t matter. He has already received his sentence from the USADA. That isn’t light. But likely the worse is yet to come.

William Schart September 4, 2012 at 9:07 am

Well, now that people have had some time to respond, here are my thoughts:

I don’t totally agree with the idea that if you passed the tests as they existed at the time, then you’re home free. I do think that until you have had a chance to defend yourself, no official action (results stripped, suspension, etc.) should take place, with one exception I’ll get to in a moment. Just because we think a rider doped, or some author or journalist thinks so isn’t enough. Certainly take a look at whatever evidence a journalist or author might develop/uncover.

I do think there should be a statute of limitations, and that it should not be retroactively extended. We can argue at length as to how long SOL should be and whether or not there should be any exceptions, and if so, what they should be; but beyond a certain point it seems just vindictive to me to attempt to prosecute, and that there are diminishing returns in terms of any potential disincentives gained. YMMV.

Whether or not Armstrong failed any tests which have been covered up by UCI or any other organization I won’t get into. But in general, what do we expect an athlete to say? If he or she is being accused by non-analytic means, of course up to that point in time, they almost assuredly have passed all tests. Maybe because they were clean; maybe because they had some high-tech doping program designed to evade existing test, and maybe because they were just plain lucky. A non-positive test is just that, and basically, will look the same in any of the 3 scenarios I mention above.

There is the question of “suspicious” results that don’t meet the current criteria for a positive result, but which some “expert” claims are “consistent” with doping. The nature of many of these test are such that there is no clear “bright line” to separate clean from dirty; so we have to somewhat artificially make a line. There can be and probably is considerably discussion where to draw this line, and in part it depends on whether you are willing to possibly have some clean athletes who test positive as the price to pay to ensure you get more of the dopers, or are willing to have some dirty athletes get by in order to get fewer false positives. This is a philosophical question in which your opinion is probably just as valid as mine. No system is perfect and whatever it is, there are probably both some false positives and some false negatives. However, once we (in the form of some official organization) draw that line, then we must honor it.

William Schart September 4, 2012 at 10:33 am

Went for a ride after making the above post and in the middle of it realised I hadn’t discussed the exception I mentioned.

I am interested in the idea of using “suspicious” results in a manner like what’s done with hemocrit. Set a level X below which one is likely to be clean, a level Y above which one is quite likely dirty, and if the results fall inbetween, then the athlete had to sit out for a period until normal results obtain. This would be treated more like a foul than as a form of cheating. No appeal, but perhaps give an athlete a chance to show that otherwise abnormal values are normal for him.

You won’t get any benefit from doping if you are pulled from competition, and we could set the bar lower without fear of serious harm to a clean athlete tripped up by such a system.

Of course, in case of more clearcut results, the present system of lengthy suspensions, appeals, etc. would still apply.

Rant September 4, 2012 at 8:35 pm

Take a few days break from the blog and what do you know? A number of interesting comments.

William,

Interesting angles you’re discussing here. Keep that going.

LauraLyn,

A few notes to make. Regarding the “reasoned decision,” my impression is that the UCI is asking for something similar to what the arbitration panels write up once a case is heard and decided. During the hearings, it’s not uncommon for arbitrators to ask both sides to write briefs presenting their reasoning for why the panel should decide in their favor. Those documents usually provide each side’s reasoning with a summary of the most compelling evidence to back up their case. So, while I doubt that all of USADA’s evidence would appear in such a document, at the very least a brief summary of that evidence would. In essence, I believe that the UCI is asking USADA for the same type of brief that an arbitration panel would ask for.

Of course, since Armstrong decided not to fight, USADA could easily send a letter saying, “We charged him with these offenses, he didn’t fight, therefore we are banning him for life.” That, however, would probably not be something the UCI would accept. A more detailed document, like a brief written as part of an arbitration hearing, would make it much harder for the UCI to go against USADA’s recommendations, as it would spell out in more detail than the original charging letter what Armstrong is said to have done, who made the accusations, who backed up those accusations, and what physical evidence exists.

In a more recent comment, you say:

it does mean a great deal when an athlete passes a doping test

Certainly, for any athlete who passes a test, it means they won’t have to fight an anti-doping case. And for those who compete clean, they can breathe a sigh of relief that they didn’t experience the “joys” of a false positive result and having to make the choice between fighting an anti-doping case and sitting out a suspension. But there have been a few too many athletes who have managed to beat the tests for me to believe that a non-positive result is a confirmation of that someone competes clean. Even if you factor out Lance’s supposed 500 non-positive test results, enough others have found ways to beat the system that many fans give little credence to such a test result.

On a related note, regarding your last comment, I’d be interested in seeing an article with some details about those 38 positive test results for Armstrong that Stade 2 reported on. Do you have a link to that?

Jean C September 5, 2012 at 2:25 am

Dan Ariely about cheating
http://www.youtube.com/watch?v=nUdsTizSxSI

snake September 5, 2012 at 3:35 am

An interesting turn of events:

http://www.indystar.com/usatoday/article/57593548

Jean C September 5, 2012 at 4:15 am

Snake,

It seems that those lawsmakers didn’t bothered to read USADA accusations.
Is there any test for corruption, drugs trafficking, and so?

snake September 5, 2012 at 4:40 am

Trying to find other sources for this info, because the article doesn’t make sense, like THE FIRST LINE. I think they intended to say that 23 other state senators requested for Calfornia to investigate USADA. But, why CA?

LauraLyn September 5, 2012 at 6:24 am

Larry, you wrote: “So, while I doubt that all of USADA’s evidence would appear in such a document, at the very least a brief summary of that evidence would. In essence, I believe that the UCI is asking USADA for the same type of brief that an arbitration panel would ask for.”

You don’t get it. The “UCI is asking” is nonsense. It is simply part of the process, the rules, to give a reasoned decision (a bit as you describe it). UCI is just blowing smoke. Think before you believe.

The California State Senators action can be found here, press release and letter: http://sd16.senate.ca.gov/

Another dead end for Lance that just shows how much corruption is being hidden.

I don’t think this will get much further than Senator Sennserbrenner’s attempt.

Enjoy the read.

William Schart September 5, 2012 at 7:13 am

Unfortunately, it is virtually impossible for an athlete to really prove they are clean. A negative test result at best shows you were clean on a particular day, and perhaps for some prior period of time, but then we know that some athletes have tested negative but were still dirty. And if you weren’t tested at a particular event, there’s little way you can show you were clean.

If facing a specific accusation, like an associate saying “I saw Joe doping when I was at his apartment in Colorado on September 5, 2012″, an athlete might be able to say ” Couldn’t have happened, I was in California at the time, here’s proof.” but then if you don’t have an alibi, or the accusations are more general, you have little chance to do anything but deny the accusations.

So, in many ways, an athlete’s claim to have always tested clean, assuming it is true, is rather like a character reference: someone who is willing to say he doesn’t think the accused is capable of doing what he has been accused of.

Of course, much the same holds true for accusations: it is often really hard to prove that X did see Y doping when any sort of hard evidence exists. We may decide who we believe based on how reliable we think someone is, or perhaps on how their story matches our preconceived notions. I have the feeling that many people made up their minds long ago about whether or not Armstrong doped and that all the happenings of the past year or so have done little to change their minds.

So passing a drug test is a bit like passing a test at school: you’re ok for now, but you still may flunk if you do poorly on following tests or the prof finds out you cheated.

LauraLyn September 5, 2012 at 7:19 am

Williiam: “So passing a drug test is a bit like passing a test at school: you’re ok for now, but you still may flunk if you do poorly on following tests or the prof finds out you cheated.”

Exactly. And you can never prove you never ran a red light either. It’s just the way law and society work.

However, I do agree that athletes should not be put out of a sport until they have been found guilty. I understand why this is now the case, but I think it is not fair to athletes (even Lance Armstrong).

Rant September 5, 2012 at 7:28 am

LauraLyn,

LOL. You must need more coffee this morning! You mistook my comment as coming from Larry. Yes, it’s all part of the process. And yes, the UCI is blowing smoke to a certain extent. If one believes that certain people at the top of the UCI are corrupt, one could also say that they are looking for an excuse to challenge USADA’s actions.

Regarding the California legislators’ action, I agree that it will have about as much effect on USADA as Rep. Sensenbrenner’s actions did.

William Schart September 5, 2012 at 2:51 pm

I think we are seeing a turf battle, specifically now between UCI anf USADA over who has the power to formally strip an athlete of results. But the turf battle has been going on, or at least the seeds of it for some time now.

At one time, the various international governing bodies like the UCI had basically undisputed rule over there respective sports. But with the anti-drug efforts and the development of WADA, and it’s underling as well as the growing power of the IOC, the international governing bodies see an erosion of their powers. If USADA has the powee to investigate, try, and sanction riders, just where does UCI’s powers lie? If USADA and UCI disagree about whether or not an athlete is guilty, what the sanction for a guilty athlete should be, or even whether or not to investigate, who trumps whom?

Larry@IIATMS September 5, 2012 at 6:59 pm

WS, the WADA rule on disqualifications is WADA Code 10.1: “An anti-doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of the Event, lead to Disqualification of all of the Athlete’s individual results obtained in that Event.” I think that the “ruling body” of the TdF is UCI, though ASO and AFLD may have their own claims to make here.

Forgive my “silly lawyering”, but I don’t read the use of the permissive word “may” (as in “may lead to Disqualification”) to give much discretionary authority to the “ruling body”. My reading is that UCI is required to recognize USADA’s decision that Armstrong violated the anti-doping rules. I think this requirement is built into UCI’s own rules as well as the WADA Code. (It will be interesting to see if UCI views this differently.)

But if we turn to the question of whether Armstrong violated anti-doping rules “during or in connection with” each and every one of the 7 TdFs between 1999 and 2005, the matter might become more complicated. While some here may howl, proof of an athlete’s career-wide pattern of doping has not always led to blanket disqualification of an athlete’s career-long results (see Ullrich, Jan). Presumably, this is a critical matter for USADA to address in its “reasoned decision”.

There is also the issue of WADA’s and UCI’s statute of limitations — I don’t expect the statute of limitations to get in USADA’s way, but I would expect that USADA will at least have to explain how it got around the statute.

One last point about the importance of passing doping tests. Of course it’s a good thing for an athlete to pass doping tests. The question I was trying to address is, what does it prove to pass a doping test? It certainly does NOT prove that the athlete is not doping. Even without conspiracies and suppressed test results, doping athletes pass doping tests ALL THE TIME. The false negative rate in doping testing is extremely high. So I don’t take seriously any athlete’s claim that he or she is “clean” because he or she has been frequently tested.

Rant September 5, 2012 at 8:29 pm

Jean C,

Thanks for posting the link to the Dan Ariely talk. I’ve read a couple of articles he’s written on that subject. Good to hear him tell his story. Also, if you happen to know of a link to the Stade 2 report about Armstrong actually failing something like 38 tests during his career, please post the link.

Larry,

That’s a key point about passing anti-doping tests. As one person said when I was talking on KPCC, the absence of evidence (or proof) is not the same as evidence (or proof) of absence.

Jean C September 6, 2012 at 4:12 am

Rant,

In that report http://sport.francetv.fr/stade2/?page=reportage&id_article=183355 , they told that USADA would have samples that have been found positive by retrotesting.
No number is specified.
For Lance’s exwife, no conditionnal is used, it’s said that they were part of FBI investigation, and they should have given sworn testimonies.

About the 38 number, that should be the number of samples that USADA could have : AFLD had said that Lance’s samples would be sent.
ABout retrotesting, we can guess that EPO and plasticizer test have been done. Blood transfusion method requires to draw out blood for a storage, followed by reinfusion of old stored blood, that means that a lot of them could be positive.

William Schart September 6, 2012 at 6:29 am

JC:

I’m afraid my high school French isn’t up to understanding that link. From your post above, it sounds like maybe this is a case of tests which are now able to pick things up which couldn’t be caught in the past.

Larry:

From my experience, everybody, yours truly included, likes to be in charge of things. It may well be that UCI has little choice in the matter, but that doesn’t necessarily mean they aren’t going to make some noise about things. There’s that pesky word “may”, which can be interpreted a variety of ways, at least by us non-lawyers. And there’s the question of just what constitutes a “reasoned explanation” (or whatever the wording is). Is it enough to say Armstrong declined a hearing and he is convicted in default, or will USADA provide a more detailed account? If USADA only provides the “he declined a hearing” statement, or a brief summary of their evidence, might UCI claim this isn’t sufficient? Time will tell.

Jean C September 6, 2012 at 11:34 am

William,

We can only speculate about those retro-tests, that could be to new tests that were not available like plasticizer test, and/or testing specific products. As we know, samples are not tested with all tests available, only a few of them are run on a sample.
Knowing Lance’s doping program means that USADA could have searched for specific PED.

USDA should and would provide the less information they can to achieve their aims for 2 main reason:
– to keep ammunitions for Lance’PR fight
– to protect their case against Bruyneel & co

MikeG September 6, 2012 at 2:08 pm

I guess this could be termed “filling in some of the missing pieces”:

OOPS…

http://www.cyclingnews.com/news/vaughters-confirms-past-doping-by-danielson-others-at-garmin

He was specific about Danielson, and how he looked to solve the rider’s problem. “So, Tommy D… Here’s a guy that has used o2 vector doping, and with some success [Oxygen vector doping refers to increasing oxygen delivery to the muscles via increased hemoglobin, ed.]. But when you test him, without o2 vector doping, you quickly see this guy has massive aerobic ability. O2 transport isn’t the limiting factor with his body/mind. However, he is not a mentally strong athlete. He succumbs to nerves and pressure very easily.

“So, in looking at his physiology and psychology, the rate limiting factor is the latter, not the former. So, working on that makes huge strides. Giving him o2 vector doping is akin to putting a bigger engine in a car with a flat tire, because you want it to go faster. yes, it will make the car with the flat tire go faster, but you could just go ahead and fix the flat tire instead?”

What are his requirements for hiring someone? Ex-doper or clean rider, “I treat them the same. With one condition: That they will ride clean on my team.

Rant September 6, 2012 at 7:44 pm

Mike,

That was a huge OOPS. When I was a kid and we lived in England, I had a teacher — Mr. Bristow — who would cane anyone who spoke before he thought through what he was going to say. (The girls in my class never got in trouble for this, as it happens.) Vaughters clearly wasn’t doing much thinking about the impact of what he was writing when he posted his comments. If he’d been in my class back then, Mr. Bristow would have caned him but good.

William Schart September 7, 2012 at 8:56 am

I went back and re-read that Vaughters piece and I’ll confess, whatever you all are talking about in terms of a big Opps went completely over my head. Seems to me he basically said three things:

1. “Sure I’ve hired some riders with a past, but I don’t worry about that, I just ask that they ride clean for me.” I have no problem with this, although I am curious as to how exactly he determines if they are indeed clean.

2. “I didn’t hire Jaksche because I didn’t think he’d fit in.” This is the kind of decision sports team managers make all the time. No big deal here.

3. “Tim Danielson’s problems were more psychological than physical, so if the psych problems can be solved there’s no need to dope.” Again, no big deal, unless maybe you’re looking at this as an indication that Vaughters considered doping.

What am I missing?

Rant September 7, 2012 at 9:28 am

William,

From my perspective, it was using Danielson’s name. Has he already admitted to doping in the past, or was he one of the people who cooperated with USADA? If not, Vaughters outed him as a doper. Given that JV has been purposely vague about his own past up until recently, one could argue he should have allowed the people he’d hired that had a past should have been the ones to decide when and how to come clean.

JV could have talked about Danielson’s situation without using his name, by saying “one of the riders I hired …”

Giving his reasons for not hiring Jaschke, it was relevant to list use his name. In Danielson’s case, he could have gotten his message across without identifying the rider specifically.

So, now that the cat is out of the bag, what possible impact would it have on Danielson? One, USADA could open a case against him. In fact, they would need to if they want to prove that the Armstrong case wasn’t just a vendetta against a particular rider. Of course, if he was one of the people who cooperated, they would need to explain that he will be receiving a suspension that will be reduced based on his cooperation.

JV, from my perspective, didn’t think that through before he posted his comment.

Jean C September 7, 2012 at 9:48 am

JV message was damage control, he knows that his riders have spoken to FBI and USADA, and that would be known soon. Better to anticipate than have to fight it.
Releasing their names while Tyer’s book is out is a good strategy too: everyone is looking to Lance and the Danielson’s part is given more credibility to Tyler’s book.

Rant September 7, 2012 at 10:26 am

Jean,

Judging by JV’s comments on Twitter, I don’t get the impression that it was an attempt at damage control. Certainly, he knows who talked to the Federal investigators and USADA — at least as far as his own riders go. I’m only about a third of the way through Tyler’s book. Haven’t seen Danielson mentioned yet, that I recall. From Daniel Coyle’s introduction to the book, if Danielson is mentioned somewhere in the book, I would be surprised if he didn’t know about that. Still, I think JV should have let Danielson decide whether he wanted to be the one to first publicly mention his past.

MikeG September 7, 2012 at 10:47 am

Just came across this from Joe Lindsay over at Bicycling.com:

Vaughters added that not one of the three riders was upset with him. Which is quite curious because, normally, you’d expect a rider to be absolutely furious that someone shared such a sensitive secret so carelessly.

If Vaughters is right and the three aren’t genuinely upset, the question is, why not?

http://bicycling.com/blogs/boulderreport/2012/09/06/the-coming-wave/

Rant September 7, 2012 at 11:00 am

Mike,

That does sound rather curious. But, hey, if they’re not upset with him, I guess it’s a case of no harm, no foul. Like you said, though, the question is, why not?

Perhaps they’ve all spoke to the Feds and USADA and they know what’s coming. I’ll look at that post by Joe Lindsey when I get a chance later on today.

William Schart September 7, 2012 at 12:51 pm

Thanks for the explanation. I wasn’t familiar with TD, so I wasn’t aware that JV was outing him. Kind of figured since it was in context with other names already more or less “out” that TD was already in that situation.

MikeG September 7, 2012 at 1:48 pm

Now McQuaid has inserted the UCI into the mix:

Although the names of the riders who testified are yet to be made public, McQuaid said he would look into statements made by Garmin-Sharp manager Jonathan Vaughters, who wrote in the Cyclingnews forums that several of his riders had doped in the past, including Tom Danielson, David Zabriskie and Christian Vande Velde.

“We need to see if Jonathan Vaughter’s accusations have any substance so we can see if we take action against these riders,” said McQuaid.

http://www.cyclingnews.com/news/uci-may-not-appeal-lance-armstrong-ban

Jean C September 7, 2012 at 3:03 pm

Mike,

The best part being that McQuaid will not challenge USADA on Lance’s case, so Lance will be stripped of all his TDF.

Larry@IIATMS September 7, 2012 at 3:29 pm

Interesting. I see nothing in the WADA Code that would require UCI to respect any agreement by USADA not to sanction Danielson and the others.

Jeff September 7, 2012 at 8:15 pm

If not the “Code”, politics will dictate UCI substantially knuckles under to USADA on the issue.

In other news, McQuaid floats the idea of Amnesty.
http://www.cyclingnews.com/news/uci-to-introduce-doping-amnesty
About *&%king time!
Even if his motivation is less than pure.

William Schart September 7, 2012 at 9:03 pm

An amnesty program might work if we had some reliable way to ensure riders are clean going forward. But unless WADA has something up it’s sleeve, it’s still pretty much the deal we discussed above: a clean test doesn’t mean much. So there’s not much to prevent a rider from accepting amnesty for past sins, and the keep on with business as usual, except maybe the threat of really putting some serious hurt if you’re caught after amnesty. A lot could depend on the status of a rider’s career: if you’ve only a year or two left, might be considered worth it.

Then maybe I’m just to cynical.

Jean C September 7, 2012 at 11:26 pm

From http://www.washingtonpost.com/sports/cycling-chief-considers-doping-amnesty-for-riders-officials-in-wake-of-armstrong-case/2012/09/07/1a30840e-f928-11e1-a93b-7185e3f88849_story_1.html

the myth of the 500 tests debunked :
Armstrong, who walked away from the sport in 2011, has always denied doping and notes that he has passed hundreds of tests. McQuaid said 215 tests throughout Armstrong’s career were overseen by the UCI, and insisted there was no cover-up of a failed test by the Texan in 2001 as has been alleged.

Is McQuaid distancing himself from Lance?

For sure, that point will not increase Lance’s credibility after the propaganda campaign about 500 tests!

Larry@IIATMS September 9, 2012 at 12:14 pm

Jean C, for certain Armstrong was tested outside of the oversight of UCI — for example, when he participated in the 2000 Olympic Games. It is possible that McQuaid is not counting doping tests conducted out of competition in the United States.

Jeff, you’re right, UCI will probably knuckle under to USADA and accept the deals that USADA cut with riders to get their testimony against Armstrong. I think that UCI wants this story to go away, as quickly and quietly as possible. My point is, there’s nothing in the WADA rules that requires this result, nor is this result necessarily in the best interests of cycling. As a rule, the decisions made by a national anti-doping organization are not binding on international ADAs (see the Contador case, for example). Moreover, it’s not clear that 10+ cyclists (including a number of active cyclists) should escape doping sanctions so that 1 cyclist (retired) can be punished.

Jeff September 9, 2012 at 4:23 pm

Larry,

I don’t disagree with you.

There has long been a disconnect between what should happen and what does happen regarding the issue of anti-doping in cycling specifically and sport in general.

Lack of sane, unselfish, and forward thinking leadership both in Cycling and Anti-Doping has led to unnecessary damage and ruin to the lives of numerous individuals who are disproportionately represented by riders.

That lack of leadership and bowing to self serving interests has produced the mess Professional Cycling has found itself in for the last decade+.

It’s difficult to respect a system that establishes “lines in the sand” with a wink and a nod, then largely singles out riders as the sacrificial lambs. This all done while fat bureaucrats pontificate and reap unearned rewards and certain officials make a name for themselves by creating a theatrical show of victory claimed in a war they apparently don’t realize is little more than a battle un-won.

YMMV

Jean C September 10, 2012 at 2:16 am

Of course Lance has been tested by other entities like USADA, AFLD and during IOC.

A glimpse of how many tests could have had Lance according UCI rules, that chart is older than McQuaid statements.
http://dimspace.co.uk/lancetesthistory.png

Even if some tests could miss, that is far away of the 500 tests clamed loudly by Lance.

Jeff,
The current mess is the results of UCI management, who don’t have run cycling as a sport but as a bad business, trading sport values for “mafia” values : dishonest behavior to protect interests.

Jeff September 10, 2012 at 6:02 am

Jean C,

Upper level “leadership” (if we can call it that) of UCI lacks many redeemable qualities. (UCI very bad)

WADA/USADA are not without serious faults.

WADA/USADA – Bad
UCI- Very Bad / The Worst

William Schart September 10, 2012 at 6:48 am

And let’s not forget the IOC, who in many ways I think is responsible for this mess.

Jeff September 10, 2012 at 9:16 am

Back in the day, Playboy rated party schools. (Still do?)
One year in the mid-late 70’s, they declined to rank UVA, because “they don’t rank professionals”. (Probably on the strength of “Easters” – a huge blowout party of epic proportions – later banned out of existence)

While it was really an oversight, I’m going to say I didn’t mention IoC, because when we are ranking the worst of the worst, I don’t rank professionals. 😉

LauraLyn September 10, 2012 at 10:08 am

Larry writes:
“Jean C, for certain Armstrong was tested outside of the oversight of UCI — for example . . . .
“Jeff, you’re right, UCI will probably [then you copy and paste what I have said so much better] . . . .My point is, there’s nothing in the WADA rules that requires this result, nor is this result necessarily in the best interests of cycling. As a rule, the decisions made by a national anti-doping organization are not binding on international ADAs (see the Contador case, for example). Moreover, it’s not clear that 10+ cyclists (including a number of active cyclists) should escape doping sanctions so that 1 cyclist (retired) can be punished.”

Larry, from what planet are you? You have no idea what you are talking about. Please first read the WADA rules before publicly spreading this nonsense.

Exactly what in all of this is “bad for cycling?” Please tell us.

You are constantly promoting the lie. And that is wrong.

Jeff September 10, 2012 at 10:17 am

LauraLyn,
Might be useful to the rest of us if you could provide a cite?
I think Larry provided an example on point to support his thesis.

susie b September 10, 2012 at 11:08 am

LauraLyn – What planet are YOU on? Do you honestly not recognize that the destruction of Lance Armstrong & the INCESSANT doping AND anti-doping perpetuated by & within the sport is BAD for the professional sport of cycling? At least in the USA it most definitely is.

And SOMEone please explain how crucifying ONE athlete for doing the SAME thing done by MOST in the sport for DECADES “helps” cycling?! If Lance is stripped, then STRIP EM ALL. Strip Riis, Indurain (oh, please), Pantini, Ulrich, Delgado, Fignon, Hinault, Pereiro. And what about the “greatest cyclist of all time” – Merkcx? Do you REALLY think he did all that without ANY pharmaceutical help? Wasn’t he thrown out of the Giro?

And let’s NOT stop with the winners?! Why shouldn’t Vaughters be “banned for life” just because he wasn’t ever good enough to be more than pack fodder?

Anyone who says PEDs hasn’t riddled this sport for decades is a fool. And anyone who thinks the right way to “clean up” the sport is to go back & destroy all the past champions is ALSO a fool. Ironically, this method is akin to chemotherapy – where the “cure” is sometimes worse than the disease. Either way, you can KILL the PATIENT.

Jean C September 10, 2012 at 11:49 am

Suzie,

You are confusing sport, even for professionnal, and entertainement. Sport has his own values that Lance didn’t follow, he has been prosecuted for that, like many others that have been punished for sometimes faults less important.

Lance has been found gullty of doping, trafficking and corruption, so he deserves a much bigger punishment. I am surprise that you cannot understand the reasons and the message send to all athletes by that case. We, in favour of Lance’s disgrace, have much sense that you believe, maybe you should read Dan Ariely’s books.

Don’t try to pretend that all others did like Lance, that is totaly not true. Who else has corrupted UCI and labs?

Why would Landis, Contador, Kohl, Ricco, Pantani, or Virenque, not have a free pass too? And what about the small guys who have to dope to keep their job while the biggest names were making $ of their fraud?
Should we let run the big white collar thieves run too? The Madoffs and co?

William Schart September 10, 2012 at 2:08 pm

For better or worse sport are entertainment. Certainly professional sports, which depend on people being willing to pay for them in some way. Sponsors are willing to pay to get their name in the public light. Which in turn depends on people being interested enough in the sport to pay attention to it. Spectator sports, like football (pick your own version) depend on people paying to attend, and now on people tuning in on TV, which again depends on sponsors.

Here in the US cycling has often struggled for respect from the general public, who all to often perceive cycling as either a juvenile activity to give up once you get your driver’s license, and/or something that those Europeans with strange names do, dressed in dorky clothes. So yes indeed, even though Armstrong et al may well deserve what they get, this will not be good for the sport here in the US.

Larry@IIATMS September 10, 2012 at 2:11 pm

Jean C, we should be careful here. Armstrong was charged with certain offenses in USADA’s charging letter, and Armstrong chose not to contest those charges in a USADA arbitration. That does not mean that Armstrong has been found guilty of every doping offense alleged in the media or elsewhere.

Go back and review the specifics of the USADA charging letter, cited here: http://on.wsj.com/MdnlU8. According to the letter, Armstrong used EPO, blood doping, testosterone, hGH, cortisone, and saline and plasma infusions. Elsewhere the letter refers to masking agents. The letter states that Armstrong personally engaged in this doping, and was personally in possession of at least some of these substances. The letter states that Armstrong encouraged and assisted others to dope, and occasionally distributed EPO to other riders. These are very serious charges, to be certain. But how different are these charges than the ones that can be made against Landis, Hamilton, Ullrich and many others?

Yes, the charging letter alleges that Armstrong was involved in “trafficking”, “as described in more detail” in the first 9 pages of the letter. But the only specific allegation going to “trafficking” is the one I mentioned earlier, that Armstrong occasionally distributed EPO to other riders, and this is an activity that many other doping cyclists may have engaged in. I do not mean to minimize the serious nature of this allegation, but there’s no specific allegation that Armstrong personally purchased EPO, or that he moved EPO across national boundaries, or that he sold EPO to other riders, or that he did any of the other things that we commonly associate with the word “trafficking”. The “trafficking” activities specified in the charging letter are activities that many other doping cyclists may have engaged in.

Yes, the charging letter alleges that Armstrong covered up anti-doping rule violations. But we’d expect that every doping cyclist would try to conceal his doping from the ADAs and the rest of the world. Yes, the charging letter repeats what we’ve already heard from Hamilton, that Armstrong told other riders that a 2001 positive test (presumably in the Tour de Suisse) “had been covered up”. Even here, there is no specific allegation that Armstrong participated in that cover-up – all that is alleged is that he knew of a cover-up.

If you’re looking in the charging letter for how Armstrong is different from other doping cyclists, you need to move to the most general and least specific portions of the letter. Yes, it is alleged that Armstrong participated in a “USPS conspiracy” to dope, to conceal and cover up this doping, to acquire and distribute doping products, It is alleged that there was a team “expectation” that riders would dope. It is also alleged that the conspiracy included enforcement of a “code of silence” through means of “fear, intimidation and coercion”. It is alleged that Armstrong participated in this conspiracy, and more particularly that he engaged in activities to conceal the conspiracy, including “attempts to intimidate, discredit, silence and retaliate against witnesses.” To my way of thinking, these are the most serious charges raised in the letter. But if you consider the letter only, there are no allegations of any specific efforts to enforce an “omerta” (and yes, the letter uses that term), no specific example cited of Armstrong seeking to silence or threatening anyone. And outside of these general accusations regarding concealing the conspiracy and the other matters I’ve mentioned above, there’s no allegation that Armstrong personally participated in the acquisition and distribution of doping products, or in the design of the doping program.

Yes, we’re all aware of allegations in the media and elsewhere that would seem to support all of these most general of charges in the charging letter. I’m not saying that USADA made these charges without basis. What I AM questioning is the meaning of Armstrong’s decision not to contest USADA in arbitration. Strictly speaking, a plea of “no contest” contains the same immediate effect as a guilty plea, but it carries with it no admission of guilt.

Even if you DO see Armstrong’s actions here as a confession of sorts, I think it’s unreasonable to see this as a confession or finding of guilt regarding every accusation ever made against him. USADA made a series of charges against Armstrong in the charging letter that Armstrong chose not to contest. Those charges never mention “corrupted UCI and labs” – perhaps such things took place, but the letter never specifically alleges such corruption.

Yes, it is easy to confuse what Armstrong did, what he is suspected of having done, what has been proven, what USADA accused him of having done, what (in effect) he pled guilty of having done, and what (if anything) he confessed to doing. Admittedly, Armstrong is not doing much of anything to alleviate this confusion … but then again, neither is anyone else. USADA is acting as if Armstrong’s failure to arbitrate is proof that everything anyone has ever said about Armstrong is now proven to be true – but this is not the case, not as a matter of law, or logic, or basic fairness.

Jean C September 10, 2012 at 5:28 pm

Larry,

To punish Lance, USADA should have found him guilty, have’nt they?

Larry@IIATMS September 10, 2012 at 5:56 pm

Jean C, has USADA found Armstrong guilty? Yes, in the sense that (1) USADA made the accusations I described in my previous comment, and (2) Armstrong decided not to contest those accusations.

In this situation, USADA is acting as prosecutor, and a prosecutor makes the case for prosecution but does not “find guilt”. Yes, a prosecutor should assure itself that the accusations it makes have some basis in fact, that there is probable cause to believe that the accusations are true. But this is not the same as saying that a prosecutor must “find” the accused to be guilty of every accusation raised by the prosecution. The finding of guilt is made by a judicial body (a court or arbitration panel).

It is perfectly normal in the course of a trial or hearing to discover that the prosecutor’s accusations were not 100% correct (or at least, that the prosecutor could not prove 100% of its accusations to the satisfaction of the judicial body). We saw in the Clemens and Bonds cases that the prosecutor dropped many of its accusations for lack of evidence, and again this is not unusual. We allow prosecutors some “zeal” in the making of its accusations.

But back to your question. If we were dealing with a matter of criminal law, where the accused made a plea of nolo contendere, we would not say that the prosecutor found the defendant guilty. We would say that from the standpoint of punishment, the result of the plea was the same as if the defendant plead guilty.

So as you put it, Armstrong has been “found guilty”, but the question is: guilty of what? Which returns us to my point: the finding of guilt arises from Armstrong’s decision not to arbitrate the accusations made by USADA in its charging letter. The finding of guilt is thus tied to USADA’s charging letter, and it cannot go past the matters specified in that letter.

William Schart September 10, 2012 at 10:08 pm

Larry:

I think that USADA is acting both as prosecution and judge here. If Armstrong had chosen to contest the charges, the indeed it would have gone to a hearing with USADA acting as the prosecution, and the putatively neutral panel acting as judges. But unlike a case in the US justice system, where a defendant is entitled and required to enter a plea in a hearing in front of a judge who then can render a verdict if the defendant chooses to plead either guilty or nolo contendre, there is no similar provision in the ADA system, to the best of my knowledge. So it looks to me that he has been found guilty.

I know that Armstrong questioned USADA’s jurisdiction, but even if some other agency (WADA, UCI, etc.) had filed the charges, once Armstrong declined to appeal, the process and result would have been substantially the same.

Or am I missing something here?

Larry@IIATMS September 10, 2012 at 10:41 pm

WS, I confess that the Armstrong situation is not the easiest thing in the world to parse out. But considering Jean C’s question concerning a “finding” of guilt, I think that USADA is acting as prosecutor only. The “finding” of guilt was not made by USADA — it is the product of USADA’s “indictment” plus Armstrong’s decision not to contest. True, in a U.S. court, a plea of nolo contendere must be made in court, and the judge has the power to reject that plea. But I don’t think we can imagine USADA assuming the role of a court here, as USADA had no power to reject Armstrong’s refusal to go to arbitration — nor does it make any sense to imagine USADA doing so.

I think you have a better argument when it comes to sentencing. Normally, a prosecutor does not have the authority to impose a sentence on a defendant. We should also note that the imposition of a lifetime ban is NOT mandatory under the WADA Code, even in cases involving trafficking and administration, so USADA’s decision to impose a lifetime ban does involve an element of something like judicial discretion.

To reiterate a point made earlier: I read Section 10.1 of the WADA Code to permit disqualification of Armstrong’s TdF results only (1) upon some reasoned argument by USADA that Armstrong committed an anti-doping violation that occurred “during or in connection with” each one of those Tours (the conspiracy alleged by USADA may be sufficient here), and (2) upon “the decision of the ruling body” of the Tour (UCI, I believe) to so disqualify. So, I don’t think USADA has the power to do anything more than recommend disqualification — which is consistent with the power of a prosecutor to recommend sentence to a judge.

Ultimately, I agree that Armstrong has been “found guilty”. But the finding is a result of a charge and Armstrong’s decision not to contest. I see no reason to make USADA into a judge that “made” this finding.

Jean C September 11, 2012 at 3:11 am

The process is more like a road police officier stopping and fining a driver for speeding, lack of insurance,… and then proposing him to challenge them in court.

William Schart September 11, 2012 at 6:18 am

Jean:

Probably depends a lot on the particular jurisdiction, but often here in the states a traffic stop will require a trip to court. I know, I’ve been there.

William Schart September 11, 2012 at 6:28 am

Larry:

I see your point. But USADA is acting like they are in fact judge, jury, and executioner. Of course, there’s still the matter of that “reasoned decision”. Just what they will send to UCI, and whether or not UCI accepts it remain to be seen. My guess is that USADA will not provide a great deal if details, at least until the rest of the cases play out, and that UCI will knuckle under. UCI will want this to die down as quickly as possible, so won’t want to get into a pissing contest with USADA.

Larry@IIATMS September 11, 2012 at 8:57 am

Jean C, that is a good analogy. USADA DOES act as both police and prosecutor.

MattC September 13, 2012 at 8:45 am

My entire comment is directed towards the proposed/hoped-for amnesty.

“In its letter to the UCI, USADA called for what its general counsel William Bock labeled a “truth and reconciliation commission,” and noted it was the only way to “clean up the sport of cycling once and for all.”

Maybe I’m missing something here, but does ANYBODY think it’s actually possible to clean up ANY sport “once and for all”? I don’t believe it for a moment. Unless you take away ALL the money, fame and prestige that come with winning. And even then, probably not.

LauraLyn, a while ago you said something akin to ‘doping is ruining our children’ (I didn’t go back to look so apologize if I got this wrong). I disagree. I think it’s human nature that is ruining our children. It’s basic human nature for us to be competetive. And sports is the ultimate arena for finding a ‘winner’, all the way down to little-league sports. There are League champions in baseball and soccer all the way down to the 6-10 year olds. Score is kept. They learn it at the earliest levels. There are winners and losers. NOBODY wants to be a loser. The old saying “it’s not whether you win or lose, it’s how you play the game” is something said by the 2nd place team.

There are and always have been those among us who are driven to be better than everybody else in every aspect of life. Insofar as sports are related, those people are the ones who most will most likely excell in their sport and have the best chance of making a professional career in this crazy world where the sports industry is probably the biggest dollar-value entertainment we have.

The very same drive that got them to the upper echelon of their sport is the very same drive that will allow them to rationalize “whatever it takes” to win. For a cyclist to slip out of the pack and get on a train and then step off and win a TDF stage (it has happened, and he got caught) would be looked upon as cheating by ANYBODY. But taking PED’s, where the athlete still does ALL the work (in many cases more, as PED’s allow for harder/better training and recovery, thus making the athlete better than his competitors) isn’t seen as cheating. It’s just the athlete ‘being all he can be’. The difference between illegal PED’s and legal supplements (that also benefit the athlete’s performance) is a distinction made by someone else.

It’s very easy for people not involved (armchair quarterbacks) to make judgements and decide what is legal and what is not. But athletes will NEVER STOP seeking an edge over their competitors. EVEN if this “truth and reconciliation” process happens, the athletes in ALL sports will continue to do whatever it takes to win, just with new and different ways. What helps them to be their very best today will not be what helps them tomorrow and in the coming years. This has been true since the very first competition occured.

I don’t even race, (done a few mtb races but finished in midpack)…but if I could be prescribed and safely take EPO (which would most certainly boost my performance, as I have been at/near anemic hemacrit levels for my entire life) I would take it in a hearbeat. Why? Becasue I want to do better. ALWAYS. I race against MYSELF each and every time I ride. There’s no money or fame involved here. I’m just an aging guy continually fighting to beat my last time up that hill, and my overall time on my last ride. I wouldn’t see taking EPO as cheating in even the slightest way. It’s not like my bike has an electric motor…I’m the guy out doing the work. Why should I be penalized by having a lower natural hemacrit level than the next guy?

Why would the pro’s feel any different? Why would kids? The world is based on competition. At work. School. Sports. Play-time (recess…ever play dodge-ball as a little kid? Tetherball? Four-square?) EVERYTHING is a competition. Grades in school. Tommy did better than Johnny. Valedictorian at graduation. Winning is and always has been everything.

Just look at the recent Olympics….the lovely “Medal count” on the news EVERY DAY! That is why sports will NEVER be clean.

Larry@IIATMS September 13, 2012 at 11:44 am

Matt C, let’s understand the UCI amnesty proposal for what it is.

Thanks to USADA, practically a generation of American cyclists have been promised no consequences for any doping they may have engaged in, in exchange for their testimony against Armstrong. In contrast, you have the vast majority of world cyclists who are still potentially responsible for any doping THEY may have engaged in. One group of immune cyclists, and a larger group of cyclists with no immunity. What is the difference between the two groups? One group rode with Armstrong, and the other did not.

This should give pause to even the most rabid anti-Armstrong folks. I understand that for those who view Armstrong in the most unfavorable light, there’s practically no cost too great to pay to get Armstrong sanctioned. But with those sanctions (practically) in place, it’s hard to argue that Rider A deserves immunity from doping punishment but Rider B does not, merely because Rider B wasn’t lucky enough to ride with Public Enemy Number One.

Given this situation, it can be argued that the only fair thing to do is to offer a general amnesty, and give the Rider Bs of the world the same opportunity given to the Rider As: to be immune from sanction for any confessed doping offense for which they have not already been sanctioned. Of course, we can argue for and against the fairness of a general amnesty – for example, is it fair for Floyd Landis’ sanctions to stand, merely because he was caught and the other guys were not?

But there’s no reason to pretend that this will clean up cycling. The amnesty will only clean up the situation created by USADA’s blanket offer of immunity to anyone willing to testify against Armstrong.

LauraLyn September 13, 2012 at 4:51 pm

William, Jean C. is right. This is how arbitration works, the world over. It is done this way, believe it or not, to benefit athletes. Lance was once a strong proponent of it. His coach helped to write the rules. If Lance believes the charges are wrong, he could have contested. The only plausible reason he did not contest is because they are true. The comparison is with a criminal that enters a court room and pleads no contest. Of course, the evidence is not presented and the criminal is sentenced.

Matt C. I am happy to be on the second place team. And the first place team, if they cheated, they didn’t win. It is that simple. Those who cheated not only did not win, they also stole the win from those who played fair. The corruption runs deep. It runs through Lance Armstrong’s entire life and all his activities. A lie is a terrible thing.

It is not human nature to be “blamed.” It is for sure that humans are not perfect, that some people believe, as you suggest, “winning at all costs.” These are weak people who never learned to be satisfied with the person/athlete they are. If they cheat to get the trophy, the trophy doesn’t belong to them no matter what is engraved on it – and they stole it from someone who played honestly.

What Larry says about the USADA and the UCI amnesty is total and utter nonsense. I don’t know how to say it nicely. It is just wrong to send this kind of deception into the world.

As you say, Matt, Brock suggested in his letter to UCI that what was needed for cycling was a Truth and Reconciliation Commission. It was brilliant. Primarily what that means is that cyclists and all those involved in cycling need to be given an opportunity to come forth and tell the truth. If this happens, no doubt UCI and USA Cycling and ASO and other organizers, like those this past weekend in Florida who called the cops on the USADA doping controllers, will be shown to have been complicit in doping.

UCI is trying everything it can to cover ups its very large role in doping in cycling. So it proposes an “amnesty,” not truth telling. It is proposing only that riders come forward and say, Yes, I doped. Then they are forgiven their sins of the past and they continue to ride. The UCI does not want what the USADA wants: riders, managers, team doctors, and others coming forward and saying Yes, I was involved in doping and this is how it happened, this is the truth. And the UCI does not want it because it goes straight to McQuaid and Verbruggen and utter corruption.

Larry has no idea what the USADA offered teammates (and maybe others, we have no idea who) in exchange for telling the truth, including about Lance Armstrong and the 5 others on the US Postal Team that were involved in doping, trafficking drugs, and influencing others to take drugs (no small charges). What is for sure is that it is not “practically a generation of American cyclists” (what mumble jumble utter nonsense from the basement of Lance’s PR offices in DC), but a handful of riders and perhaps others who saw Lance Armstrong dope, who saw him provide others with dope, who saw him traffic drugs illegally, who saw him dope younger more vulnerable riders – what USADA is offering this limited number of riders is a reduction in sanctions (not amnesty by any means) for telling the truth and (what the UCI does not want) the whole truth.

And what Larry does not mention is that this same deal was offered to Lance Armstrong and he turned it down. And what Larry does not mention is that this same deal is still on the table for Lance Armstrong, and he still is so arrogant and full of hubris as to turn it down. What Larry and Lance still have not figured out is that Travis Tygart may be the only friend Lance has left in the world.

And if Larry dopes he can be right sure that Travis will also offer him a deal for telling the truth. And if he doesn’t dope, then I have no idea why he is saying such nonsense here.

Lance Armstrong is not a victim by any stretch of the imagination. He is a criminal and beyond that, an unrepentant one.

And yes, he is a danger to our children.

Rant September 13, 2012 at 7:57 pm

LauraLyn,

Perhaps I’ve missed something, but up to now I haven’t seen any reports that Lance was offered the same kind of deal as the others (presumably a reduced suspension in exchange for telling what they know). Armstrong, Bruyneel and the others seemed to be the target of USADA’s investigation. So, at least on the surface, it doesn’t quite make sense that they would be offered that kind of deal — unless USADA had an even bigger or more highly placed target in mind. (Maybe McQuaid, Verbruggen and others at the UCI and in other high places?)

When news reports offered the names of some of the potential witnesses against Armstrong, et. al., Lance made a statement to the effect that no one offered him that kind of deal/incentive to tell the truth (no idea whether that’s actually the case, but he said it).

It almost sounds like you’re in a position to know. So when was this deal offered, who made the offer, and what are its exact details? Or can you point to a news report that provides some insight?

Jean C September 14, 2012 at 2:28 am

Matt,

People riding while using EPO are clearly cheating , they benifit from a new extra muscular engine powered by an extern mean.

As you pointed, race should have only winners, we should not promote sport as a winner/losers thing.

Laura Lyn is probably right, Lance has been offered the same deal, I have read about it sometimes. That should be one of first statements of Tragart after Lance’ councelors that witnesses had been paid.
We can believe that USADA wanted and still want to put down the Verbruggen, McQuaid ann Lance’s partners mafia. That is an important step to clean cycling.

William Schart September 14, 2012 at 5:51 am

Larry:

That is an interesting idea, that an amnesty program might be implemented to redress the imbalance that some riders get a get out of jail card, whiles others still (at this point in time) face the possibility of prosecution. But just how binding is USADA’s decision to grant immunity on either WADA, or UCI. Or for that matter, the national ADA or cycling federation of other countries where any of these riders have ridden?

Of course, it’s possible that WADA has signed off on whatever deal USADA has made. If so, then presumably the national ADAs would have to follow suite. But if not, what is to prevent the French, through either their ADA and/or cycling federation, from taking action against any of these riders for whatever they might have done during any event under French jurisdiction? Or any other nation where these few riders may have competed?

Rant September 14, 2012 at 7:25 am

Jean,

Tygart was quoted in a number of places saying USADA had offered Lance the chance to meet with them and answer questions, if I recall correctly. Armstrong turned down or ignored that offer. But I haven’t seen anything that suggested he was offered a deal similar to the others, as far as receiving a reduced suspension for whatever he might admit to (though, being Lance, that would be nothing). As far as meeting with USADA goes, if Lance was ever struck by an attack of conscience (I doubt that will ever happen), I’m sure Tygart and USADA would still be willing to meet with him and hear his story.

MattC September 14, 2012 at 8:28 am

Jean C, you said:

“People riding while using EPO are clearly cheating , they benifit from a new extra muscular engine powered by an extern mean.”

If this were actually true, then why are oxygen (hyperbaric) tents stilll legal? They provide the same benefit as EPO (albiet probably more slowly), as they artificially coax your body to increase it’s red blood cell count.

They may be frowned upon but still totally legal, and are in use by athletes all over the world. I’d personally be terrified to sleep in one of these…as you are inside a plastic bag (tent) where the mechanical device has actually removed some of the air, simulating whatever altitude you set it for, thus stimulating your body to produce more RBC’s to compensate for the higher altitude it thinks you are at, however you do all your training at your real altitude (sleep high, train low).

IMO, THIS is really dangerous! If this machine malfunctions in any way, you could literally die in your sleep. But using EPO, not dangerous (if used correctly).

And LauraLyn, I’m not sure what world you live in, but it’s clearly a different one than the one I see every day where there are rewards for winning EVERYWHERE. However, IF somehow all the charges are ultimately dismissed against Lance and he beats this, I’ll remember you said you are happy to be on the 2nd place team…and we’ll see how happy you are then. I’m betting that is not true whatsoever. Winning is EVERYTHING, and you are clearly proof of this by everything you say here.

William Schart September 14, 2012 at 8:48 am

As I recall, at one time Dick Pound said he would like to see not only hypobaric tents banned, but also high altitude training. I can see some difficulty in enforcing a ban on the tents, unless you have a witness. Didn’t Landis cobble up his own?

But a ban on high altitude training is totally nonsense. What did Dickie have in mind doing about all the people who live at altitude? I’ve spent a good part of my life post high school in locations around 5000 feet or more in elevation, and with rides available at up to over 10,000 feet essentially from out my front door.

But in general, I think Matt has a point here: using any PED is only cheating because it has been banned. Remember the 1984 US Olympic cycling team. A number of them used blood doping via transfusions, and it was perfectly legal at the time. Hence it was not cheating. Whether we want to throw cycling or any sport open to PED usage is a different question, but cheating is defined by the rules as they exist at any point in time, and rules can and often are changed.

Jean C September 14, 2012 at 9:55 am

Matt,
Tents have already been banned, moreover their advantage is small, much less than EPO or blood transfusion.
Maybe a tent could be dangerous, but EPO by itself has already killed athletes and thicker blood than natural, is still one of the multiple causes of heart failures.
By itself, using your body out of his natural limitations would damage it. Last point, it has been reported that long term use of EPO is a risk of cancer.

The purpose of banning tents and altitude training, not yet done, is to make more difficult blood doping. To live in altitude or most of his time at a similar altitude allows to have a good set of values for biological passport, so that should not be a problem. And biological passport is just for pro-athletes.

Larry@IIATMS September 14, 2012 at 9:57 am

MattC, EPO clearly CAN BE dangerous when used by athletes as a PED. When used as a PED, EPO “thickens” blood, which causes additional circulatory strain as well as damming (clotting) in smaller blood vessels.

William, when it comes to the binding nature of anti-doping immunity deals, we’re in an uncertain area. The WADA Code does not address these deals, and I don’t think there’s anything in the UCI rules or any USADA protocol addressing these deals. I’m reasonably certain that UCI or WADA can appeal a USADA decision not to seek sanctions against an allegedly doping athlete, just as UCI and WADA appealed the decision of the Spanish authorities not to sanction Contador. But there are many unresolved issues and much we don’t know about the current situation. Again, this is an argument in favor of a general amnesty, to clarify the existing situation and to make certain that all cyclists are given the same deal.

William Schart September 14, 2012 at 11:36 am

Larry:

At least we agree that an amnesty program will not clean up cycling or any other sport. But what could an amnesty program actually accomplish?

For one thing, it could give us information about the nature and extent of the doping situation in the past. Assuming that a significant number of cyclists come forth and give us the truth, nothing but the truth, and the whole truth. But that, in my opinion, is a pretty big assumption. Depends on what any individual rider perceives as the likelihood he might get caught for any past infraction, and how meaningful any sanction might be. Banning a retired rider, even stripping results, might not bother a retired rider all that much. Of course, if a retired rider wishes to pursue a career in cycling under official control of UCI, a ban might be harmful, if his idea of retirement is to open up a bar or even a bikeshop, much less so, if at all.

There is also the chance that someone might make a false confession for strategic purposes, just in case someone else were to implicate him.

So maybe we get an idea of who was doing what and maybe not.

The question of fairness is a tricky one. I see your point that some riders have apparently been given a pass because of what they were in a position to witness, while other riders remain in jeopardy. USADA did what it thought it had to to in order to take down some people it thought it had to take down, and I won’t comment on whether or not the end justified the means. But USADA is not in a position to offer general amnesty to all riders. In our US justice system, deals are made with some defendants and not with others, depending on circumstances of any particular case. Is that fair and should it even be?

As far as clarifying the situation, that will only happen if all the various agencies involved get together and implement a system with clearcut delineation of who is responsible for what, what powers each agency has and does not have, and who can appeal what decisions when. Remember this ultimate extends far beyond just the sport of cycling. Personally, I don’t see that all the players are ever going to agree on everything.

MattC September 14, 2012 at 12:39 pm

I have to admit I did not know tents were banned (when did this happen? They didn’t used to be illegal)….however, when used CORRECTLY (ie, under a Dr.’s supervision) EPO is quite safe. And yes, athletes have died from it (taking it on the sly as they do now), as they had their hemacrit up well into the high 50’s/low 60’s, and being young and in awesome physical condition they had resting heart rates in the 30’s (mine is still a 42, and I’m 52 years old!)…and they had heart attacks in their sleep from the uber-slow heart beat trying to pump sludge…again, this just brings the point of rider safety…if things were done in the open and under a Dr’s care (and a max hemacrit level set for a racer to be allowed to race) it would be a totally level playing field, AND safe for the athletes (this has all been discussed here before). Obviously rider safety ISN’T the main focus here, nor the level playing field. If you can’t stop it (which clearly they can’t), legalize it and regulate/monitor it.

MattC September 14, 2012 at 12:52 pm

Uhm, Jean, I don’t think they are illegal…here is an article about them, and some people we all know who are using them NOW…

http://inrng.com/2012/06/the-altitude-tent/

An exceprt from the article:

“Who Uses It?
There’s hardly a central register but usage is very common. The old Slipstream-Chipotle jersey even used to feature the CAT logo, a provider of this gear.

Sleeping in my tent tonight after nearly a kilo of wife’s beetroot soup, you know what comes next

— Bradley Wiggins (@bradwiggins) June 14, 2012

I don’t think Wiggins was on a camping holiday. This isn’t to single him out, I recall it mentioned for Cadel Evans and many riders do the same. In recent days, I’ve seen a piece in Cyclesport Magazine where Thomas de Gendt is mentioned. And I got the idea for this subject after a tweet by Greg Henderson yesterday:

The things we do….thanks kindly @Hypoxico. Currently sitting at 3500m twitter.com/Greghenderson1…

— Greg Henderson (@Greghenderson1) June 18, 2012”

Larry@IIATMS September 14, 2012 at 12:57 pm

MattC, no. Really. No.

No drug is “safe”. All have side effects. When we say that a drug is “safe”, what we’re really saying is that the benefits of use of that drug for patients with a particular condition outweigh the risks. So, EPO has been approved for use by certain patients, such as those with anemia. It is for these uses that the drug has been studied and tested.

Once we start talking about use of EPO by athletes, we’re no longer within a context where the safety of EPO can be assessed. There is no recognized medical benefit for the use of EPO by a healthy cyclist. Therefore, the risks of using the drug outweigh the benefits, and the drug is not “safe”. If this sounds overly technical to you, then go with the idea that we have never studied the health effects on healthy people of drugs like EPO. We cannot even be sure that these drugs WORK the same way on healthy people!

Ditto for any notion about EPO being used by a cyclist under a doctor’s supervision. If there’s no medical reason for a cyclist to use EPO, then how exactly is a doctor supposed to supervise its use?

MattC September 14, 2012 at 1:00 pm

And then this exceprt (from the comments) from the same article:

Mick June 20, 2012 at 5:27 pm
In a recent interview with Michael Phelps and his coach about his preparation for the London Olympics, they made sure to get in a segment about him sleeping in an altitude tent. When I saw this, I couldn’t help but think “wow, its not just cycling and skiing anymore.

LauraLyn September 14, 2012 at 1:18 pm

Rant: Yes, Travis Tygart said it in an interview after the ban. He also stated clearly that the interview was still on the table. And it makes perfect sense. Tygart is interested in cleaning up the sport. He is honest, and he has dealt with Lance no differently than any other cheating athlete.

Lance simply lied about never having an offer. But Lance has lied and lied and lied. He does not know how not to lie, it seems.

There is no reason to believe that USADA is going after McQuaid and Verbruggen. (But hopefully someone will.)

William: what you write about a UCI amnesty is pure nonsense. You need to read again what I wrote. There isn’t and there will never be a UCI amnesty. It is just blowing smoke.

MattC: There are no rules against training at altitude or sleeping in an altitude tent. Sure accidents can happen with altitude tents, but I am unaware of anyone dying from one. People do die (and have died) from EPO. Don’t just invent things.

In the first Tour de France’s riders could only have 2 bottles of water a day. If you used three you cheated. Cheating is breaking the rules. It is that simple. That is how the USADA works.

“Winning is everything.” That is pure stupidity. And if Lance the sanctions against Lance are ever manipulated to let him off, I will not be bothered much at all. It will be a shame for cycling, a shame for America, a shame for cancer victims, and a shame for our youth. But Lance is a cheat. I cannot believe he won anything honestly. He never won. It is that simple. I could always be happy with 2nd, 3rd, 155th . . . . who cares. What does 1st prove? And if you cheat, you never did get first.

MattC, your statements show shallow thinking and unethical and untenable positions.

MattC September 14, 2012 at 1:28 pm

Larry, you thoughts that it (EPO/CERA) hasn’t been officially studied in healthy athletes is true, however I don’t think it’s arguable that there IS a rather large benefit to the athletes using it. To say that it’s use is unsafe and outweighs it’s benefits belies the fact of it’s HEAVY use among elite athletes in endurance sports.

Just look at the results of those accused/convicted of using it over the years, as compared to those who don’t. Rico was CRUSHING the field in the TDF (post Lance) when he was caught with the new CERA test, only Rasmussen was even remotely able to follow (and he was then thrown out of the race due to his unknown whereabouts during training…and his fantastic riding that year was certainly suspicious). If it doesn’t have any benefit to healthy athletes, well…somebody should tell all the athletes (pro AND CAT riders) this so they can save their money. There are some great articles out there written BY the former users documenting their use and success. Which is why it’s banned and tested for. Just not very well (apparently).

Rant September 14, 2012 at 2:13 pm

LauraLyn,

Well, there it is at USAToday.com. Interesting that Tygart says he would have been willing to reduce Armstrong’s ban if he’d cooperated. Given that Armstrong was one of the targets of their investigation, I wouldn’t have thought they’d be willing to do that.

Larry@IIATMS September 14, 2012 at 2:32 pm

MattC, EPO enhances the performance of cyclists, in that it helps them reach finish lines faster. But that’s not a recognized medical benefit.

William Schart September 14, 2012 at 2:56 pm

One additional factor to consider: many drugs are in fact controlled substances. Although there are different schedules of controlled substances here is the US, I am sure that EPO is not something you pick up OTC. Using a controlled substance without a proper prescription is probably illegal, although at what level I don’t know. And I would think that for a doctor to prescribe a drug for other than valid medical reasons would certain be against medical ethics, and possibly lead to getting his license revoked. Making PEDs “legal” in the context of sports isn’t as simple as bringing back the spitball.

Plus, if you made it “legal” but restricted, you still would have people who would attempt to get an advantage by exceeding the dosage limits.

LauraLyn September 14, 2012 at 3:28 pm

Larry: Get a grip. Please don’t post about that which you know nothing. EPO provides a medical benefit, and that is why cyclists can cross the finish line faster.

William: Yes, most of these drugs are available only on prescription. So any wonder that three of the people charged together with Lance Armstrong are medical doctors.

As I said here before: cyclists don’t dope alone.

It is certainly against medical ethics. I find it a real pity that these doctors don’t have their medical licenses revoked.

LauraLyn September 14, 2012 at 3:31 pm

Rant: Thanks for finding the article. The offer is still on the table.

One day Lance will hopefully wake up and realize that Travis Tygart is now his best friend.

Jean C September 14, 2012 at 3:58 pm

About hypobar (altitude) tents, they are banned in Italy since 2005, and that should be the same for Tour de France, but was not able to confirm it by a quick search.

Matt,
There is no safe use of any medicine, even under the supervision of a doctor.
Moreover, cheaters are looking for an advantage so to allow the use of PED would not refrain them to use more of them than allowed. That could only be more dangerous, and make doping control protocol more difficult.

And there is no leveled playing field with PED, ofr many reason, one being that blood doping benifits more to large body, explaining why big guys were able to beat small climber on mountain stages.

Larry@IIATMS September 14, 2012 at 4:16 pm

LauraLyn, of course EPO has a medical effect; it helps a cyclist ride faster by increasing the capacity of the cyclist’s circulatory system. But that effect can in no way be seen as medically beneficial, any more than Tom Simpson’s reported use of amphetamines was medically beneficial. There are many ways to improve a cyclist’s performance while risking the cyclist’s health, and EPO is one of them.

You yourself have made the point that the proliferation of PEDs is a public health issue.

EPO is like any other prescription drug. It is medically beneficial when used for approved purposes, such as treating anemia. EPO was not designed to improve the health of the general population. Use of EPO by cyclists should be regarded by all as unsafe, as there are risks associated with healthy cyclists using this drug with no known medical benefit.

susie b September 14, 2012 at 4:20 pm

Funniest thing I’ve seen in AGES : “Tygart is interested in cleaning up the sport”. ARE YOU KIDDING? You should get a job at Comedy Central.

NOTHING that any anti-doping agency or ANY group in the USA can “clean up cycling”. It’s a Euro-powered sport (i.e. the powers that run it are European). Plus, even if every single rider, manager, owner, sponsor was thrown out & barred from the sport “for life”, doping would still occur. Some form of doping or PED is in pretty much every professional sport. Genetic manipulation is next.

I still havent figured out Tygart’s end game. If it was just to increase his own power/notoriety or a personal vendetta against LA & those connected with him or maybe some attempted take-down of the UCI. Or maybe it’s like a guy who’s um, “small” & drives a fancy, expensive car for compensation – since USADA has NO power over the “important” (i.e. MONEY) sports in this country, he goes after the tiny, poor ones to try to prove to everyone that his organization really is worth the TAX payers’ money that fund it. And the fact that their TESTS don’t seem to catch more than 5% of the dopers, well, lookee over here while he waves his scarf (something up his sleeve?), why, he’s got “evidence” in the form of fellow dopers who NOW want to spill their guts so they can feel all better about themselves because the weight of the big, bad secret is off their poor, frail shoulders. Tests, smests.

I personally would LOVE to finally see a day where there is no cheating of any kind in “sport”. It’s NEVER existed up til now, but one can dream. In the meantime, I think we should go back through every sporting record & hunt out/expunge all the “dopers”. And based on the “evidence” that “convicted” Lance, we don’t need tests! Just someone to “testify”. (I saw Colonel Mustard doping in the library! It was 25 years ago, but what does that matter!)

And once we take care of the pesky dopers, we can get down to the IMPORTANT task at hand – rid the country of the REAL cheating & corruption in our society – BUSINESS & POLITICS. Can’t wait!

MattC September 14, 2012 at 9:41 pm

You go Suz!

MattC September 14, 2012 at 10:27 pm

Wow….LauraLyn, I guess that’s because I’m a probably a shallow unethical person. I must say, I always thought I had rose colored glasses on…but sheesh…you need to step down from your paper-mache tower, take off your blinders and have a good look at the world we live in. Winning isn’t everything….HA! That’s quite funny! You must be a comedian when you’re not online slamming people you don’t know who don’t happen to agree with you.

And btw, quit tossing out your OPINION as fact…it’s very tiring. Yada, yada, yada, yes, we all know by now that you believe you know EVERYTHING there is to know, and every statement (opinion) you fling out (which is pretty much all you do btw, you don’t seem to be much into ‘discussion’, which is generally what goes on here) is to be considered absolute undeniable fact. Just ask you. Or don’t… express a thought that doesn’t jive with the great all-knowing oracle and you will get personally attacked. Dang…now you’ve got ME doing it!

To my shallow thinking, it REALLY seems like you like to win…at least in the safe online arena of printed words. You certainly MUST have the last word I’ve noticed (ie, the WINNER of EVERY topic). 2nd, 3rd, 155th…that’s hysterical!

snake September 15, 2012 at 10:58 am

I couldn’t help but notice something she said in a previous thread:

“Nico: Trolling can be a dangerous sport. Be careful to distinguish the lure from the prize fish.”

Which tells me a whole lot about what she seems to be doing.

LauraLyn September 15, 2012 at 11:01 am

Larry: Thank you. I stand corrected. “EPO has a medical effect; it helps a cyclist ride faster by increasing the capacity of the cyclist’s circulatory system. But that effect can in no way be seen as medically beneficial.” You are right and I was wrong to suggest that the use of EPO in sports is “medically beneficial.”

susie b: Well, at least we both agree that we do not agree with doping or other forms of cheating in sport. Who would you say has done more to clean up doping in sports recently than Travis Tygart and the USADA?

MattC: Dang. And yes I do wear rose colored glasses, just without the blinders. You see what you see. I see what I see. I suppose that is fair enough.

Snake: Thanks for reminding everyone.

Liggett junkie September 19, 2012 at 8:07 am

Obama Derangement Syndrome, meet Armstrong Derangement Syndrome.

BuzzyB September 20, 2012 at 10:32 am
Larry@IIATMS September 20, 2012 at 4:20 pm

I had to look up “sockpuppet” on wikipedia.

William Schart September 21, 2012 at 6:52 am

Interesting. Veerrry interesting.

BuzzyB September 21, 2012 at 9:19 am

Larry. You aren’t alone. I had to look up that and “troll”. I guess I’ve got too much gray hair (actually, its all gray, but I look at my brothers and at least I have hair!). 😉

BuzzyB September 21, 2012 at 1:21 pm
Nico September 22, 2012 at 1:02 pm

Looks like USADA is dragging their feet:

http://espn.go.com/olympics/cycling/story/_/id/8409755/uci-questions-lance-armstrong-file-delay-usada

I have a feeling that this process still has years to go.

To wit, a few issues:
-If the USADA made deferral arrangements in exchange for the promise of testimony, that’s gotta be in the file right? Do they have the ability to stop UCI from prosecuting based on the proposed testimony?

-Does the USADA include the bit about the 2001 Tour de Swisse in the file?

-Does the USADA have the right to appeal to the CAS if the UCI disagrees with their proposed charges and sanctions?

-And finally, if this does wind up in the CAS, what’s Armstrong’s standing in the proceeding? And if the CAS does render a decision, does he (and/or the USADA) have standing to return to US courts?

Larry@IIATMS September 23, 2012 at 11:24 am

Nico, we’ve speculated here already on whether UCI and WADA would be bound by USADA’s grant of immunity to riders in exchange for testimony. The short answer seems to be, there’s nothing in the WADA or UCI rules on this question, so who knows? I personally doubt that any such deals are binding on international authorities, or even on national authorities outside of the U.S. But this question (to my knowledge) has never been addressed before.

We don’t know what will be in the USADA file, or even that USADA will submit a file. We’ve discussed this earlier: the WADA rules appear to impose two reporting obligations on USADA. The first obligation, set forth in WADA Code Section 14.2.2, requires that USADA must “publicly report the disposition of the anti-doping matter”. This public report must specify the anti-doping rule violated, the Prohibited Substance or Prohibited Method involved and
the Consequences imposed. This report was due twenty (20) days after Armstrong’s waiver of the arbitration hearing, meaning that the deadline for this report has already passed. Perhaps USADA’s August 24 press release satisfies the Section 14.2.2 requirement. http://www.usada.org/media/sanction-armstrong8242012

The second WADA Code rule involved here is Section 8.3, which requires USADA to issue “a reasoned decision explaining the action taken.” Note that there’s no specific requirement here that USADA submit a file to UCI, nor does the rule impose a deadline for the submission of this decision.

As I read the rules, USADA has results management responsibility for the Armstrong case under WADA Code Section 15.3. Under UCI’s anti-doping rules, I think that UCI might have contested USADA’s assumption of results management responsibility, but UCI’s rules allowed UCI to cede this responsibility to USADA, and I think that’s what occurred here.

So … assuming that USADA takes the formal steps required under the WADA Code to make its decision official, I think it then falls to UCI to either enforce USADA’s decision, or appeal it to the CAS. I’m not sure what would happen if UCI chose to ignore USADA’s decision — possibly WADA would intervene, and it’s possible that the whole mess would wind up at CAS, but this would not be an “appeal” by USADA.

As for Armstrong, he’s in a funny position. Because Armstrong waived his right to an arbitration hearing, he may not have standing under the WADA Code to appeal the sanctions imposed by USADA. Armstrong can always return to U.S. court. But the courts are reluctant to intervene in the WADA arbitration process, and Armstrong’s chance of success in U.S. court is remote.

To be honest, we’re in unknown territory here. I think that USADA will have its way here, as they appear to have WADA’s full support, and public opinion is on their side.

William Schart September 25, 2012 at 7:04 am

WADA and UCI are going to have to weigh the “benefits” of a national-level organization granting immunity to get a big name doper vs the idea of letting off some other dopers. Of course, as far as I know, we don’t know the extent of USADA’s deal. Will it be a complete free pass or merely some form of reduced sentence? Since some of the potential “dealees” have retired or are near retirement, some sort of reduced ban that might allow them to soon resume an out-of-saddle cycling career might be in the works. Who knows?

BuzzyB September 25, 2012 at 1:15 pm

Why the hell does Tygart grant an interview to L’Equipe? Something smells rotten. USADA has no police powers — they won’t be able to compel Armstrong to testify. What is the end game that Tygart is gunning for? Some springboard to the IOC chair?

TheRaceRadio September 27, 2012 at 12:21 am

On a cycling news forum people were talking about the evidence in the Lance Armstrong case. Race Radio spoke up and said he had chatted up Sheryl Crow and she had revealed confidential court information to him.

Then someone asked: Who is Race Radio?

And someone responded: Who is Powers Endurance Sports?

For the latest gossip on Lance Armstrong, follow Race Radio on https://twitter.com/TheRaceRadio

Rant September 27, 2012 at 8:34 am

FYI, folks. The Race Radio, via a direct message on Twitter, informs me that the comment above didn’t come from him.

TheRaceRadio September 28, 2012 at 12:55 am

What I literally said is: “No, it was not me. It appears there is some nut posting as RaceRadio in various comments sections. It is not me”

SusanW September 29, 2012 at 8:36 am

Who is this race radio? One day he calls someone a “nut” on twitter and the same day he calls someone on my site an “idiot.”
Is he a sockpuppet for some cycling news editor? What is he hiding about himself and Lance Armstrong?

Jean C October 3, 2012 at 12:57 am

A most unsatisfying ending with Birotte dropping Lance’s investigation leaving a lot of questions that are surging again now:
http://www.nydailynews.com/sports/more-sports/usada-forthcoming-report-lance-raises-questions-article-1.1173205

William Schart October 3, 2012 at 3:09 pm

I am not privy to what the Feds may have been able to find out about Armstrong, but we must realize for them to proceed, they would need evidence that Armstrong violated some federal law and that such violation occured in US jurisdiction. And they would need good enough evidence to make a case, even with the presumably heavy weight of the Armstrong legal team opposing them. If there was some evidence of wrong-doing, but no federal violation, dropping the case would be appropriate.

As the cited article points out, USADA does not need to observe some niceties, like constitutional rights and the like, which the DOJ does. They don’t seem to worry much about jurisdiction, and certainly don’t need to worry if something is or isn’t a federal crime.

MattC October 4, 2012 at 8:30 am

I”m assuming you’ve all seen the news that Floyd has been officially told to shut up about the UCI,( calling them corrupt and such among other things). Just wondering how this will continue to play out once we’ve seen USADA’s ‘case’ against LA…(specificly, if there’s any evidence about an actual failed test that was covered up, substantiating Floyds assertions). And also the lawsuit against Kimmage will be affected too. Interesting times we live in, certainly never a dull moment!

Rant October 4, 2012 at 8:54 pm

Matt,

The UCI’s victory is a hollow one in the long run. I doubt they can actually enforce their judgment against Floyd, to be honest. It’s about PR. Pat and Hein “stood up” against the accusations Landis made, just as they are in their suit against Paul Kimmage. One thing, it sounds like the UCI made no real effort to contact Landis or to serve him with the lawsuit to begin with. They published a legal notice in some newspaper and waited. Then, when Landis didn’t respond, the court issued a default judgment against him.

Kimmage is going to fight back, and we’ll see what USADA’s dossier in the Armstrong case provides. I wouldn’t be surprised to see that document back up Landis’ claims. They may have won a victory, but I suspect McQuaid, Verbruggen and company are ultimately going to lose the war.

Jean C October 5, 2012 at 2:02 am

+1 with Rant about Landis-UCI.

If Swiss laws are similiar to french ones, that could backfired strongly if UCI is find to be corrupt and Heiny and Patty were aware of it, the worst for them being part of corruption!
I hope there is no exemption for member of international organisation based in Switzerland.

William Schart October 5, 2012 at 7:47 am

How does a Swiss court get off telling a US citizen what he can do on US soil?

Rant October 5, 2012 at 9:52 am

William,

Precisely. Had they brought their lawsuit in a US court, they would have lost, by the way. Pat and Hein are public figures. Unless they could prove that Landis knew his statements about them and the UCI were not true and that he was making them with malicious intent (and reading a person’s mind is next to impossible), the court would have found in Landis’ favor. But they chose to use a court in Switzerland, not a court in the country where the comments were actually made. Trying to enforce the judgment will be problematic for McQuaid and company. And as long as Landis doesn’t go to Switzerland — which he may never do — the Swiss court will have almost no sway over him.

Liggett junkie October 6, 2012 at 8:10 am

Oopsie! This is the part that the UCI and the Swiss lawyers/judges accidentally-on-purpose forgot: http://www.hcch.net/index_en.php?act=authorities.details&aid=279

Jeff October 7, 2012 at 9:08 am

Nice cite.
I’m curious.
1) Did the Swiss Court in question consider the issue of jurisdiction?
2) If they did and decided yes, what was the rationale?
3) It’s clear they are bound international agreements regarding proper service.
4) Did they ignore their duty?
5) If not, how was service accomplished?

LeMond is about as much a favorite of mine as Armstrong. Regardless, I have to admire him for calling the UCI out by challenging them to sue him in a USA court:
http://velonews.competitor.com/2012/10/news/must-hear-greg-lemond-speaks-out-in-wide-ranging-interview-on-irish-radio_256161
See: “On Paul Kimmage and his battle with the UCI:”
bottom of the page.

MattC October 10, 2012 at 11:56 am

And so…the USADA case against LA is FINALLY seeing the light of day. From the Velonews article, I find this pretty interesting:

“USADA for the first time made public the 11 U.S. Postal riders that provided testimony in the investigation. Those riders are: Frankie Andreu, Michael Barry, Tom Danielson, Tyler Hamilton, George Hincapie, Floyd Landis, Levi Leipheimer, Stephen Swart, Christian Vande Velde, Jonathan Vaughters and David Zabriskie. Tygart confirmed that each of the active riders had been suspended and called on the UCI to pursue a truth and reconciliation program for riders willing to come forward with information regarding their previous doping activities.”

So…what happens to THOSE riders? The active ones are suspended…are they going to get a free pass in the end? And what about those who are retired? Do their records remain intact?

I find it strangely unsatisfying to know that all this effort was to nail ONE man, cuz obviously LA was the one and only ringleader of ALL doping in ALL sports…he not only personally manufactured the drugs, but he distributed them to the entire peleton, and personally trained EVERYBODY how to use them, how to discard the ‘evidence’, etc etc. Yep…it was a one man show in sports doping…and now that he has been nailed it’s all better now. And everybody ELSE who was using, well…who cares.

I just ask this: is anything TRULY different in the peleton? Cuz I’m not seeing it…

susie b October 10, 2012 at 12:29 pm

Come on, Matt – isn’t it clear by now that Lance was an East German PLANT in this country? To spearhead a DOPING master conspiracy? And having him “work” in the sport of pro-cycling which is SUCH a HUGE financial pot of gold where all participants became instantly rock-star famous, why it was just pure genius.

Plus, if he was ever caught, it would take the spotlight off their DECADES of Olympic doping & possibly the cry to STRIP all those manly girls (or is it girlie men?) of all their ill-gotten MEDALS? Again, puuuuuure genius.

Of course, some say Tygart is really trying to “prove” that Lance is Keyser Soze. Hey, Travis, we’ve SEEN the movie! Still got that gold lighter?

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