Lance Armstrong is fighting to not only keep his seven Tour de France
titles, but also maintain his reputation as one of sport's most
remarkable athletes.
Along with the cyclist, several members of Armstrong's former team were charged. These included Luis Garcia del Moral and Michele Ferrari, both team doctors, trainer Jose "Pepe" Marti, team physician Pedro Celaya and Johan Bruyneel, director of the U.S. Postal Service (USPS) team.
The American lost his
latest legal bid to halt the U.S. Anti-Doping Agency's case against him,
which has come more than a year after his retirement from cycling and
subsequent move to triathlon competitions.
The 40-year-old, who
fought back from testicular cancer to win cycling's biggest race from
1999 to 2005, has described himself as the "most tested athlete in the
world" and long denied any involvement with illegal doping.
"Lance has passed nearly
500 tests over 20 years of competition," declared spokesman Mark Fabiani
in response to allegations from disgraced former teammate Tyler
Hamilton -- who has admitted taking performance-enhancing drugs during
his career.
However, the former
chairman of the World Anti-Doping Agency, Dick Pound, has long argued
that Armstrong was involved in the dark art of doping.
"Look all around him and everyone else is doing it, so what should you think?" Pound told the New York Times.
After months of legal
arguments, the two parties are now left with no option other than
solving the dispute between themselves. So where did the charges come
from, and how did the two sides develop such a bitter relationship?
What are the charges?
In June 2012, the USADA charged Armstrong with doping and trafficking of performance enhancing drugsAlong with the cyclist, several members of Armstrong's former team were charged. These included Luis Garcia del Moral and Michele Ferrari, both team doctors, trainer Jose "Pepe" Marti, team physician Pedro Celaya and Johan Bruyneel, director of the U.S. Postal Service (USPS) team.
"Armstrong is facing some pretty serious charges from USADA," explains Peter Flax, editor of Bicycling Magazine.
"He's been accused of
the use of of prohibited performance-enhancing drugs and methods, as
well as being involved in the possession, trafficking, and concealment
of these activities. The list of drugs and doping methods is pretty much
the kitchen sink of what was possible in the era in which Armstrong
rode."
It is believed the
charges stem from a federal investigation by Food and Drug
Administration special agent Jeff Novitzky. His investigation didn't
result in any charges, but Novitzky -- who led the fight against the
Balco Laboratory and doping in Major League Baseball -- is understood to
have helped with the USADA case.
What is the USADA?
The U.S. Anti-Doping
Agency is the body responsible for monitoring in and out of competition
drug testing for U.S. Olympic and Paralympic sports.
It is responsible for enforcing the World Anti-Doping Agency code, and its bans apply around the world.
"USADA's job is to
protect clean sport rather than enforce specific criminal laws," its
chief Travis T. Tygart said at the time of the federal case's collapse.
"Our investigation into
doping in the sport of cycling is continuing and we look forward to
obtaining the information developed during the federal investigation."
What is the evidence?
The USADA alleges that
Armstrong took steroids throughout his career, and says it has testimony
from former teammates to support the charges. The organization has
refused to reveal who has provided the evidence.
"A significant number of
Armstrong's former teammates, in return for immunity or preferential
treatment from USADA, have testified about doping activities that they
participated in or witnessed," Flax told CNN.
"Some of them, like
Floyd Landis, are people who have made public accusations in the past,
but others -- most notably George Hincapie, Armstrong's most loyal
lieutenant during all seven of his Tour de France victories -- have
never offered testimony about doping on that team."
Landis, a rider with the
USPS team from 2002 to 2004, has publicly claimed that he saw Armstrong
using blood transfusions to increase the level of oxygen-carrying red
blood cells in his system, as well as taking the blood-boosting drug
EPO.
In 2006, Landis became the first person other than Armstrong to win the Tour since the late Marco Pantani in
1998 -- the Italian being another rider whose career was marred by
doping allegations -- but was stripped of the title for failing a drugs
test. The disgraced cyclist has even gone as far as accusing Armstrong
and Bruyneel of paying the International Cycling Union (UCI) to cover up
a positive test in 2002.
Armstrong dismissed the charges, and accused his former colleague of threatening riders with drug allegations.
"While these types of
repeated, tired and baseless accusations against Lance have been proven
false in the past, it is quite regrettable, but telling that so many in
cycling are now attacked by a bitter and scorned Landis who, quite
simply, has zero credibility," declared a statement released on
Armstrong's behalf.
After years of accusations, the USADA's case is the biggest threat to Armstrong's record yet.
"I think the amount of
info they have to make a claim that they have proof that Lance doped is
pretty significant and I think that is why there is such interest in
this. It's a mess, but I think they may finally have the goods on
Lance," Flax said.
Who has been found guilty so far?
Former team doctors Del
Moral and Ferrari have been handed lifetime bans for their part in the
doping case, as has the team's former trainer Marti.
Ferrari, who was a
consultant during Armstrong's seven-year reign, was accused of
developing a mixture of testosterone and olive oil that could be taken
orally, and helped aid recovery. Ferrari apparently also helped riders
inject EPO to help avoid detection in urine samples.
Del Moral was accused of
helping the riders with blood transfusions, and saline infusions to
prevent detection. He was also accused of administering a range of
banned drugs to members of the team.
Marti was given a lifetime ban for delivering a variety of banned products to the team from his base in Valencia, Spain.
What is Armstrong's defense?
The main thrust of Armstrong's defense is that he is the victim of a witch hunt by the USADA.
"Though USADA claims it
has collected at least 10 witnesses to these events, it refuses to name a
single one or even to identify what they will say," argues Armstrong's
legal team, in a response to the charges published on the cyclist's
website.
"USADA also claims that
Mr. Armstrong committed doping violations for years, but cannot produce a
single positive test result to corroborate this claim.
"Curiously, in the face
of an alleged conspiracy involving four separate teams of cyclists over
two decades, USADA has decided to charge only a single rider: Lance
Armstrong."
Armstrong has also made his feelings clear about the USADA's offers of immunity to his his former colleagues.
"So let me get this
straight... come in and tell them exactly what they wanted to hear and
you get complete immunity AND anonymity? I never got that offer. This
isn't about Tygart wanting to clean up cycling; rather it's just a plain
ol' selective prosecution that reeks of vendetta," Armstrong declared on his Twitter account.
The case is still focused on whether the USADA has the right to prosecute Armstrong.
"The legal arguments
center upon the jurisdiction of the U.S. Anti Doping Agency. In essence
Lance Armstrong is trying to adopt a legal argument that the agency
should not be prosecuting the regulatory and disciplinary process.
Armstrong is saying the agency is violating his human rights," sports
lawyer Richard Cramer told CNN.
"However the Federal
Judge has rejected Armstrong's application and at the moment the agency
will be allowed to proceed, although there is the added complication on
whether it should be the International Cycling Union which should be
prosecuting the charges."
What legal stages has the case been through, so far?
June 2012 : USADA officially charges Armstrong with doping and trafficking
July 9, 2012: Armstrong files a lawsuit against the USADA in Austin, Texas. A judge throws it out on the same day.
In his order dismissing the suit, Judge Sam Sparks was highly critical of the case brought by Armstrong and his legal team.
"Armstrong's complaint
is far from short, spanning 80 pages and containing 261 numbered
paragraphs, many of which have multiple sub parts," he said.
"Worse, the bulk of
these paragraphs contain 'allegations' that are wholly irrelevant to
Armstrong's claims and which, the Court must presume, were included
solely to increase media coverage of this case, and to incite public
opinion against Defendants.
"Indeed, vast swaths of
the complaint could be removed entirely, and most of the remaining
paragraphs substantially reduced, without the loss of any legally
relevant information."
July 10, 2012:
Armstrong files a new lawsuit against the USADA. The suit asks the
judge to prevent the agency from removing him of his seven Tour de
France titles and banning him for life if he fails to enter arbitration
with them.
Ferrari, del Moral and Marti are handed lifetime bans by USADA
August 20, 2012: Judge Sparks dismisses Armstrong's case against USADA. Sparks says the court "cannot interfere" in the case.
"The Court finds they
are best resolved through the well-established system of international
arbitration, by those with expertise in the field, rather than by the
unilateral edict of a single nation's courts," said Sparks, before
admitting there may be a basis for some of Armstrong's concerns.
"USADA's conduct raises
serious questions about whether its real interest in charging Armstrong
is to combat doping, or if it is acting according to less noble
motives."
Despite Armstrong
supposedly facing a three-day deadline to agree to arbitration with the
agency, many believe the case still has a long way to go before a final
result is seen.
"This is only the start
of what is likely to be a hotly contested and disputed regulatory
disciplinary process. Armstrong and his legal team will take every point
to ensure there is a not guilty finding," Cramer, of UK-based FrontRow Legal, told CNN.
"I would expect the
process to last several months and possibly years. Armstrong has an
awful lot to lose and he clearly has the strength and willpower to fight
his corner."
What are the sanctions is Armstrong facing?
If found guilty,
Armstrong would face a lifetime ban from all sports covered by the World
Anti-Doping Agency. Along with cycling, this would prevent Armstrong
from competing in triathlon -- in which he is currently suspended
pending the outcome of these charges.
Armstrong would almost certainly be stripped of all his Tour de France titles.
"Deals have been made
with other former champions who committed the same offenses. So the
jerseys, if they are taken away from Lance Armstrong, will be given to
other people who have been convicted of doping," Flax said.
"Justice is just not on the table anymore, this is really something which is a giant mess."
What does the International Cycling Union say about the issue?
The UCI claims that it
has the authority to investigate and possibly sanction Armstrong. Both
bodies are recognized by the International Olympic Committee, but
disagree over which should pursue the Armstrong case.
Ultimately, the USADA
has the authority to sanction Armstrong, so there is little the UCI (or
the cyclist) can do to stop the current case.
No comments:
Post a Comment