Lance Armstrong doping case

The Lance Armstrong doping case is a doping investigation that led to Lance Armstrong being stripped of his seven Tour de France titles and his eventual admission to the doping.

History of Lance Armstrong doping allegations

For much of his career, Lance Armstrong faced persistent allegations of doping, but until 2006 no official investigation was undertaken. The first break in the case came in 2004, when SCA Promotions, a Dallas-based insurer, balked at paying a $5 million bonus to Armstrong for winning his sixth consecutive Tour. SCA president Bob Hamman had read L.A. Confidentiel, a book by cycling journalists Pierre Ballester and David Walsh which detailed circumstantial evidence of massive doping by Armstrong and members of his U.S. Postal Service Pro Cycling Team. In 2006, an arbitration panel ruled that SCA had to pay. However, Hamman's real goal was to force an investigation by sporting authorities. His hunch proved correct; officials from the United States Anti-Doping Agency (USADA) asked to review the evidence Hamman had gleaned.[1]llll

2010–2012 federal inquiry

U.S. federal prosecutors pursued allegations of doping by Armstrong from 2010 to 2012. The effort convened a grand jury to investigate doping charges, including taking statements under oath from Armstrong's former team members and other associates; met with officials from France, Belgium, Spain, and Italy; and requested samples from the French anti-doping agency. The investigation was led by federal agent Jeff Novitzky, who also investigated suspicions of steroid use by baseball players Barry Bonds and Roger Clemens.

Armstrong's former teammate Floyd Landis was a key witness in the criminal investigation, and according to the book Wheelmen, Landis at one point wore a recording device and used a video camera disguised as a keychain, at the investigators' request in an attempt to gather evidence against a team owner in California. However, based on testimony from Landis, the prosecutors soon turned their attention to Armstrong and the doping that took place on the U.S. Postal Service team years earlier.[2]

As part of his campaign to clear his name from allegations of doping, Armstrong hired a Washington lobbying firm in 2010 to raise concerns about Novitzky, according to a story in The Wall Street Journal. The firm worked for Mr. Armstrong for about three months, but, after arranging meetings on Capitol Hill, decided a full-scale lobbying effort wouldn't have worked.[3]

On February 2, 2012, U.S. federal prosecutors officially dropped their criminal investigation with no charges.[4] The closing of the case by US Attorney André Birotte, Jr., was not without controversy with the decision coming as a surprise to many.[5] In October, 2012, Velonews announced they had filed a Freedom of Information request regarding the two-year federal Armstrong investigation and its dismissal.[6]

USADA investigation 2011–2012

In June 2012, USADA accused Armstrong of doping and trafficking of drugs, based on blood samples from 2009 and 2010, and testimonies from witnesses including former teammates.[7] Armstrong, denying all doping use in a statement,[8][9] was suspended from competition in cycling and triathlon.[10][11] Armstrong was charged in a letter from USADA, along with five others including former team manager Johan Bruyneel.[12] USADA said Armstrong used banned substances, including the blood-booster EPO and steroids, as well as blood transfusions dating back to 1996.[13]

Activity leading to August decision

In July 2012, Armstrong filed a lawsuit in the United States District Court for the Western District of Texas requesting that the court "bar USADA from pursuing its case or issuing any sanctions against him" based on the claim that "USADA rules violate athletes' constitutional rights to a fair trial, and that the agency does not have jurisdiction in his case." On July 10, 2012, after U. S. District Judge Sam Sparks threw out the initial lawsuit being overly lengthy, Armstrong filed a revised lawsuit.[14] The same day, three of Armstrong's former U.S. Postal Service cycling team associates--Luis Garcia del Moral, a team doctor, Michele Ferrari, a consulting doctor, and Jose "Pepe" Marti, team trainer--refused to take part in arbitration and were automatically banned from Olympic-level sports for life.[15]

U.S. District Judge Sam Sparks issued his ruling on August 20, 2012.[16] He ruled in favor of USADA. However he questioned the timing and motivation of USADA's investigation of Armstrong, and their apparent "single minded determination to force Armstrong to arbitrate" but also noting "in direct conflict with UCI's equally evident desire not to proceed against him". Applying rational basis review to the Federal Arbitration Act, the Stevens Amateur Sports Act, and various governing documents of USADA, USOC, and U.S. Cycling, Sparks upheld USADA's authority to investigate Armstrong and initiate arbitration against him, and that Armstrong's right to due process could not be violated by USADA before any proceedings had actually occurred.[17]

Four days after Judge Sparks's decision, on August 24, 2012, USADA officially charged him with doping. Had it prevailed in arbitration, Armstrong would have been stripped of all of his results from August 1, 1998 onward—including all seven Tour de France wins. USADA also sought to ban Armstrong for life from any activity or competition whose federation followed the World Anti-Doping Code—which would have effectively banned him from competing in Olympic-level sports.[18]

Three days later, Armstrong, while publicly maintaining his innocence, decided to not officially challenge the USADA allegations. In a statement, Armstrong said that the USADA had engaged in "an unconstitutional witch hunt" based on "outlandish and heinous claims." He added that he would have been more than willing to fight the charges, what he described as USADA's "one-sided and unfair" arbitration process was not worth the toll on his foundation and his family. "There comes a point in every man's life when he has to say, 'Enough is enough.'" Armstrong said. "For me, that time is now."[19] Under the World Anti-Doping Code, by failing to contest such serious charges of doping offenses, Armstrong was automatically banned from all sports that follow the World Anti-Doping Code--effectively ending his competitive career. He also forfeited all awards and prizes earned after August 1, 1998, including his seven Tour titles.[19][20][21][22] At the same time, Armstrong told USADA through his attorneys that he could not take part in any USADA arbitration because the UCI was the only body competent to hear the case.[23]

New York Times sports reporter Juliet Macur wrote in her book about the Armstrong scandal, Cycle of Lies, that Armstrong opted not to contest the charges in hopes of keeping USADA's evidence confidential. He also persuaded the UCI not to appeal the sanctions. Under Armstrong's plan, UCI would have contended that while USADA's findings were unsound, its arbitration process was so tilted against a suspected doper that an appeal would not be worth the effort. According to Macur, Armstrong hoped to be able to portray himself as USADA's victim.[1]

UCI and IOC responses and reasoned decision

On August 24, 2012; cycling's ruling body, the Union Cycliste Internationale (UCI), requested that USADA issue a "reasoned decision" explaining why USADA felt Armstrong should have been stripped of his titles.[24][25]

On October 10, USADA published the details of its findings, in a 200-page report accompanied by over 1000 pages of supporting evidence, including testimonies from 11 former teammates and 15 other witnesses. It portrayed Armstrong as the mastermind of what it described as "the most sophisticated, professionalized and successful doping program that sport has ever seen." The report detailed numerous blood test results that proved Armstrong was guilty of blood doping, as well as over $1 million in payments to Ferrari. It contended that the normal eight-year statute of limitations for doping offenses did not apply because of Armstrong's "fraudulent concealment" of his doping. Armstrong, USADA said, could not be allowed to benefit from the statute of limitations when he lied under oath in both the SCA case and the French investigation, intimidated witnesses and submitted affidavits that he knew were false. Longstanding precedent in American courts holds that the statute of limitations does not apply when a defendant engages in fraudulent acts.[26][27] Among those who testified were Betsy and Frankie Andreu who repeated their testimony of the 2005 SCA Promotions case, along with Floyd Landis and Tyler Hamilton who repeated allegations made over the preceding years. Statements were also taken from former teammates including George Hincapie,[28] Levi Leipheimer,[29] and Michael Barry[30] all of whom confessed to doping during their careers as well as witnessing Armstrong using performance-enhancing drugs. Before its release, Armstrong's legal representative Tim Herman described the USADA reasoned decision as "a one-sided hatchet job -- a taxpayer-funded tabloid piece rehashing old, disproved, unreliable allegations based largely on axe-grinders, serial perjurers, coerced testimony, sweetheart deals and threat-induced stories"[31]

On October 22, UCI announced that it would not appeal USADA's decision to the Court of Arbitration for Sport, meaning that it accepted USADA's sanctions of a lifetime ban for Armstrong and stripping of all results since August 1, 1998, including all his Tour de France titles.[32] UCI president Pat McQuaid remarked that he was "sickened" by the USADA report, particularly how Postal team officials intimidated one of Armstrong's teammates, David Zabriskie, into taking EPO. He added, "Armstrong has no place in cycling. He deserves to be forgotten."[33]

A day after the UCI decision, Armstrong deleted references to his Tour wins from his Twitter biography.[34]

On November 2, 2012, WADA confirmed that it would not appeal the USADA decision.[35]

On January 17, 2013, the International Olympic Committee removed Armstrong's results in the 2000 Summer Olympics from its record books, and had requested the return of his bronze medal from the time trial.[36][37]

Other reactions

The French Cycling Federation (FFC) issued a statement on August 30, 2012, in support of the USADA decision, stating that "Armstrong's refusal to contest USADA's accusations sounds like an admission of his guilt with regards to breaches of anti-doping regulation." The FFC also announced they do not want vacated positions to be reassigned and want "...reimbursement of Lance Armstrong's prizes obtained during the Tour de France and other competitions for an amount assessed at 2.95 million Euros for the development of cycling among the youth and the prevention of doping."[38]

The "Arthur" episodes featuring Lance Armstrong ("Room to Ride" and "The Great MacGrady") (along with the episode "The Frensky Family Fiasco", which was paired with "Room to Ride") were banned because of the case.

The president of the World Anti Doping Agency (WADA), John Fahey, stated that he believed Armstrong's decision not to contest the USADA's claims pursuant to its process indicated there was "substance to those charges".[39]

Robert Boland, professor of sports management at New York University, believed that Armstrong's marketing potential was still strong after the USADA's decision, stating Armstrong's "story has not been diminished. Here's a guy who essentially was at death's door with cancer and came back. That example still makes him very compelling."[40]

Some cyclists have supported Armstrong. Spain's Fernando Escartin, who placed third in the 1999 Tour de France, stated "Lance Armstrong remains the 1999 Tour winner, second Zulle and third, me... It's 13 years now since this all happened. It seems completely illogical and unreal. I don't want to even think about it."[40]

Under pressure from several members of his board, Armstrong resigned as chairman of the Lance Armstrong Foundation on October 17, 2012. Hours later, sponsors RadioShack[41] and Nike cut ties with him.[42] Anheuser-Busch the same day said it would not renew its relationship with Armstrong at the end of 2012, but will continue to support the racer's cancer charity.[43] Other sponsors who cut ties with Armstrong on that day were Trek Bicycle Corporation, Giro, FRS Healthy Performance, Honey Stinger and 24 Hour Fitness.[44] On October 19, bicycle parts manufacturer SRAM terminated the business relationship,[45] while Oakley severed its ties on October 22.[46]

It was announced on October 30 that Armstrong was stripped of the key to the city of Adelaide, which he had received as an honor for his three participations in the Tour Down Under.[47] At the end of November 2012, Armstrong was elected as the top "Anti-Sportsman of the year" by Sports Illustrated.[48]

In early November 2012, Armstrong cut all ties with his namesake foundation, which was renamed the Livestrong Foundation—after the brand it had used since 2003. The move came after several board members threatened to resign unless Armstrong was removed from the board.[1]

Armstrong chooses not to appeal to CAS

After UCI's formal notification to Armstrong about their decision to back the USADA decision on December 6, 2012, Armstrong had 21 days to appeal the decision to the Court of Arbitration for Sport. According to L'Equipe, CAS indicated that Armstrong had made no appeal by the evening of December 27, so the final deadline to appeal had passed.[49]

On December 14, 2012, Armstrong met secretly with USADA CEO Travis Tygart at the offices of the former Colorado governor Bill Ritter. During this meeting, Armstrong asked USADA to reduce his lifetime ban from sports to just one year, in exchange for his cooperation with its ongoing investigations, which included its case against Bruyneel. Tygart told Armstrong that under the anti-doping rules, USADA could bring his ban down to eight years, and said that cooperating with USADA would help Armstrong to improve his public image. These secret discussions fell apart after Armstrong told Tygart that Armstrong held the keys to his own redemption.[50][51]

Admission and apology

On January 4, 2013, The New York Times reported that Armstrong had told associates and antidoping officials that he was considering publicly admitting having used banned performance-enhancing drugs and blood transfusions during his cycling career.[52] Armstrong's attorney, Tim Herman, denied the report that he has decided to admit to doping charges and told The Associated Press: "When, and if, Lance has something to say, there won't be any secret about it."[53]

In an interview with Oprah Winfrey on January 13, 2013 (aired later in two parts), Armstrong admitted to using performance-enhancing drugs throughout much of his career, including all seven Tour de France wins.[54] During the interview, Armstrong stated that his "mythic, perfect story" was "one big lie", and attributed his denials to being "a guy who expected to get whatever he wanted, and to control every outcome."[55][56] The Associated Press and other media reported that Armstrong had made an apology to the Livestrong staff before his interview with Winfrey.[57] Armstrong said that while doping, he neither felt that it was wrong nor felt bad about what he was doing.[58]

In that interview, Armstrong also insisted he was clean during the two comeback years of 2009 and 2010, after UCI had implemented its Biological passport program that included stricter whereabouts rules and the monitoring of blood profiles.

Macur wrote that Armstrong decided to admit his doping because he knew he would be questioned under oath about it in the False Claims Act suit filed by Landis. He was also concerned about the toll it was taking on his kids. As Macur put it, Armstrong wanted to "confess on his own terms."[1]

References

  1. 1 2 3 4 Macur, Juliet (2014). Cycle of Lies: The Fall of Lance Armstrong. HarperCollins. ISBN 9780062277220.
  2. ↑ Reed Albergotti; Vanessa O'Connell (2013). Wheelmen. Gotham Books. ISBN 978-1592408481.
  3. ↑ Albergotti, Reed (February 19, 2013). "Armstrong Lobbying Targeted Investigator". Wall Street Journal. Retrieved March 7, 2014.
  4. ↑ Frieden, Terry, "Prosecutors drop Lance Armstrong doping investigation", CNN, February 3, 2012.
  5. ↑ "Q+A: Lance Armstrong doping case". Reuters. October 16, 2012. Retrieved 2013-01-19.
  6. ↑ "After expansive USADA report, feds mum on why Armstrong case was dropped". Velonews.competitor.com. Retrieved 2013-01-19.
  7. ↑ "USADA's Armstrong probe produces 200 pages, 26 witnesses". CBC (CBC.ca). The Associated Press. October 11, 2011. Retrieved 2012-11-16.
  8. ↑ "Lance Armstrong: US Anti-Doping Agency charges 'spiteful'". June 14, 2012.
  9. ↑ "Armstrong statement regarding USADA Charges". Yahoo. June 12, 2012. Archived from the original on June 26, 2012. Retrieved 2012-06-12.
  10. ↑ "Armstrong charged with doping by USADA". Cycling news (Future Publishing Limited). June 12, 2012. Retrieved 2012-06-12.
  11. ↑ "USADA levels doping charges at Armstrong". VeloNews (Competitor Group, Inc.). June 12, 2012. Retrieved 2012-06-12.
  12. ↑ "Letter from USADA to Lance Armstrong, Johan Bruyneel, Dr Pedro Celaya, Dr Luis Garcia del Moral, Pepe Marti, and Dr Michele Ferrari" (PDF). The Wall Street Journal. June 12, 2012. Retrieved 2012-06-12.
  13. ↑ "UCI asks USADA to explain case against Armstrong". Google hosted news. Retrieved 2012-08-24.
  14. ↑ Shipley, Amy (July 11, 2012). "Lance Armstrong refiles USADA suit; team members decline arbitration, receive lifetime bans". washingtonpost.com. Retrieved 2012-07-11.
  15. ↑ Stokes, Shane. "Michele Ferrari, Pepe Marti and Luis Garcia del Moral receive lifetime bans". Velonation.com. Retrieved 2012-08-21.
  16. ↑ "Motion to dismiss-Case 1:12-cv-00606-SS". Retrieved 2012-08-28.
  17. ↑ Schrotenboer, Brent (August 20, 2012). "Texas judge dismisses Lance Armstrong case against USADA". USA Today. Retrieved 2012-08-20.
  18. ↑ "Lance Armstrong Receives Lifetime Ban And Disqualification Of Competitive Results For Doping Violations Stemming From His Involvement In The United States Postal Service Pro-Cycling Team Doping Conspiracy". USADA. August 24, 2012. Retrieved 2012-10-21.
  19. 1 2 Macur, Juliet (August 23, 2012). "Armstrong Drops Fight Against Doping Charges". The New York Times. Retrieved 2012-08-23.
  20. ↑ "World Anti-Doping Code – Right to a Fair Hearing" (PDF). World Anti-Doping Agency. 2009. pp. 48–49. Retrieved 2012-09-04. "the right of each party to present evidence, including the right to call and question witnesses... The right to a hearing may be waived either expressly or by the Athlete's ... failure to challenge an Anti-Doping Organization's assertion that an anti-doping rule violation has occurred".
  21. ↑ Reuters (August 24, 2012). "Lance Armstrong to lose seven Tour de France titles". The Times of India. Archived from the original on August 24, 2012. Retrieved 2012-08-24.
  22. ↑ "Lance Armstrong Receives Lifetime Ban And Disqualification Of Competitive Results For Doping Violations Stemming From His Involvement In The United States Postal Service Pro-Cycling Team Doping Conspiracy". USADA. August 24, 2012. Retrieved 2012-08-24.
  23. ↑ Lance Armstrong's full statement on USADA. Cycling News, 2012-08-27.
  24. ↑ "Press Release: UCI's statement on Lance Armstrong's decision". UCI Press Services. August 24, 2012. Retrieved 2012-08-24.
  25. ↑ Slater, Matt (2012-08-31). "Lance Armstrong: USADA will reveal doping evidence". BBC News Online. Retrieved 2012-09-03.
  26. ↑ United States Anti Doping Agency. "REPORT ON PROCEEDINGS UNDER THE WORLD ANTI-DOPING CODE AND THE USADA PROTOCOL UNITED STATES ANTI-DOPING AGENCY, Claimant, v. LANCE ARMSTRONG, Respondent. REASONED DECISION OF THE UNITED STATES ANTI-DOPING AGENCY" (PDF). USADA. Retrieved 2012-10-28.
  27. ↑ United States Anti Doping Agency. "USADA Cycling Investigation Reports". USADA. Retrieved 2012-11-16.
  28. ↑ "Affidavit of George Hincapie" (PDF). 24 September 2012. Retrieved 2014-02-16.
  29. ↑ "Affidavit of Levi Leipheimer" (PDF). 21 September 2012. Retrieved 2014-02-16.
  30. ↑ "Affidavit of Michael Barry" (PDF). 8 October 2012. Retrieved 2014-02-16.
  31. ↑ Schrotenboer, Brent (October 11, 2012). "USADA releases massive evidence vs. Lance Armstrong". USA Today.
  32. ↑ Macur, Juliet (October 22, 2012). "Lance Armstrong Is Stripped of His 7 Tour de France Titles". NYTimes.com (The New York Times). Retrieved 2012-10-22.
  33. ↑ "Lance Armstrong: Governing body strips American of Tour wins". BBC News. October 22, 2012. Retrieved 2012-10-22.
  34. ↑ Pretot, Julien (October 23, 2012). "Armstrong deletes Tour wins reference in Twitter bio". Reuters. Retrieved 2012-11-10.
  35. ↑ "WADA confirms it will not appeal USADA reasoned decision in Lance Armstrong case - News - Play true magazine". Playtrue.wada-ama.org. 2012-11-02. Retrieved 2013-01-19.
  36. ↑ "IOC Statement on Lance Armstrong". IOC. Retrieved 2013-01-17.
  37. ↑ "Lance Armstrong stripped of Sydney Olympics medal". BBC News. Retrieved 2013-01-17.
  38. ↑ "French Cycling Federation praises USADA's actions in Armstrong case". cyclingnews.com (Future Publishing Limited). August 30, 2012. Retrieved 2012-09-05.
  39. ↑ "Lance Armstrong's record will be 'obliterated' says WADA chief". The Guardian (London). Reuters. 2012-08-24. Retrieved 2012-09-03.
  40. 1 2 Whitcomb, Dan (August 24, 2012). "U.S. Anti-Doping Agency strips Armstrong of titles for cheating". Reuters. Retrieved 2012-11-08.
  41. ↑ O'Connell, Vanessa; Reed Albergotti (October 17, 2012). "Nike Drops Lance Armstrong". The Wall Street Journal. Retrieved 2012-10-17.
  42. ↑ "Lance Armstrong dropped by Nike over doping evidence". BBC Sport. October 17, 2012. Retrieved 2012-10-17.
  43. ↑ "Anheuser-Busch follows Nike in dropping Armstrong sponsorship". Reuters. October 17, 2012. Retrieved 2012-10-17.
  44. ↑ Lance Madden (October 19, 2012). "Sponsors Who Have Dropped Lance Armstrong (And The List Goes On)". Forbes (2012 Forbes.com LLC). Retrieved 2012-11-30.
  45. ↑ Tony Farrelly (October 19, 2012). "SRAM drops Lance Armstrong, but Oakley stand by their man... for now". RoadCC (Farrelly Atkinson Ltd). Retrieved 2012-12-01.
  46. ↑ Keith Weir (October 22, 2012). "Sponsor Oakley drops Armstrong after 25 years". Reuters (Thomson Reuters). Retrieved 2012-11-30.
  47. ↑ "Armstrong stripped of key to Adelaide". ABC News Australia (2012 ABC). October 30, 2012. Retrieved 2012-11-30.
  48. ↑ RJ Rico. "Anti-Sportsman of the Year". Sports Illustrated (2012 Time Inc). Retrieved 2012-11-30.
  49. ↑ Shane Stokes (2012-12-29). "Armstrong’s CAS inaction means he loses chance of appeal against doping sanctions". Velonation.com. Retrieved 2013-01-02.
  50. ↑ Reed Albergotti; Vanessa O'Connell (November 2013). Wheelmen. Gotham. ISBN 978-1592408481.
  51. ↑ Vanessa O'Connell; Reed Albergotti (January 15, 2013). "Behind Lance Armstrongs Decision to Talk". Wall Street Journal. Retrieved March 7, 2014.
  52. ↑ Macur, Juliet (January 4, 2013). "In Reversal, Armstrong Is Said to Weigh Admitting Drug Use". New York Times. Retrieved 2013-01-05.
  53. ↑ "Atty. denies report Lance Armstrong will admit doping". CBS News. Retrieved 2013-01-05.
  54. ↑ Goldman, Russell (January 17, 2013). "Lance Armstrong Admits to Doping". abc news. Retrieved 2013-01-18.
  55. ↑ Schrotenboer, Brent (January 18, 2013). "Lance Armstrong to Oprah: Story was 'one big lie'". USA Today. Retrieved 2013-01-18.
  56. ↑ Bunting, Sarah D. (17 January 2013). "7 noteworthy quotes from Lance Armstrong's Oprah interview". Retrieved 19 January 2013.
  57. ↑ "Armstrong 'sorry' to Livestrong staff". Associated Press. Retrieved 2013-01-14.
  58. ↑ "Lance Armstrong & Oprah Winfrey: interview transcript". BBC. Retrieved 19 January 2013.
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