Wednesday, August 4, 2010

Lance Armstrong Doping Investigation: USADA: Witness Tampering?

The New York Times has reported that the United States Anti-Doping Agency has offered shortened suspension times and other incentives to cyclists who may have information into the doping allegations of Floyd Landis: who claims that the United States Postal Service Professional Cycling Team, and unnamed associates, used US Postal Service sponsorship money to purchase and traffic performance enhancing substances. Floyd Landis also asserts that the United States Postal team had a organized program of performance enhancing substance use within the team during the six year Tour de France reign of Lance Armstrong (1999-2004). Floyd Landis also claims that he personally witnessed Lance Armstrong use performance enhancing drugs. Floyd Landis also claims that he participated in a planned team blood transfusion aboard a US Postal team bus at a rest stop in France. Floyd Landis also accuses Allen Lim of providing him with performance enhancing substances during training rides in Spain (2006). Floyd Landis also accuses George Hincapie and Levi Leipheimer of using performance enhancing drug use during the US Postal years. Floyd Landis also accuses US Postal Service sport director Johan Bruyneel of running an organized program of doping.

After Floyd Landis had tested positive for synthetic testosterone during the 2006 Tour de France: Floyd Landis informed the press that Travis T. Tygart of USADA had made Landis an offer. If Floyd Landis would "blow the whistle" on Lance Armstrong, accuse Lance Armstrong and the US Postal service team of performance enhancing substance abuse, USADA would reward Floyd Landis with the shortest suspension in history. Immediately, Travis T. Tygart issued a press release denying the deal. Tygart claimed that USADA would never make deals with dopers. Floyd Landis called the deal beneath his dignity and refused to cooperate.

The eternal question will always arise: What motivated Floyd Landis to change his mind? Why the e-mail messages to Steve Johnson of USA Cycling? Why did he admit to testosterone use during the 2006 Tour de France? Why did he offer to "blow the whistle" on Lance Armstrong and the United States Postal Professional Cycling Team?

Even stranger is who Travis T. Tygart thinks he is targeting with these shortened suspensions and incentives? What incentives? Money? What riders? Floyd Landis? No. Floyd Landis rides with a racing license issued in Canada. If further action is taken against Floyd Landis the action will originate in Canada, not the United States. USADA won't be able to protect Floyd Landis from prosecution, no matter how much information he provides. [Note: Jan Ullrich was issued a Swiss racing license and was prosecuted by Switzerland, not Germany during Operation Puerto.]

USADA must be thinking that there will be an epidemic of "non analytical findings" against Lance Armstrong and his US Postal teammates, thus the deal. A "non analytical finding" does not require a positive doping test, merely testimony of people who observed an athlete in the commission of a doping offence. Tim Montgomery was given a two year ban by the Court of Arbitration of Sport (CAS) when his teammates testified to the fact that they witnessed Montgomery using the "clear." Under this logic if Floyd Landis claims that he saw Lance Armstrong or Levi Leipheimer using performance enhancing substances and if Landis could verify this claim then, in theory, USADA could issue a "non-analytical finding" and begin an arbitration prosecution.

Warning: To those people who are offered the USADA deal. Beware: USADA is subject to the WADA code as a signatory therefore they must abide by the WADA code. If you are offered a USADA sanction that is less than the sanction required by the WADA code; and if WADA or the UCI appeals the sanction to the Court of Arbitration of Sport (CAS) your deal with USADA could be invalidated! The best example of this is Alexandre Vinokourov who was caught blood doping during the 2007 Tour de France. The Kazakh Federation, where Vinokourov was issued his license, gave Vinokurov a one year suspension. The UCI was outraged by this leniency and appealed the short suspension to the Court of Arbitration of Sport insisting that the regulation two year ban be enforced. This could happen to you if you accept a deal from USADA! Contact your lawyer immediately!

Under the World Anti-Doping Agency Code: Article 17, there is an eight year statute of limitations. Keep this in mind. The three people most affected; Lance Armstrong, Levi Leipheimer, George Hincapie, and Johan Bruyneel. The years affected; 2003 and 2004. Why? Because Floyd Landis rode for Phonak in 2005 so he has no first hand knowledge of any wrongdoing. Tyler Hamilton, who has been subpoenaed, left US Postal Service in 2000 so his testimony would come under the statute of limitation period, and have no bearing in a USADA prosecution. There would have to be other witness testimony to the fact that Lance Armstrong and US Postal Service used performance enhancing substances during the period when Floyd Landis was not a member of the US Postal team. Other riders claim they used performance enhancing drugs when at US Postal, who they are and what period of time are secret.

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