Floyd Landis Doping Case; In Retrospect

The conclusion of the Floyd Landis 2006 Tour de France doping accusations was so unspectacular. A settlement in U.S. Federal Court conducted in secret. No statements from USADA or Floyd Landis. People obsessed with the case are left in the dark, again.

Nothing new about a lack of information. The Court of Arbitration of Sport hearing was conducted in secret and no testimony of the proceedings were ever released. But as "Baltimore Will" argued in the Floyd Landis topix.net cycling forum -- most sport arbitration is conducted in secret, so what is the problem? The Floyd Landis public Pepperdine University arbitration hearings were a exemption to the rule and something USADA would prefer to never repeat. Why? Too much exposure of how WADA labs work and how the WADA code is enforced. Independent experts howled in pain when they examined the Lab Document Package. There were too many mistakes that WADA and LNDD could not explain away.

People interested in the case howled when reading the testimony. There was Dr. Brenna trying to explain away "mini peaks" in the CG/C/IRMS records as non-eluting or carbon containing compounds. Christiane Ayotte made a fool of herself trying to justify LNDD's methods as valid. Suddenly cataracts fell from skeptical eyes. How long has this nonsense been going on? How many athletes? The AAA panel won't accept this nonsense surely? Even if they do, on appeal to the Court of Arbitration of Sport, Floyd Landis should prevail with a slam dunk.

LNDD could not measure a simple testosterone/epitestosterone ratio. The Carbon Isotope Ratio test is much more complicated. Christopher Campbell was right when he questioned LNDD's competence. Campbell's dissent fell on deaf ears...

Retro Reasoning

One fine summer day back in 2006 I was climbing Little Mountain in Emigration Canyon when I spied two fine cycling ladies ahead. When I got into hearing range one lady said to the other "I hope an American wears yellow in the Tour de France this year." "Think Floyd Landis," I said.

Back before Operation Puerto I constantly debated the 2006 Tour de France in my mind. Ivan Basso was the obvious first choice, but there was Jan Ullrich to consider since Lance Armstrong had retired. Franciso Mancebo, a rider whom I loved for his climbing skills was also a remote possibility. Then there was Floyd Landis, my personal choice. Even odds to be sure.

Who can forget when on the way to the start of the 2006 Tour de France the cars containing Jan Ullrich, Ivan Basso, and Franciso Mancebo turned around and went back to the team hotels. Operation Puerto had surfaced with accusations of blood manipulation by Dr. Fuentes under contract by elite cyclists. Records and blood bags found in Dr. Fuentes offices implicated Ullrich, Basso, and Mancebo.

Bang! The favorites were eliminated with one fell swoop, with one exception; Floyd Landis.

At the very first time trial Floyd Landis missed the start by several seconds. The team mechanic found a cut in a tubular tire on Floyds time trial bike and decided to replace it. On the second time trial Floyd had to replace his bike because of a mechanical problem. Searching the web for Floyd Landis news I found topix.net and started a forum topic "Time Trial Mishaps" lamenting the lack of preparation of the Phonak team mechanics. "Floyd Landis could be in yellow at this point except for these time trial mishaps," I wrote.

Much like David Zabriskie, alienated by the local culture and seeking escapism in cycling the canyons around Salt Lake City, I wanted to talk racing with someone.

Then the nightmare. Floyd Landis bonked on Stage 16 of the 2006 Tour de France while wearing yellow. It was so painful watching Floyd bonk, his cadence moving in slow motion. Floyd dropped from first to eleventh in general classification. It is all over, no man could make up that much time on a mountain stage, except Marco Pantani or Charley Gaul.

Wrong. On Stage 17, Floyd Landis in a brilliant move attacked and never looked back. His team car by his side, Floyd drank water bottles, ate gel packs, and poured water bottles over head by the dozen to stay hydrated and cool. The peloton was distanced by an astonishing nine minutes and he was virtual "race leader" on the course before anyone responded! Wow! The most amazing feat of racing I had ever seen or will ever see again!

On Stage 18 an announcement was made that everyone had passed doping control, Floyd was wearing the red numerals of "most aggressive rider" grinning with satisfaction. There was only one challenge left, the final time trial. Floyd trailed Oscar Pereiro by :36 and he was a stronger time trialist. Barring a catastrophe Floyd Landis looked certain to make one of the greatest comebacks in Tour de France history.

And so it was. Standing on the Podium in Paris on the Champs Elysees Floyd Landis had won the 2006 Tour de France.

A fantastic Tour, the best in years. This sentiment would not last long though. One night listening to BBC News I learned the bad news. Tour de France champion Floyd Landis has tested positive for a prohibited substance. "Oh, no." "Impossible!" Considering what happened to Ullrich, Basso, and Mancebo at the start of the 2006 Tour de France and considering what Greg LeMond was spouting about "the cleanest Tour in history" and considering the announcements that all riders had passed the doping screens.......well this news about Floyd Landis failing a doping test makes no sense at all!

Conclusion

Makes no sense now, either. After two and a half years of blogging and arguing with people on cycling forums; study of testosterone metabolism, and WADA code, the Court of Arbitration of Sport conclusions make no sense at all! Floyd Landis was cheated by a corrupt system that presumes "guilt until proven guilty" with a healthy dose of trial by media, character assassination, leaks to the press, propaganda, outright lies, incompetent lab tests, and biased analyses of scientific data. Only a fool like Dick Pound, John Fahey, or Greg LeMond would proclaim from the highest tower that Floyd Landis is living in denial at this point. People who did the research and worked to understand this unfair system know better. We will never trust WADA, USADA, or the CAS ever again. Every Adverse Analytical Finding WADA files against an athlete in future will be regarded with mistrust.

Special thanks to TBV and Zenmud who were a great help; men who were a great source of information and wisdom during these strange days. Good luck to you both and happy cycling!

I hope we never have to go through something like this again!

Floyd Landis, USADA Settle Lawsuit

Trust but Verify has reported that the lawsuit Floyd Landis filed against the United States Anti-Doping Agency (USADA) and the Court of Arbitration of Sport (CAS) has been settled in United States Federal Court with prejudice. The case hinged on a $100,000 fine imposed on Floyd Landis by the Court of Arbitration of Sport, a fine that would have had to be paid to USADA before USA cycling would issue Mr. Landis a license to race in UCI sponsored events. Mr. Landis also sought a order from the Federal Court to vacate the CAS suspension and revocation of his 2006 Tour de France title.

Although no details of the settlement have been released, this agreement in U.S. Federal Court may mean that the Floyd Landis legal saga is over. With prejudice means that no further filings can be entertained by a U.S. Federal court. Mr. Landis may have had recourse to legal relief in a Swiss court since the Court of Arbitration of Sport is located in Switzerland and must abide by Swiss law. But the deadline for filing a Swiss appeal may have passed.

A settlement of the case by USADA, even if the CAS ordered $100,000 imposed fine cannot be collected, may have been the best option for the CAS and USADA. The jurisdictional issues of by whom and where Court of Arbitration of Sport imposed sanctions may be litigated were obviously avoided. But it is assumed that if the fine is not collected then the Federal Courts do have jurisdiction over USADA and USA Cycling.

The Court of Arbitration of Sport may be exempt from U.S. Federal Court action (an untested premise). Portions of the award of the Court of Arbitration of Sport may be exempt from legal recourse in the United States; the entire award was not vacated; (an untested premise). But apparently portions of the CAS award that apply to entities in the United States, such as CAS ordered fine that Mr. Landis had to pay USADA as a condition for a USA Cycling license is under jurisdiction of U.S. Federal Courts and may be rescinded.

Of course, Travis Tygart and USADA have ended the examination of the other issues asserted by Floyd Landis. The back room deals; the vote rigging on high profile cases; the corruption of officials of the Court of Arbitration of Sport.

And Mr. Landis will never recover his Tour de France title or his prize money.

USADA and the CAS have won another victory. Floyd Landis is the clear loser even though he may race again.

This surrender by both sides fills me with loathing.

WADA Athlete Passport Operating Manual; Ten Months Later

The World Anti-Doping Agency (WADA) has announced the development of a "Athlete Passport Operating Manual" to coordinate transportation, storage, and chain-of-custody of athlete urine and blood samples to conform to WADA code and International Standards for Laboratories (ISL) for the UCI Biological Passport Program.

Amazing. Imagine a WADA lab with a manual anywhere on the premises. As Dr. Paul Scott pointed out in the Floyd Landis case, Chatenay-Malabry, WADA, and the French Anti-Doping Agency (AFLD) seem not to recognize that a operating guide is "critical" in making precise measurements. This arrogant disregard of ISL and WADA code by Chatenay-Malabry, WADA, and the AFLD did not matter to the Court of Arbitration of Sport (CAS) who dismissed the lack of an operating manual for the GC/C/IRMS as trivial. The French Anti-Doping Agency (AFLD) came to the same conclusion after consulting a phantom COFRAC accreditation audit. In a rational world lack of an operating manual for the IRMS would be considered a serious violation of WADA code, ISL and would serve as a basis to revoke the Chatenay-Malabry WADA accreditation. So, don't be surprised if and when WADA completes the "Athlete Passport Operating Manual" that one won't be found anywhere in sight.

The future accreditation auditors will face a dilemma.

Q:accreditation auditor: "Where is the Passport Operating Manual, Mr. DeCeaurriz?"
A:DeCeaurriz: "Not needed, we are WADA!"
Q:accreditation auditor: "Of course, I must report this violation to AFLD."
A:De Ceaurriz: "Nothing will be done to us, we are infallible!"

What to do? Call L'Equipe with a news scoop? Pretend nothing is happening? Call John Fahey? Write another Vrijman Report? Go fish?

When the defense lawyers are litigating the Adverse Analytical Finding generated from these laboratories, pour through thousands of pages of Lab Document Packages finding errors, and after testimony of hundreds of WADA lab personnel in arbitration hearings, costing millions of dollars to athlete and anti-doping agencies problems will emerge.

Example:

Q:defense lawyer: "What did you do at this step?"
A:lab tech a: "I did X."
Q:defense lawyer: "What did you do at this step?"
A:lab tech b: "I did Y."
Q:arbitrator: but the results are always the same, oui?"

Amazing. Even though the Union Cycliste Internationale (UCI) announced the biological passport program at the first of the year and many profile tests have been conducted there is still no standardization of lab procedures. Perhaps WADA was too busy denouncing the program, refusing to provide funding, and suing the UCI to think about quality lab tests. Back then knives were inserted into backs and accusations flew, but now that WADA and the UCI have given up the pissing contest and accepted a harmonious existence it is time to get down to serious work.

Yes precious time was wasted, but in the era of the "non-analytical positive" what use is there of quality lab tests? Find a witness who will testify to anything, and presto, problem solved. The United States Anti-Doping Agency (USADA) will triumphantly declare another victory based on circumstantial hear-say evidence. The CAS will be satisfied that a doping offense has occured, and everyone will save a ton of cash.