Showing posts with label Lance Armstrong. Show all posts
Showing posts with label Lance Armstrong. Show all posts

Sunday, July 3, 2011

Roger Clemens Perjurer/Lance Armstrong Fraudster--New York Times Columnist: So What?

Jonathan Mahler writing at the New York Times yesterday argued that pending prosecutions of Roger Clemens for perjury and prospective indictments of Lance Armstrong are misguided. Mahler is highly critical of Roger Clemens, not so much for lying to Congress during its investigation into performance enhancing drugs but for his tone deaf public relations and press conferences which ought to tip you off to this journo's take on sports fraud. 

Mahler has the following to say about Lance:

"Then there’s Armstrong, the cancer survivor who won, again and again, the most physically demanding contest in all of sports and as he did so spun himself into a role model and inspiration to millions. But would it really be a surprise to discover that his Nike-sponsored mythology of survival and triumph was really just that — mythology?

There was real betrayal in the revelation that baseball was contaminated. With cycling, we knew better. The history of the sport is the history of performance-boosting pharmacology, from the cocaine and strychnine cocktails of the 19th century to today’s designer hormones. Including Armstrong, six of the last seven riders who finished first at the Tour de France have been linked to doping.

When the first Balco indictments were handed down in February 2004, they were trumpeted as a blow for democracy, the sports equivalent of the toppling of the statue of Saddam in Firdos Square, which had taken place less than a year earlier. 'This is not just a call to action,'  John Ashcroft, the United States attorney general at the time, declared in a nationally televised news conference. 'It is a call to the values that make our nation and its people strong and free.'
       
But a lot has changed since then. Most notably, we’ve lived through two endless wars and our nation’s worst financial crisis since the Great Depression.  Now here we are, well into the second year of the Armstrong investigation, and we are still waiting for criminal charges to be brought against top executives at many of the firms that left our economy in tatters [. . . ]

For his part, [federal investigator Jeff] Novitzky is starting to look more and more like Ken Starr, circa 1998, myopically pursuing a case whose relevance diminishes with each new news cycle.

Armstrong’s critics might call him a cheat and a liar, but what law did he break?

The government may find a way to charge him with defrauding the United States Postal Service, one of his sponsors, saying he falsely claimed he was clean. This may be a legitimate legal argument, but it won’t be easy to prove. More to the point, is it worth trying to prove?

If there’s one thing we’ve learned from the steroids era — and Novitzky deserves credit for this — it’s that a lot of professional athletes will cheat if they can. They might even lie about it. A handful of prosecutions is not going to change that.

Of course, Armstrong was more than a cyclist. He was a humanitarian, as much Greg Mortenson — the mountain-climber-cum-Third-World-school-builder whose own heroic narrative has come under question — as Roger Clemens. In other words, he’s just another guy who disappointed us. The sports world, like the real world, is full of them. Do we really need to devote scarce government resources to proving they let us down?       

A Georgia congressman, Jack Kingston, has asked the F.D.A. for a financial accounting of the globe-trotting Armstrong investigation. Whatever we have spent to date, it will rise exponentially if a prosecution goes forward. As we saw with the trial of Bonds, the last object of Novitzky’s obsession, there is no guarantee that it will result in a conviction that justifies the investment. How much is it going to cost us to add Lance Armstrong to our list of compromised heroes, when, let’s face it, in the court of public opinion he’s already there?

The real moral of Novitzky’s taxpayer-financed crusade may be that it’s time to put sports back in their proper place. Our nation’s values are not at stake, as Ashcroft once had us believe. But that doesn’t mean we can’t all still hope to witness some truly inspiring sports moments in our lifetime that aren’t ultimately tainted by P.E.D.s.

While we’re at it, it may be time to look differently at the tainted performers themselves, not as heroes or villains but as human beings who existed in the context of their dirty games, who did some impressive things on the field and some deplorable things off it. Their falls from grace may have something to teach us not only about their hubris but also our own misplaced desire for transcendent athletes. Those are lessons that go beyond sports, and we can learn them without the help of a modern-day Eliot Ness."
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It's pretty obvious what Jonathan Mahler's bias is.  From the ridiculous and gratuitous quote from that great sportsman, John Ashcroft, to comparing Jeff Nowicky to Elliot Ness and Kenneth Starr, to the overwrought discussion of Lance's bout with cancer, and finally, to Lance's cancer charity--we are obligated to conclude that Lance Armstrong is a victim if you accept Mr. Mahler's argument. 

Bunk.

Let's think about it.  You decide you are going to steal let's say . . .  mmmmm, how about something in the neighborhood of $200 million dollars.  You could knock off an armored car, or you could go into a variety of white collar criminal activity, or you could perhaps take your extraordinary athletic prowess and aggressively manipulate your body with designer drug cocktails to devastate your competitors.  Then you could misrepresent that you and your co-conspirators are cleanly competing in a notorious dirty sport.  You can claim that you are different, you are sportsmen of integrity and thereby harvest huge international corporate and governmental sponsorships running into the tens of millions of dollars.  If anyone, anywhere crosses you, well nothing beats a good defense better than a good offense.  Consequently, you lawyer-up and turn the civil law system into a weapon, suing your critics or anyone else into submission.  In litigation you lie and perjure when asked about the Performance Enhancing Drugs you and your cohorts are cheating the system with--and by abusing the legal system you obtain additional millions.   These in are some of the allegations against Armstrong. 

Should someone be prosecuted for obtaining this kind of money, by illegally and fraudulently cheating and covering up mail and wire fraud, because as we all know "everyone in cycling cheats?" 

Look, I was prosecuted and went to prison for cheating on my tax obligations.  Lots of others cheat and lie about their tax obligations and don't get prosecuted and don't go to prison, but you won't hear me say I was treated unfairly.  FCI, Morgantown was filled with persons who did various illegal acts, often de minimus offenses that others do all the time and don't get prosecuted or incarcerated for.  In some instances I felt like there were some examples of miscarriage of justice, nonetheless thousands of criminals are doing substantial periods of incarceration for fraudulent financial crimes involving far less fraud and substantially less than the sums of money than Armstrong is alleged to have gamed the cycling world and its sponsors for.  You don't prosecute someone committing financial fraud on the scale that Armstrong is alleged to have committed it, then you might as well open the prisons.

So what about Armstrong's charity?   Before the full outline of what appears to be the criminal enterprise took shape I was in the Armstrong's charity-made-deviations-irrelevant camp.  Most of his defenders are in this camp.  Sad.  Yeah, the Livestrong Foundation is great.  But don't forget, there is an inextricable public relations aspect to the foundation that is providing camouflage for Armstrong and never forget that many legendary crooks take refuge in their charitable works, let's see Bernie Madoff comes to mind. 

The Second Stage Team Time Trial TdF 2011
Today is the second stage of the Tour de France, you can get great moment-to-moment coverage at VeloNews.  The leading contender is Alberto Contador, who in prior years a great Armstrong rival, and one time team mate.  Contador is presently fighting his own international cycling doping ban, and faces the prospect of winning this year's tour only to have the victory invalidated based on his pre-Tour doping offense.  Contador claims his offense was due to eating doped meat!  Cycling is a bizarre world, no doubt.  For many years, I was on pins and needles excited over following Lance and his various teams: 7-11, Motorola, US Postal Service, and Discovery.  This year I'm long past being disillusioned, but I am a little disgusted that a sports writer at the New York Times would argue that sports frauds like Lance Armstrong is alleged to be are victims of overzealous prosecutors.   Give us a break. 

Friday, June 3, 2011

"You Better Apologize 60 Minutes or Else!"

News on the Lance Armstrong-front includes his hiring a couple of west coast heavy hitters previously involved in the Balco matter.  And then there's the demand by a couple of soldiers in Lance's army of lawyers that 60 Minutes apologize because information about a positive drug test by Armstrong described by Armstrong's former teammate Tyler Hamilton in the televised interview might be inaccurate in some respect.    This is from the LATimes:

Lance Armstrong's lawyers aren't sure whether a "60 Minutes" report linking their client to a positive doping test was "extraordinarily shoddy" or just plain "vicious."  Either way, they want an on-air apology from the TV news program and have demanded one in a letter sent Wednesday to CBS News Chairman and “60 Minutes” executive producer Jeff Fager.

“In the cold light of morning your story was either extraordinarily shoddy, to the point of being reckless and unprofessional, or a vicious hit-and-run job,” lawyer Elliot Peters wrote. “In either case, a categorical on-air apology is required.”  Peters added that the show ignored evidence from Armstrong's camp prior to the broadcast that the Swiss-related claims were false.  “What is particularly disturbing is that '60 Minutes' had access to the true facts, could easily have verified them, and apparently chose instead to broadcast untruths and then layer innuendo on top of the falsehoods,” Peters said.

CBS News spokesman Kevin Tedesco said Wednesday he was unable comment on the letter, but added about the "60 Minutes" report: “We consider this the most thorough investigation into doping in the sport of cycling ever done.”

In the May 22 report, former teammate Tyler Hamilton said Armstrong claimed he used the banned substance EPO in preparation for the 2001 Tour de France and that the International Cycling Union [ed. UCI] helped him hide a positive test from the Tour de Suisse earlier that year.  But last week Martial Saugy, head of Switzerland's anti-doping laboratory, denied allegations that Armstrong had failed a doping test during the 2001 Tour de Suisse. He added that his lab did find suspicious levels of EPO in four urine samples from the race, but he didn't know if any of them belonged to Armstrong.
Saugy also denied that UCI officials brokered a meeting between Armstrong and his lab, as reported by "60 Minutes." He did meet with Armstrong and then-U.S. Postal Service team manager Johan Bruyneel, but it had nothing to do with suspicious test results.
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This sort of tactic is classic distraction and public relations manipulation.  On the pretext of the mere denial by an alleged participant in potential wrongdoing, lawyers for Lance self-righteously scream that Armstrong was wronged by the press because they reported the allegations of Tyler Hamilton.  They demand an apology. 

The Catholic Church did precisely this sort of thing in the press.  One of the Church's lawyers ran around the country threatening civil and criminal prosecutions for false claims.  When I deposed this lawyer (who happened to be a Auxiliary Bishop) he admitted under oath that there were no false allegations. 

Is it possible that Tyler Hamilton is lying?  Sure.  Is it possible that Hamilton is wrong?  Very possibly.  But in my opinion, it is far more likely that Hamilton is mistaken about certain immaterial details and substantively right about doping.  My opinion is based on the sheer weight of versions now emerging from various sources including other teammates and former confidants.  Witness testimony is often mistaken or inconsistent in details without discrediting the underlying substance of the witness accounts.    A for-instance comes readily to mind:  a young girl testified in a case that something happened on a certain date and that she and her sister were watching a certain Disney video.  It turns out that the Disney title had not been released in the video format described by the young witness.  This detail was immaterial, because other evidence, forensic, physical, and testimonial was overwhelming as it pertained to the relevant issue to be decided.

And check Greg Risling's article for the Associated Press from yesterdays' Houston Chronicle.  Slightly different characterization, huh?

So Lance figures a good offense is the best defense.  We shall see.

Sunday, May 22, 2011

Tyler Hamilton's Lawyer on Tyler Coming Clean


The 60 Minutes interview with Tyler Hamilton was interesting. 

At the link you can read a Q & A with Tyler's attorney Chris Manderson.  The AmLaw Daily websiet uses Typepad which is a little funky--the program wants you to register but if you load it twice it will give you access to the interview without registration.

I'm interested in what you thought of the interview with Scott Pelley.

Saturday, May 21, 2011

Lance Armstrong Hires Karl Rove's Big Law Mouthpiece

Attorney Robert Luskin with Big Head Client
Politico is reporting that Lance Armstrong hired Karl Rove's Plamegate lawyer, Bob Luskin of Patton Boggs. Looking back over the last year,  AmLaw Daily adds the following:

The cycling star's legal team got a boost last August when it added San Diego lawyer-turned-media-spinmeister Mark Fabiani, known as the "master of disaster" for his work during the Clinton administration, to his legal team. Bryan Daly, the cochair of the white-collar defense practice at Sheppard Mullin Richter & Hampton, confirmed to The Am Law Daily on Friday that he remains a member of Armstrong's legal all-starss, along with the cycling star's longtime lawyers Sean Breen and Tim Herman from Austin's HowryBreen. As noted by Politico, the team has launched its own Web site called facts4lance.com, which seeks to rebut the allegations levied by some of Armstrong's accusers."
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This is all well and good, but let's bear in mind that good legal help goes only so far as certain billionaire hedge fund operators have found out. 

More on Armstrong

Picture from VeloNews of Hincapie and Armstrong
A commentator updated my Thursday post in which I predicted that a federal indictment of Lance Armstrong is imminent.  According to the commentator, Lance's long time inner circle cycling associate, George Hincape testified before the grand jury acknowledging performance enhancing drug use ("PED")--which if true will support the claims of Tyler Hamilton and previously, Floyd Landis.

This is Neal Rogers' account from VeloNews, which as I've said repeatedly over the last couple of years, is the most invaluable resource for news for all aspects of the sport of cycling.  The report:

"George Hincapie, one of Lance Armstrong’s closest friends during their time together at the U.S. Postal Service and Discovery Channel teams and the only member of all seven of Armstrong’s Tour de France-winning squads, testified before a federal grand jury that he and Armstrong had supplied one another with EPO and testosterone, CBS News reported Friday afternoon.  According to CBS News, Hincapie testified that he and Armstrong supplied each other with EPO and discussed having used testosterone to prepare for races.

Through an attorney Hincapie declined to be interviewed, citing the ongoing federal investigation led by FDA agent Jeff Novitsky.

Hincapie, reached by VeloNews Thursday, declined to comment on Hamilton’s confession and accusation. 'I know you’ve got a job and you’ve got to ask these questions. I’ve got a job too. My job is here to race my bike, promote the sport that we all love; that I’ve sacrificed my whole life for. I just have no interest in dragging this sport through the mud, so I’m sorry, but I have no comment.'
When asked whether he had a reason to disbelieve Hamilton, Hincapie, who rode with him at Postal from 1997 to 2001, said, 'I’m sorry. I’m not commenting.'

The story’s release Friday afternoon was the latest salvo in a war of the words that broke out after CBS News broadcasted an interview with former Postal teammate Tyler Hamilton Thursday night, in which Hamilton said he had witnessed Armstrong inject himself with EPO. A full report, with more from Hamilton, is scheduled for Sunday evening.  [Negotiations to obtain Armstrong's interview for the program ended with Armstrong's public relations folks accusing the 60 Minutes producers of not being "straight shooters."]

Armstrong downplayed the accusations by tweeting: '20+ year career. 500 drug controls worldwide, in and out of competition. Never a failed test. I rest my case.'   In a letter to Fager, two of Armstrong’s lawyers, Robert Luskin and Ted Herman, said that 60 Minutes was engaged in 'disgraceful journalism' and 'a serious breach of the most fundamental journalistic principles.'

Hamilton and former USPS [ed. United States Postal Service] teammate Floyd Landis each have an uphill battle in establishing their credibility. Each changed their stories fundamentally — from vehemently denying doping, to confessing and accusing Armstrong and others.

Hincapie, however, a three-time U.S. national road champion, has a solid reputation, is the co-owner of a successful outdoor clothing brand, and has remained friendly with Armstrong. At times Armstrong and Hincapie have referred to each other as best friends, and in an interview last year, Armstrong described Hincapie as like a brother.'  While 60 Minutes is reporting that Hincapie testified before a federal grand jury about his and  Armstrong’s use of PEDs, he declined to be interviewed by '60 Minutes,' which will air its piece on the Armstrong investigation at 7 p.m. EDT Sunday.

Several sources have told VeloNews that the show will reveal further bombshells, beyond those of Hamilton and Hincapie."
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The implications of the pending fraud charges against Armstrong, et al. is that proof of fraud destroys the illusion that these astounding athletic accomplishments, 7 Tour de France victories and many other victories worldwide were legitimately and legally achieved.  The whole Livestrong Charitable foundation with its ubiquitous yellow rubber bracelets, the inspiring comeback from cancer all of that will appear to be rot.  Hundreds of millions of dollars were amassed by Armstrong and his associates based on the representation that they rode these races clean.  If Armstrong was lying he and his friends obtained these millions fraudulently.  The sheer scale of the wrongdoing is such that under the federal sentencing guidelines Lance is looking at decades in federal prison.

For years, Lance skated despite rumors because it seemed unlikely that so many people (other cyclists, team managers, and others)who would have had known could have remained silent about performance enhancing drugs.  But truth be told they weren't silent.  When someone spoke up they were ostracized and ridiculed.  Since other cyclist were involved, their testimony was immediately suspect.  And since Lance never "tested positive" it was always claimed that he was riding clean.  The thing is, cyclists cheat and manipulate their test results, and then again there were various claims of positive tests, and bribery, and manipulated controls.  One of the most ludicrous moments in all of this was when Floyd Landis was caught trying to hack the computers at a testing lab in an apparent effort to manipulate a positive test result.  

Thursday, May 19, 2011

Is an Indictment Next for Lance?

News sites are reporting that former Olympic Champion road racing cyclist Tyler Hamilton told CBS news that he saw Lance Armstrong doping, using the blood boosting cancer drug EPO during the 1999 Tour de France.  As I previously reported reliable sources in the cycling world suggest that Lance is the target of a criminal investigation into wire and mail fraud relating to his use of performance-enhancing drugs. 

According to knowledgeable sources a federal indictment is imminent and will involve accusations of fraud relating to hundreds of millions of dollars.  In essence the claim will be that over the decade in which Lance dominated the sport of cycling (Armstong won the Tour de France 7 times) he fraudulently obtained hundreds of millions of dollars in sponsorship deals while representing that he and teammates with the US Postal Service were riding clean.  In one particular case Lance engaged in civil litigation resulting in his deposition during which he asserted that he did not use performance drugs.  Former lieutenant, Floyd Landis, an admitted liar contradicted Armstong's claim of riding clean.  The claims contained in the interview Tyler Hamilton, an Olympic gold medalist gave to CBS are more troubling.  At the link CBS provides a video samply for the upcoming 60 Minutes interview with Tyler Hamilton.

The problem with all the witnesses against Lance Armstrong is that thus far each witness quoted in the press--has himself engaged in prohibited performance enhancing doping.   But as we saw with Barry Bonds problematic witnesses are not a bar to obtaining a conviction for doping in sports.  Unlike Bonds, Lance is looking at something much heavier than lying about drugs, he's looking at potential decades in prison for financial fraud. 

Wednesday, July 28, 2010

Lance Update--The WSJ Analysis


The Wall Street Journal has a thorough look at Lance's legal peril.  The analysis by Reed Albergotti and Vanessa O'Connell sets out the underlying story, the issues, the witnesses, the history and the implications.  This is by far the best discussion of what's in the cards for Lance Armstrong arising out of the Floyd Landis pre-Tour disclosures. 

Friday, July 23, 2010

Lance Lawyers Up

The Associated Press is reporting that Lance Armstrong has hired a criminal defense attorney in other words he's "Lawyering Up."  Of course Lance has always been pretty litigious and he was always pretty covered in a legal sense. This is the sports story nearest and dearest to my heart.  I want to believe that Lance won the Tours, clean.  Now I have my doubts.  We shall see, the AP report follows:

"Lance Armstrong has hired a criminal defense attorney to represent him in the federal investigation for possible fraud and doping violations by the seven-time Tour de France winner and his cycling teammates.

Bryan D. Daly is a former federal prosecutor based in Los Angeles and partner at the firm Sheppard Mullin Richter and Hampton. His hiring by Armstrong was first reported by The Daily Journal, a legal trade publication, and then by the New York Daily News.

Daly confirmed to the AP he had been hired by Armstrong in an e-mail late Wednesday night.

The investigation was spurred by accusations from Floyd Landis, a former teammate of Armstrong's on the U.S. Postal team, in a series of e-mails sent to cycling and doping officials this spring. Armstrong has denied the allegations and questioned Landis' credibility. Landis was stripped of his 2006 Tour title for doping."