Last week, in different cities hundreds of miles apart, I saw, quite by chance, two cyclists who personify the quandary posed to cycling by celebrity racers who some see as heroes, others as cheats. Each of those cyclists sported a natty pirate’s goatee and bandana above a uniform that resembled the Mercatone Uno team kit of the late Marco Pantani. One of my sightings was in Philadelphia, the other in Boulder, and because I was driving a car in traffic I couldn’t stop to ask those riders what they thought about Pantani.
This past weekend, a famous pro cyclist who was thrown out of the 2007 Tour de France for blood doping, retired from cycling in glorious style. The principality of Monaco honored one of its residents, 2012 Olympic gold medalist Alexander Vinokourov, with the final race of his career on a circuit along Monte Carlo’s waterfront, next to the luxury yachts of billionaires. Among those who came to the party was the sport’s greatest racer, Eddy Merckx, along with men who admitted doping, including Jan Ullrich and Richard Virenque.
Regarding the two Pantani look-alikes, the chances are they regard the 1998 Tour de France and Giro d’Italia champ as one of the greatest climbers the sport has ever produced, and not as the rider who lost a Giro he was winning because his blood tested above the 50-percent-hematocrit level, or the sad drug addict who died at age 34 from a cocaine overdose.
At the farewell race in Monaco on Sunday were several current pros regarded as leaders in the anti-doping movement: world champion Philippe Gilbert of BMC Racing, Chris Froome of Team Sky and Vincenzo Nibali of Liquigas-Cannondale. On Monday, Gilbert tweeted a photo of himself standing next to the man of the day and one of his sons, with the caption, “The last race of Vino yesterday! Great champion!”
In Italy, Pantani is revered as one of his country’s greatest riders, despite the suspicions that he used EPO to notch his grand tour victories and break course records on climbs such as L’Alpe d’Huez. His name is still etched in stone as the winner of the Giro and Tour; a major Italian pro race is named after him; Pantani memorials dot the countryside; and the Giro organizers regularly honor him with special awards on famous climbs such as the Mortirolo. But on this side of the Atlantic, Pantani is mostly regarded as a cheat.
In Kazakhstan, despite that 2007 blood-doping positive, Vinokourov is revered as a national hero, the country’s only Olympic gold medalist in a mainstream sport. On multi-story buildings in the capital city, Astana, giant murals of Vino adorn the walls, and he’ll remain popular as he converts from rider to manager of Team Astana. Clearly, no one in Kazakhstan, and, it seems, quite a few pro racers, consider Vino’s racing legacy a tainted one.
Even though it seems the Europeans have their heads in the sand when it comes to doping, that’s not the case in the U.S. Neither Vino nor Pantani is considered a hero here (except perhaps by those Il Pirata fanatics!), but we have to wait and see how the public eventually views the generation of American riders who raced alongside Pantani and Vinokourov in the 1990s and 2000s.
Some of them have already said they used banned drugs or blood-doped (including Frankie Andreu, Tyler Hamilton, Floyd Landis and Jonathan Vaughters), others have been outed by a former teammate (including Tom Danielson, Christian Vande Velde and Dave Zabriskie), USADA has suspended Lance Armstrong for life and nullified all his Tour victories (though the Texan continues to deny ever using performance-enhancing drugs), while others are likely to be prominent as involved witnesses (including George Hincapie, Levi Leipheimer and Kevin Livingston) in USADA’s upcoming report into the alleged doping conspiracy at the former U.S. Postal Service team.
USADA says the revelations in its report will be devastating, and will knock American cycling sideways. But in essence it’s very little different, or even similar, to what has happened in other countries. Over the past 20 years, most cycling nations have had to cope with doping scandals that involved their leading teams or star riders.
Chronologically, the Dutch had to cope with their all-star PDM team getting sick (with later evidence of EPO being used) and dropping out of a Tour de France it was hoping to win; the French were demoralized by the organized doping uncovered in two of their top teams, first Festina and then Cofidis; the Spanish were hit by blood-doping revelations at their favorite squads, Kelme and Liberty Seguros (formerly ONCE), at the time of the Operación Puerto police bust; the Danes were shocked by the Puerto shockwaves that hit their Team CSC; the Germans were even more scandalized by the admissions of doping from most of their Deutsche Telekom stars; and the Swiss had to witness the dissolution of their all-conquering Team Phonak because of repeated doping positives.
I haven’t yet mentioned the Belgians and Italians in this brief overview because countless riders and teams from those countries have either been the subject of police drug investigations or connected with alleged doping doctors. It’s well know that the Italians were the first to experiment with EPO, as early as the late-1980s, but cycling fans (including the stalwart Pantani supporters) are as enthusiastic about cycling as they have ever been, while doping offenders such as Ivan Basso remain as popular now as they were before being suspended. And the crowds in Belgium at the spring classics are just as thick now as they were before their (still) icons Johan Museeuw and Frank Vandenbroucke were busted for doping.
Common features in revealing the organized doping in those eight European countries were initial police involvement (Festina Affair, Operación Puerto, Italy and Belgium investigations), and tell-all books by team personnel (Willy Voet of Festina, Jef d’Hondt of Telekom). Only after those developments did the media pick up on the stories and get athletes to talk—as with the series of articles in Germany’s Der Spiegel that resulted in Telekom team members Rolf Aldag, Bert Dietz, Christian Henn, Brian Holm, Bjarne Riis and Erik Zabel all admitting to EPO use.
Other common features of those European doping affairs were the lack of in-depth investigations into those teams by anti-doping agencies, no retroactive suspensions (most of the above names are still working in cycling), and virtually no stigma attached to their doping offenses. That’s in contrast to what has happened, or appears to be happening, in the U.S.
Yes, there are similarities with Europe, with frequent media allegations of doping against Armstrong and his Postal squad (many of the pieces based on the extensive investigative reporting work of Irish journalists David Walsh and Paul Kimmage), admissions of doping by certain riders, and more extensive confessions from Hamilton and Landis (but only after they’d spent fortunes on failed appeals against their doping suspensions in 2004 and 2006 respectively). But what’s different has been the repeated legal cases that have revolved around the alleged doping by Armstrong and Team Postal.
In 2004, there was the arbitration hearing demanded by Armstrong’s lawyers after SCA Promotions failed to pay a $5 million bonus predicated on his winning a sixth consecutive Tour. That case was eventually settled out of court, with SCA paying the bonus plus $2.5 million in interest, costs and attorney fees. Then came the two-year federal fraud investigation into the Postal team, led by the FDA lawyer Jeff Novitzky, that was suddenly abandoned this past February. The USADA investigation, which took up the threads of the FDA work, is different because, as far as I can recall, a national anti-doping agency has never done anything on a similar scale—perhaps because most such agencies don’t have the funding or resources to contemplate such work.
The details of the USADA report are likely to start being known after it’s sent to the World Anti-Doping Agency and the UCI by next week, but for now most of the subjects in that investigation continue their cycling careers (as riders, coaches, team officials or race organizers), while Armstrong continues to deny doping despite the verdict handed down by USADA.
One question remaining is whether American fans will react to the eventual “devastating” details in the USADA report in the same way the Europeans have reacted to the doping sins of their (remaining) heroes. If the British are as close as we can expect to get as an example, then the negative reactions to any more doping revelations could be limited. I was watching the recent Tour of Britain on line when the highly respected British commentator David Harmon of Eurosport said: “Good to see Ivan Basso here—one of the really big superstars.”
If he were still alive and racing, Pantani would likely have elicited the same designation.
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Image: John Pierce, Photosport International
Now that federal prosecutors have dropped the grand jury investigation of Lance Armstrong, what becomes of all the evidence? Will it/can it ever be made public? Certainly, there is some interesting stuff in there, even if it didn’t support prosecutors’ calculations for a trial.
I have to admit that it was an interesting – and somewhat unexpected – news item that popped up my screen yesterday.
The office of André Birotte, the U.S. Attorney for the Central District of California, issued a terse statement noting that he had “determined that a public announcement concerning the closing of the investigation was warranted by numerous reports about the investigation in media outlets around the world.”
Beyond that, Birotte’s office remained tight-lipped. A nearly two-year grand jury investigation is over and it appears that we’ll be hearing very little of what was found over the course of that effort.
Normally, the work of a grand jury is shrouded in secrecy, but Birotte was correct in noting that there had been considerable coverage of the case and it was only fair to announce that it had not resulted in a criminal prosecution. Still, it raises questions.
I have to admit that I was more than a little surprised by this one. I honestly expected at least something to come of a nearly two-year investigation. That said, I wasn’t privy to what was going on in the grand jury and the subject of the investigation had his own take on my speculative essays from the past (see photo at right).
Sources close to the investigation say that the decision came as a surprise to many of them, too. The case was being handled by Assistant U.S. Attorneys Doug Miller and Mark Williams, with the help of FDA Criminal Division investigator Jeff Novitzky. The U.S. Attorney’s office did not indicate who decided to end the investigation, whether it was based on a lack of evidence, whether there were strategic problems with pursuing an indictment or whether pressure came to bear from outside the Central District. Indeed, the Assistant U.S. Attorneys, Novitzky and other investigators were informed of the decision only about 30 minutes before the press release was issued. Somehow, I think we’re going to hear a bit more about what went into this decision. I remain curious.
That big hurdle
While many have hailed the end of the investigation as a sign that Armstrong has been “cleared” of doping allegations, it may have just come down to other issues. Again, while the grand jury’s work was secret, there were indications that much of the investigation was focused on allegations of financial crimes, starting with the U.S. Postal Service’s sponsorship of Armstrong’s first Tour de France-winning team.
News reports from a year ago also indicated that U.S. investigators were making considerable progress as they worked with their counterparts in France and Italy to examine a complex web of financial transactions involving physician Michele Ferrari and a number of high-profile cyclists.
Right off the bat, though, pursuit of any charges stemming from those transactions would run up against both jurisdictional problems and questions of whether prosecutors could get past the federal statute of limitations.
Much of what was being investigated involved acts that occurred as many as 13 years ago. Any crime involving the fraudulent use of federal funds derived from the Postal sponsorship, for example, would have occurred prior to the 2004 expiration of that sponsorship. Meanwhile, federal law (18 U.S.C. Section 3282) pretty much limits prosecutions for most crimes to a five-year period prior to the issuance of an indictment.
One approach that might have gotten past that hurdle was for prosecutors to rely on the Racketeer Influenced and Corrupt Organizations Act (RICO), (18, U.S.C. Sections 1961-1968), the statute designed to give prosecutors more options in pursuit of a larger criminal conspiracy. When it was passed in 1970, it was intended to be used in “Mafia” prosecutions, but it’s since been used in cases involving a wide variety of financial crimes.
Under RICO the statute of limitations might — under a very narrow set of circumstances — be extended to 10 years. But somewhere along the way, someone determined that there wasn’t a winnable case.
As you might imagine, a team of lawyers, federal investigators and a grand jury would generate a ton of paper over the course of a two-year investigation. And as you said, Doug, it’s likely that “there is some interesting stuff in there.” I am the first to admit that I would give my right … errr … uhhh … arm to spend a few weeks sorting through that mountain of paper. It ain’t gonna happen, folks.
The Federal Rules of Criminal Procedure govern the work of federal grand juries. Rule 6 outlines a very narrow set of circumstances under which the results of a grand jury investigation might be shared. The only way that it would be shared with the public is if there had been an indictment. Then the charging document would have outlined the basis for a charge.
Now, the work of the grand jury will be available only to other federal authorities in the course of their work. There is no indication that there are other federal investigations under way. As far as we know, that side of the case is pretty much over and Mr. Armstrong has most certainly breathed a sigh of relief — if for no other reason than that he has now been spared the stress and expense of defending himself against a serious criminal charge.
What about the dope?
Okay, so despite the shroud of secrecy, there have been media reports about some of the testimony presented in this case. If you scan the aforementioned Rule 6, you will notice that the rules limit the obligation of secrecy to those directly involved in the grand jury or the investigation.
What that means is that witnesses, for example, are free to talk about their testimony. The most obvious examples have been the public interviews offered by Floyd Landis and Tyler Hamilton after they offered testimony alleging doping on U.S. Postal. Hamilton even made an appearance on CBS’ “60 Minutes” program to discuss his testimony.
Others have testified and some elements of that testimony have been leaked to the public. In this case, “the public” is composed of all of us: reporters, cycling fans, the curious … and the U.S. Anti-Doping Agency.
Indeed, USADA’s chief executive officer, Travis Tygart, issued his own statement on Friday, noting: “Unlike the U.S. Attorney, USADA’s job is to protect clean sport rather than enforce specific criminal laws. Our investigation into doping in the sport of cycling is continuing and we look forward to obtaining the information developed during the federal investigation.”
As I mentioned, the Federal Rules of Criminal Procedure do provide for exceptions to the secrecy provisions. The rules under 6(e)(3) outline the circumstances in which the work of a grand jury may be disclosed to certain other entities. Mostly, those are to other federal attorneys, but it can be shared with state and foreign courts under limited circumstances.
Tygart’s comment would almost seem to suggest that he believes that a USADA investigation may fall under the provisions of Rule 6 and might allow some of the evidence acquired by the grand jury to be shared with his agency. We’ll see. I would expect to see a fight on that one. A strict interpretation of the the rules pretty much limit access to:
(i) an attorney for the government for use in performing that attorney’s duty;
(ii) any government personnel—including those of a state, state subdivision, Indian tribe, or foreign government—that an attorney for the government considers necessary to assist in performing that attorney’s duty to enforce federal criminal law;
I can’t imagine, though, that Tygart and USADA would try to make a claim that it does qualify as a “state actor” since that would open up a whole other can of worms when it comes to future doping cases. There are, however, obligations under the UNESCO International Convention against Doping in Sport, the 2005 treaty to which the U.S. is a signator. The treaty encourages officials to share relevant evidence with anti-doping authorities. Furthermore there is considerable evidence in this case that had not yet been presented to the grand jury. Some of that could be shared as part of the government’s duty under the treaty or under any cooperative agreements various agencies have with USADA.
If it appears that investigators are prepared to share some of that information, though, we can expect a fight to erupt as attorneys representing Armstrong and others seek to prevent any evidence from the case from being handed over to USADA.
You might also keep in mind, however, that Tygart may already have a fair share of evidence acquired outside of the grand jury process. There were early indications that Tygart was involved in working with Novitzky in this case. Last year, Associated Press reporters spotted Novitzky in France on a trip that involved a visit to Interpol headquarters in Lyon. Tygart was also there. One must assume that the USADA CEO has seen at least some of the evidence in this case.
Would the SOL mean USADA’s SOL?
But again, any USADA investigation of Armstrong would involve allegations against a now-retired rider. Armstrong’s last Tour win came in 2005. Most of the allegations raised in the grand jury investigation — at least those disclosed to the public — go back even further than that.
Under the World Anti-Doping Agency Code, a national anti-doping agency has eight years in which to bring a case against an alleged violator. So that would involve the 2005 win … and maybe 2004. But there are five others that would remain unaffected, right?
But wait …
Interestingly enough, USADA only recently won a case that imposes sanctions for violations that occurred well beyond that eight-year-window.
In a decision issued just last week by the American Arbitration Association, former Olympic marathoner Eddy Hellebuyck was sanctioned for violations that occurred more than 10 years ago.
It is an interesting decision and one based largely on the fact that the AAA panel determined that Hellebuyck had not testified truthfully at an earlier hearing. Of course, making that determination was simplified by Hellebuyck’s public admission that he had been using EPO as far back as 2001. That stood in contrast with testimony he had offered in a hearing in December 2004 after testing positive for EPO earlier that year.
In its 2012 decision, the AAA ruled that the athlete’s active efforts to cover up past use – specifically in this case his perjured testimony at his first hearing – meant that the statute of limitations didn’t apply. The panel acknowledged that it was venturing into new territory, and, if Hellebuyck cares to appeal, it will certainly be subject to review by the Court of Arbitration for Sport (CAS).
Either way, based on the decision in Hellebuyck, we may see Tygart and USADA go full bore into an investigation of Armstrong and others. If that’s the case, USADA and WADA have their own rules regarding disclosure of an ongoing investigation. Again, it wouldn’t be until a case is actually filed before you might see some of the evidence presented in that matter.
The bummer about WADA rules is that whatever “trial” takes place would be behind closed doors. Of course the respondent has the option of requesting a public hearing, but you saw how well that went last time a big-named athlete went that route.
In other words, it could be some time before any of us see any evidence in this case … if ever. I know a lot of you are tired of the whole thing and the past-is-past argument is gaining traction in some circles.
Me? I’m just interested in watching how all of this unfolds. I’m not betting on the outcome, but I remain intrigued. I guess it’s like watching a train wreck. It’s hard to turn your head once you see what’s going on in front of you.
The Explainer is now a weekly feature on Red Kite Prayer. If you have a question related to the sport of cycling, doping or the legal issues faced by cyclists of all stripes, feel free to send it directly to The Explainer at Charles@Pelkey.com. PLEASE NOTE: Understand that reading the information contained here does not mean you have established an attorney-client relationship with attorney Charles Pelkey. Readers of this column should not act upon any information contained therein without first seeking the advice of qualified legal counsel licensed to practice in your jurisdiction.
I am among those who really wish “the past” would just go away, but it hasn’t yet. Is December 31 the absolute drop-dead date for grand-jury action on the Lance Armstrong case? Is there wiggle room?
I am not one of those lawyers who has a lot of experience with federal grand juries — either as an attorney or as a defendant — so I checked in with a friend who works as an assistant U.S. attorney in another district.
As is usually the case, there is a rule out there and my friend pointed me to the Federal Rules of Criminal Procedure, which sum up the question rather nicely.
Rule 6(g) of the Federal Rules of Criminal Procedure provides:
(g) Discharging the Grand Jury. A grand jury must serve until the court discharges it, but it may serve more than 18 months only if the court, having determined that an extension is in the public interest, extends the grand jury’s service. An extension may be granted for no more than 6 months, except as otherwise provided by statute.
Given that it operates under a shroud of secrecy, it’s kind of hard to find out precisely when the grand jury was originally empaneled. Still you can make an educated guess. Most observers agree that the grand jury was originally charged with a far more general investigation into the distribution of performance-enhancing drugs in cycling. The impetus for that came after Joe Papp began to cooperate with authorities after pleading guilty to conspiracy to distribute performance-enhancing drugs, including human growth hormone and EPO, at a time when he was offering information against other athletes suspected of doping violations.
While Papp originally came into the public spotlight when he testified at the Floyd Landis doping hearings in 2007 as to the efficacy of testosterone use by cyclists, what appears to have caught the attention of federal authorities is information he offered regarding former Rock Racing rider Kayle Leogrande.
According to sources close to the investigation, one target was former Rock Racing owner Michael Ball, who was allegedly involved in the purchase of performance-enhancing drugs for other riders. (Ball was the owner of Rock & Republic Jeans, which has since sought bankruptcy protection, given that the market for $300 sequined blue jeans has pretty much dried up in these hard economic times.)
We first learned that Papp was cooperating with federal investigators and the U.S. Anti-Doping Agency back in February of 2010. Now we shouldn’t assume that the grand jury was empaneled at that point. Papp’s testimony was probably reviewed in detail by Assistant U.S. Attorney Doug Miller and Food and Drug Administration Criminal Division investigator Jeff Novitzky, the two men heading up the investigation. That had to take some time and most believe that the grand jury was formally empaneled around April of 2010. That would suggest that we’re close to the 20-month mark in the life of this grand jury.
So we’re beyond 18 months and we’re guessing that the U.S. Attorney’s office in Los Angeles has asked for — and received — the six-month extension provided for in Rule 6(g). The most likely justification for that is the complexity of the case involving not Michael Ball, but a much bigger target, Lance Armstrong, who came to the attention of investigators in May of 2010 after Floyd Landis very publicly leveled a number of doping allegations against the former Tour winner.
That Armstrong is now a focus of the grand jury’s efforts is pretty clear at this point. We’ve all heard of the parade of former teammates and staff subpoenaed in the matter. Had there been any doubt, that disappeared when Tyler Hamilton was interviewed on CBS’ “60 Minutes” show, offering details as to the testimony he presented to the grand jury.
Now, there has been very little news about the grand jury since the big flap over the Hamilton interview, but that doesn’t mean that there isn’t anything happening out there in L.A. I’ve recently spoken with two attorneys whose clients have testified to the grand jury within the last 40 days. My guess is that the work is continuing, but Miller and Novitzky are staying quiet, as they are required to do.
Assuming the April 2010 empanelment date is right, the existing grand jury investigating Lance Armstrong could continue to work all the way up to April of 2012. So, we might hear of indictments being handed down some time in early 2012.
What if there are no indictments?
So what happens if the clock ticks by and we don’t hear of indictments by April or May of next year? Sure, that could be viewed as an indication that no charges will be filed against any of the subjects of the investigation. Indeed, the odds are good that you will probably hear statements from Armstrong’s attorneys that the absence of formal charges is an affirmation of his innocence … as it may well be.
However, the simple fact that the grand jury’s time has expired shouldn’t be considered definitive. If the U.S. Attorney’s office decides to continue pursuing the case, they have the option of empaneling a second grand jury, which would have full access to the records and transcripts from the first.
But as they say, “time waits for no one,” and it won’t wait for grand juries. Even though the grand-jury clock isn’t necessarily a big deal to the prosecution side, there is the whole question of the statute of limitations. Federal law (18 U.S.C. Section 3282) establishes that there cannot be prosecutions for most crimes committed more than five years prior to the issuance of an indictment. Certainly most of Landis’ allegations involve alleged acts that occurred much more than five years ago.
There is one very notable exception to that limit in the form of the 1970 Racketeer Influenced and Corrupt Organizations Act (RICO), (18, U.S.C. Sections 1961-1968). RICO was designed to give prosecutors a package of options to pursue longtime criminal conspiracies.
At first glance, RICO does provide for a broader time horizon in that it requires a defendant to have committed at least two acts of “racketeering activity” within 10 years of commission of a prior act of racketeering activity. However, RICO’s wording can be confusing, especially that “pattern of racketing activity” language with the 10-year reference. The fact remains that RICO is still subject to the general five-year statute of limitations, unless bank fraud is involved, and then it can be extended to 10.
Now here’s the rub. Sources close to the investigation have hinted that the Armstrong investigation is focused on much more than doping and could involve significant financial transactions. RICO’s 10-year window also covers the Currency and Foreign Transactions Reporting Act (31 U.S.C. Section 5311), which may be at issue here, since we’re dealing with allegations of moneys being transferred across international borders in order to advance a criminal conspiracy.
The bottom line is that yes, the clock is ticking, but we have a number of deadlines out there. We just have to read the indictments — if there are any — to see what argument prosecutors will use to justify pursuit of the case.
My buddy, the aforementioned assistant U.S. attorney, says he’s beginning to believe there won’t be indictments. Me? I’m not a betting man, so I am not going to venture a guess. All I know is that if there are indictments, they should make for some mighty interesting reading … and I always enjoy a good read.
The Explainer is now a regular feature on Red Kite Prayer. If you have a question related to the sport of cycling, doping or the legal issues faced by cyclists of all stripes, feel free to send it directly to The Explainer at Charles@Pelkey.com. PLEASE NOTE: Understand that reading the information contained here does not mean you have established an attorney-client relationship with attorney Charles Pelkey. Readers of this column should not act upon any information contained therein without first seeking the advice of qualified legal counsel licensed to practice in your jurisdiction.
We saw this coming. Anyone who didn’t see a suspension looming for Alberto Contador probably didn’t think the worldwide real estate bubble would burst, that the summer of love would end or that drugs would continue to be a problem for cycling. The Spanish Cycling Federation really didn’t have many choices. Even though some media quotes suggest that certain members of the federation would have acted to protect Contador, it would have been suicidal for the federation to absolve him of any infraction.
Even if it was conclusively proven that a team of rogue ninjas mugged Contador, strapped him down and then placed a cookie jar over his hand, his hand was not allowed in the cookie jar under any circumstances. Strict liability. The rules really didn’t allow for another outcome.
American cyclist Scott Moninger mounted mounted the most rigorous defense ever presented to show that the presence of a banned substance in his body got there unintentionally. Moninger tested positive for 19-norandrosterone due to a tainted supplement. He bought up other containers of the dietary supplement and had them tested to demonstrate how the substance entered his body. He still got a one-year suspension.
By comparison, Contador has floated theories that have mostly involved tossing the whole of the Spanish beef-producing industry under the bus. It may be that he genuinely doesn’t know where the Clenbuterol came from, how it entered his body. He has, however, a problem that Moninger didn’t have. His test sample showed evidence of plasticizers that are used to keep equipment used in blood transfusions soft and pliable. Think of plasticizers as lotion for plastics.
While there is no rule specifically against plasticizers, the UCI’s ‘where there’s smoke, there’s fire’ view of the world suggests they are unlikely to be satisfied with a single year’s suspension for el Pistolero.
The issue here is not whether Contador deserves a more significant suspension, it’s that by not handing him a more significant suspension, the Spanish Federation may have actually prolonged Contador’s agony. Should the UCI appeal his suspension, the fighting could go on longer than the current length of his suspension.
It’s hard to think that a cycling story could eclipse the current Sports Illustrated piece concerning the investigation into Lance Armstrong and the US Postal Service cycling team by Jeff Novitzky, but here we are. Current Tour de France champion stripped of title and suspended for doping beats story of 10-year-old allegations into Lance Armstrong’s alleged doping.
Should the UCI accept the one-year suspension and not appeal for something longer, we are still within our right to ask about the suspension as determined. How useful is a one-year suspension?
Contador is 28. Suspended for one year, he’ll come back to compete in the Tour de France at the ripe old age of … 29. And after all, 29 is generally considered to be roughly the peak of a cyclist’s powers.
Had Contador tested positive for, say, heroin, I would have been suspicious that something odd had happened. I would be hesitant to believe that he took that drug. However, the Clenbuterol and plasticizer fit precisely within the logic of what a Grand Tour rider would take. To the degree that there’s been a rush to judgement on Contador, it’s been because the substances found in his sample fit within what we know of doping practices by those attempting to win stage races.
I’ve tried, from time to time, to suspend not disbelief, but belief. If I’m honest, I was suspicious of Contador’s success during the 2009 Tour. Certainly his performance in the final time trial at Lake Annecy strained my credulity. It couldn’t have been less believable to me even if director Michael Bay had added machine guns, car crashes and explosions.
It is because I have trouble believing that he’s only accidentally guilty that I wonder if a single year suspension is enough. Perhaps his suspension as recommended by the Spanish Federation won’t matter, even if the UCI doesn’t appeal it. It seems possible that the Amaury Sport Organization will just refuse to invite any team he’s on—in perpetuity.
And if they do that, could we blame them?
It’s easy to wonder just what’s on the mind of Pat McQuaid. I honestly don’t know how his mind works. However, I do wholly believe that Christian Prudhomme wants the Tour de France competed in and won by clean athletes. And I think part of the ASO’s issue with the UCI is that they don’t see the Aigle Cabal as doing enough to protect their interests.
Twelve months from now we may be saying, “Woe be unto thee who hires Alberto Contador.”
It may be that hiring him doesn’t ensure victory; instead it may only ensure what races you’re not doing.
Image: John Pierce, Photosport International
Bashing Floyd Landis has become something of a past time for cycling fans. Even before his first implosion he was a rough-hewn character, the Crocodile Dundee of the cycling world. Within the US Postal Service Team he was Oscar to Lance Armstrong’s Felix in the boys in blue’s production of “The Odd Couple.”
From his first explanation for his positive test (Jack Daniels) he showed a capacity for the unexpected that could take even a fortune teller by surprise. His book, “Positively False” showed a rebellious, impish spirit designed almost perfectly to clash with Armstrong’s iron fist management. As an expression of spirit, it was an entertaining read and fairly complete in its examination of his career—with one not-so-small omission: his pharmacy.
I wrote several posts concerning Landis’ defense and read the entire transcript of the CAS appeal at Pepperdine University. While the UCI acted on an understandable “where there’s smoke, there’s fire” premise, I’m convinced they never actually caught Landis. The initial test was so poorly performed that the case against him should have been dropped. My problem with the case wasn’t that I wanted a cheat to win, it was that I didn’t want to see the same tactics result in the suspension of an innocent rider.
In a spectacular variation on the “guilty but not responsible” defense, I can see how he might have thought, “I’m accused of something I didn’t actually do. I can beat this, because they didn’t catch me at what I did do.”
Who wouldn’t think that?
Landis’ career and life were utterly destroyed as he pursued his defense. Many people are angry that a guilty man took money from them to mount an extraordinarily expensive, but ultimately fruitless, defense. Viewed through the mindset outlined above, an argument can be made that he wasn’t cheating anyone.
But for those who didn’t provide for his defense, an understandable outrage remains: Landis’ doping case cost USADA so much to prosecute that they ran other efforts on reduced budgets. In short, Landis’ defense impinged on other anti-doping efforts.
Since changing his story, cycling fans and the media have seized upon his story as either the raving of a lunatic or the smoking gun necessary to bring down Big Tex. What’s amazing is how often I encounter people who didn’t believe he was innocent when he first tested positive and yet don’t believe him now that he has confessed to doping.
Which is it, people? It can’t be both.
While it is logically possible that both stories could be complete fabrications, that’s highly unlikely. A lie is told to serve a larger purpose and if Landis is lying now, we have to ask the question: ‘To what purpose?’
If what he says isn’t true, the ramifications for him could include jail time, which is perhaps the only meaningful deterrent for him as he is essentially without assets at this point and what lawyers frequently refer to as “judgement-proof.” And I don’t think Landis would willingly choose jail as an alternative to unemployment.
Still, Landis hasn’t made this easy for himself. While he has given investigator Jeff Novitzky a variety-pack of allegations that the dogged and successful investigator is chasing, he has also handed us gems like the suggestion that the UCI protected some riders.
While I can name instances—for which I was present—where the UCI’s application of its own rules was highly irregular, I never saw anything that bordered on protecting a doped rider. That’s not to say it hasn’t happened; Landis has yet to provide anything stronger than a rumor and his other allegations suffer for it.
Now, Landis has asserted that cycling is the Superfund Site of sports, an endeavor in which doping is so inextricably entwined that cleaning it up is less likely than man traveling at the speed of light. His solution? Open a top fuel division: allow doping.
Look, I believe that Landis has seen things and knows things that could help to shed light to investigators on the doping front. Think of him as first mate on the Santa Maria. His eyewitness accounts of Columbus’ voyage to the west would be invaluable. We need him to talk.
However, every time he opens his mouth on something he didn’t personally do or see, he gets into trouble. What he doesn’t understand is that his usefulness to cycling does not extend, currently, to suggestions such as eliminating the doping code.
Here’s something that is not a newsflash: Doping will never be eliminated. In any population there will be those who cut corners, push the bounds, cheat. Those few should not cause an entire society to capitulate. Just because people are murdered, should we all carry guns?
Because so much of what Landis has to say seems to be based in the same variety of nuttiness that led the Octomom to become the world’s only single mother to 14 children, many people simply write him off. It’s understandable, if tragic.
Years ago I knew someone who would buy Lucky Charms cereal and pour small bowls of it and pick the marshmallows out, leaving behind the cereal, which was just Alphabits. I always thought of it as a waste of cereal. Landis has given me the capacity to see the merit in just extracting the tiny bits of gold that are presented. Maybe it’s unfair to compare him to a marshmallow, but not everything that comes out of his mouth is crazy. In dismissing everything he says as a fabrication from whole cloth, we lose an opportunity to learn from his experiences as a rider, and we do that at our own peril.
What he knows could provide an invaluable education to both the UCI and to WADA.
What Landis doesn’t seem to understand is that the UCI can’t be treated as an adversary if your purpose is to help expose the doping problems inherent in cycling. Unfortunately, Pat McQuaid is Floyd Landis’ doppelgänger, and in that he is no less likely to make statements of such sweeping irresponsibility that we have little use for them except to fertilize the whole of the plains states.
This week, with little surprise, Landis announced his retirement, effective immediately. It’s easy to turn his announcement into a joke about the obvious—that he really had no career currently—but the sadder truth is that it was an admission on his part that it was time to let go of a dream.
Landis knows things, helpful things. We should hear him out and we should show him some compassion. He’s lost everything he worked for. Is that really the just result for his transgressions?
Image: John Pierce, Photosport International
Okay, so we couldn’t leave a whole week without a post. It’s been a year of stories often as fascinating as they are frustrating. Robot and I have picked our five most significant (if not favorite) story lines.
1) Fabian Cancellara’s Roubaix/ Flanders Double—Few riders are able to completely dominate their competition quite the way Fabian Cancellara can when he’s in top form. His astonishing attack on the Muur in the Ronde, while seated mind you, is a move I will never forget. Then his turn of speed at Roubaix, with main rival Tom Boonen momentarily asleep at the switch, was thrilling. To ride off the front of a group containing Boonen, Thor Hushovd, Juan Antonio Flecha and a select crew of Classics specialists, demonstrates a power and quality we seldom see. Those two wins made Cancellara’s April my top highlight of the 2010 season.
2) The Rise and Fall of Contador—The American press tried to make the 2010 Tour about the duel between Alberto Contador and Lance Armstrong, but Armstrong never had a chance, crashing out of contention early and then fumbling along to the finish. The real match was between Contador and Andy Schleck and that story served up all the drama and controversy of the very best Tours, with Contador standing on the top step in Paris to confirm his inheritance of the Armstrong/Indurain/Hinault/Merckx/Anquetil/Coppi legacy.
Oh, but then soaring so close to the sun, waxen wings melting in the bright light, Contador tests positive for Clenbuterol. And with this positive test, confirmed with a B sample reading, and hurled into judicial purgatory for the rest of the year, we see an abrupt end to the building legend, an end that tarnishes the futures of both the rider and the race.
3) Thor Hushovd’s World Championship—Coming off a World Championship year that saw 2009 winner Cadel Evans represent the rainbow jersey with grit, bravery and aplomb, the talismanic championship seemed open to sprinters and roleurs alike. In the end, the sprintingest roleur won the race, riding a smart tactical race with a short-handed team, only flexing his considerable muscle when it mattered most. Hushovd’s win was big for a hard-working rider, but also big for the jersey itself, as we are now almost guaranteed a second consecutive year of class from the world champ.
4) The First Biological Passport Suspensions—The UCI might have taken a more expeditious path to this stage of the fight against doping, but despite their missteps and the blundering press comments of president Pat McQuaid, the biological passport program finally produced some results in 2010. It remains to be seen how its parameters and administration will evolve as tools against cheaters, but with the first suspensions, we are finally seeing an adjunct program to in-race testing that seeks to catch the dopers who slip through the first net. Love it or hate it, the Passport must have dishonest riders worried that they’re running out of options, and that is, unquestionably, a good thing.
5) The SaxoBank Exodus/Luxembourg Project—It is hard for me to fathom how so many riders (and managers) whose careers were built and fostered by Bjarne Riis would be so willing to jump off the SaxoBank ship to join a fledgling team, regardless of the pedigree of its component parts. That Riis can be prickly, stubborn and aloof is beyond argument, but the mutiny of nearly his entire team is an outcome I never foresaw. Heap on top that insult, the injury of Contador’s doping problems, and it becomes very hard to argue that the Dane will land on his race-winning feet in 2011.
1) Cancellara’s Flanders/Roubaix Double—I have to echo Robot here. Not only were Cancellara’s back-to-back victories the wins of the year for me, I have to say that Cancellara’s attack on the Muur de Grammont—seated and spinning the 25 while Boonen looked to be standing on a 21—was absolutely the attack of the year for me. Both rides had me standing up and cheering.
That anyone would accuse the four-time time trial World Champion of using an electric motor is like asking about Kobe Bryant’s rocket boots he uses to get his jump shot. We should ignore the birthers. They’ll go away faster this way. We have real problems to contend with, as evidenced by number two.
2) The Contador Doping Case—From a standpoint of rules, I don’t see how Contador will escape a suspension due to his positive test for Clenbuterol. American rider Scott Moninger went to incredible lengths to demonstrate that what he tested positive for was as a result of supplements tainted by sloppy manufacturing. He purchased stock made in the same lot as the supplements he took and submitted sealed containers for testing. His defense was rigorously scientific … and he still got a one-year suspension due to strict liability. Contador’s defense has been far less methodical, which makes me far less sympathetic. His claims have, for me, smacked of the ‘dog ate my homework’ variety.
However, the bigger question on my mind has to do with testing for plasticizers. The detection of plasticizers in Contador’s sample suggests that officials may soon be able to prosecute riders more effectively for autologous blood transfusions. This seems to have been the preferred doping method for GC hopefuls for more than five years, but catching these riders has been less than successful. I don’t care who the rider is, if they’re transfusing, I want them caught and suspended as a result of a rigorously scientific prosecution.
3) The UCI’s Technical Criteria for Bike Approval—Bike companies have been screwed like an Ikea entertainment center by the UCI’s technical commission. Cinelli was nearly bankrupted due to the Spinacci fiasco. Their implementation of rules ahead of schedule sparked a seething rant from me that I ultimately deemed too angry to publish. I’m glad that a procedure to approve bicycles is in place. Unfortunately, the fee schedule to get a bike approved is expensive enough that some companies might think twice before submitting a design. Viewed within the larger expense of sponsoring a ProTeam team, it’s not so bad, but for companies that stretch to sponsor a Continental team, this could be a deal killer; after all, $12k is the cost of some riders. Leave it to the UCI to create a system that would scare bike companies from sponsoring a racing team. While this story will make more waves in 2011 than it did in 2010, that the criteria were decided and announced is huge. It’s an important step in the right direction.
4) The SaxoBank Exodus—Once Fabian Cancellara announced that he, too, would depart SaxoBank, I had a Sixth Sense moment. If you recall the Bruce Willis thriller, when you reach the end of the film and realize that he is the dead guy, you must reanalyze the entire picture—better yet, just watch it again. I began to wonder if all the praise riders had heaped upon Bjarne Riis was all Hollywood kiss-kiss, “Love ya, babe.” Presented with a viable option every rider worth anything jumped like passengers from the Titanic. It’s little surprise Richie Porte stayed behind; there’s nothing like watching the heirs apparent abdicate. ‘You say I’m king?! Cool!’
I can’t help but wonder what skeletons rattle in Riis’ closet.
5) The Fall of Lance Armstrong—Long before investigator Jeff Novitzky became interested in Tailwind Sports and Lance Armstrong, many cycling fans rebuked him like a banana republic reformer-cum-dictator. Allegations of doping swirled around him, proven sufficiently to some, while others simply saw the allegations as typical efforts to besmirch a hard-working athlete. Armstrong’s return to the Tour de France seems to have been more than disenfranchised Floyd Landis could bear. My read is that Landis believes he played by the same set of rules Armstrong did, won, and got a very different result. Forgetting for a moment how Landis has conducted himself (the most conclusive thing I can say is that some of his choices seem to have been based on fuzzy logic), it doesn’t seem hard to see how a man who has lost everything he worked for—wife, home, stepchild, a father-in-law, savings—decides he’ll burn the rest down. History is replete with examples of figures who refuse to go down alone, people who want others in the boat with them when the gunwales swamp.
Armstrong’s story has a lot of unfolding left to do. We knew the comeback would be a fresh chapter in the athlete’s career, but no one expected this turn. Novitzky’s reputation indicates that if he tires of his work as an investigator he could teach graduate seminars in tenacity. Armstrong is anything but convicted, but the allegations all point to a conclusion that will change the world’s opinion of him, and probably his foundation. The tragedy is that if he is convicted of charges associated with doping, most casual followers of cycling will think of Armstrong as a dirty athlete in a dirty sport and simply write off cycling as a force for good. Lost will be the story of an athlete who returned from the grave, played by the standard of the day and won the Tour de France … again and again and again and again and again and again.
And so we put the question to you: What were the biggest stories of the year in your eyes?
Image: John Pierce, Photosport International
When I woke this morning, the first thought I had was, “What other bad news will be revealed today?” I’m not one to experience ennui, but this morning, I didn’t have any energy to go for a ride, didn’t want to look at the news and really only wanted to hang out with my family and enjoy a leisurely morning.
None of those things happened, mostly because I did look at the news. For those who aren’t keeping score:
1) The Tour de France champion tested positive.
2) The president of the UCI denied that Contador was being investigated the day before he admitted the existence of said investigation.
3) The Vuelta’s second place and a teammate tested positive.
4) The home of Riccardo Ricco has been raided and unless Italian police don’t know what aspirin looks like, something suspicious was found in a cabinet belonging to a guy who has been convicted of doping once before.
5) Oscar Sevilla has tested positive yet again.
6) The sister of the winner of the Giro d’Italia isn’t permitted to attend sporting events because of her role in the distribution of doping products.
7) Ex-Oakley employee Stephanie McIlvain put her finger in the dike against the many accusations against Lance Armstrong.
8) Allen Lim told a grand jury that he wasn’t hired to help Floyd Landis dope.
9) Operacion Puerto is to be closed and all the evidence destroyed. The truth won’t out.
The only good news for a jingoistic Yank rests on the shoulders of the world’s third-most-popular Taylor (let’s not forget Swift and Lautner), a 20-year-old who we all must hope never comes to the attention of the Eugenics movement. (If you can breed dogs, you can breed people, right?) Taylor Phinney’s gold and bronze medals in the U23 World Championships aren’t news, they are simply confirmations of his talent. With two more years in that category at the world championships, he could wind up the most-medaled U23 rider in history.
Let’s cover this in reverse order: The blood bags are going to be destroyed and we’ll never know the true depth of Fuentes’ business, but it a way, it’s such old news suspending a rider now based on that case seems kind of irrelevant. What’s significant here is the lack of institutional will to get to the truth and clean up sport. This is going to haunt us like a drunken kiss at a New Year’s Eve party.
How often does a job description reflect the job as performed? Who hasn’t had additional had additional duties thrust upon them out of necessity. The subtext here is that Allen Lim may not have admitted all the ways that he assisted Landis. Lim told ESPN.com, “When I worked with Floyd, I repeatedly told him that he didn’t need to dope and should not dope, and I was absolutely not hired to help him to do so.” Okay, so you weren’t hired to help him dope … but did you? Landis may seem kinda desperate and crazy, but no one has suggested that he’s trying to slaughter innocents. Are we really to believe that Landis would screw saint? That doesn’t fit the bill.
Despite the existence of an audio tape made my Greg LeMond in which Stephanie McIlvain reveals that she did hear Armstrong admit to using performance-enhancing drugs, the former Oakley employee—whose husband is Oakley’s VP of sports marketing—testified to a grand jury that she had no knowledge of Armstrong’s use of drugs or that she heard him admit to using them during a meeting with doctors at which Frankie and Betsy Andreu were present and which they claim she was present as well. One wonders what other questions she was asked besides those two; presumably it shouldn’t take seven hours on the witness stand to say “no” twice. While McIlvain has certainly protected Oakley’s (and by extension, Armstrong’s) interests, investigator Jeff Novitzky has secured perjury convictions against athletes who lied to a grand jury.
Elisa Basso, sister of Giro winner Ivan Basso and wife of former pro Eddy Mazzoleni was snared along with her husband as part of Operazione Athena. Mazzoleni was given a suspended sentence for his role in the drug dealing, while Elisa received a ban that stopped just shy of saying she can’t watch sports on television. Not only can she not work for CONI or any of the national governing bodies for sport in Italy, she can’t attend the events or even enter a place frequented by athletes or their coaches. And competing herself? No chance.
Oscar Sevilla, who tested positive for the EPO masking agent hydroxyethyl starch (HES) has been allowed to return to racing until his B-sample analysis is returned. Technically, the product isn’t banned, but its only use is to mask doping and it can only be administered by transfusion, which itself, is not permitted. Sevilla told Cyclingnews.com, “Let’s say that justice is done because there is no reason to suspend me. There can be no direct doping case, as with a forbidden substance, since hydroxyethyl is not on the banned list.” Even weirder, he added, “I take all the steps and face the situation. Ideally, the B sample will be negative. But if not, then the cycling federation will meet to decide on my case.” Ideally? Methinks the rider protest too little.
Some 50-odd tablets of unknown composition were found by Italian police in a cabinet at the home of Riccardo Ricco. Naturally, Ricco—let us not forget Ricco’s previous suspension for CERA use—claims they are nothing elicit.
Ezequiel Mosquera—the darling of the 2010 Vuelta—and his teammate David Garcia have both tested positive for HES—the same stuff Sevilla tested positive for—a substance of use exclusively to cyclists trying to hide evidence of transfusions or EPO use. Hmm, every positive for HES happens to be with a Spanish cyclist. Coincidence?
Credit or blame (depending on your outlook) that we know anything about Alberto Contador’s positive test can be given to German journalist Hans Joachim Seppelt with the news organization ARD. He specializes in doping stories and learned of Contador’s positive (presumably from the Cologne lab that did the testing) before the UCI had announced anything. When he approached Pat McQuaid, the UCI president denied knowing anything, yet less than 24 hours later a press release was issued. Based on what we know of the case—that clenbuterol and traces of a plastic used in transfusion bags were found in Contador’s urine—there seems to be ample evidence that a suspension is in order while the case is adjudicated. The question is why two months passed since the end of the Tour de France and the public is just now finding out; even Contador knew of the test result in late August.
Of course, the big news of the week is how Alberto Contador not only tested positive at the Tour de France, but the UCI gave him time to prepare a defense. While Mosquera and Garcia found out about their positives through the media, Contador got the bro’ heads-up.
Add to this the just-announced positive of Margarita Fullana for EPO. Fullana would have us believe she only used EPO this year, in which she got virtually no results, and not in previous years when she was blowing by the competition like the Road Runner going by the Coyote. Totaled, we have four positive tests announced in less than a week. Curiously, all of them are by Spanish riders. This little detail seems to suggest that Spain has a bigger problem with doping on a cultural level than any other nation in cycling. While it’s impossible to say that there is a permissive attitude toward doping in Spain, that nation is the highest ranked in cycling according to the UCI with 1868 points, compared to Italy’s 1071 and Belgium’s 882—and that’s even after points were subtracted following Alejandro Valverde’s suspension.
According to a poll in the Spanish paper Marca 78.5 percent of the Spanish people believe that Alberto Contador is innocent of doping. But that figure isn’t quite right. Newspaper polls are notoriously unrepresentative of the actual population; it’s much safer to say that of cycling enthusiasts who read Marca 78.5 percent believe Contador is innocent. Theoretically, this group is better educated about doping and ought to feature a higher percentage who accept that it’s very likely Contador received a transfusion during the Tour de France. Given the number of American cycling enthusiasts who can’t even contemplate the possibility that Mr. Big Shot doped, maybe we shouldn’t be too surprised by this.
Based on last week’s news, I’ve drawn three conclusions:
1) Clenbuterol is the red herring in Contador’s doping case. There’s a reasonable argument to be made that Contador didn’t intend to dope using clenbuterol, as well as a reasonable argument that strict liability is an absurd standard by which to judge an athlete. However, the plasticizer present in Contador’s sample cannot occur from an unintended source. He got a transfusion and this, ladies and gentlemen, should not surprise us. This is how the game is played currently. I hate re-writing record books and results, but if we want a clean sport, chasing brilliant leads like this is how we’ll get there.
2) McQuaid is a bigger problem than I thought and the UCI needs to clean house. Of course, that’s like suggesting to a hoarder that what they should do is toss out the junk and sweep the floor. There’s a fundamental problem with the UCI’s mission. It is charged with governing the sport by overseeing the promotion of races. If the sport of cycling suffers as a result of poor race promotion, the responsibility is the UCI’s. However, it is also charged with disciplining athletes who dope. Punishing your biggest stars is a conflict of interest if ever there was one. Clearly, WADA should have jurisdiction over informing the riders of positive tests and disciplinary proceedings should be turned over to CAS. After all, if WADA was charged with disciplining the athletes they tested, there would never be another false positive or flawed administration of a test. They would bat 1.000 against riders, which is pretty much where things stand.
3) Something’s rotten in Spain. Again, it’s impossible to say where the root of the problem lies, but it strikes me as cultural on some level. Writing that troubles me. I’m not a bigoted guy, but we’ve seen statements from the head of the Spanish federation defending Valverde, an unwillingness by the Spanish judiciary to get to the bottom of Operation Puerto, Spanish cyclists testing positive at a rate far higher than cyclists from any other country. Of course, while it’s nice to have someone call out the Spanish federation, even if it is Pat McQuaid, what we need is a dog with some teeth to go after them.
And now Alberto Contador is threatening to quit the sport. Isn’t that like saying you hate the movies after being grounded? Seriously, though, has he read the Wikipedia entry on Jan Ullrich? Changing nationalities and retiring didn’t really end the scrutiny of his activities.
Lingering in the background of all this doping news is a thought I hadn’t been willing to articulate until now. The French are the only nation of cyclists incapable of producing a rider able to stand on the podium of their national tour. I’ve come to the conclusion that French cycling (ranked 14th among nations) sucks because they—more than any other cycling superpower—really took to heart the whole no doping thing. Remember, we haven’t seen a Frenchman on the podium of the Tour since the Festina Affair.
Image: John Pierce, Photosport International
The last ten days have surprised me for one unusual piece of news after another. I’m not normally one to write the grab-bag post, but because so many disparate pieces of news have elicited the same reaction in me, I figured the uniformity of my reaction is enough to include them in the same post.
I’ve followed discussions about rate of ascent (VAM) on Tour climbs with some interest. While I have found some of the numbers reported troubling, I haven’t been willing to place too much faith in those numbers because it’s hard to be certain of just where the climb starts and finishes are, which can throw off the math in the calculations. And even if you trust the calculations, I haven’t yet seen an argument connecting the dots in a way that lead to an inarguable conclusion that normal biology can’t produce a particular performance. That is, I hadn’t seen one until I read this post on the Science of Sport blog. It connects the dots in a very convincing way. Because we are getting more and more information about riders as they race, in the future it will be possible to look at a rider’s performance on a climb in a very objective manner and the math that Ross Tucker provides will help us sort the fiction from the clean.
Some folks I’d prefer would shut up, have been making headlines. On their own, they don’t merit posts, but Michael Ball and Rudy Pevenage both elicited a “You’re kidding.” from me but for entirely different reasons. One wonders why Pevenage decided it was time to admit his involvement in organizing Ullrich’s trips to Spain to see Dr. Eufemiano Fuentes now, yet more curious is why he thought he needed to tell us this little factoid. It’s not much of a confession as most everyone was satisfied that Ullrich was involved in Operacion Puerto; who served as travel agent is inconsequential, and Pevenage’s moral relativism—“It was normal”—isn’t washing.
Michael Ball, ex-pricey jean entrepreneur and director of Rock Racing—the only professional cycling team to model its organization after the Bad News Bears—was served with a search warrant. Presumably, the warrant is as a result of Floyd Landis’ confession, as it was filed by investigator Jeff Novitzky, who is remembered for bringing the house of BALCO down. If Novitzky smells smoke, there’s a conflagration.
Ball, who briefly employed Pevenage in 2008, congratulated Landis on coming clean, telling the New York Daily News: “Floyd is in a better place. Someone needed to come clean who was on the inside, who had lived it.”
However, what made my jaw drop was his crazy claim that, “I was in the sport for three years and I saw what went on. But not on my team, because I wouldn’t allow it.”
Really? I assume by “what went on” he means doping. Has he already forgotten about Tyler Hamilton’s positive test? If there’s one thing we’ve learned about doping it is that those closest to the riders sometimes do not know, so for Ball to suggest he knows something about the use of performance-enhancing drugs by pro riders he didn’t sponsor means that he thinks we’re dumber than he.
Speaking of Landis, his latest accusation, this one printed in the Wall Street Journal, is that he couldn’t get an extra bike to train on because Armstrong was busy selling bikes to—gasp—buy drugs. Here’s a newsflash: Teams have sold off bikes at the end of the season for ages. That Landis expects us to believe that just because he couldn’t account for the presence of 60 bikes it means they were sold to pay for doping. In addition to claiming that that Johan Bruyneel admitted the bike sales were paying for drugs, he has also claimed he paid for the drugs he took. Unridden team bikes won’t carry any sort of multiplier with collectors, so those bikes would have gone for roughly $5k apiece. The only bikes that carry any sort of multiplier would be those ridden by the team stars and having spoken with collectors, I can say Lance’s bikes weren’t going for $20k, even with the aid of photographic provenance. Even if the accusation is proven true, it really adds nothing significant to his story, which makes us wonder why he’s talking.
Speaking of bike sales, a week ago Campagnolo announced it would begin offering industry deals to verified industry employees. For those of you who have never worked in the industry, I can tell you this is the single most surprising piece of news in this post. As a shop employee I remember checking with multiple distributors to see who had the best prices on Campy any time I needed—er—wanted to purchase new gear. The difference in price between different distributors could mean saving as much as five percent which was what passed for a discount for us wrenches. It has been my understanding that Campy USA wanted to do this for ages, but Italy finally listened and came to appreciate that having shop staff riding their components could make a difference in how often they wind up on a custom build. Bravo to Campy.
And while I’m still mystified that anyone would try to defend Mark Renshaw head-butting Julian Dean and then shutting the door hard on Tyler Farrar, we’ve continued to get other head-scratching moments every day at the Tour de France. Take Alexander Vinokourov. Let’s be honest; he has a reputation for being a rogue rider, which is why his declaration that he would dedicate his effort to supporting Astana team leader, Alberto Contador was met with at least a bit of skepticism.
So what does Vino do? He goes off on a breakaway in the final kilometers of the climb to Mende. Let’s be clear, if you’re sole mission is to support your team leader, then you’re not heading out for stage wins—that’s a big, big effort and burns more than a few matches. But once gone, why not give the guy some rope, right? But Contador chases down Joaquin Rodriguez, and then proceeds to take a very strong pull.
As I’d been saying all week, I couldn’t stifle myself from saying, “Really?”
Was Contador teaching Vinokourov a lesson? Or was he really that nervous about Andy Schleck that he felt compelled to gain every second he could? It’s fair to wonder if Rodriguez had enough gas on his own to catch Vinokourov. At the point Contador began his chase of Rodriguez he knew that he couldn’t gain all that much time, certainly not enough to gain the yellow jersey. While Vinokourov has never been my favorite rider, but Contador managed to make me feel some sympathy for the win he was denied.
Just when I thought things couldn’t get weirder, Vinokourov takes off on yet another flyer. And fortunately for his efforts, he got the win in Revel. However, after taking breakaways two days in a row, does anyone—John Lelangue especially—think that Vinokourov will really have the gas necessary to work for Contador through the Pyrenees?
If he does have the reserves to provide support to Contador, it will be an impressive piece of riding. Impressive, and for this writer, suspicious. If he doesn’t, then his pledge to support Contador will have been proven to be BS, and Contador’s chase will be hard to criticize.
Image: John Pierce, Photosport International
What a difference four years makes. Had Floyd Landis woken up on July 28, 2006, and called a press conference to announce to the world all the things he detailed in his e-mail to USA Cycling’s Steve Johnson, we might have hailed him as a sort of fallen hero.
An Icarus of the pedals.
As fate would have it, Landis’ non-negative result for was synthetic testosterone, essentially the one drug he claims, now, not to have taken in 2006. So he believed what almost anyone else would have believed—that he could beat the rap.
He didn’t count on a few details. First, he didn’t count on the Machiavellian nature of USADA, which pursued the case with a ‘win at all cost’ mentality. As I wrote in my BKW post “At All Cost,” had this case been tried in the American judicial system, Landis would have won the case because the lab performing the work did such a lousy job. However, USADA’s zero-tolerance policy toward doping also happens to be a zero-loss policy as well, and clearly Landis didn’t understand that actual innocence didn’t matter.
He also didn’t count on the details of a phone conversation he had with Greg LeMond would become public. LeMond’s recounting of the conversation will seem entirely more believable for anyone who previously doubted his testimony. Four years hence, one wonders if Landis comes up with a different answer to the rhetorical question he put to LeMond when urged to confess. He asked, “What would it matter?”
While we don’t know the exact details of what Landis confessed to Johnson and the UCI, we have the substance in broad strokes.
1) He did drugs, lots of them, beginning in 2002.
2) Lance Armstrong did more drugs and told him who to work with.
3) George Hincapie did all the same drugs.
4) Former roommate David Zabriskie did drugs.
5) Levi Leipheimer did drugs.
6) He has no proof.
7) Those closest to him didn’t know what he was up to.
8) He confessed to his mom.
We should note that Landis has only implicated American riders. One wonders why he has implicated only Americans. Could his full and complete confession be leaving something out?
After four years of his strenuous denial and seven-figure defense that was, in part, paid for by fans who believed his innocent plea, for him to come out now and say, ‘Okay, now I’m telling the truth,’ credulity strains. UCI President Pat McQuaid said Landis’ statements were “scandalous and mischievous.”
Even if we believe everything his says lock-stock-and-barrel, in this case, his truth-telling comes a little late. As a means to restore respect and reputation, his confession is a failure. Still, that doesn’t mean we shouldn’t listen. On this point, McQuaid has it wrong.
“These guys coming out now with things like this from the past is only damaging the sport,” McQuaid told The Associated Press. “If they’ve any love for the sport they wouldn’t do it.”
Come again? We don’t want dopers to confess? Please tell us you’re kidding.
I’ve heard from several sources that Landis has been drinking heavily, heavily enough to affect his fitness and relationships. It’s a tragic turn of events given what he has already experienced. It’s easy to connect the drinking with the events he says he is now confessing, the truth he needs to get off his chest. In 12-Step programs, you are directed to confess your wrongs, but there follows quickly one caveat: except when to do so would hurt others.
Which brings us to the meat of his confession. Most of what he has confessed involves others. To clear his conscience, he need only to confess his own deeds. Whatever motivation he has to tell what he says Armstrong, Hincapie, Leipheimer and Zabriskie have done, it isn’t his conscience; it sounds more like retribution—‘If my ship is going down, I’m taking yours with me.’
Backing this up is the fact that Landis pointed out the eight-year statute of limitations, which is due to run out on some of the alleged acts, as a motivating factor to come forward.
“Now we’ve come to the point where the statute of limitations on the things I know is going to run out or start to run out next month,” Landis said. “If I don’t say something now, then it’s pointless to ever say it.”
He wants cases opened into the acts of Armstrong, Hincapie, Leipheimer and Zabriskie while there’s still time, which means his confession is less about his acts than the acts of others. He wants to see others punished.
But he says he has no proof. Naturally, Armstrong, Hincapie, Leipheimer and Zabriskie will have to defend themselves and because Landis detailed them in e-mails, meaning they were written, not spoken, they rise from slander to libel. Because these are public figures, the odds are against any of them meeting with success in a court room following a civil suit.
Landis may have a tougher time defending himself than they do.
Federal investigator Jeff Novitzky, the man who headed the investigation into Victory Conte and the Bay Area Laboratory Co-Operative (BALCO) is one of the investigators involved in checking out Landis’ claims.
One of the first questions Novitzky and other investigators will have for Lanids will be who his sources were. Where did he buy his stuff? His suppliers may have sales records. If they have sales records that can substantiate his claim that he was a customer, then it is also possible they would have sales records detailing their relationship with other clients, and it’s a safe bet that if it is true Landis was taking his cues from others, then he was probably shopping at the same market, so-to-speak.
Armstrong has pulled out of the Tour of California following what sounds like a minor crash. Cynics will probably surmise that it was a strategic decision to avoid media scrutiny.
And what of Landis’ actual confession? That is, what of what he claims he did? These would be new infractions worthy of their own case. While I have advocated a truth and reconciliation commission to encourage athletes to come forward and tell what they know, this case is ugly and really perverts the way you hope justice will work.
Should Landis get a slap on the wrist in exchange for his cooperation? Or should he get the proverbial book thrown at him yet again? It may be that he has already come to the conclusion that his return to the pro ranks won’t be what he had hoped and that he is ready to depart.
If that’s the case, then his confession is 200-proof revenge.
This case may well make it to a grand jury, which will be much more likely to result in actual justice than any action USADA takes. Getting at the real truth should be the goal, rather than just handing out punishment.
But what of Landis’ original case? He was within his right to defend himself and we should never forget that. However, his defense built a sham identity that wasn’t enough to escape conviction. Hopefully, that will be a sobering thought to the new generation of dopers, a la Bernard Kohl and Riccardo Ricco. However, Landis’ defense turned into the most costly prosecution ever for USADA. In mounting such an expansive defense he cheated not just those who contributed to the Floyd Fairness Fund, but all those of us who follow cycling and depend on the anti-doping authorities to uncover and prosecute doping. One wonders who escaped prosecution because USADA was mired in a more than year-long case with Landis.
I have often thought that there will come a day where we look back on the EPO era with different eyes. We should never condone doping, but there may come a point when we understand that during the time when EPO use was rampant, there were no heroes and very, very few villains, that these men were flawed, like all of us, and a product of their time.
Image: John Pierce, Photosport International