Journalist Paul Kimmage has filed a criminal complaint against the UCI for defamation, slander and fraud.
That’s worth repeating: Paul Kimmage is suing the UCI.
This would be where Wayne and Garth are supposed to say, “Yeah, and monkeys might fly out of my butt.”
Lo, see the winged orangutans!
Even though UCI President Pat McQuaid and his predecessor Hein Verbruggen have always been as fast and easy with insults as the Real Housewives of Orange County are, as recently as a year ago, a defamation suit would have seemed impossible, like unicorn impossible. Of course, Kimmage isn’t suing the UCI because they hurt his feelings. The papers filed on his behalf by Swiss attorney Cédric Aguet cite both slander and defamation, but that’s not what makes the suit earth-shaking. It goes on to include a criminal complaint that there are “strong suspicions of fraud.”
It’s the fraud charge that causes Kimmage’s suit to step beyond what might be merely a civil case and into something with serious teeth. Criminal. Capital C. Jail time. Should the prosecutor the case has been referred to pick it up one can expect a bunch of subpoenas.
If there’s one thing we’ve learned through this process it’s that we aren’t willing to believe the truth until someone gives sworn testimony. Richard Virenque was clean until he was confronted by a prosecutor in court. We’d never have learned Tyler Hamilton’s full story without a subpoena. The eyewitnesses who were Lance Armstrong’s undoing? Betsy Andreu, Emma O’Reilly, Tyler Hamilton—their stories were mostly ignored until they became sworn testimony attached to the USADA investigation, which, it’s worth noting, was the second time around for Betsy Andreu. Sure Stephanie McIlvain lied on the stand, but she’s maybe the best demonstration of just how important the moral courage of people like Andreu, O’Reilly and yes, even Hamilton were to the process.
It’s why Kimmage suing the UCI for fraud is the best shot we have of finding witnesses who can tell just what happened in Aigle. But we’re going to need more, better, witnesses than the likes of Julian Devries. You may recall that Devries told Kathy LeMond that Nike paid Verbruggen—not the UCI—$500,000 back in 2001 to make Armstrong’s 1999 positive for corticosteroids go Jimmy Hoffa. While I believe LeMond, this case needs a witness closer to the action than Devries.
When Floyd Landis first started spouting off about the corruption within the UCI his charges were long on vitriol and short on specifics. Sure, he was making charges, but he wasn’t doing a lot to tell us how he knew what he knew and what facts he’d seen to support his assertions. After all, the difference between saying “the UCI is corrupt” and “I saw a check for $500,000 drawn on Nike’s checking account and made out to Hein Verbruggen” is the difference between saying “guns can kill” and watching someone shoot your mother.
As important as the testimony from each of the eyewitnesses has been, we would not be in this position without a couple of crucial acts by Mr. Armstrong. There’s a strong causal link between Armstrong’s refusal to give Landis as spot on the RadioShack team and his downfall. That simple act of charity, something alleged to have been suggested to Armstrong by a few different people, would have reinvigorated Landis’ career and life. Could Armstrong have found room in his heart to mend a fence with Landis, there would never have been that legendary tete-a-tete with USADA. And had Landis never met with Jeff Novitzky and Travis Tygart, Tyler Hamilton would never have been deposed. Hamilton was as crucial a witness as USADA ever found. It’s safe to say that if Armstrong hadn’t dropped a dime on him (this is a charge alleged by Landis that I believe to be true), Hamilton’s career would have run its course, with him winning some more big races before sailing off into retirement with us none the wiser.
A portion of Armstrong’s downfall must be attributed to his Machiavellian ruthlessness. Ironic, eh?
In interviews with the media, many witnesses in the USADA investigation made a similar, if crucial, statement: They didn’t want to be talking to investigators, they didn’t want to be on the stand. Some of the riders snared in the investigation have been slagged doing what seemed obvious: telling the truth. Despite what some think, the testimony they gave wasn’t obvious or easy, and while some cycling fans still wonder just how much of what they told was the truth, there are a few details worth noting. First, the riders did have options. They could easily have lied. McIlvain certainly did, despite contradictory eyewitness testimony. Second, they could have remained silent per the Fifth Amendment. While we don’t know for sure, it seems likely that George Hincapie, Levi Leipheimer, Christian Vande Velde and the others were given immunity in exchange for their testimony. Any indication that they had lied to investigators would have nullified the agreement and opened them up to prosecution. Given the sheer number of witnesses, lying to investigators would have been a pretty significant risk, for a rider who lied would be facing charges for both doping and perjury.
A recent piece published by The New York Times pointed to Kayle Leogrande as the catalyst that set the investigation in motion that led to Armstrong’s downfall. The Times rarely ever gets the story wrong, but this is one of those occasions when they did. In calling him “pivotal” to the investigation, Ian Lovett missed the event that deserves remembering.
Lance Armstrong would still be (as he’s been called, occasionally ironically) “the cancer Jesus,” were it not for the efforts of Suzanne Sonye. Sonye is a former professional rider for the Saturn team who worked as a soigneur for Michael Ball’s Rock Racing squad. It was Sonye Leogrande confided in when he feared he was going to test positive following a urine test. Sonye then did the unheard-of: She reported Leogrande’s doping of her own volition.
In a recent phone interview Sonye said, “When he told me [that he might test positive] it was number one, ‘Oh my God! He’s dirty!’ and number two, ‘He can’t race.’ I knew he was going to race the national championships and this was something that was definitely going to affect his performance.
“I couldn’t live with myself if I let this go. It made me sick to my stomach. It was wrong on so many levels I couldn’t let it go.”
Sonye reported him to team management, including Ball.
“When I realized Michael Ball wasn’t going to do anything, I knew I needed to call USADA. I had to call USADA twice. The first time they didn’t respond. The second time I said I had first-hand information about a doping violation. I thought Michael Ball would do the right thing; so did Frankie [Andreu, then the team director], but he didn’t. To his credit, Travis Tygart called me back right away.
“At first I couldn’t decide if I would do it anonymously … it was hard to do because I liked Kayle, but I couldn’t not do it.
What makes Sonye unique among everyone in the Armstrong debacle is that she took action for no other reason than it was the right thing to do. She wasn’t compelled by a subpoena or enticed by an outside entity (such as a newspaper or magazine). She had nothing to gain; self-interest was a motivation that would have steered her away from reporting Leogrande.
For Sonye, the choice was as simple as it was unavoidable.
“I was on the number-one cycling team in the world and I didn’t choose to put a needle in my arm.”
Leogrande would go on to sue Sonye for defamation, and while he lost the suit (and wound up having to pay her legal bills because the lawsuit was deemed a SLAPP), the stress it put her through upended her life.
“I’d been on antidepressants and they were awful for me. I had a nervous breakdown. I went to the hospital for five days. My doctor took me off everything, then I was switched to a really low dose of a mood stabilizer for four or five months. When I came out, I was beaten. I thought, ‘I can’t beat this.’ Eventually I realized, ‘Fuck that, this guy is going down.’ It took two years.
“The mental stress I went through I can never get back. The drain on me, what it took from my life, was enormous.”
The debt cycling owes Sonye for being honest, for acting on her conscience, can never be repaid; there’s no way to make that suffering go away. The least we can do is recognize her for being the person without which Lance Armstrong would be competing as a professional triathlete.
Image: Danny Munson, Cycling Illustrated
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