gjdavis60 said:
I don't really see the angle where there could be prosecution for fraud. I'm not a legal scholar, but don't you have to prove deliberate deceit and material damages to have criminal fraud? How was the USPS damaged materially by Tailwind? Did they not receive the promotion for which they contracted?
In an investigation led by the FDA, I would expect the focus to be on activities related to their jurisdiction: illegal distribution of prescription drugs, or perhaps lower-level controlled substances like steroids. Now, in the course of the investigation, it would not surprise me if other crimes were discovered or even committed: cover-ups, conspiracy, bribery, extortion, racketeering, tax evasion, and perjury could all emerge in the course of this investigation, which would provide additional evidence to broaden and extend the investigation. Given the ignorance and arrogance prevalent within the sport, nothing would surprise me.
It is pretty simple:
Tailwind conspired to take money under false pretense to promote USPS.
They more than likely had a provision in their contract stating that the would not break the law or the rules of their sport in undertaking the promotion of USPS. In fact, there are Federal contracting guidelines that require inclusion of this type of provision for anyone contracting with the govt., it is standard language.
They used organized doping (illegal by law, and in the rule of the sport) to assist in achieving results, thereby promoting USPS.
They surely concealed this lawbreaking behavior and information from the Govt., for had the Govt. known, they would have cancelled the contract for breach.
Tailwind endeavored to perform this deception repeatedly, over a pattern of years, within an organized enterprise with clear structure, as well as clear beneficiaries of the deception. They knowingly made fraudulent claims that the work they were doing was above board.
USPS continued to pay against the contract, as they believed there was no law breaking/rule breaking going on.
The damage is occurring now. The fraud is being revealed. The USPS cannot b happy to finally come to understand that the wins were not genuine, in the sense that they were obtained legally and within the rules of the sport.
Playing the logic game, that "they did what everyone was doing", or , "the USPS got what they wanted", or some other non-sense, is not valid thought.
TO the extent it matches with the necessary items to qualify for RICO, better do some homework, as this fraud scheme EXCEEDS what is generally accepted or necessary to be taken as RICO. As a matter of preference and authority, the prosecutor can take this in several directions. I am simply saying that should Miller choose, he has all the criteria to make it RICO.
So, as said before, it is a grim outlook for the Tailwind crew and Lance.
Very grim.