Germany threaten jail for athletes under new doping law

Page 3 - Get up to date with the latest news, scores & standings from the Cycling News Community.
Nov 2, 2013
121
0
0
Pro Athletes in any sport are business(wo)men. They sign a contract with their sports federation and are required to follow the rules of their sport, which for WADA adopted sports, includes abiding by the WADA code. Those who dope and break these rules are engaging in unfair trade and harming the business interests of those abiding by the contract they signed with their sports federations.

Doping is not allowed in cycling and if a doper says they are pedaling dope free they misrepresent their product and directly harm those who race clean. Is that not fraud?

In other industries businessmen have legal protections, why not for all 'organic' (clean) athletes.

"In April 2012, Harold Chase of Springfield, Ore., was sent to prison for more than two years after he pleaded guilty to wire fraud for selling in excess of four million pounds of corn falsely labelled as organically grown.

Chase is one of three people the USDA helped put in jail in the last few years.

“The penalties send the message that you can't get away with defrauding the organic consumer,” McEvoy said.

http://www.cbc.ca/news/canada/manitoba/pesticide-levels-on-some-organic-produce-indicate-use-was-deliberate-1.2491167
 
westerner said:
Doping is not allowed in cycling and if a doper says they are pedaling dope free they misrepresent their product and directly harm those who race clean. Is that not fraud?

In other industries businessmen have legal protections, why not for all 'organic' (clean) athletes.
Because the IOC works very hard to keep sports out of judicial and law enforcement systems. They want the freedom to create a show with doped athletes and none of the potential consequences. They do a very clever job of it.

http://www.reuters.com/article/2014/11/03/us-olympics-autonomy-idUSKBN0IN0UC20141103
 
Jul 11, 2013
3,375
0
0
Bluenote said:
I think this is the central element. Criminalizing 'doping' (including blood doping,) gives authorities more investigative powers.

Used properly, authorities could leverage it to get 'little fish' (riders) to inform on 'big fish' (Doctors, distributors). Under that scenario, riders could get plea deals - fines, probation. And there'd be clear laws to prosecute Doctors, etc...
I agree with this, however one could also argue why government ressources should be allocated to solve a hundred year old seemingly unsolvable problem. Meanwhile criminals in other areas walk due to lack of ressources.
But then again, to use my former analogy matchfixing is punishable way beyond this potential 3-year proposal. So why should fradulents in sports be treated that differently.

In 2004, would Hamilton have flipped on Fuentes, if Hamilton was threaten with jail time?
He might have, as he has said it was the moment he had the choice between telling the truth and going to jail that he was no longer in doubt what to do...
However years of operating in this fraud had taken his toll and he was more likely to break and tell the truth because of that. The omerta is strong but when you are hauled in a room and told you could go to jail, then I think more people would be inclined to talk. And not just talk of their own wrongdoings but also expose the network. Going to jail is a bit more than taking a 2-year ban for the team...
However some could also be bribed ot threatened to silence so that is something one has to take into consideration as it could result in more problems.

Used improperly, a few star riders would be scapegoated and punished harshly. But the 'big fish,' would remain untouched.
I guess this is the cardinal point.. You could take a look at how it works in Italy and France.. I'am not up to speed on how they administer these laws in praxis, therefore it is something that should be looked further into. In this moment I can't think of many uncovered (fra/ita) fraudelents or people behind them being sanctioned by these laws.
So do they work, and how do they work..

I don't think laws work as a good deterent to doping. Hamilton and Millar admit to being frightened of France's anti-doping laws, but still doping anyhow.
I guess it also comes down to the risk of getting in a bad situation.
You might be frighened by the laws, but if the risk of getting caught is low and the awards of doping are high, then you might at least for a time ignore the serious threat that jail afterall is.. I laso think there is an element of the risk "sinking in" and being widespread.. If the laws where identical acroos boarders and have existed for some time, then the perception of the potential doper could be different..
 
Jul 11, 2013
3,375
0
0
An article arguing against the law here:
https://sports.vice.com/article/germanys-absurd-new-ped-law-and-why-it-wont-fix-anything
subtract
"From a logic standpoint," Dr. Yesalis said, "I don't follow. If they really believe that they're attempting to preserve the purity of sport, it never existed in the first place, if you read the history of sport. I'm kind of bewildered." Indeed, when it comes to cleaning up sport, this new German law will be just as ineffective as the myriad laws, tests and sanctions that have preceded it. The threat of incarceration has never made prohibition more effective. It merely creates a lucrative black market and incentives to hide drug use, all while making the personal lives of athletes and those around them part of state police business.
 
Jul 11, 2013
3,375
0
0
INADO update here:
http://inado.org/uploads/3/1/2/9/3129436/inado_update_54.pdf

The proposed law is not without controversy. While in favour of the proposed law, WADA’s President Sir Craig Reedie has voiced reservations about the possibility of athletes being “criminalised”:
I thought he was against the law :confused:

NADA Germany’s Statement on Proposed German Anti-Doping Law
NADA Germany clearly is in favor of the new anti-doping law. The anti-doping work in Germany will be strengthened through this law. From NADA’s perspective this is an important step towards clean sport. It also underlines the zero-tolerance policy of Germany in this regard.

The proposed anti-doping law constitutes a fortification of NADA’s authorities andcompetencies. The law covers the national testing programme including all testing pools, [but not] recreational athletes. All test pool athletes – about 7000 athletes in 2014 – and those who make a living from sports [who “generate significant revenues” from sport] come under the law
and can be prosecuted for violations.
Also foreign athletes who are caught doping while competing in Germany come under the anti-doping law.
In addition, the exchange of information between NADA Germany and German law enforcement authorities will be strengthened through the anti-doping law. This is a milestone for Intelligence & Investigations in Germany. At the same time the law reinforces the data protection and the sport jurisdiction in Germany. In NADA’s view this is an important step. There shall not be either/or but an effective coexistence of sport law enforcement and criminal prosecution of anti-doping violations.
 

ASK THE COMMUNITY