Kreuziger going down?

[Race Radio]

Cookson, speaking at the launch of the 2015 Tour de France route, told Cyclingnews that, “the matter is in the hands of lawyers and we’ll take legal advice on that. I fully expect that we’ll be appealing the case and within the time limits.”

Will be interesting to see if this means we finally get a look at the evidence as Czech decision was ridiculously vague

 

[Benotti69]

Tinkoff needs to make the brown envelope bigger and thicker..........

 

[Dazed and Confused]

Kreuziger's money.

Lawyers will be happy.

End result: 2 year ban.

 

[DirtyWorks]

Will be interesting to see if this means we finally get a look at the evidence as Czech decision was ridiculously vague

The link: http://www.cyclingnews.com/news/uci-set-to-appeal-kreuzigers-biological-passport-verdict

I still want to know why they are so determined to sanction Roman. What has he done to draw the ire of the UCI? It's still a risky case too as Kreuziger has the money to fight hard.

 

[del1962]

Because if they don't it sends the wrong message to national anti-doping agencies that are happy to save their own riders skins.

 

[thehog]

The link: http://www.cyclingnews.com/news/uci-set-to-appeal-kreuzigers-biological-passport-verdict

I still want to know why they are so determined to sanction Roman. What has he done to draw the ire of the UCI? It's still a risky case too as Kreuziger has the money to fight hard.

Money is not of real relevance here but agree "why" is a good question. I think this is much about trying to preserve the passport as it is about Roman.

The problem they have is the UCI "expert" reports referred to studies for one week stage races. RKs was based on the 3rd week. The other issue is the thyroid issue was reported to Astana prior to signing him. That with his collapse in the Giro to dehydration the UCI are walking a tightrope with this one.

He may have been doping but the evidence is not so strong on this one.

In saying all that, CAS is stacked so I don't imagine Roman stands much of a chance.

 

[glassmoon]

Money is not of real relevance here but agree "why" is a good question. I think this is much about trying to preserve the passport as it is about Roman.

The problem they have is the UCI "expert" reports referred to studies for one week stage races. RKs was based on the 3rd week. The other issue is the thyroid issue was reported to Astana prior to signing him. That with his collapse in the Giro to dehydration the UCI are walking a tightrope with this one.

He may have been doping but the evidence is not so strong on this one.

In saying all that, CAS is stacked so I don't imagine Roman stands much of a chance.

i also think this is partly about the passport (and it's credibility) itself. but i also thik RK was not clean at that time (and neither was later).

 

[thehog]

i also think this is partly about the passport (and it's credibility) itself. but i also thik RK was not clean at that time (and neither was later).

Agreed, Cookson, judging by his comments, is hanging the reputation of the passport on this specific case.

Sadly whether a rider is clean or not is not what the anti-doping process considers. ie Froome was clearly enhanced with his TUE compared to Agostino banned for 2 years with 0.00002 grams of a supplement.

 

[DirtyWorks]

Because if they don't it sends the wrong message to national anti-doping agencies that are happy to save their own riders skins.

Sigh....The NADO's have no authority.

The case passes to a NADO from the sports federation. The NADO processes the sanction based on the national federation's rules as granted by the national federation.

I get that IOC sports take every opportunity to confuse viewers, but the NADO has no authority. The system is designed to let athletes off, except when the UCI doesn't want it to end like that.

 

[DirtyWorks]

i also think this is partly about the passport (and it's credibility) itself. but i also thik RK was not clean at that time (and neither was later).

The passport system has no credibility as it is operated. Based on Parisotto and Ashenden's comments I'm confident the technical system works very well. It seems to be used as a way to exert control over various actors in cycling.

We have every indication there are a very large number of riders testing positive with no sanctions started.

 

[Race Radio]

The passport system has no credibility as it is operated. Based on Parisotto and Ashenden's comments I'm confident the technical system works very well. It seems to be used as a way to exert control over various actors in cycling.

We have every indication there are a very large number of riders testing positive with no sanctions started.

Which would indicate that RK's number would have to be pretty crazy to make it past two review boards and two passes through the software. Hopefully this appeal to CAS gives the public a view at how crazy his numbers were as currently we have nothing

 

[mrhender]

Kreuziger's lawyer claims blood samples were not stored correctly

http://www.cyclingnews.com/news/kreuzigers-lawyer-claims-blood-samples-were-not-stored-correctly

Subtract:

Passport anomalies coincided with hypothyroidism treatment, says Czech

Roman Kreuziger’s lawyer has claimed that some of the blood samples that triggered his Biological Passport case were not stored correctly during transit to testing laboratories. He also reiterated the claim that treatment for an under-active thyroid gland may have contributed to the Czech rider’s suspect blood values.

In a statement released on Tuesday morning, Kreuziger’s legal representative Dr. Jan Stovicek insisted that “the Expert Panel of the Cycling Anti-Doping Foundation (CADF) decided on the alleged guilt of Roman Kreuziger on the basis of incomplete and insufficient information.”

In particular, Stovicek claimed that “two-thirds of the blood samples used as a basis for the decision making process were not during transportation to the laboratory demonstrably kept in conditions conforming to WADA regulations and may therefore have deteriorated.” Stovicek claims that some samples were stored at too high a temperature, while others were not logged correctly.

EDIT: Re the thyroid issues:

During his hearing before the Czech Olympic Committee last month, Kreuziger revealed that he had undergone treatment for an under-active thyroid in 2011 and 2012. He was treated with the substitute hormone L-Thyroxine. Such treatment for hypothyroidism has itself been the source of some debate in athletics, but L-Thyroxine is not on the WADA banned list and does not require a therapeutic use exemption.

“Roman Kreuziger has since 2003 suffered from hypothyroidism (insufficient function of the thyroid gland), and a worsening of this condition required the use of high doses of a substitute hormone L-Thyroxine precisely in the years in which the suspicion of misconduct arose (2011 and 2012), which was unknown to the panel,” Stovicek said.

In an open letter to the CADF panel, Stovicek claimed that the spikes in Kreuziger’s reticulocyte count on his biological passport in 2011 coincided with his highest doses of L-Thyroxine. “The CADF Panel […] did not take into account fundamental work in the area of endocrinology, which is very important for this case,” he said.

 

[mrhender]

http://www.cyclingnews.com/news/kreuzigers-lawyer-claims-blood-samples-were-not-stored-correctly

During his hearing before the Czech Olympic Committee last month, Kreuziger revealed that he had undergone treatment for an under-active thyroid in 2011 and 2012. He was treated with the substitute hormone L-Thyroxine. Such treatment for hypothyroidism has itself been the source of some debate in athletics, but L-Thyroxine is not on the WADA banned list and does not require a therapeutic use exemption.

Now that we have learned that his thyroid issues are from 2003 an onwards I'am going to re-post the below from a while back which is my speculation re: the thyroid issue.
---------------------------------------------------------------

Actually,thyroid problem and treatment with L-thyroxine as an explanation is mentioned already in De Boer's opinion dated 25/8/2013. Only after UCI rejected this explanation,Hampton presented additional supporting opinion.

I think I recently read somewhere that Kreuziger alegdelly had the Thyroid issues since young, can't remember where, and have no link. Maybe someone else does..? (EDIT: now we have the link)

But if true Something springs to mind with this thyroid problem.

Bertagnolli named Kreuziger in the LA case.
http://www.podiumcafe.com/2012/10/12/3493598/bertagnolli-speaks-in-english

I (Bertagnolli) have suffered from a thyroid problem from 1997, when I was still a boy and what I was an amateur cyclist...............
At the end of 2006 when I had thyroid troubles I thought to go back to Dr Ferrari to resolve the problems that were coming from my thyroid dysfunction. I asked the Liquigas personnel (Amadio, Corsetti) for permission to visit Ferrari to take care of my problems, and no-one opposed my decision
I know that many of my colleagues from Liquigas went to Ferrari because we spoke of it among ourselves, and the team itself was aware: Pellizzotti, Kreuziger, Gasparotto, Chicchi.

So apparently Bertagnolli first and foremost went to Ferrari in 2006 to get help with this thyroid issue.
Around the same time Kreuziger arrived at Liquigas.

Regarding the Dr. Ferrari link Kreuziger said the following back in may 2013:
http://www.cyclingnews.com/news/kreuziger-apparently-facing-no-sanctions-for-ferrari-confession

“I cannot remember the exact dates, but he was my coach for little more than a year, from autumn 2006 to winter 2007,” Kreuziger told sporten.dk. “When I started working with him, I was 20 years old. It was my first year as a professional, and at the time I was convinced that he was one of the best coaches in the world. That's why I contacted him then.

Coaches, not doctors...
Furthermore:

But I would also like to make it clear that there never was doping involved in our relationship. I received only guidance from him. He helped me with workouts and did some tests on me.”

So the thing is, why not (in may 2013) mention the thyroid problem as a decisive factor for seeing Dr. Ferrari? Especially since he would obviously had been referred for the same reason from Bartagnelli...
That may have been an even more plausible explanation to the visits...

Does anyone know if he has backed up the Thyroid claims with numbers, dr. reports? Or can't he because those are from Ferrari..
Or maybe it is a made up explanation of course..

I just find the coincidence of the two and the timeline a bit odd (suspicious)...
Maybe someone here has knowledge of this?

 

[Race Radio]

Now that RK's case is going in front of a real court it appears he is trying bolster his defense. He has an uphill challenge if he intends on using the storage and transport defense as this has been used by almost all of the riders who have contested a ABP case and it has consistently failed.

It is unfortunate the Czech Olympic Committee was so vague about the evidence, hopefully CAS will change this. Thyroid issues and therapy are clearly increasingly common in sports. If RK has a legit defense it could effect many athletes in multiple sports.

CAS has a small announcement on the case.
http://www.tas-cas.org/en/infogenerales.asp/4-3-7842-1092-4-1-1/5-0-1092-15-1-1/

sanctioning Mr Kreuziger with a period of ineligibility of between 2 and 4 years. It further requests the disqualification of all competition results achieved from March 2011 until the commencement of the period of ineligibility as well as payment of a fine of EUR 770,000 and costs.

That is a lot of money

 

[Netserk]

How would it be possible to give him more than 2 years?

 

[Dazed and Confused]

How would it be possible to give him more than 2 years?

Why not?
Blood manipulation is pretty serious.

 

[Netserk]

Why not?
Blood manipulation is pretty serious.

So? Otherwise you could just as well give him a lifeban... I'm talking about the rules.

It's a first time offence and it's the 2014 Code and not the '15 that is in effect in this case. Or am I missing something?

See rule 293 on page 54 http://www.uci.ch/mm/Document/News/Rulesandregulation/16/26/70/14ant-E_English.PDF

Rule 305:

 

[Race Radio]

So? Otherwise you could just as well give him a lifeban... I'm talking about the rules.

It's a first time offence and it's the 2014 Code and not the '15 that is in effect in this case. Or am I missing something?

Aggravated circumstances are more then just trafficking.

10.6 of the WADA code

as part of a doping plan or scheme, either individually or involving a conspiracy or common enterprise to commit anti-doping rule violations

Used or Possessed multiple Prohibited Substances or Prohibited Methods or Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions

a normal individual would be likely to enjoy the performance-enhancing effects of the anti-doping rule violation(s) beyond the otherwise applicable period of Ineligibility;

engaged in deceptive or obstructing conduct to avoid the detection or adjudication of an anti-doping rule violation.

circumstances described in this Comment to Article 10.6 are not exclusive and other aggravating factors may also justify the imposition of a longer period of Ineligibility

 

[Netserk]

Has anyone else that has been banned (for the first time) over a passport case received more than 2 years?

I have a hard time imagining that (UCI has evidence of) Kreuziger did something all the others didn't.

...

Since Menchov was stripped of results in multiple Tours, you'd expect this one to count for him:

Used or Possessed multiple Prohibited Substances or Prohibited Methods or Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions

But he still only got 2 years.

 

[Race Radio]

Has anyone else that has been banned (for the first time) over a passport case received more than 2 years?

Leonardo Bertagnolli got almost 3 years (2 years 10 months)

 

[Netserk]

Leonardo Bertagnolli got almost 3 years (2 years 10 months)

Thanks. Do you know why?

 

[DirtyWorks]

... Thyroid issues and therapy are clearly increasingly common in sports.

This is explained as a side effect of using HGH. We know it's used in the sport.

 

[Red Rick]

Kreuziger is super likely a doper, but the fact that they're after him looks quite arbitrary to me and the fact that the UCI wants more than 2 years is just power abuse. Don't these facts date back to 2011 or something?

 

[Netserk]

I also don't get why they want to strip him of all results since 2011, and not just those in the two periods where his anomalies are from. Otherwise surely they should've done the same with Menchov, no?

 

[thehog]

Has anyone else that has been banned (for the first time) over a passport case received more than 2 years?

I have a hard time imagining that (UCI has evidence of) Kreuziger did something all the others didn't.

...

Since Menchov was stripped of results in multiple Tours, you'd expect this one to count for him:



But he still only got 2 years.

Menchov did not challenge his passport, he accepted and negotiated a deal (of sorts).