Livestrong have anything to do with U.S. Atty's decision to close the federal case?

[Big Daddy]

Did Livestrong have anything to do with Andre Birotte's decision to close the federal investigation? Think about it.

It has been reported that Livestrong sent lobbyists to Washington in an attempt to persuade senators and congressional representatives to stop USADA and to cut off their funds. Their attempts were somewhat successful in getting a few lawmakers on their side.

It was apparent now that Armstrong was never intending to go toe-to-toe in an arbitration hearing with USADA. He knew the odds were against him. Armstrong's only hope of beating USADA was to beat them outside of the normal arbitration process for athletes alleged to have taken performance-enhancing-drugs.

He was going to do whatever it took to beat USADA outside of an actual arbitration hearing, whether that meant going to court, getting lobbyists to take action against USADA, or... getting the Atty General's office to force Novitsky to end the federal investigation.

Think about it. Livestrong sent lobbyists to influence the people that could cut off USADA funding. The same tactic would theoretically be used to get Novitsky off of Lance's back. And that would be to go one step up to Andre Birotte, and get him to call off the federal investigation.

Remember Mark Fabiani? He is Armstrong's legal spokesman who was also at one time served as a White House special counsel. Fabiani was added to Armstrong's legal team long ago along with Bryan Daly who is a Los Angeles based atty and himself a former prosecutor. Why would Armstrong add Daly to his team? Why not an atty from Texas like his other lawyers? What is the link between Fabiani and Daly to Andre Birotte, the US Atty for the Central District of California whose office oversaw Jeff Novitsky's office? Did Livestrong lobbyists have any pull to get Birotte to suddenly make the decision to drop the federal case?

 

[Big Daddy]

This is a very interesting quote from Mark Fabiani, Armstrong's legal spokesman, about possible knowledge that Armstrong's legal team had of the the evidence Jeff Novitsky compiled and presented to Birotte's office.

From the Huffington Post -
Fabiani rejected speculation that, in light of the anti-doping agency's accusations, U.S. federal prosecutors might re-open a criminal investigation into a cycling team partly-owned by Armstrong, which was closed earlier this year.

A reopening of the case was "entirely implausible," Fabiani said. "There is not a single thing in the USADA report that the US attorney did not have," he said.
---
Notice what Fabiani is stating, that he knew what evidence the US Atty had. How would he have access to the information that Novitsky gave to Birotte? How?


UK paper considering legal action against Armstrong.
http://www.huffingtonpost.com/2012/10/12/lance-armstrong-sunday-times_n_1962965.html

 

[ElChingon]

Unless they find the smoking gun with the fingerprints, no.

If taken to court they (Lance's defense Lawyers) can call out every one of those fellow dopers as having to gain from it and make it look like they are less than honest (forget the legal term for that), there is still no smoking gun as they say to pin pointing Lance to having used the USPS money for doping. Till then you won't see the Federal case re-open.

 

[D-Queued]

Unless they find the smoking gun with the fingerprints, no.

If taken to court they (Lance's defense Lawyers) can call out every one of those fellow dopers as having to gain from it and make it look like they are less than honest (forget the legal term for that), there is still no smoking gun as they say to pin pointing Lance to having used the USPS money for doping. Till then you won't see the Federal case re-open.

Malicious defamation of character? Slander? Malpractice?

After all, this is Fabiani and Herman we are talking about.

Dave.

 

[thehog]

http://www.luxist.com/2008/11/01/nike-co-founder-pledges-100m-to-cancer-research/

This will help you. This is also same place that Dr. Craig Nicolas works/worked for that still receives grants from Livestrong.

100m. 100m.

No government is going to pick up the slack on 100m.

 

[Pazuzu]

It's more likley than not that it was political pressure that got the Federal investigation closed. For one thing, the investigation was allegedly abruptly closed by Birotte, without much discussion, while investigators were still gathering information and were expecting to press charges soon. Secondly, the Feds never handed over the information they gathered to the USADA. Hmmm... I wonder why. Third, we saw how Armstrong's operatives lobbied members of Congress to put pressure on Tygart to back off.

Unfortunatley, I don't think we'll ever get the full story here. Andre Birotte (which is French for eunoch by the way) is likely on a fast track to become US Attorney General.

Remember, it was Eric Holder who wrote the legal memo recommending that Clinton pardon slimeball fugitive Marc Rich, whose wife, it should be noted, had donated enormous sums to Clinton's campaign fund.

And look where Holder is now.

 

[Brooks Fahey Baldwin]

It is also possible that the case was dropped due to insufficient evidence.

Evidence of doping is a bit hard to look past, but remember that doping isnt a crime in the US. Novitsky was trying to get evidence that taxpayer funds had been used to buy drugs or that drug trafficking had occured in the US.
Both of these things would also need to be proved beyond reasonable doubt.

In Tyler's book and in the USADA report, the best indicator of using taxpayer funds for drugs was that a few of the riders thought that the bikes were being sold.
Tyler states that team bikes and equipment are often sold to line the pockets of some team official. Put that together with the 'beyond reasonable doubt' standard of proof and any defence lawyer worth their salt could make sure the prosecution doesnt prove it beyond reasonable doubt.

As for the trafficking of drugs in the US, Hamilton wasnt very specific in his book. Landis talks about taking drugs on Lance's private jet in to European countries, but not the US. From the USADA evidence, the best indicator that Lance trafficked drugs was that he had PEDs while in the states.
That isnt really the same as detailed evidence of Lance smuggling them in to the country. After all, Lance could just blame the smuggling of drugs in to the country on someone like Pepe Marti and the 'reasonable doubt' standard isnt met.

It is entirely possible that political pressure made Birotte drop the case, but I think it is also possible that Birotte didnt want to see the case drag on in the courts for 6 years like the Barry Bonds case. At some point, you really are wasting taxpayer funds chasing a witch. On the bright side, the USADA case has acheived some great outcomes.

 

[soslow]

I am making a totally uneducated guess. But is it possible the fact that Lance passed all his drug tests means there should have been no reason to investigate him and that makes all evidence gathered for no reason (from a legal point of view) inadmissible. Novitsky might have been thinking the judge would ask, "since there was never a failed test why are you investigating this guy?" Case dismissed.

 

[kielbasa]

There will always be lobbyists, and there are many invested in keeping the LA myth alive. More importantly, was it Birotte's well-informed decision or did he simply execute an someone else's "order"? Who exactly did they lobby? I'm thinking someone set up this relative nobody to take the fall in case it blows up.

We shall be watching Andre Birotte's career with great interest now.

 

[Father Jack]

My feeling has always been that it is one of the other guys that had the political pull. LA was the "name" but the other guys were much bigger fish. May very well be wrong - wouldn't be the first time!

FJ

 

[bianchigirl]

Armstrong paid Ferrari $1+ million - money had to come from somewhere

Funny how so many of his defenders bleat about the waste of taxpayer dollars but are apparently happy to see them line the pockets of a drug cheat & his doping doc

 

[Dear Wiggo]

Armstrong paid Ferrari $1+ million - money had to come from somewhere

Funny how so many of his defenders bleat about the waste of taxpayer dollars but are apparently happy to see them line the pockets of a drug cheat & his doping doc

Good spot.

Money seeded by... USPS - definitely a government org, funnelled straight into Switzerland.

 

[blackcat]

Good spot.

Money seeded by... USPS - definitely a government org, funnelled straight into Switzerland.

gotta buy those paintings the nazis stole from the jews in wwII left in the Swiss vaults

 

[70kmph]

Taking a stab in the dark
The man behind the curtain
Thom Weisel banker and lead investor of the Postal Service team
Where is this guy? The architect of US Postal
What does he have to say about his protege now

http://www.thejanedough.com/thom-weisel-doping-scandal/

In his book, Weisel makes clear the connection between Armstrong's reputation and his own financial interests. Armstrong's role as a Tour de France champion and Armstrong himself "makeup our brand," Weisel boasts in a chapter on business philosophy that he penned himself.

http://www.scribd.com/doc/32057485/...ationships-In-The-Lance-Armstrong-Doping-Saga

 

[Speedzero]

. . . is it possible the fact that Lance passed all his drug tests means there should have been no reason to investigate him . . .

Lance did not pass all his drug tests. Try again.

 

[Zultronova]

Perhaps the decision to drop this case might be due to the fact that it is election Year in the United States. Ask Yourself this. Would Obama want to see an American Icon and sporting hero charged with Federal crimes during election Year. But of course that is pure speculation.

 

[Big Daddy]

There is something extremely unethical about Mark Fabiani and Tim Herman, both serving as legal counsel to Lance Armstrong. Tim Herman has let it slip already that Armstrong's legal team know what is in Novitsky's federal investigation file, by their assertions that the allegations in the federal investigation are the same as that in the USADA investigation. The fact that they may have obtained the evidence from the federal investigation for their clients is a serious ethical and professional breach.

 

[Tinman]

Excellent & thorough overview of the USADA Armstrong legal case with references. Includes the (rather weak) Team Armstrong "extended statement" from last Friday to the USADA reasoned decision.

http://www.law.com/jsp/article.jsp?id=1202574851052&thepage=1

 

[Big Daddy]

Excellent & thorough overview of the USADA Armstrong legal case with references. Includes the (rather weak) Team Armstrong "extended statement" from last Friday to the USADA reasoned decision.

http://www.law.com/jsp/article.jsp?id=1202574851052&thepage=1

Good find. Now, the latest on the sphere of influence some of Armstrong's associates at USA Cycling have had. Wonder if any of them had a role in Mark Fabiani illegally obtaining the federal investigation case file.

 

[rata de sentina]

Andre Birotte (which is French for eunoch by the way)

He he pretty funny obviously someone had him by them at the time. It's eunuch btw.