Re: Official Lance Armstrong Thread: Part 3 (Post-Confession
That easy and simplistic idea that since there was a breach of contract, USPS should be entitled to the sum of what they paid is basicly what the gouvernment and Landis tried to argue.
It was rejected by yesterday's ruling.
Again, there can be 2 sorts of penalties
1 - civil penalties for false claims which could amount a total of 200 000 to 400 000$ (My understanding is that Armstrong could very much loose this one, even if he himself didn't claim anything)
2 - Damages suffered by the gouvernment that can be trebled. The government bears the burden of proving damages (and not the contrary) as clearly enounced in yesterday's legal document. The damages are calculated by the monetary difference between what they actually received and what they would have received if the contract had been respected. (My understanding is that this is an almost unwinnable case for the government. Who knows, they may recover "some" of the money. But most likely nothing)
No, it doesn't work that way.ScienceIsCool said:USPS didn't turn a blind eye. They knew the score which is why Tailwind had to sign a contract that included language about not using drugs. Show those paragraphs to the jury, show them the signatures at the bottom and then rest your case.absolutely_not said:The real big news is there will indeed be a trial.
This is bad news for Armstrong as he probably woul have loved to avoid the whole circus that will result of this.
But something tell me the USPS and Landis wont be that thrilled either about a trial : The USPS probably won't look too good about turning a blind eyes when it was convenient (Festina scandal revelling the whole sport was ravaged by doping, everybody?)
And Landis, for obvious reason. The hypocrisie of this suits and the reminding of his own fraud won't do him any good.
So they're heading to a trial. And though this ruling makes for dramatics headlines, the result of the trial is almost sealed by another ruling : the judge sided with Armstrong when it comes to calculating damages. The USPS will have to proove damages. And good luck with that.
There is always the incertinity of a jury for Armstrong, maybe that alone will incite him to settle. But if there is an actual trial, it will very certainly ends up with a penalty for each false claim (41 * between 5000$ and 10 000$) but it will probably be it
John Swanson
That easy and simplistic idea that since there was a breach of contract, USPS should be entitled to the sum of what they paid is basicly what the gouvernment and Landis tried to argue.
It was rejected by yesterday's ruling.
Again, there can be 2 sorts of penalties
1 - civil penalties for false claims which could amount a total of 200 000 to 400 000$ (My understanding is that Armstrong could very much loose this one, even if he himself didn't claim anything)
2 - Damages suffered by the gouvernment that can be trebled. The government bears the burden of proving damages (and not the contrary) as clearly enounced in yesterday's legal document. The damages are calculated by the monetary difference between what they actually received and what they would have received if the contract had been respected. (My understanding is that this is an almost unwinnable case for the government. Who knows, they may recover "some" of the money. But most likely nothing)