Dr. Maserati said:
Well,
an investigation was opened this time last year.
Unless you have something to show it has been shut-down then one can conclude it is ongoing.
One can conclude anything one wants, but one should not assume that investigations remain ongoing forever.
It's most likely that whatever investigation has been done has already been terminated or submitted to the US Attorney. I can't imagine what more investigation the feds need to do to decide whether or not they can make a case against Lance Armstrong. It's not like Armstrong's obstructing acts were particularly difficult to investigate.
Obstructing also has a five year statute of limitations, and there's likely no room for "tolling," or RICO, or "conspiracy" extensions.
It would also be very unusual for an obstruction prosecution to parallel a civil case where the feds are seeking a lot of money. It is inappropriate and unwise to use a criminal case as a wedge to seek money in a civil case, or to appear to do so.
The public announcement of the termination of Birotte's criminal investigation was unusual. You shouldn't expect anything similar from another investigation. One of the problems with Birotte's case that prompted his announcement might have been leaks. There is some reason to believe that the investigators in Birotte's case may not have been professional. Remember the statements in the media that some people involved in the investigation were surprised by Birotte's decision and thought there was enough evidence to go further--such statements should never have been made.
The only way anyone would know whether an investigation is closed or open would be if that person had access to the FBI case files or could identify a recent investigative act (contacting a person, summoning a person to a GJ, etc.). Otherwise, we're simply looking at a "Tuesday" kind of announcement. Or maybe the person making the claim is just trying to aggravate Lance Armstrong.
There might be an investigation right now or there might not. (Sorry about the gray area, Dr. Maserati). The facts point more to the latter than to the former.