- Mar 17, 2009
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MarkvW said:Of course I think he was doping.
Of course he paid Ferrari money.
But where does that get us? My beliefs don't count for anything. Possession of dope is almost never done without the dope as evidence. You've got to prove he actually possessed the prohibited chemical. That's almost always done with lab analysis of the seized substance. We ain't getting that with experienced doper Armstrong. Maybe there is conspiracy to possess (if there's a snitch), but the feds don't do multimillion dollar investigations for possession, much less conspiracy to possess.
Ferrari? Can't Lance just say the payments were training consults? What would the feds have to rebut that? Lance might have been stupid on this one, though, because of the money laundering payment reporting statutes. I could see problems if he didn't disclose $10K+ payments as required. That could happen. He wants to hide his relationship with Ferrari so he lies on his disclosure forms. . . . That would be interesting (and no SOL problem either). That one makes sense. Definite possible.
Denial of ownership isn't a crime. The next question is what crime would that false denial be evidence of? I can't think of any.
It is if it obstructs justice. That is still a crime, no? And false denial could be used to prove conspiracy.
Also, too: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00652.htm
Conspiracy is a continuing offense. For statutes such as 18 U.S.C. § 371, which require an overt act in furtherance of the conspiracy, the statute of limitations begins to run on the date of the last overt act. See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). For conspiracy statutes which do not require proof of an overt act, such as RICO (18 U.S.C. § 1961) or 21 U.S.C. § 846, the government must allege and prove that the conspiracy continued into the limitations period. The crucial question in this regard is the scope of the conspiratorial agreement, and the conspiracy is deemed to continue until its purpose has been achieved or abandoned. See United States v. Northern Imp. Co., 814 F.2d 540 (8th Cir. 1987); United States v. Coia, 719 F.2d 1120 (11th Cir. 1983), cert. denied, 466 U.S. 973 (1984).
