Popovych testifies

[Ferminal]

Come on, you're ruining the intrigue of the clock and dagger sh$t. That little fact of yours was definitely uncalled for.

Originally Posted by Race Radio

Should not be a surprise that they knew he was coming. Armstrong does not have friends, he has employees. Novitzky has plenty of Armstrong insiders feeding him info......where do you think I get mine?

Cloak*****

 

[Race Radio]

Popo's attendance at the Livestrong challenge was something that was publicized for months. You didn't need to be a Federal Special Investigator to know he'd be in the US.
.

Got a link?

 

[fatandfast]

You would be surprised by the number of those so called "friends" who are willing, in fact eager, to toss him under the bus.

I don't underestimate the power of fame. The bus toss I am sure is valid..remember way back when Lance was smearing his junk on other people's drapes while in the company of other wives and girlfriends other than his own. He was still allowed to climb the hero ranks after all the personal human waste he left behind. The choice of letting Gerlach or Landis go free and instead go after Lance and Lance alone is stupid. If Novitzy is so big on the rule of law he will drive Landis to the airport and get him to France asap. I hope that if Lance get jammed he goes on TV and starts crying saying "I couldn't tell the truth because of all the cancer money I was raising, I just couldn't let all the good I was doing end". The guy will go to a new level of hero. When Landis explains why he came clean without saying blower cash was not the main reason will bring him to a new scumbag low..Gerlach after all he has been through to give Roberto the shove is insane..1 doper trying to help another and then Chad being Chad can't keep it together. Gerlach is the best that Lance can hope for..he will really put things into perspective and his resume as a clown averaged with past and current Landis will be a real help for Armstrong. The best would be if LA's legal team asks to speak with Landis and he is in a French jail

 

[Ney the Viking]

Got a link?

http://livestrongblog.org/2010/10/05/team-radioshack-coming-to-austin/

From Okt 5th:

"Some very special guests will be joining the thousands of runners and riders supporting the 28 million people around the world living with cancer at the Austin LIVESTRONG Challenge here in Austin, Texas October 22-24. While you may never get to ride in the Tour de France, you will get the chance to join some Tour veterans as well as some of the best up-and-coming riders as they roll into Austin for the big weekend!

Starting with Team RadioShack, Challenge participants will get the chance to see Levi Leipheimer, Markel Irizar, Jason McCartney, Bjorne Selander, Jani Brajkovic, Yaroslav “Popo” Popovych and newcomer to the team Ben King. King is joined by his fellow Trek-LIVESTRONG teammates Nate Brown, Lawson Craddock, and Gavin Mannion, part of Lance Armstrong’s Under-23 development squad."

So yeah, hardly any hardcore Fed intelligence behind that discovery

 

[thehog]

http://livestrongblog.org/2010/10/05/team-radioshack-coming-to-austin/

From Okt 5th:

"Some very special guests will be joining the thousands of runners and riders supporting the 28 million people around the world living with cancer at the Austin LIVESTRONG Challenge here in Austin, Texas October 22-24. While you may never get to ride in the Tour de France, you will get the chance to join some Tour veterans as well as some of the best up-and-coming riders as they roll into Austin for the big weekend!

Starting with Team RadioShack, Challenge participants will get the chance to see Levi Leipheimer, Markel Irizar, Jason McCartney, Bjorne Selander, Jani Brajkovic, Yaroslav “Popo” Popovych and newcomer to the team Ben King. King is joined by his fellow Trek-LIVESTRONG teammates Nate Brown, Lawson Craddock, and Gavin Mannion, part of Lance Armstrong’s Under-23 development squad."

So yeah, hardly any hardcore Fed intelligence behind that discovery

Errrrrr it was known for months? 5th October?

 

[Ney the Viking]

Errrrrr it was known for months? 5th October?

Nitpicking. It was know well beforehand, at the latest the 5th of October, and i didn't bother to spend more than 2 minutes on google to dig up later results. I am sure the Feds are able to write up a subpeana if given a few weeks notice

 

[SpeedWay]

So yeah, hardly any hardcore Fed intelligence behind that discovery

Damn - and this thread had so much potential with the resident Pink Panther sitting in.

 

[scribe]

Errrrrr it was known for months? 5th October?

You can slide nothing past g-men.

 

[BotanyBay]

i don't know if that's the forgone conclusion. i tried to understand how novi could compel a foreign citizen to testify. it looks like popo had a choice to flat out refuse the subpoena. he chose to cooperate...but i'm no legal expert and still wonder.

Subpoena powers apply (generally) to anyone within the USA (citizen or not). Novitsky was completely within his rights.

 

[BotanyBay]

Should not be a surprise that they knew he was coming. Armstrong does not have friends, he has employees. Novitzky has plenty of Armstrong insiders feeding him info......where do you think I get mine?

You've nailed it. Armstrong's friends can be counted on one hand. Everyone else has a financial tie that binds them to him.

 

[BotanyBay]

i saw that. but i repeat, he could refuse and and take a plane back home to italy completely ignoring the subpoena. he does not hold american passport and it would take something i don't understand to compel him. repeat: he must have agreed to something.

Yes, testify willingly or testify as a defendant. When the feds come knocking for Grand Jury testimony, they rarely mince words.

 

[BotanyBay]

But why would he rock up to the Livestrong ride and hang with dude Lance to then spill the beans? Doesn't add up.

Remember, the investigation is now several months old. They can call you into a meeting, talk about cross-referenced testimony from many others before you, drop a few hints about what they already know about you, mention that you can do this the easy way or do it the hard way, and suddenly you become willing (not that you had much choice).

 

[Ney the Viking]

http://www.thefreelibrary.com/Disco...ess+is+valid,+Second+Circuit+rules-a093463485

Some legal info. I am not very familiar with US law, but seems to be a subpeona delivered when a foreigner is visiting the US is a-ok.

 

[BotanyBay]

you really don't believe most of the BS written by people. Armstrong has friends in the 100's in every part of cycling and bike racing.

How about we define "friends" as a mutually agreeable determination by both parties, ok?

 

[pedaling squares]

...has plenty of Armstrong insiders feeding him info......where do you think I get mine?

If your sources were of the quality of TheHog's sources, you would have been able to break the "Armstrong to skip the 2010 TDF" and "Brunyeel never to return to USA" stories.

 

[Tubeless]

i don't know if that's the forgone conclusion. i tried to understand how novi could compel a foreign citizen to testify. it looks like popo had a choice to flat out refuse the subpoena. he chose to cooperate...but i'm no legal expert and still wonder.

Here's a relevant quote from a book called "Grand jury practice" by Howard W. Goldstein:

A foreign citizen who is present within the United States is subject to the subpoena power of its courts, and may be subject to its continuing jurisdiction until discharged.

and elsewhere in the book:

A grand jury may compel testimony from a foreign national who is present in the United States.

http://books.google.com/books?id=HP...=grand jury subpoena foreign national&f=false

In other words, Popo had no choice - couldn't leave the country until he agrees to testify. Since Popo is an employee of a US corporation, this may give the feds additional leverage to hold his testimony to the same consequences as a US citizen. However, if Popo chooses to lie (likely), he'd be free to leave the country after appearing - and even if he's charged with perjury, there's little the feds could do if he opts not to ever come back.

 

[Bicicleta]

I wonder if Brajkovic was subpoenaed as well. He was in Austin too and like Popo has been with Bruyneel since 2005 (except for Popo's year at Silence).

 

[thehog]

Here's a relevant quote from a book called "Grand jury practice" by Howard W. Goldstein:



and elsewhere in the book:



http://books.google.com/books?id=HP...=grand jury subpoena foreign national&f=false

In other words, Popo had no choice - couldn't leave the country until he agrees to testify. Since Popo is an employee of a US corporation, this may give the feds additional leverage to hold his testimony to the same consequences as a US citizen. However, if Popo chooses to lie (likely), he'd be free to leave the country after appearing - and even if he's charged with perjury, there's little the feds could do if he opts not to ever come back.

This could start a new Cold War! Free Popo!!

 

[thehog]

Nitpicking. It was know well beforehand, at the latest the 5th of October, and i didn't bother to spend more than 2 minutes on google to dig up later results. I am sure the Feds are able to write up a subpeana if given a few weeks notice

No problems, understand. There's a lot of sh!t on the Livestorng site. I find it hard to find usefyl information between the articles on tantric massage and "buy now" sales on exercise bikes.

 

[python]

Subpoena powers apply (generally) to anyone within the USA (citizen or not). Novitsky was completely within his rights.

again and again and again and again...i never questioned if novi was within his rights. i wondered what are a foreign citizen's rights and what are the consequences for the subpoenaed foreigner if he just ignored the call.

i stated as clearly as could that there must be a voluntary or calculated element
to appear before a gj in this case. to compel a free citizen of another country - in the absence of an arrest warrant - must be more complicated than the us citizen subject to charges if in contempt of a court.

 

[Ney the Viking]

again and again and again and again...i never questioned if novi was within his rights. i wondered what are a foreign citizen's rights and what are the consequences for the subpoenaed foreigner if he just ignored the call.

i stated as clearly as could that there must be a voluntary or calculated element
to appear before a gj in this case. to compel a free citizen of another country - in the absence of an arrest warrant - must be more complicated than the us citizen subject to charges if in contempt of a court.

Now this is purely speculation, but when you enter the USA you have to get a visa, i have no idea what you agree to when you get one, but it wouldnt surprise me if having one and being on US soil would obligate you to appear in court if subpoenaed.

 

[hrotha]

What happens if he perjures himself? Would that mean he can't set foot on the US again without facing detention?

 

[Tubeless]

again and again and again and again...i never questioned if novi was within his rights. i wondered what are a foreign citizen's rights and what are the consequences for the subpoenaed foreigner if he just ignored the call.

i stated as clearly as could that there must be a voluntary or calculated element
to appear before a gj in this case. to compel a free citizen of another country - in the absence of an arrest warrant - must be more complicated than the us citizen subject to charges if in contempt of a court.

Could not find corraborating link, but my understanding is that Popo could probably ignore the subpoena and leave the country but it could complicate his future travel to the US - not appearing could be grounds for future non-admission at the border, or other trouble when trying to re-enter the US. Ukrainian citizens require a VISA to enter US, which could be denied and hence would make it more difficult for Popo to continue as a true RadioShack trooper, attending camps in the US etc.

http://ukraine.usembassy.gov/nonimmigrant-visas.html

 

[thehog]

Could not find corraborating link, but my understanding is that Popo could probably ignore the subpoena and leave the country but it could complicate his future travel to the US - not appearing could be grounds for future non-admission at the border, or other trouble when trying to re-enter the US. Ukrainian citizens require a VISA to enter US, which could be denied and hence would make it more difficult for Popo to continue as a true RadioShack trooper, attending camps in the US etc.

http://ukraine.usembassy.gov/nonimmigrant-visas.html

Popo is now an Italian citizen.

 

[washedup]

Just talked to an American lawyer friend of mine....If desired, the Feds can withold him from leaving the country. It rarely happens, but the Feds CAN.

Of course, if he is just going to chirp the Livestrong oath, what is the point.