Ummm, for some reason I don't think that the federal investigator who went 10-for-11 in the BALCO case will be relying exclusively on GL
Ummmm, let's be clear about this "record" of the wonderful Mr. Novitzky. He intimidated 8 of those 10 into pleading guilty to minor charges. No one, other than Victor Conte and Marion Jones, actually served a day in prison for anything related to drugs. Conte only served 3 months in jail for "laundering" $100 (and another 3 months of in-home monitoring). Marion Jones didn't plead to anything other than lying to a federal investigator (yeah, that's bad, but Novitzky didn't nail her for actual drug use, and look, she's now making a nice living in the WNBA; her real criminal problems actually stemmed from a check-forgery ring she and her former track coach were involved with). She served 6 months, and got two years probation.
And the one guy who was actually convicted and served the longest prison term as a result of Novitzky's big investigation? It was one of the lawyers who represented a target of the investigation who was convicted for leaking confidential transcripts of the Grand Jury proceedings to two reporters from the S.F. Chronicle (who not coincidentally wrote a book about the testimony, making themselves a nice little profit...but interestingly they were not prosecuted). And the "big fish" that Novitzky was after, Barry Bonds? He walked.... Novitzky himself was investigated by the IRS CI unit (i.e., "Internal Affairs") for manufacturing evidence, falsifying affidavits in support of search warrants, theft of funds that had been impounded, etc., and it was because of his misconduct that Bonds will never see the inside of a courtroom. If you don't believe the feds will have a microscope up Novitzky's a** this time again, you're dreaming. He wasn't formally charged by the feds for any of his misconduct, but his misconduct is why he left his "dream job" at the IRS and moved over the FDA....No one in a real position of power in the Federal government, especially with the current state of our economy, is going let him spend tens of millions of dollars chasing something that happened close to ten years ago in Europe and over which the FDA really has no jurisdiction.
And don't even get started talking about that "fearsome" prosecutor the papers have reported Novitzky is working with, Douglas Miller, a 2005 California Bar admittee, with all of about four years of active criminal law practice experience. That's the "big cheese" federal prosecutor? The guy who is going to take down Armstrong? Puhleeze. He's a baby lawyer who has probably has worked mostly plea bargains. I haven't looked on Lexis-Nexis or Westlaw, but I'm willing to wager a hefty sum that his actual federal jury trial experience is close to nil.
Novitzky is in way over his head this time. Way beyond his mandate. Just wait until the real political pressure begins when the FDA realizes how much money and resources is being devoted to this wild-goose chase. And believe me, I happen to work with and know several FDA criminal investigators (who spend their days in undercover operations going after phony pharmacueticals, fake prescription drugs that are made in China and contain wallboard...the stuff that really harms everyday Americans), and Novitzky and his crew are, to use Tim Herman's phrase, pretty far off the reservation. Novitzky wasted close to $50 million last time investigating the use of THG (the "clear") which actually wasn't even illegal at the time. Think his bosses are going to let him do waste that sort of money again? Better re-think that scenario.
And even more interestingly, many here in the Clinic seem to think that it's some sort of sign that LA is "guilty" because he's retained an experienced former federal prosecutor with 25 years of experience. Keep in mind that Bryan Daly was hired not to "defend" Armstrong, but simply to find out what the real subject is of the investigation. Why? Because no one with any real inside information has actually spoken publicly for attribution yet, and no one has actually verified what the real scope or even the subject of the investigation may be. It could be as simple as investigating Landis. It could be looking at LeMond's financing of Landis' new legal defense (it's going to be pretty interesting when the Wilson, Sonsini firm has to sort out the conflict of interest they now have because of their representation of both Landis and Lemond...but that's another story).
The point is that other than what we've read in the newpapers, or heard from that clown Lemond, no one really knows anything yet about what is being investigated. Maybe we'll all find out something tonight when Landis speaks on ABC Nightline...but I doubt it. Just more bullsh*t from an admitted perjurer trying to salve his own conscience and take down others with him.
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