Polish said:
Colm., you said "the USPS endorsement contract, you know, the one that requires them to adhere to the rules of the sport and the laws of the country? Yes, that one."
But the contract does not say that at all.
ReReRead it again. Move your lips as you read if you have to.
The contract gives the right to USPS to fire a rider if they are naughty.
They did not HAVE TO fire them, mind you - but they could have grrrrr.
The USPS also had the right to leave a rider on the team if they were naughty.
I am not saying the USPS did that, but it was up to the USPS to decide.
I will try to make this as clear as possible.
This is fraud in the concealment.
The USPS team had a systematic doping program.
The contract states that they would terminate the contract if they violated the law or the rules of the respective sport.
The USPS team conspired to suppress and omit this fact from being known, by concealing it as a material fact.
It was the duty and responsibility of the signors of the contract (and ultimately the owners of Tailwind/CSE) to inform USPS that they had a systematic doping program.
They intentionally withheld this material fact, for had it been communicated, the USPS would have most certainly terminated the contract.
That they did not terminate the contract does not mean that they had been aware of the doping, chose NOT to terminate the contract, and thereby grant tacit permission for the doping to continue unabated. It means that they were never made aware of the violation of the terms of the contract.
That the USPS team continued to invoice and take the money from the USPS, for many years adds significant complication (aggravated), as with each act they are omitting this material fact of contract violation.
This is the fraud. Wire/Mail Fraud, in the concealment.
It is my view that considering the structure of the company, pattern of acts, duration that it persisted, inclusion of obtaining/transporting drugs, and the extravagant fraud scheme, this could rise to the level of a RICO case. Go read some RICO law and let's argue that, too.
Really, it is clear you are equipped with enough wattage upstairs to understand this. It is a simple legal concept.
Dance around how you wish. When the music stops, your seat will be gone, and the myth of "Lance" will be revealed as a very impressive and highly engineered mirage. He will be implicated for his role in bilking the govt out of 30 - 60 million.