The Next Step--Target Letters

Nov 20, 2010
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I expect that right after the US Thanksgiving Day holiday this week, the US Attorney in Los Angeles will be sending out what are called "target letters" to several parties in the US Postal investigation advising them that they are formal targets of the Grand Jury's investigation.

I expect that those letters will go out to Armstrong, Thom Weisel, Johan Bryunel (sp?) and possibly others, most likely Jim Ochowitz, an associate and former employee of Weisel's. If you receive such a letter, it is most likely that you will be indicted. The typical form of target letter used by federal prosecutors in the US reads as follows,

This letter is supplied to a witness scheduled to appear before the federal Grand Jury in order to provide helpful background information about the Grand Jury. The Grand Jury consists of from sixteen to twenty-three persons from the District of ___. It is their responsibility to inquire into federal crimes which may have been committed in this District. As a Grand Jury witness you will be asked to testify and answer questions, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer are permitted in the Grand Jury room while you testify. We advise you that the Grand Jury is conducting an investigation of possible violations of federal criminal laws involving, but not necessarily limited to *. You are advised that the destruction or alteration of any document required to be produced before the grand jury constitutes serious violation of federal law, including but not limited to Obstruction of Justice. You are advised that you are a target of the Grand Jury’s investigation. You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. Anything that you do or say may be used against you in a subsequent legal proceeding. If you have retained counsel, who represents you personally, the Grand Jury will permit you a reasonable opportunity to step outside the Grand Jury room and confer with counsel if you desire.
Cordially,


At that point, if you are called before the GJ, you must either answer questions or assert your 5th Amendment privilege against self-incrimination and refuse to answer any questions other than those that identify who you are. If you answer even one substantive question, you are deemed to have waived the privilege.
 
Aug 13, 2009
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As the mierda is about to hit the fan this would be a perfect time to taunt the Fed's


Hey Jeff, como estan los hoteles de quatro estrellas y el classe de business in el aeroplano? Que mas necesitan? 11:59 AM Nov 19th via Twitter for BlackBerry®

http://twitter.com/juanpelota
Translation: Hey Jeff, how are the 4 Star hotels and business class? What more do you need?

This place is going to be nuts for the next few months.
 
Race Radio said:
As the mierda is about to hit the fan this would be a perfect time to taunt the Fed's




Translation: Hey Jeff, how are the 4 Star hotels and business class? What more do you need?

This place is going to be nuts for the next few months.
Race, are things genuinely coming ot a head one way or another so? Like should things be winding up in a few weeks?
 
A

Anonymous

Guest
Race Radio said:
As the mierda is about to hit the fan this would be a perfect time to taunt the Fed's




Translation: Hey Jeff, how are the 4 Star hotels and business class? What more do you need?

This place is going to be nuts for the next few months.

I think Juan might be preparing for the worst;

Jeff,

Puesto que soy, sin duda, ir a la cárcel tienes un lubricante que se recomienda para su uso mientras estoy en la 'casa grande?'

Gracias de antemano, Juan Pelota.
I'm not good with Spanish but I was able to pick out a few words.
 
Aug 13, 2009
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Digger said:
Race, are things genuinely coming ot a head one way or another so? Like should things be winding up in a few weeks?
This is far from over, it has just begun.

The estimates I have heard for months were by Christmas time but I think the focus is on getting it right, not the time frame. Doug Miller and Novitzky learned a lot from the Bonds case. Going up against a well funded, ego driven, sociopath you need to have an airtight case. The amount of evidence they have on Armstrong, Weisel, Och, etc. will dwarf what they had on Bonds.

The reality is this is not Novitzky's call. Armstrong has focused his media spin on him because people know who he is but the guy in charge is Doug Miller. He will decide what charges are filed, who is charged, and when. He is a Federal prosecutor with a long history of success with financial crimes.

Armstrong's media spin has tried to say this is only a FDA case and they should focus on Eggs....this is intentional deflection. The fact is Miller is a Federal Prosecutor and can bring a very wide range of charges against Armstrong.

BTW, Miller's office has the highest conviction success rate in the country, over 90%. If charges are filed Armstrong is in serious trouble.
 
Race Radio said:
This is far from over, it has just begun.

The fact is Miller is a Federal Prosecutor and can bring a very wide range of charges against Armstrong.

BTW, Miller's office has the highest conviction success rate in the country, over 90%. If charges are filed Armstrong is in serious trouble.
Seems like the list of possible charges has grown exponentially over the last couple of weeks.

Any ideas on the likely list of complaints, perhaps listed from highly likely to unlikely?
 
May 20, 2010
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Race Radio said:
This is far from over, it has just begun.

.The estimates I have heard for months were by Christmas time but I think the focus is on getting it right, not the time frame Doug Miller and Novitzky learned a lot from the Bonds case. Going up against a well funded, ego driven, sociopath you need to have an airtight case. The amount of evidence they have on Armstrong, Weisel, Och, etc. will dwarf what they had on Bonds.

The reality is this is not Novitzky's call. Armstrong has focused his media spin on him because people know who he is but the guy in charge is Doug Miller. He will decide what charges are filed, who is charged, and when. He is a Federal prosecutor with a long history of success with financial crimes.

Armstrong's media spin has tried to say this is only a FDA case and they should focus on Eggs....this is intentional deflection. The fact is Miller is a Federal Prosecutor and can bring a very wide range of charges against Armstrong.

BTW, Miller's office has the highest conviction success rate in the country, over 90%. If charges are filed Armstrong is in serious trouble.
I intended to ask Santa for a Fidea team kit, but all I want for Christmas is...
 
Aug 13, 2009
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TubularBills said:
Seems like the list of possible charges has grown exponentially over the last couple of weeks.

Any ideas on the likely list of complaints, perhaps listed from highly likely to unlikely?
That is the $100,000 question. Anyone who says they know what the charges are is full of it as that is the decision of Miller's team and no way he is talking. It is comical to hear The Fabricator cry about leaks..... there have been zero leaks from Novitzky or Miller. Fabricator's goal is obfuscation.

We can start a wish list. For me any charges that are focused on Tax evasion and the payoff of the UCI would be a nice Christmas present.
 
Race Radio said:
This is far from over, it has just begun.

The estimates I have heard for months were by Christmas time but I think the focus is on getting it right, not the time frame. Doug Miller and Novitzky learned a lot from the Bonds case. Going up against a well funded, ego driven, sociopath you need to have an airtight case.
Some interesting comparisons can be made between the two cases. In the BALCO case, a few things went wrong for the Feds-

Number 1-You had a guy who had no qualms about doing jail time, a guy the Feds could not flip for the life of them-Bonds' trainer Greg Anderson.

Number 2-The quality evidence wasn't as strong as it should have been because it relied on the testimony of Victor Conte and his written doping calendars.

Number 3-Marion Jones didn't do jail time for doping, she got nailed for lying about a check forgery scheme her then-husband was perpetrating. She later confessed just to get a better deal. The only reason we know for sure she doped was because of a confession.

Number 4-The judge hearing the case ruled inadmissible some very important evidence that will more than likely make it possible for Bonds to skate on the charges that could land him in jail.

I believe what they have learned from the BALCO investigation is if they are going to come at Armstrong and his people, they need to come correct.

They need to get a sufficient amount of evidence, and it needs to be corroborated by eyewitness testimony. It can't just be one guy saying he facilitated a doping ring like Victor Conte, when all he had for proof was a few written calendars.

None of this should be a problem this time around, as they now have witnesses who can verify Landis' claims of doping. The rest, the money laundering and drugs trafficking will need some paper trail evidence to back up.

Everything should work out better than BALCO this time around, as long as the Feds have these all in a row...

 
Aug 13, 2009
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Berzin said:
Some interesting comparisons can be made between the two cases. In the BALCO case, a few things went wrong for the Feds-

Number 1-You had a guy who had no qualms about doing jail time, a guy the Feds could not flip for the life of them-Bonds' trainer Greg Anderson.

Number 2-The quality evidence wasn't as strong as it should have been because it relied on the testimony of Victor Conte and his written doping calendars.

Number 3-Marion Jones didn't do jail time for doping, she got nailed for lying about a check forgery scheme her then-husband was perpetrating. She later confessed just to get a better deal. The only reason we know for sure she doped was because of a confession.

Number 4-The judge hearing the case made inadmissible some very important evidence that will more than likely make it possible for Bonds to skate on the charges that could land him in jail.

I believe what they have learned from the BALCO investigation is, if they are going to come at Armstrong and his people, they need to come correct.

They need to get a sufficient amount of evidence, and it needs to be corroborated by eyewitness testimony. It can't just be one guy saying he facilitated a doping ring like Victor Conte, when all he had for proof was a few written calendars.
This is the key difference. In Bonds case they have one Witness....with Armstrong there are far more then just Landis.
 
Nov 20, 2010
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Race Radio said:
That is the $100,000 question. Anyone who says they know what the charges are is full of it as that is the decision of Miller's team and no way he is talking. It is comical to hear The Fabricator cry about leaks..... there have been zero leaks from Novitzky or Miller. Fabricator's goal is obfuscation.

We can start a wish list. For me any charges that are focused on Tax evasion and the payoff of the UCI would be a nice Christmas present.
The NY Times has quoted sources close to the case as predicting indictments in January due to the statute of limitations running on several possible underlying felonies. However, if a conspiracy indictment is handed down, certain acts done in furtherance of the conspiracy to prevent it from being discovered can serve to toll the statute of limitations.

Possible charges that have been discussed publicly, but not by the US Attorney's office or Novitsky, include fraud in the procuring the Postal contract; money laundering; conspiracy; running a criminal enterprise in violation of RICO; insurance fraud related to the SCA Promotions contract and arbitration; perjury; suborning perjury (this would include Oakley management and Stephanie McIlvain); obstruction of justice.

I have not dealt with this particular US Attorney's office, but I can tell you from my experience in California's Northern District, prosecutors there do not like to bring an indictment unless they feel they have an incredibly strong case. By all indications, they have been meticulously building such a case as evidenced by the size of and the expense of sending the delegation that they did to Europe.

Merry Christmas and Happy New Year to Lance, Thom, Johan, Och and maybe Oakley management and McIlvain and others. As for we the spectators, sit back, pour a good glass of Merlot and enjoy the show. Better buy a few cases as this will be a long process unless the snakes start eating each other and work out plea bargains.
 
Sep 14, 2010
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Plus, it wasn't like Barry Bonds was forcing his team to use a systematic doping program. Quite the opposite, I would imagine in the home run game you want other players to be weak.
 
Nov 20, 2010
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washedup said:
Plus, it wasn't like Barry Bonds was forcing his team to use a systematic doping program. Quite the opposite, I would imagine in the home run game you want other players to be weak.
True. And let me re-emphasize a point made by another here. This is NOT a case about doping. It is a case about criminal fraud and conspiracy in which doping was a means to completing the fraud.
 
Sep 14, 2010
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Cimacoppi49 said:
Merry Christmas and Happy New Year to Lance, Thom, Johan, Och and maybe Oakley management and McIlvain and others. As for we the spectators, sit back, pour a good glass of Merlot and enjoy the show. Better buy a few cases as this will be a long process unless the snakes start eating each other and work out plea bargains.
Not too long ago we all considered McIlvain to be on the fence about telling the truth. Now, it seems she has gone all wacko supporting LA. Could it be that the Feds have told her to play along with his games (to show the strength of his witness tampering)?
 
TubularBills said:
Seems like the list of possible charges has grown exponentially over the last couple of weeks.

Any ideas on the likely list of complaints, perhaps listed from highly likely to unlikely?
No, but with the taunting of Novizky by Lance he seems to be after another record, just like the string of TdF's. (Sorry, I cannot put the word 'victories' in there)

It looks like Lance is trying to surpass Madoff's 149 years.

Go, Lance, go.

Who, in their right mind, other than a thug, would purposefully bait the authorities? It is right out of a Mario Puzo novel. Next thing you know, Novizky wakes up with a severed headset in his bed with grease flowing all over the sheets.

Dave.
 
Should that bum Chris Carmichael be insulted that he wasn't invited to this little Federally-sponsored shindig?

I mean, after all, he IS Lance Armstrong's coach and all...

At least that's what the Carmichael Training Systems brochure says...:p
 
Nov 20, 2010
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washedup said:
Not too long ago we all considered McIlvain to be on the fence about telling the truth. Now, it seems she has gone all wacko supporting LA. Could it be that the Feds have told her to play along with his games (to show the strength of his witness tampering)?
In a word, "No."
 
Sep 14, 2010
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D-Queued said:
Who, in their right mind, other than a thug, would purposefully bait the authorities? It is right out of a Mario Puzo novel. Next thing you know, Novizky wakes up with a severed headset in his bed with grease flowing all over the sheets.

Dave.
So true! I bet the people involved on the federal side are being given an extra boost of energy each day they hear more trash talk about how they do their job.
 
Aug 13, 2009
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Cimacoppi49 said:
The NY Times has quoted sources close to the case as predicting indictments in January due to the statute of limitations running on several possible underlying felonies. However, if a conspiracy indictment is handed down, certain acts done in furtherance of the conspiracy to prevent it from being discovered can serve to toll the statute of limitations.

Possible charges that have been discussed publicly, but not by the US Attorney's office or Novitsky, include fraud in the procuring the Postal contract; money laundering; conspiracy; running a criminal enterprise in violation of RICO; insurance fraud related to the SCA Promotions contract and arbitration; perjury; suborning perjury (this would include Oakley management and Stephanie McIlvain); obstruction of justice.

I have not dealt with this particular US Attorney's office, but I can tell you from my experience in California's Northern District, prosecutors there do not like to bring an indictment unless they feel they have an incredibly strong case. By all indications, they have been meticulously building such a case as evidenced by the size of and the expense of sending the delegation that they did to Europe.

Merry Christmas and Happy New Year to Lance, Thom, Johan, Och and maybe Oakley management and McIlvain and others. As for we the spectators, sit back, pour a good glass of Merlot and enjoy the show. Better buy a few cases as this will be a long process unless the snakes start eating each other and work out plea bargains.
What are your thoughts on FCPA? Paying off the UCI and Verbruggen. Also Witness tampering... although I guess that could be covered suborning perjury. There may be others then just Stephanie that this applies to.
 
Nov 20, 2010
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Berzin said:
Should that bum Chris Carmichael be insulted that he wasn't invited to this little Federally-sponsored shindig?

I mean, after all, he IS Lance Armstrong's coach and all...

At least that's what the Carmichael Training Systems brochure says...:p
I actually forgot all about Carmichael. The US Attorney can subpoena his confidential settlement agreement with Greg Strock. Carmichael has a business interest with Armstrong, CTS, and thus an interest in keeping Lance's secret, secret. Does anyone know if Carmichael has been before the Grand Jury?
 
Nov 20, 2010
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Race Radio said:
What are your thoughts on FCPA? Paying off the UCI and Verbruggen. Also Witness tampering... although I guess that could be covered suborning perjury. There may be others then just Stephanie that this applies to.
FCPA? That's a possibility. FCPA is designed to punish corporations and businesses for engaging in certain practices. Tailwind is a business and Lance now knows he has an ownership interest. Time will tell, eh?

Witness tampering does indeed go beyond just perjury issues. It will be interesting to find out if these guys have been under wiretap surveillance and for how long. All their emails and text message are obtainable via supboenas to ISPs.
 
Aug 13, 2009
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Cimacoppi49 said:
FCPA? That's a possibility. FCPA is designed to punish corporations and businesses for engaging in certain practices. Tailwind is a business and Lance now knows he has an ownership interest. Time will tell, eh?
.
It can also be used against individuals working independently of a company. The UCI bribe fits very well but I would think getting any direct evidence would be hard.
 

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