UCI, McQuaid & Verbruggen in lawsuit against Landis

[Race Radio]

See my post #16, where I quoted Python. It's pretty clear this lawsuit is over Floyd's charge that UCI protected certain riders. The CN story makes the same point. Since the UCI had earlier threatened to sue if Floyd didn't retract, their suit now can be assumed to be over this issue. Anyone concerned would surely interpret it this way.

Isn't this well known? Haven't Members of the Bio Passport committee said that the UCI told them that some riders are off limits?

 

[MarkvW]

participate

No, it's the UCI who needs to prove that they have suffered damages, it is not up to Floyd to prove that they did not suffer any damages

Right. But Floyd has to participate in an expensive lawsuit to get to that point. If Floyd doesn't participate, everything plaintiffs say is unrebutted.

 

[biopass]

Isn't this well known? Haven't Members of the Bio Passport committee said that the UCI told them that some riders are off limits?

+ they were not tested during the tour? (if i remember correctly).

 

[MarkvW]

presumed

So he was lying when he didn't say he doped, and he's lying when he did say he doped. So basically there's nothing whatsoever he can do. Once someone tells lies in your eyes, that's them done for life, even when they do come out and reveal all. Some fair logic behind that one.

He's at the stage where if he swore it was raining outside, I would surely believe him--but only after I looked outside and verified it was raining.

 

[Dr. Maserati]

Isn't this well known? Haven't Members of the Bio Passport committee said that the UCI told them that some riders are off limits?

I wonder what is taking so long on these "2 remaining riders" whose Bio Passports showed an abnormal profile? To add, these are suspicious profiles from December 2009.

UCI Press Release 17th August 2010.

• As for the other two riders, the procedure is still in progress. The time lapse between the discovery of an abnormal profile and the opening of a disciplinary proceedings is sometimes longer than one would like, but that is mainly because the biological passport is an avant-garde, sophisticated tool, which the UCI is the first Federation to have introduced. The management of a case brought to light by the biological passport is more complex than a case discovered during a classic test. Moreover, the respect of confidentiality rules, to which the UCI must conform under the World Anti-Doping Code, does not allow for any mystery or manoeuvre aiming to hide anything whatsoever. The World Anti-Doping Agency (WADA) has been informed of the management of the two cases mentioned above.

 

[Dr. Maserati]

He's at the stage where if he swore it was raining outside, I would surely believe him--but only after I looked outside and verified it was raining.

His word is good enough for the Feds.

 

[brianf7]

And which Court is it going to be heard in CAS the UCI controled court who have their own Judges or a proper Judge in a independant Court .
i.e will Pat use the Court in Irland .

 

[Race Radio]

Is the UCI going so sue Willy Voet too?

"The thing which worked above all else when going to the dope control was to be one of the greats. Like borrowing from a bank which only lends money to the rich, and which gives flowers to its best customers, a famous cyclist had a lot more chance of dodging the system. That's how it is, the effects of celebrity extend to the edge of a toilet seat in a dope-control caravan. Even the doctors would be impressed at the thought of being with one of the stars, if only for a few minutes: time for an autograph, a handshake, a kind word, a smile. A star could be caught red-handed and not have to pay the price."

 

[MarkvW]

bs call

His word is good enough for the Feds.

I call BS on that one.

 

[Race Radio]

I call BS on that one.

And you would be wrong

 

[Dr. Maserati]

I call BS on that one.

Of course you would - and of course you would be wrong.

From last May right at the beginning of the investigation:

"They're in regular communication," said a source close to the situation who insisted on anonymity. "Daily, several times a day. The feds are waiting to see who comes forward."

 

[flicker]

And you would be wrong

Here (Floyd Landis)is a Man with zero credibility, a documented cheater, an advocate for legalizing PEDs, a charlatan, blackmailer, hero in the CLINIC, and a very bad author.
Good on the UCI and putting that bad apple Floyd(second best bike racer from Pennsylvania after a certain Joe Papp,)Landis in a court of slander in Suisse. Hopefully if Floyd(I am going to tell your dirty little secrets to the world, and will excite the little boys in the CLINIC) Landis hasn't had his passport revoked by court time, he can do a double header trial and fess up to computer hacking charges in France.
Really, I am fed up with Floyd. I can actually understand why he dislikes the organization, Armstrong, pro cycling etc. I really get his point. I feel for him with those issues.
What I do not get is why he would want to ruin and sully the sport of cycling for the average cyclingfans and the cycling promoters. Obviously here he is a hero for many. Verbruuggen and McQuaid are right to sue him, Floyd is past his due date, needs to be rubished. His humor appeal has faded, he really needs to get a job and buy his own dog food. Floyd is really the weakest link,G'bye.

 

[User Guide]

Here (Floyd Landis)is a Man with zero credibility, a documented cheater, an advocate for legalizing PEDs, a charlatan, blackmailer, hero in the CLINIC, and a very bad author.
Good on the UCI and putting that bad apple Floyd(second best bike racer from Pennsylvania after a certain Joe Papp,)Landis in a court of slander in Suisse. Hopefully if Floyd(I am going to tell your dirty little secrets to the world, and will excite the little boys in the CLINIC) Landis hasn't had his passport revoked by court time, he can do a double header trial and fess up to computer hacking charges in France.
Really, I am fed up with Floyd. I can actually understand why he dislikes the organization, Armstrong, pro cycling etc. I really get his point. I feel for him with those issues.
What I do not get is why he would want to ruin and sully the sport of cycling for the average cyclingfans and the cycling promoters. Obviously here he is a hero for many. Verbruuggen and McQuaid are right to sue him, Floyd is past his due date, needs to be rubished. His humor appeal has faded, he really needs to get a job and buy his own dog food. Floyd is really the weakest link,G'bye.

Absolutely they'd be right to sue him,IF what he has said about them is untrue.If it is true then they are turkeys voting for Xmas.


As a sidenote if Armstrong did roll over,could Landis then sue the UCI for "malitcious Litigation" ?????

 

[mmedeast]

Here (Floyd Landis)is a Man with zero credibility, a documented cheater, an advocate for legalizing PEDs, a charlatan, blackmailer, hero in the CLINIC, and a very bad author.
Good on the UCI and putting that bad apple Floyd(second best bike racer from Pennsylvania after a certain Joe Papp,)Landis in a court of slander in Suisse. Hopefully if Floyd(I am going to tell your dirty little secrets to the world, and will excite the little boys in the CLINIC) Landis hasn't had his passport revoked by court time, he can do a double header trial and fess up to computer hacking charges in France.
Really, I am fed up with Floyd. I can actually understand why he dislikes the organization, Armstrong, pro cycling etc. I really get his point. I feel for him with those issues.
What I do not get is why he would want to ruin and sully the sport of cycling for the average cyclingfans and the cycling promoters. Obviously here he is a hero for many. Verbruuggen and McQuaid are right to sue him, Floyd is past his due date, needs to be rubished. His humor appeal has faded, he really needs to get a job and buy his own dog food. Floyd is really the weakest link,G'bye.

What are you taking? What ever it is, it is working. Floyd's done more damage to cycling by speaking out than anyone else has by using PED's, allowing PED's to be used, requiring PED's to be used, covering up the use of PED's, etc? Come on. Cycling - cyclists, teams, owners, managers, directors, the UCI, commentators and just about anyone involved in the sport has done as much to harm it as Floyd has.

Any current rider who has been suspended recently or tested positive for any PED (including Clen) is more harmful to this sport that Floyd could ever be. Why? Because these idiots are cheating when they know they are going to get caught and that public perception is not going to be "Oh well, that's just how things are done in cycling". The cycling public seems to have had it with the excuses and bull**** reasoning that "everyone" does it.

Further, when the UCI decides repeatedly to enforce idiotic moves like a race radio ban, what type of helmet is legal, what logo's you can have on equipment, how much you have to pay to be a team, etc... the public gets tired of listening. This means that they buy less from sponsors because they've had it. Who cares what bike any rider uses, he's doped any ways. Who cares what helmet riders wear if you have to have a stupid UCI sticker on it, who cares who's on what team if it looks like is all just bribery payments anyways.

No, Floyd isn't the problem here. I'd say that cycling as a whole is the problem and unless they want to continue to die the death of a thousand cuts, they should probably start with a few things.
1. Lifetime bans for first time offenders of specific PED's (EPO, HGH and the like).
2. Give everyone the same damn set of rules and regulations to follow. From the lowliest assistant to the President of the UCI, you break the rules, your out.
3. Have some transparency. Make drug tests available for everyone to see. What are they hiding anyways. If you have nothing to hide, what do you care if your drug screen is posted on line with your name on it?
4. Balance out the financial situation and make it so that it's a fair system to become a major team with graduated financial levels that are clearly stated so that people can figure out what they qualify to be before they start the process.
5. Start listing salaries for everyone involved in cycling. From Fat Pat to the guy who picks up the riders underwear at the hotel after they leave.
6. Open up the books about all testing from previous years. Name names, places etc.
7. Give the riders a voice in some decisions, don't make them do stupid things like have a protest at a race on the day of the race and **** off fans that are there to watch them race.
8. Come up with a better points system in the races themselves to make individuals actually want to race a bit, instead of cow-towing to some jerk who's to old and fat to race anymore screaming at them from a car in the back of the race.
9. Invite the fans into some of the decision making processes. Especially those things that apply directly to the fans.
10. Come up with better worldwide TV distribution and marketing. Huge markets just wasting away in China and the US. Include race radio chatter on the internet for your favorite team, or on the TV.

Well that got bigger than I intended.

 

[flicker]

What are you taking? What ever it is, it is working. Floyd's done more damage to cycling by speaking out than anyone else has by using PED's, allowing PED's to be used, requiring PED's to be used, covering up the use of PED's, etc? Come on. Cycling - cyclists, teams, owners, managers, directors, the UCI, commentators and just about anyone involved in the sport has done as much to harm it as Floyd has.

Any current rider who has been suspended recently or tested positive for any PED (including Clen) is more harmful to this sport that Floyd could ever be. Why? Because these idiots are cheating when they know they are going to get caught and that public perception is not going to be "Oh well, that's just how things are done in cycling". The cycling public seems to have had it with the excuses and bull**** reasoning that "everyone" does it.

Further, when the UCI decides repeatedly to enforce idiotic moves like a race radio ban, what type of helmet is legal, what logo's you can have on equipment, how much you have to pay to be a team, etc... the public gets tired of listening. This means that they buy less from sponsors because they've had it. Who cares what bike any rider uses, he's doped any ways. Who cares what helmet riders wear if you have to have a stupid UCI sticker on it, who cares who's on what team if it looks like is all just bribery payments anyways.

No, Floyd isn't the problem here. I'd say that cycling as a whole is the problem and unless they want to continue to die the death of a thousand cuts, they should probably start with a few things.
1. Lifetime bans for first time offenders of specific PED's (EPO, HGH and the like).
2. Give everyone the same damn set of rules and regulations to follow. From the lowliest assistant to the President of the UCI, you break the rules, your out.
3. Have some transparency. Make drug tests available for everyone to see. What are they hiding anyways. If you have nothing to hide, what do you care if your drug screen is posted on line with your name on it?
4. Balance out the financial situation and make it so that it's a fair system to become a major team with graduated financial levels that are clearly stated so that people can figure out what they qualify to be before they start the process.
5. Start listing salaries for everyone involved in cycling. From Fat Pat to the guy who picks up the riders underwear at the hotel after they leave.
6. Open up the books about all testing from previous years. Name names, places etc.
7. Give the riders a voice in some decisions, don't make them do stupid things like have a protest at a race on the day of the race and **** off fans that are there to watch them race.
8. Come up with a better points system in the races themselves to make individuals actually want to race a bit, instead of cow-towing to some jerk who's to old and fat to race anymore screaming at them from a car in the back of the race.
9. Invite the fans into some of the decision making processes. Especially those things that apply directly to the fans.
10. Come up with better worldwide TV distribution and marketing. Huge markets just wasting away in China and the US. Include race radio chatter on the internet for your favorite team, or on the TV.

Well that got bigger than I intended.

I like your ideas, very positive. Obviously you are more than a casual fan.
It would take a lot to clear out the grifters in the sport, but it would be a completely different sport. I think the anti-doping thing, as far as the UCI goes is doing what they can and I believe they are on the right track.
The general consensus here and Floyds' thoughts agree to burn pro cycling down. What a negative thought practice, why watch if your only purpose is to point the finger saying cheater, cheater like a schoolboy. Veterans like myself understand the game.
So what is their the (CLINIC PEOPLE)idea, stop the giro, tour,vuelta hard short stage races,and classics?
Floyd has done his job, he exposed many. He needs to sit down now and be held accountable for his own actions. I can't help but like him, but he and the others need to be a part of history, including those he exposed.

 

[Ferminal]

http://sports.espn.go.com/oly/cycling/news/story?id=6478523

"All I can hope is that cycling fans are starting to understand why I was afraid to tell the truth five years ago after winning the Tour de France," Landis said in a statement emailed to ESPN.com Wednesday. He said he has not been formally served or otherwise notified of any lawsuit.

In a telephone interview with ESPN.com's Bonnie D. Ford on Wednesday night, Landis said he was "baffled" at how any such lawsuit could go forward in Switzerland.

"I never made a statement about this outside California," he said.

He added that the UCI's announcement prompted offers of assistance from several lawyers he has worked with previously and said he is prepared to fight back, including, if necessary, countersuing and taking depositions from riders and cycling officials who would corroborate his accusations.

"I don't see any upside for them," Landis said of the UCI's legal action, noting that he remains unemployed and broke and thus unable to pay any kind of monetary settlement. He said he would be reluctant to drag other riders into the crossfire and would do so only if forced to.

"If [the UCI] is trying to intimidate me, they're not intimidating me at all," he said.

 

[Granville57]

http://sports.espn.go.com/oly/cycling/news/story?id=6478523

This one won't quite make it past the word filter intact:
http://twitter.com/#!/GreyManrod/status/65815945364504576

This one will, however:
http://twitter.com/#!/GreyManrod/status/65918907176845313

Well I was going to leave them to do their race but now I'm having a press conference at the Tour of CA.

Does the UCI like having Floyd back on the front page of all the major cycling websites? It's all their doing this time around. My money is on Floyd.

 

[Benotti69]

This one won't quite make it past the word filter intact:
http://twitter.com/#!/GreyManrod/status/65815945364504576

This one will, however:
http://twitter.com/#!/GreyManrod/status/65918907176845313


Does the UCI like having Floyd back on the front page of all the major cycling websites? It's all their doing this time around. My money is on Floyd.

Of course it could all be to take the heat of other 'things' and give the cycling media something to write about rather than other 'things'.

 

[frenchfry]

I see this as a testament to Verdruggen's arrogance. His majesty is not amused.

It shouldn't be hard for Grey Manrod to turn this against the UCI. He only has to show how Verdruggen/UCI accept (then attempt to hide) "contributions" from active riders they are supposed to be regulating. The favoritism shown in the handling of the Mercury non-payment of salaries should also be a strong point in Floyd's favor.

Maybe Pound could shed a little light on the issue. He must know a thing or two about the workings of the system and this would be an excellent opportunity to get some payback.

In any case, there is lots of good material in the clinic for Grey Manrod to work with. Should be a no brainer.

Like many others, I just don't see what Verdruggen and Fat Pat hope to gain by this, unless they are under orders from their best customer.

 

[Ferminal]

This one won't quite make it past the word filter intact:
http://twitter.com/#!/GreyManrod/status/65815945364504576

This one will, however:
http://twitter.com/#!/GreyManrod/status/65918907176845313


Does the UCI like having Floyd back on the front page of all the major cycling websites? It's all their doing this time around. My money is on Floyd.

Nice ones... I must have missed those when I woke up.

I like it how Bonnie's article states Floyd has had offers for legal help etc, does this mean Chade O. Grey gets the axe?

 

[Nick777]

Floyd's statement.

One year ago, for the sake of my conscience, I admitted to having lied about having used (performance-enhancing drugs) during my cycling career. There was no doubt in my mind that I’d face retribution by those who stood to lose when faced with the exposure of their fraud.

Having felt the vitriol and invective directed at those who must bear the scarlet “D” for being exposed, I met with USADA and pled with them to subject none of my former colleagues to this opprobrium but rather to offer confidentiality and immunity to those who came clean and who offered a glimpse into the corruption within cycling. In return for turning on many of my former friends and colleagues I was assured that they’d be granted lenience and never have to suffer for my actions or theirs. Indeed in recent discussions I’ve learned that many of them have chosen to clear their conscience and have confirmed to USADA many of the allegations that I’ve made which were written off by the perpetrators of the fraud as “sour milk.”

However in light of the UCI’s attempt to collect defamation damages against me and the resulting necessity to have to defend myself, I now will have no choice but to depose those cyclists and expose them and for that I’m deeply sorry. I had hoped that in spite of whatever any current Federal cases may expose, as few of them as possible would need to speak publicly or testify, but it has become clear that the leaders of cycling will destroy anyone who stands in the way of covering their crimes.

The defamation suit filed today by the cycling leadership is nothing short of witness intimidation and a terrorist tactic designed to take away from me one of Americans’ most highly valued rights. So while the clouded version of freedom of speech offered to Europeans has allowed them to bully others into subservience in the past, it will only serve to strengthen my resolve to expose them as the criminals that they are.


Could this be the UCI's worst move yet?

http://velonews.competitor.com/2011...-defense-against-uci-defamation-claims_171051

 

[Ferminal]

Floyd's statement.

One year ago, for the sake of my conscience, I admitted to having lied about having used (performance-enhancing drugs) during my cycling career. There was no doubt in my mind that I’d face retribution by those who stood to lose when faced with the exposure of their fraud.

Having felt the vitriol and invective directed at those who must bear the scarlet “D” for being exposed, I met with USADA and pled with them to subject none of my former colleagues to this opprobrium but rather to offer confidentiality and immunity to those who came clean and who offered a glimpse into the corruption within cycling. In return for turning on many of my former friends and colleagues I was assured that they’d be granted lenience and never have to suffer for my actions or theirs. Indeed in recent discussions I’ve learned that many of them have chosen to clear their conscience and have confirmed to USADA many of the allegations that I’ve made which were written off by the perpetrators of the fraud as “sour milk.”

However in light of the UCI’s attempt to collect defamation damages against me and the resulting necessity to have to defend myself, I now will have no choice but to depose those cyclists and expose them and for that I’m deeply sorry. I had hoped that in spite of whatever any current Federal cases may expose, as few of them as possible would need to speak publicly or testify, but it has become clear that the leaders of cycling will destroy anyone who stands in the way of covering their crimes.

The defamation suit filed today by the cycling leadership is nothing short of witness intimidation and a terrorist tactic designed to take away from me one of Americans’ most highly valued rights. So while the clouded version of freedom of speech offered to Europeans has allowed them to bully others into subservience in the past, it will only serve to strengthen my resolve to expose them as the criminals that they are.

Could this be the UCI's worst move yet?

Do you have a link for it?

Seems like he means business... What he is suggesting would lead us to believe that he actually has evidence of certain activities, which he did in fact use to convince the authorities. Now he wants to go public with it?

 

[Tangled Tango]

"Its current President, Mr Pat McQuaid, and one of its former Presidents, Mr Hein Verbruggen, have lodged a case in the Swiss courts against Mr Floyd Landis regarding repeated, serious attacks against their characters"

I think they've done plenty over the last ten years to impugn their own characters beyond repair, without any help from anyone else.

You can hardly make two chumps like McQuaid and Verbruggen look any worse than they managed by themselves - they are both a disgrace to our sport.

Exactly! They are now simply carrying out the time worn tradition of trying to kill the messenger. Unfortunately the majority of cycling fans have never even heard of these guys, nor their involvement in support of cycling´s omerta. Yet they stay in power, call the shots and pick their replacements. They probably consulted LA for advice.

 

[Barrus]

No, this is not the UCI's worst move, but is indicative of the lack of knowledge of the law by Landis.

In a telephone interview with ESPN.com's Bonnie D. Ford on Wednesday night, Landis said he was "baffled" at how any such lawsuit could go forward in Switzerland.

"I never made a statement about this outside California," he said.

statements published on the internet are available everywhere and are public everywhere (at least according to the majority of legal systems in the world). This means that statements put online anywhere, or are, with the knowledge of the person who uttered them, put online can result in damage everywhere. A case of defamation can, in most legal systems, be tried in the state where the damages occur, as well as in the place where the damaging act took place. Which means that McQuaid could have started this case anywhere.

This means that:

The defamation suit filed today by the cycling leadership is nothing short of witness intimidation and a terrorist tactic designed to take away from me one of Americans’ most highly valued rights. So while the clouded version of freedom of speech offered to Europeans has allowed them to bully others into subservience in the past, it will only serve to strengthen my resolve to expose them as the criminals that they are.

He is awarded the same protection of freedom of speech as any other in Switzerland and not in the same manner as his freedom of speech would be protected in the US. Calling this witness intimidation and a terrorist tactic is grossly overstating the situation and truly does not do any good for Landis

Also this:

He added that the UCI's announcement prompted offers of assistance from several lawyers he has worked with previously and said he is prepared to fight back, including, if necessary, countersuing and taking depositions from riders and cycling officials who would corroborate his accusations.

Only has effect in the case where these lawyers are Swiss lawyers who can practice in Switzerland

 

[fmk_RoI]

I'm reminded of fmk's take on the UCI's constant fight-picking. Although this particular effort may well be so pointless as to alienate some of those whom McQ is trying to rally around him.

Prob should have added UCI lawsuits in that. Am aware of two, the one after the Festina trial, where all those edu leaflets finally came in handy, and the one against Voet which they won. Anyone aware of others?