Which rules govern the various charges
Cal_Joe said:
Found a paper copy of a 2004 protocol in my files - section 10.4.2 of that version has the 4 years to life ineligibility period for trafficking.
As far as your other questions go, I think we are on new ground here and any issues about protocol changes/dates may not have ever been a previous issue.
If there have been rule changes that might come into play during the periods USADA is hinting at, I expect the LA team will press that quite hard.
USADA addresses this and makes clear which rule-sets they'll be applying.
Rules applicable to use and/or attempted use of prohibited substances or methods include:
UCI ADR 2 (1997-2000); UCI ADR 130 (2001-2004); UCI ADR 15.2 (2005-2008); UCI ADR 21.2 (2009-present); and Code Article 2.2 (2003-present);
Rules applicable to the possession of prohibited substances and/or methods include:
UCI ADR 135 (2001-2004); UCI ADR 15.6.1 (2005-2008); UCI ADR 21.6.1 (2009-present); and Code Article 2.6.1 (2003-present);
Rules applicable to trafficking include:
UCI ADR 135 (2001-04); UCI ADR 15.7 (2005-2008); UCI ADR 21.7 (2009-present); and Code Article 2.7 (2003-present);
Rules applicable to administration and/or attempted administration include: UCI ADR 54, §1-2 (1997-2000); UCI ADR 133 (2001-2004); UCI ADR 15.8 (2005-2008); UCI ADR 21.8 (2009-present); and Code Article 2.8 (2003-present);
Rules applicable to assisting, encouraging, aiding, abetting, covering up and other complicity involving one or more anti—doping rule violations and/or attempted anti—doping rule violations include:
each of the above listed provisions and UCI ADR 54, §1-2 (1997-
2000); UCI ADR 133 (2001-2004); UCI ADR 15.8 (2005-2008); UCI ADR 21.8 (2009-present); Code Article 2.8 (2003-present); and
Rules applicable to aggravating circumstances include:
UCI ADR 305 (2009-present) and Code Article 10.6 (2009-present).
For a violation that took place under the 2003 terms of the Code but wasn't charged until after the 2009 version was adopted, the athlete is supposed to receive the lesser sanction, if there's a difference b/w the penalty under the two periods, iirc.
Handy to note:
"
The 2009 Code provides for an increase of sanctions in doping cases involving aggravating circumstances such as being part of a large doping scheme, the athlete having used multiple prohibited substances or a prohibited substance on multiple occasions, or the athlete engaging in deceptive or obstructing conduct to avoid the detection or adjudication of an anti-doping rule violation. Aggravating circumstances also include situations in which a normal individual would be likely to enjoy the performance-enhancing effects of the anti-doping rule violation(s) beyond the otherwise applicable period of ineligibility."
Presences of aggravating circumstances, in addition to charges of both Trafficking (2.7) and Administration of Prohib Substance/Method ensures USADA will be able to legitimately argue for lifetime bans for the conspirators.
In the 2003 Code, the minimum ban for trafficking or administration was four years, up to lifetime ineligibility...and it clearly states in the 2003 Code as well that accused who are involved in the doping other athletes or covering up violations should be subject to sanctions that are more severe than those meted out for a simple analytical positive.
What's funny though is reading the 2003 version of the Code, it looks like the violations Lance is accused of would be considered as one single first violation (rather than multiple violations) - but because of the trafficking charge, he can still face lifetime ban. So it all adds up to one long-running single violation, in terms of assessing penalties - I think lol.
It'll be interesting to see if the cases brought against the witnesses who testify against Lance are affected by the fact that:
"Incentives to come forward have also been strengthened.
The potential extent of the suspension of an ineligibility period (one-half of the otherwise applicable ineligibility period in the 2003 Code) has been enhanced to three-quarters of the otherwise applicable ineligibility period in the 2009 Code, for substantial assistance to an anti-doping organization, criminal authority or professional disciplinary body which results in the anti-doping organization discovering or establishing an anti-doping rule violation by another person or which results in a criminal or disciplinary body discovering a criminal offence or the breach of professional rules by another person.
In addition, where an athlete or other person admits voluntarily to committing an anti-doping rule violation prior to receiving notice of a sample collection which could establish an anti-doping rule violation, or in circumstances where no anti-doping organization is aware that an anti-doping rule violation might have been committed, the period of ineligibility may be reduced, but not below one-half of the period of ineligibility otherwise applicable."
You can find the
2003 WADA Code here:
http://www.wada-ama.org/Documents/W...Review/1st_Consultation/WADA_Code_2003_EN.pdf
You can find the
2009 WADA Code here:
http://www.wada-ama.org/Documents/W...DP-The-Code/WADA_Anti-Doping_CODE_2009_EN.pdf
Berzin said:
You're not a moderator, so spare me the sanctimonious tripe.
Please stop respond to that grubby little troll. You thwart my efforts and undermine my ignore list when you quote him and I end up reading at least a few of his worthless words while identifying the quoted text as belonging to him. lol