USADA - Bruyneel, Celaya, Garcial del Moral, Ferrari, Marti

[martinvickers]

tbh I don't know if SOL was tolled and if so why against Bruyneel, but I doubt it will against Riis.

My understanding was lying on oath in relation to a previous investigation sort of invalidated SOL.

 

[MacRoadie]

tbh I don't know if SOL was tolled and if so why against Bruyneel, but I doubt it will against Riis.

On June 13, 2012, USADA charged Bruyneel, Armstrong's team director for all seven of the Texan's Tour de France victories from 1999 to 2005, Lance Armstrong, doctors Luis Garcia del Moral, Celaya, Marti and trainer Michele Ferrari with a host of violations including possession of prohibited substances and/or methods (including EPO, blood transfusions and related equipment, testosterone, hGH, corticosteroids and masking agents); trafficking of the aforementioned prohibited substances; administration and/or attempted administration of prohibited substances; and assisting, encouraging, aiding, abetting, covering up and other complicity involving one or more anti-doping rule violations.

http://www.cyclingnews.com/news/former-us-postal-riders-testifying-at-bruyneel-arbitration

No need to toll anything when Bjarne was likely up to his eyeballs in the exact same activities in the last eight weeks, never mind eight years...

 

[Netserk]

My understanding was lying on oath in relation to a previous investigation sort of invalidated SOL.

Yeah that (MR quoted it as covering up) is the difference between Bruyneel and Riis.

 

[MarkvW]

I think that the UCI has put Bruyneel and the others on double-secret probation.

 

[DirtyWorks]

I think that the UCI has put Bruyneel and the others on double-secret probation.

That is quite likely.

But, what nobody on the doping side imagined was the NADO (USADA) would be able to run their own sanction. That's what caught most of these dopers out. JB is dragging the sanction process out. If no-name riders with some money can do it, so can JB.

 

[Samson777]

ADD has nothing on Riis that isn't more than 8 years ago...

Perhaps this is why they keep stalling the decision. Maybe they want make anything public, without being able to give Riis some sort of punishment. This is also political and they need to "deliver" something. Or perhaps they just go old school and have decided, that a scandal should always be brought to light right around the time Le tour start. Like Fuentes, Festina ect. Who knows..

 

[Ventoux Boar]

That is quite likely.

But, what nobody on the doping side imagined was the NADO (USADA) would be able to run their own sanction. That's what caught most of these dopers out. JB is dragging the sanction process out. If no-name riders with some money can do it, so can JB.

I can understand the frustration at the no-doubt utterly cynical 'technical' nature of the appeal. (I happen to think universal legal protections are a decent price for a rules based life.) And given the tortuous nature of proceedings there's a non-zero chance that some kind of travesty may occur.

But do you think he'll ever work in the sport at the top level again? What sponsor would go near him? In that sense the judicial part of this process is doing its job within the limitations of natural justice.

(Obviously the historical performance of the detectives and prosecutors in this case was tragic.)

 

[gooner]

Bruyneel statement:

Today, the American Arbitration Association (the “AAA”) has issued a “decision” which purports to ban me from any participation in sport for 10 years.

http://www.johanbruyneel.com/blog/article/statement-johan-bruyneel-regarding-aaa-decision

 

[sniper]

tanx gooner, interesting.

I will shortly decide whether to keep up the fight or carry on and try to expose the hypocrisy of what USADA has put me and others through.

not "or", johan, "and"!
blow the lid off that cesspit!

 

[RobbieCanuck]

Bruyneel statement:

http://www.johanbruyneel.com/blog/article/statement-johan-bruyneel-regarding-aaa-decision

I think Bruyneel may have a very good argument about jurisdiction. I have not as yet read the AAA decision which I am sure USADA will release but consider this.

1. The United States Postal Service is an American governmental organization. Even though privatized, it is not a private company in the normal sense. It is like a public utility who still must comply with American law specifically passed for the purpose to govern making stamps and delivering mail, an official function of US government

2. The US government provides some funding to the USPS

3. The USPS Cycling Team was incorporated in the US.

4. The owners of the USPS Cycling Team were US corporations incorporated in the USA, namely Montgomerey Securities (later Weisel Partners), CS&E, and Lance Armstrong, an American citizen.

5. Bruyneel's contract of employment was with Tailwind Sports an American Company set up to manage USPS Cycling and in turn was owned by the same American companies. I suspect LA had some shares in Tailwind as well.

6. The source of the money for Bruyneel's salary was the USPS paid money to Tailwind who in turn paid Bruyneel his salary and probably in American dollars.

7. The USPS Cycling Team was licensed by USA Cycling.

8. Doping by riders on the USPS Cycling Team occurred both in Europe and also on US soil with the active encouragement of Bruyneel (aiding and abetting) so they could dominate American races.

9. USPS Cycling Team riders rode doped in US base cycling races while Bruyneel was DS and while Bruyneel was personally managing the team on US soil.

There has to be more linkage to USADA jurisdiction than the above, but this list is certainly a starting point. Feel free to challenge it.

On the other hand as Bruyneel points out he is a Belgian citizen living in the UK. The problem he will probably have is the Belgian ADA and UKAD will honour the AAA ruling in USADA's favour.

What Bruyneel forgot was to check out, was who he was getting in bed with when he signed on with USPS. His "defence" really sounds like "poor me"

 

[manafana]

good riddance to a man so unrepenting till curtains came down a puppet to lance anyway

 

[gooner]

8 year bans for Celaya and Marti.

http://www.usada.org/default.asp?uid=4580

 

[hrotha]

Is there any reason why they were handed these particular suspensions? It sounds like they could have picked the length at random. Why not ban them for life and be done with it?

 

[GJB123]

I think Bruyneel may have a very good argument about jurisdiction. I have not as yet read the AAA decision which I am sure USADA will release but consider this.

1. The United States Postal Service is an American governmental organization. Even though privatized, it is not a private company in the normal sense. It is like a public utility who still must comply with American law specifically passed for the purpose to govern making stamps and delivering mail, an official function of US government

2. The US government provides some funding to the USPS

3. The USPS Cycling Team was incorporated in the US.

4. The owners of the USPS Cycling Team were US corporations incorporated in the USA, namely Montgomerey Securities (later Weisel Partners), CS&E, and Lance Armstrong, an American citizen.

5. Bruyneel's contract of employment was with Tailwind Sports an American Company set up to manage USPS Cycling and in turn was owned by the same American companies. I suspect LA had some shares in Tailwind as well.

6. The source of the money for Bruyneel's salary was the USPS paid money to Tailwind who in turn paid Bruyneel his salary and probably in American dollars.

7. The USPS Cycling Team was licensed by USA Cycling.

8. Doping by riders on the USPS Cycling Team occurred both in Europe and also on US soil with the active encouragement of Bruyneel (aiding and abetting) so they could dominate American races.

9. USPS Cycling Team riders rode doped in US base cycling races while Bruyneel was DS and while Bruyneel was personally managing the team on US soil.

There has to be more linkage to USADA jurisdiction than the above, but this list is certainly a starting point. Feel free to challenge it.

On the other hand as Bruyneel points out he is a Belgian citizen living in the UK. The problem he will probably have is the Belgian ADA and UKAD will honour the AAA ruling in USADA's favour.

What Bruyneel forgot was to check out, was who he was getting in bed with when he signed on with USPS. His "defence" really sounds like "poor me"

What exactly is your point as you seem to be making conflicting points at the beginning and the end of your post (see bolded)?

I think this has been discussed in one of the many Armstrong-threads that under the WADA-code the ADA that actually discovers the violation has jurisdiction over it. In this case it was USADA who first learned about it through Landis and therefore has jurisdiction. If other people have a more detailed recollection, please feel free to add your thoughts.

 

[stutue]

But do you think he'll ever work in the sport at the top level again? What sponsor would go near him? In that sense the judicial part of this process is doing its job within the limitations of natural justice.

I was thinking this too, but then stranger things have happened. Riis is still hanging on in there isn't he? I know it isn't a good comparison.

Anyway. Its good news. Its also good that this news is in the news...... doesn't hurt to have a constant reminder to current DS staff and riders what can happen.

 

[Night Rider]

I think this has been discussed in one of the many Armstrong-threads that under the WADA-code the ADA that actually discovers the violation has jurisprudence over it. In this case it was USADA who first learned about it through Landis and therefore has jurisdiction. If other people have a more detailed recollection, please feel free to add your thoughts.

15.3 and 15.3.1 in this doc http://wada-ama.org/Documents/World...DP-The-Code/WADA_Anti-Doping_CODE_2009_EN.pdf

Armstrong tried to get the anti-doping hearing ruled invalid because of jurisdiction, the Judge ruled against Armstrong but if I recall only because he wouldn't be disadvantaged by having the hearing go ahead by USADA. From memory the ruling was because there were avenues open either at the hearing or afterwards where jurisdiction arguments could be brought up.

Per RobbieCanuck's comments Bruyneel would have a better chance than Lance of appealing on jurisdiction grounds, but I would assume if he appeals then CAS would run the next hearing.

 

[Carstenbf]

Why is Bruyneel any different to Martinelli, Amadio, Riis, Lefevere et al?

He won more! (or well his team did)

 

[wirral]

No decision as yet from Bruyneel as to whether he will take the case to CAS.

 

[Benotti69]

10 years is not enough. Bruyneel deserves a lifetime ban as do all the others.

 

[Race Radio]

Told you it was coming soon

Poor Johan. Mommy is going to be angry

 

[ChewbaccaD]

JB is nothing but a scummy drug dealer who paraded as a "tactical genius." That he didn't get a lifetime ban is a travesty.

 

[Scott SoCal]

10 years is not enough. Bruyneel deserves a lifetime ban as do all the others.

Agreed but it's effectively a lifetime ban. Unless the business model changes in pro cycling JB is done forever.

 

[Scott SoCal]

Told you it was coming soon

Poor Johan. Mommy is going to be angry

Poor Eva. How will JB keep up the lifestyle? Do they still live in London?

Pretty expensive there. He better hurry up and get his tell-all book written.

 

[Race Radio]

I think Bruyneel may have a very good argument about jurisdiction.

He has no argument. This has been proven over and over. Didn't work with Valverde and will not work with Johan.

 

[Race Radio]

Poor Eva. How will JB keep up the lifestyle? Do they still live in London?

Pretty expensive there. He better hurry up and get his tell-all book written.

The book will certainly be a best seller......but that will only put a small dent in his legal fees.

Fight, Johan, fight! Keep spending!