Former US Postal Service rider appears likely to provide details
Former US Postal Service rider Tyler Hamilton appears increasingly likely to give evidence to those investigating claims made by Floyd Landis that doping was widely used on the team.
Chris Manderson, a lawyer representing the former professional, told ESPN that he is speaking to federal prosecutors in order to determine the terms under which the 39 year old would cooperate. The goal is to “work out ground rules and arrange a situation where Hamilton can speak confidentially and give them the information they need.”
Hamilton competed with the team from 1996 to 2001, riding three Tours in a supporting role for Lance Armstrong. Landis joined the team in 2002 so the two were not team-mates, but between them the two riders could provide details as to how the team was run over a long period of time.
Manderson declined to say whether Hamilton had received a subpoena to testify.
The Marblehead rider had a controversial career, testing positive for a blood transfusion in the 2004 Vuelta a España while racing with the Phonak team. He also gave a positive A sample for a transfusion in the 2004 Olympic Games, where he won the time trial, but was not sanctioned for that offence as the B sample was incorrectly stored and could not validate the initial finding.
The rider insisted he was innocent but was served a two year suspension. He then competed with Tinkoff Credit Systems team in 2007 and Rock Racing in 2008. He again tested positive in early 2009 and ended his career, incurring an eight year suspension for using a substance containing the banned steroid DHEA. He claimed it was in anti-depression medication he was taking at the time.
Earlier this month, Hamilton confirmed to the Wall Street Journal that he would give evidence if required to do so. “I am aware that there is an investigation of other people in progress, and if I am subpoenaed to provide information, I will provide my full cooperation,” he said via an email message.
According to ESPN, the Los Angeles-based lawyer Zia Modabber has confirmed that he has also been in contact with the chief investigator Jeff Novitzky about his client, former USPS rider George Hincapie. Novitzky is a federal agent and former IRS employee, and played a leading role in the BALCO investigation.
Hincapie raced with the team from 1997 to 2004, and then with it successor, Discovery Channel, from 2005 to 2007. He was the only rider to back Armstrong for all seven of his Tour wins. Modabber declined to give any specifics about what was discussed, but previously told the Wall Street Journal that his priority was to ensure that Hincapie could concentrate on the Tour de France.
“My desire is to let George do his job with as few distractions as possible,” he said. The Tour finishes on Sunday.
It has been reported that several unnamed riders have already spoken to Novitzky. He and chief prosecutor Douglas Miller have the power to subpoena individuals to give evidence.
The investigation was sparked off when Landis sent a series of emails to cycling bodies and anti-doping agencies earlier this year. Amongst his allegations was that Armstrong and former US Postal team manager Johan Bruyneel had both promoted and facilitated the use of banned substances by other riders on the team, and that Armstrong had used EPO, blood transfusions and other substances in taking at least some of his Tour victories.
It was also claimed that the UCI was paid large sums of money to cover up a positive test by Armstrong during the 2001 Tour de Suisse. The Texan has denied the allegations, while the UCI has admitted it received money from the rider but denied that was anything other than a donation to the fight against doping.
Triple Tour de France winner Greg LeMond has been served a subpoena, and must produce documents related to his breach of contract case against the Trek Bicycle Corporation by July 30. He has welcomed the chance to be involved in the investigation.
Those familiar with the case have said that riders who cooperate are unlikely to be prosecuted for any past use of banned substances.
Prosecutors are currently trying to determine what role Armstrong played in the team. He was long understood to have a large say in how things were run and also to have part-ownership. In 2005, the Texan confirmed that he had a stake of around ten percent when questioned in relation to a lawsuit brought against SCA Promotions, who had withheld bonus payments.
He contradicted that statement recently, saying he was never an owner of the team. If it is proven that his role was more than that of a mere rider, the investigation would be far more serious for him, and could potentially lead to fraud charges.
According to ESPN, investigators are looking for bank and tax records plus any other evidence of financial transactions, as well as details that would determine the hierarchy on the team. It said that investigators have already interviewed a number of cooperating witnesses, both riders and other employees.
It quoted a source as saying that these initial inquiries are laying the groundwork for what will come next. “Part of the preliminary investigation is trying to determine up from down. You don’t want to give them a misdemeanor and then find out later that, oops, he was actually a shot caller and then you’re screwed,” the source told ESPN. “You want to get the structure.”
Meanwhile The Daily Journal has reported that the seven-time Tour winner has hired criminal defense attorney Bryan D. Daly to represent him. Daly is a partner at the firm Sheppard Mullin Richter and Hampton, and previously worked as a federal prosecutor.