Legal battle heats up
Legal representatives for Lance Armstrong have complained to the federal prosecutor investigating the inquiry into the seven-time Tour winner and his former team, expressing frustration about ongoing leaks to the media.
His attorney Tim Herman sent a letter yesterday to Assistant U.S. Attorney Douglas Miller about the matter, following up on contact between them less than two weeks ago when the same message was conveyed.
According to AP, the letter quotes Herman as saying that it is “especially unfair to subject Mr. Armstrong to this continuing media blitz when he is in the middle of his final Tour de France.”
It also quotes him as being “extremely frustrated” that since that initial communication, the leaks have intensified.
However it is not certain that those investigating the case are the source of the information. Both Miller and chief investigator Jeff Novitzky have been tight-lipped about the inquiry, and so there is a chance that the details are coming from elsewhere.
Armstrong’s former team-mate Floyd Landis sparked off the investigation when he 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 governing body has conceded that he made payments to them, and has appeared vague about their timing, but its president Pat McQuaid has said that there was no sinister motive to them.
The Texan has denied the allegations.
A number of un-named witnesses have been reported as co-operating with the investigation and subpoenas have been issues. Amongst those summoned to appear are triple Tour winner Greg LeMond, who has claimed that an effort was made to pay a substantial bribe to a former team-mate to lie and say that he took EPO. Velonation previously heard this rumour from two different sources, with one of those making the claim a year ago. In fact, two former team-mates are said to have been approached by Armstrong or his representatives.
Landis previously lied about his own doping and is, alone, a witness who may find it difficult to be believed in a court of law. However if his testimony is corroborated by others, the case becomes far more serious for Armstrong and his entourage.
Novitzky is also thought to be looking into money movements and is likely to investigate tax matters pertaining to the former USPS team. Fraud charges are a possibility in the case.
Herman requested a meeting with Miller but the latter refused to discuss the investigation.
“It is egregiously unfair and frustrating for New York reporters to have far more knowledge about this matter than Mr. Armstrong or his attorney,” he wrote in his letter.
Meanwhile he confirmed to FanHouse yesterday that he has spoken to defence lawyers who were involved in the BALCO inquiry, where Novitzky was the chief investigator.
“I wanted to talk to some people who had some experience with him,” Herman said. “All I really came away with was the BALCO template. I don’t know if it will help me, but nobody on the government side is willing to share what’s going on.”
Novtizky is regarded as an extremely tenacious investigator, but was criticised during the Balco investigation by those representing those he was seeking to prosecute.
Co-founder of Balco Victor Conte is one of those who was dismissive of Novitzky. “I think [the Armstrong investigation] is another witch hunt,” he told FanHouse. “This is going to be another trophy for Jeff Novitzky. After an investigation into BALCO that costs millions, he’s going to start up a whole new BALCO. I’m not saying anybody did or didn’t do drugs, but there has to be a cost-benefit analysis. Really, enough is enough.”
However Conte has a reason to feel aggrieved; he pleaded guilty in July 2005 to one count of conspiracy to distribute steroids and a second count of laundering a portion of a check, and was sentenced to spend four months in prison and another four on house arrest.
He admitted to ABC’s Martin Bashir in December 2004 that he had run an extensive doping programme, and implicated competitors such as five-time Olympic gold medalist Marion Jones, her partner Tim Montgomery, Kelli White, British athlete Dwain Chambers, and NFL player Bill Romanowski.
Novitzky has been lauded by US Anti-Doping Agency CEO Travis Tygart, who are also looking into the USPS claims. “Jeff has an undying commitment to justice,” he said. “He’s very thoughtful and obviously tenacious, but I also think he’s overly fair and compassionate.”
The World Anti Doping Agency has said that the inquiry is a ‘fruitful’ one, and that it expects results in time.