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Apologies if this has been posted. I scooted back a few pages and it didn't jump out at me.

I thought this was a really simple yet devilishly clever piece of work.

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It was brought to my attention by NotThatJasonKenny, but as he doesn't venture on here much these days I thought I'd share it on his behalf.
 

yello

Guest
I read with interest an article on USA Today this morning. An anonymous insider's take on team Armstrong's defence.

The strategy shows the tightrope of technicalities that Armstrong will seek to walk after the U.S. Justice Department announced Friday that it has joined a civil fraud case against Armstrong under the False Claims Act.
I'll summarise and paraphrase;

- statute of limitations will only put 2004 (the final year of USPS sponsorship) in the frame
- USPS were aware of drug use allegations, should have investigated but didn't
- the sponsorship deal was with Tailwind not Armstrong

http://www.usatoday.com/story/sport...e-armstrong-false-claims-act-defense/1947651/
 

yello

Guest
It seems I'm mistaken about something. I thought this whistleblower case was a essentially a civil matter (Landis & USPS v Arsmtrong et al) - it's not. Criminal charges can be brought too.

I had assumed that criminal charges might follow, depending on what happens in this case. My understanding was that normally civil and criminal matters are decided separately, in separate court cases. Not so in this case and the 2 can effectively run concurrently in the same trial. Whether this is a particularity of the False Claims Act (and whistleblower) or not, I don't know. So there you go. More to play for than I thought.
 
It seems I'm mistaken about something. I thought this whistleblower case was a essentially a civil matter (Landis & USPS v Arsmtrong et al) - it's not. Criminal charges can be brought too.

I had assumed that criminal charges might follow, depending on what happens in this case. My understanding was that normally civil and criminal matters are decided separately, in separate court cases. Not so in this case and the 2 can effectively run concurrently in the same trial. Whether this is a particularity of the False Claims Act (and whistleblower) or not, I don't know. So there you go. More to play for than I thought.
Ahh.. In which case the Federal interest looks much more sinister, perhaps they are just not bothered about the sponsorship argument, which is why Armstrong's team could not negotiate a settlement.
 

rich p

ridiculous old lush
Location
Brighton
It's amusingly ironic that Armstrong's defence is that the Feds should have started a case much earlier as it was blindingly obvious that USPS were on the dope!
 

Flying_Monkey

Recyclist
Location
Odawa
It's amusingly ironic that Armstrong's defence is that the Feds should have started a case much earlier as it was blindingly obvious that USPS were on the dope!

You really couldn't make it up. Years of insisting he was the most tested athlete, that after his cancer experience how could he possibly dope, that people were jealous of his success, that it was all those nasty anti-American Frenchies, and now his defence is 'come on, everyone knew I was doping'???
 
It's amusingly ironic that Armstrong's defence is that the Feds should have started a case much earlier as it was blindingly obvious that USPS were on the dope!

Goes back to the original fact that the federal case is against the team, not any individual on the team.

I am not sure how the "double jeopardy" system works in the US, but it is possible that if there are sanctions from the team investigation... can he be sanctioned again for the same offences?

There is also the difference in evidence. Civil and criminal cases require different levels of proof. It is entirely possible that the findings of the two may not agree!
 

Flying_Monkey

Recyclist
Location
Odawa
Goes back to the original fact that the federal case is against the team, not any individual on the team.

I notice you are entirely ignoring the fact that Armstrong is essentially saying that not only was he doping but that it was obvious and action should have been taken - which is, you will notice, rather similar to what we have all been arguing for a very long time and the opposite of what you were arguing.

You don't need to concede the point, I am just enjoying the irony.
 
I think we're heading for 'hang alone, or hang together' situation. The accused are all going to have to stick together and stick to the same story under oath. If one of them slips, or cuts a deal, the whole thing will fall apart. Be interested to hear the defendants' evidence to support the claim that their sponsors whould have known about drug use. I wonder whether we might learn how it is UP knew all and the likes of Nike and Oakley knew nothing when seeking to sponsor a great sporting icon.

I think the movie's guaranteed an oscar.
 
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