Fraud and conspiracy cases could mean tougher sentence, accused say Landis is not credible
The New York Times is reporting that the federal authorities in charge of the investigation into Floyd Landis's allegations against former teammate Lance Armstrong, and other prominent cyclists and figures in the sport, are considering whether they can expand the scope of the investigation. Currently the charges fall within traditional drug distribution, but they are looking into the possibility of tacking on additional charges of conspiracy and fraud.
If Landis has supporting evidence and the charges are upgraded to include fraud and conspiracy, the sentences could be more severe than if it were only for distribution of drugs. The authorities are trying to determine whether or not Armstrong, along with the owners, managers and former riders of his cycling teams conspired to defraud their sponsors by the use of banned substances to achieve financial gain, according to the New York Times source.
Of particular interest to the investigators are the years the United States Postal Service (USPS) sponsored Armstrong's team (1996-2004). If money from the sponsorship was used to purchase drugs, it would mean that the funding came from US tax payer dollars, and misappropriation of that money could complicate things should evidence support Landis's claims.
“Federal fraud charges are fairly straightforward; they apply to any scheme to acquire money or property through deceit or misrepresentation,” explained former prosecutor Daniel C. Richman to the newspaper. He is now a professor of law at Columbia University. “In this case, the authorities would have to prove that Armstrong was misrepresenting himself to sponsors by saying that he was clean but was actually using performance-enhancing drugs and profiting from it.”
Armstrong, as well as several others accused by Landis, have issued statements denying the accusations and all, including the International Cycling Union (UCI), have raised questions about his credibility. After years of maintaining his innocence, which included writing a book, Landis's motives and timing are being questioned.
The New York Times pointed out that for the past decade federal authorities have been targeting drug traffickers rather than athletes. Testimony from the athletes has been typically used to support the prosecution of coaches and doctors at the center of the investigation. The consensus is that if fraud and conspiracy enter the picture, the investigation will likely take aim at Armstrong and the others involved.
“The government normally leaves it up to sports leagues to discipline those athletes who may have used performance-enhancing drugs," Richman added. "Fraud is something the government takes quite seriously, particularly where a lot of money is involved and conduct is flagrant.”
Food and Drug Adminstration investigator Jeff Novitzky, who also worked on the BALCO case, has already met with Landis on the matter. The paper points out that the United States attorney’s office for the Northern District of California would have jurisdiction in the case, because of the USPS team owner Tailwind Sports was located there. They worked closely with Novitzky during the BALCO case.
Tailwind Sports was run by investor Thom Weisel and co-owned by Armstrong.