Former American professional Floyd Landis has been notified that current UCI president Pat McQuaid and former president Hein Verbruggen intend taking legal action against him unless a retraction is made within 15 days.
In a letter sent by attorney Rolf Ditesheim of Reymond and Associés, Landis is told that comments made in a television interview broadcast last November are ‘detrimental to their honour,’ and that legal proceedings will be initiated in Switzerland.
Landis said then that both presidents and the UCI sanctioned some riders while protecting others, with the aim of influencing races and the sport itself, and thus creating champions to suit the UCI’s interest.
The letter has been reprinted in full on the NYVelocity.com website, and informs Landis that he has 15 days to make a full retraction before the legal proceedings are initiated.
Landis was a top professional until he tested positive in the 2006 Tour de France. He denied the charges, campaigned for a long time to build public support and the funds necessary to appeal the case, but ultimately lost and was stripped of his Tour win.
He finally admitted doping last spring, accusing former team-mates with the US Postal Service squad plus others of also using banned substances. Those accusations are part of the basis for the current federal investigation being carried out by Jeff Novitzky and others. Amongst his claims are that the UCI covered up a positive test by Lance Armstrong in the 2001 Tour de Suisse.
Landis recently announced his retirement from the sport, saying that it was time for him to move on with his life.
The full text of the letter is as follows:
Dear Sir,
I inform you that I have been appointed by the International Cycling Union (UCI), as well as by its current and former leaders, including Mr Pat McQuaid and Mr Hein Verbruggen, after statements you made about them that are detrimental to their honour, in particular during an interview broadcast on the 28th November 2010 by the German television channel ARD and picked up by various media.
For the record, you basically indicate that the UCI and its current and former leaders may protect certain cyclists suspected of doping and not others, may falsify results and create stars, and that they may be corrupt. These accusations, which are as serious as they are false, are unacceptable.
My principals have instructed me to use all legal processes necessary to defend their honour. The first measure to be undertaken is the opening of legal action in Switzerland.
Before the opening of proceedings, my principals wish to give you the opportunity to retract your allegations. If you are interested by this proposition, I would ask you to inform me within 15 days. This time limit cannot be extended.
A letter from Hein Verbruggen to Landis dating back to August 2001 was recently reprinted by the Cyclocosm website. It related to long delays on the UCI’s part in using the Mercury team’s bank guarantee in covering unpaid salaries of riders, including Landis and Chris Horner. It also reveals long-running tensions between the rider and the then-UCI President.
Landis had previously complained about these delays, saying “I believe the UCI is committing a continuing negligence regarding their duties and is therefore subjecting the UCI to possible liablity regarding non-payment and failure to draw on the bank guarantee.”
Verbruggen replied scathingly. “Such an aggressive approach might perhaps work in the USA but it does not in Europe and most definitely, not with me…. Your aggressiveness is not at all justified by a claim of $6,666.66 and is absolutely counterproductive.
“I have given order to our legal department to take the tone of your approach into account when it comes to following up on your request.”
Landis eventually received payment from the bank guarantee, but told Paul Kimmage in a recent interview that it took two years for the UCI to hand over the cash.