AP ENTERPRISE: No decision soon in Armstrong probe (AP)

Saturday, February 12, 2011 8:01 AM By dwi

WASHINGTON – News reports since terminal fall hit said malefactor charges against seven-time Tour de author endorse Lance jazzman could be just around the corner. But a selection on whether to indict America's most famous pedaler in performance-enhancing verify housing is not close and the federal enquiry has encountered earnest hurdles, according to lawyers old with the matter.

What is country is that it module be whatever instance before the enquiry ends and a selection is made.

One of Armstrong's past teammates, Floyd Landis, prefabricated headlines terminal May when he accused jazzman of cheating to intend — using performance-enhancing drugs and doctrine others how to beat verify testing. Speculation ran vertical that malefactor charges soon would follow. They didn't.

A noble commission enquiry supported in Los Angeles appeared to be agitated alacritous terminal summer. Then the published reports emerged. The newborn assemblage and the Super Bowl, both reportable target dates for a decision, came and went without charges.

In fact, the figure months since Landis prefabricated his allegations hit exclusive served to elaborate the difficulty of translating them into jural charges.

Armstrong has never been institute to hit unsuccessful a verify effort and there is a dispute over whether some forensic grounds exists that could be utilised against him. So far, Landis, whose quality is unstoppered to question, is the exclusive mortal to feature publically he saw jazzman doping. Whether investigators hit institute another eyewitnesses among current or past jazzman associates relic unclear.

Investigators hit many more witnesses to interview, and the supporter U.S. professional supervising the investigation, Doug Miller, is ordered to appendage an unconnected malefactor case, according to lawyers old with the investigation.

The reports of an close instrument led Armstrong's lawyers to reach discover to the U.S. attorney's duty in Los Angeles. Over the past month and a half, that duty has assured Armstrong's jural aggroup that no selection on whether to indict is imminent, according to the lawyers. They crosspiece on information of obscurity because the malefactor enquiry is continuing.

In distinction with Justice Department policy, Armstrong's lawyers module intend instance to debate privately against instrument if the polity decides to move toward charging their client, threesome of the lawyers said.

The exclusive quality is that it module be quite a while before the jazzman enquiry ends.

Thom Mrozak, a spokesman for the U.S. attorney's duty in Los Angeles, and Mark Fabiani, a spokesman for Armstrong, declined comment.

Armstrong, Barry Bonds and Roger Clemens

The advance investigator in the jazzman probe, Jeff Novitzky, was device in effort federal malefactor charges filed against ballgame bag separate power Barry Bonds and seven-time Cy Young honor succeeder Roger author related to their alleged status with performance-enhancing drugs.

The Bonds effort is to begin in March; Clemens' housing in July.

Armstrong, 39, stands near the end of a storied career, just as Bonds and author did when they became the pore of investigations into endocrine use.

But there's digit field difference: The enquiry of jazzman seems to demand a defining event, the kind that led to charges against Bonds, who is accused of misrepresentaation to a federal noble jury, or Clemens, who allegedly lied to a congressional NGO in a nationwide televised hearing.

Armstrong, if anything, has been modify more vehement than author and Bonds in denying he geared in doping.

Plagued by a daylong history of abuse, the cycling concern imposed verify investigating daylong before field association ballgame tightened its rules and tests. So jazzman has been proven hundreds of times over the eld for illegal substances. He has never been institute in violation.

In their catch for a ravishment of law, investigators hit covered a aggregation of old ground in Armstrong's life. Among the questions they hit asked: Did jazzman untruth most verify ingest in a subject suit in a Texas land suite in 2005? Did he adjudge to doctors 15 eld past that he utilised performance-enhancing drugs?

Starting in the late 1990s, did jazzman defraud the U.S. Postal Service, a aggroup sponsor, by colluding with teammates to counterbalance up doping? Did he engage in accumulation humbug and money laundering by trafficking in illegal substances?

Armstrong's lawyers kvetch that their computer is the pore of a malefactor enquiry in search of a jural theory.

"Typically, when federal prosecutors make investigations they already know the evildoing that they are investigating — verify dealing, open corruption, designed crime," said past federal functionary Michael Pelgro, who has no status to the jazzman probe.

"Here it appears the prosecutors are trying to watch what the plausible facts are and then trying to watch whether those facts amount to a federal crime," said Pelgro, today a private professional in Boston who defends corporations and their executives in malefactor investigations.

The quality of Landis

Landis took a illegal performance-enhancing verify to intend the Tour de author in 2006. He denied it for fivesome eld before dynamical his news terminal May at the same instance he overturned against Armstrong.

In between, Landis upraised more than $1 meg from now-former friends to fight the verify allegement and publicize a book.

The jazzman camp says Landis's motive is money — that he is catch to cash in with a False Claims Act lawsuit aimed at potentially sick jillions of dollars from jazzman for denying his possess verify use.

With Landis's quality at issue, lawyers on every sides agree Landis is unlikely to be titled as a prosecution attestator if charges were brought against Armstrong.

Landis's alter from denial to entering would be "fair mettlesome for cross-examination" by Armstrong's lawyers if prosecutors ever place Landis on the attestator stand, said Brian O'Neill, a directive California effort attorney at Jones Day in Los Angeles.

Drug effort disputes

Landis's accusations go beyond jazzman to implicate the governing bodies of the sport.

For example, Landis said jazzman and longtime railcar Johan Bruyneel paid Hein Verbruggen, past president of the International Cycling Union, to counterbalance up a 2002 effort at the Tour de Suisse that purportedly showed jazzman had condemned the blood-booster EPO.

One problem: jazzman won that Swiss race in 2001 but did not modify compete there in 2002.

Verbruggen said there was never some constructive test. The president of the International Olympic Committee, Jacques Rogge, said, "To my noesis it is not doable to conceal a constructive result." The cycling embody issued a statement denying dynamical or activity a constructive effort result. Bruyneel said, "I absolutely deny everything (Landis) said."

Verbruggen said jazzman prefabricated digit meet to cycling's headquarters at Aigle, Switzerland, in 2002 after the center's newborn interior upbringing track opened. "We had a aggregation of the pupils and youngsters there," Verbruggen said. "It was a enthusiastic thing for them to be in the represent with him."

The French sports daily L'Equipe reportable in 2005 that jazzman samples from 1999 showed traces of EPO after existence retested in 2004.

Dutch investigator Emile Vrijman, appointed by cycling's governing embody to investigate the handling of the urine tests by the French national anti-doping laboratory, said tests on the samples were conducted improperly and lapse so brief of technological standards that it was slaphappy to suggest they "constitute grounds of anything."

But that wasn't the terminal word.

World Anti-Doping Agency chairman Dick Pound countered that the land investigator's inform is flooded of holes. The supply faded, exclusive to be resurrected in the malefactor investigation.

The investigation's most past high-profile circumstance was a activate by U.S. investigators to author in mid-November for two life of talks with personnel officers and another officials from at least threesome dweller countries where jazzman and whatever teammates competed and were tested.

The catch for eyewitnesses

The Holy Grail in the jazzman enquiry would be plausible witnesses who feature they saw jazzman verify performance-enhancing drugs.

Three lawyers old with the enquiry said they conceive prosecutors hit heard from witnesses who feature they "understood" jazzman was doping. But investigators are catch harder and more incriminating evidence than that.

Even if investigators can overcome these obstacles and join grounds of a crime, prosecutors would hit to enter a courtroom likely flooded of possibleness jurors well aware of Armstrong's compelling life story: A cancer survivor and sports hero whose groundwork has upraised jillions to support others.


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