[Roker]

Prosecutors Step Up Armstrong Probe
Investigators Subpoena Documents and a Witness in Bid to Prove the Tour de France Champion Used Banned Substances
JULY 27, 2010
By REED ALBERGOTTI And VANESSA O'CONNELL

Federal prosecutors handling an investigation into cheating in professional cycling have subpoenaed documents from an arbitration case that sought to prove that Lance Armstrong used performance-enhancing drugs.

The documents contain depositions from former teammates and associates of the seven-time Tour de France champion during a period when a promotions company was trying to prove that Mr. Armstrong employed banned drugs and practices—known as doping—during his cycling career.

Jeffrey Tillotson, the attorney who represented the company, SCA Promotions Inc., in the arbitration hearings, said it received a subpoena for the records on July 16. He is preparing to send the files to the federal prosecutors in Los Angeles who are handling the investigation, he said.

Mr. Armstrong has repeatedly denied doping allegations and has not been charged with any wrongdoing.

Using performing-enhancing techniques in sports is generally not against the law in the U.S. But federal prosecutors could make the case that Mr. Armstrong defrauded investors by accepting sponsorship dollars with the understanding that he would not use the drugs, if they prove that he doped.

The lead investigator in the U.S. criminal probe, special agent Jeff Novitzky of the Food and Drug Administration, declined to comment. Two assistant U.S. attorneys in Los Angeles assigned to the case didn't return messages seeking comment.

The government's investigation into doping in cycling was sparked by allegations made this spring by former cyclist Floyd Landis.

In April, Mr. Landis sent a series of emails to cycling officials claiming there had been widespread doping in the sport and accusing several other riders of doping, including Mr. Armstrong, his former teammate on the U.S. Postal Service team

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There is no testimony from eyewitnesses who say they saw Mr. Armstrong's alleged doping. It contains 2006 sworn testimony by Stephen Swart, a former Armstrong teammate who said that while he was on a bike ride with him in March 1995, Mr. Armstrong made clear he planned to take EPO, a banned drug that boosts the number of red blood cells.

In testimony, Mr. Swart said he was left with the impression "that for us to be competitive at the Tour that year, that we needed to start a medical program of EPO."

In testimony, Mr. Armstrong has said that the conversation with Mr. Swart never happened, and he said, "I have no idea" why Mr. Swart would say that.

The file also includes testimony by Frankie Andreu, another former teammate, and Mr. Andreu's wife, Betsy. The two testified that they overheard Mr. Armstrong acknowledge his history of performance-enhancing drug use to doctors during a 1996 Indiana hospital visit.

In testimony, Mr. Armstrong said he did not know why Ms. Andreu would say what she said, "other than she hates me."

When asked why Mr. Andreu would testify to the same thing, Mr. Armstrong said "well, I think he's trying to back up his old lady." Mr. Armstrong has also been accused by Mr. Landis of employing another banned technique in which riders transfuse their blood during long races, also to replenish red blood cells.

Mr. Armstrong has never been sanctioned for failing a drug test.

Rest of story: http://online.wsj.com/article/SB1000...145915552.html