BALCO, branded now into the brains of sports fans. Bay Area Lab Co-Operative
Yesterday the US Attorney for the Bay area announced the indictment of an obscure cyclist who was banned for life after testing positive for an equally obscure steroid (my link here). Why? Who cares?
What is the significance? With the investigation heading into year 4, someone has to be looking at the cost to the government. Thus far only the suppliers of the steroids, HGH, & various other drugs have been convicted (or plead guilty) - Victor Conte, Patrick Arnold et al.. The sentences are trivial for synthesizing unapproved drugs, distributing illegal drugs, money laundering, etc. 3-4 months prison is trivial. If your local doctor this this you can bet he would be serving much more hard time.
I will suggest that much more is on the way. Why?
1. For the massive conspiracy that involved world class athletes, the sentences were underwhelming. There were violations of narcotics laws, FDA laws, conspiracy, practicing medicine without a license. If one looks at the cheating in sports, there has to be fraud and more conspiracy. 3 month sentences are ludicrous.
Alan Abrahamson at NBC Sports, also agrees:
The press release (of the BALCO prosecutor) rattles off the statistics: Five felony convictions. Discipline by sports authorities of 15 elite athletes. Extensive hearings by Congress on the use of steroids in sports. The reclassification of norbolethone and THG as controlled substances. The tightening of steroid-related federal sentencing guidelines.
And all, the release underscores, from what is essentially a run-of-the-mill drug-related case -- no different, really, than, say, a cocaine- or marijuana- or methamphetamine-distribution case, the kind you can find choking the dockets in any one of the nation's 94 district courts.
2. World class athletes, including arguably the most famous athlete of the past 30 years lied to the Grand Jury. That can be perjury, and obstruction of justice. If the ordinary citizen tried that he would be cracking rocks at Sing-Sing for 4 months - 12 1/2 years. These athletes toyed with the US prosecutor like he was one more member of the hated media.
3. There is a new sheriff in town. Henry Waxman, a Democrat from California is now stepping into a power position with the new Democrat majority in the Congress. Waxman wants to prosecute steroid cheats. Here is what Waxman said when he proposed Congressional hearing looking into steroids in baseball:
In the movie Field of Dreams, Terrence Mann, a writer, explains the unique role baseball has had in American life:
The one constant through all the years . . . has been baseball. America has rolled by like an army of steamrollers. It's been erased like a blackboard, rebuilt, and erased again. But baseball has marked the time . . . this game is part of our past. It reminds us of all that once was good, and that could be again.
This is not a good time, however, for baseball. The steroid scandal that has unfolded over the last several years calls into question the fundamental integrity of the game. And it raises serious health implications for millions of American teenagers who look to professional athletes as role models.
Waxman may fundamentally change the environment that the US prosecutor works.
Thus, Barry Bonds, and any athlete who lied to the Grand Jury is vulnerable to a perjury charge, and an obstruction of justice charge. There are also suspicions Bonds will be charged with tax evasion.
US Attorneys move deliberately and methodically. I would suggest that US Attorney Kevin Ryan has already decided whether to press charge against Bonds for perjury, obstruction of justice, and possibly open a case of income tax fraud. He must weigh the evidence in the case thus far, the seriousness of the potential indictments, the interests of the government, the benefits to the common good, against the potential problems of charing the highest profile athlete of this generation, his ability to employ elite lawyers in his defense, and the fallout if the case fails.
Tough decisions. Remember too, other high profile athletes may be charged with lying to the Grand Jury - Marion Jones, Tim Montgomery, and others. This could be a very interesting 2007.
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