Facts
Claiment, the United States Anti-Doping Agency (USADA) had charged Mohamed Trafeh, the respondent, for the following violations of the Anti-Doping Rules:
1. Use and attempted use of the prohibited substance erythropoietin ("EPO").
2. Possession of EPO, trafficking and attempted trafficking of EPO
3. Trafficking and attempted trafficking of EPO.
4. Administration and attempted administration to others of EPO.
5. Assisting, encouraging, aiding, abetting, covering up and other complicity involving one or more anti-doping rule violations and/or attempted anti-doping rule violations.
6. Evading sample collection
7. Aggravating circumstances justifying a period of ineligibility greater than the standard sanction.
History
USADA's charging decision was premised on evidence it obtained from a variety of resources, including physical evidence obtained from the respondent by the United Stales Department of Homeland Security, fabricated whereabouts records, public admissions and a partial confession given to USADA's Investigator and Legal Affairs Director. On February 8, 2014, the Respondent was detained by the United Stales Department of Homeland Security (DHS) while attempting to smuggle six syringes of an "unknown substance" into the United States. The discovery of the syringes was made during a search of Respondent's luggage following his arrival at John F. Kennedy ("JFK") lnternational Airport in New York.
According to USADA records, on February 13,2014, USADA attempted to carry out an out-of-competition sample collection at Respondent's listed residence in Bouskoura, Morocco, based on the 1e quarter of 2014, Whereabouts Filing Respondent submitted to USADA on December 31, 2013. The testing attempt was unsuccessful because respondent was not at his residence as his Whereabouts Filing indicated he would be at that time. The respondent had claimed that he went to an emergency with a sick family member, and corrected his whereabouts, but later also the correction was false, he intentionally submitted false whereabouts information.
In response to receiving information regarding the potential for a reduced period of ineligibility, Respondent agreed to provide USADA with detailed information regarding the doping activities of others of which he was a ware as well as a full account of his own past doping activities.
Decision
- Respondent shall receive a period of ineligibility of four years commencing January 1, 2012 and ending on December 31, 2015. Respondent shall be disqualified from all sporting events in which he participated from the period January 1, 2012 to the date of this ruling. Furthermore, all benefits, awards, titles, medals, points, or remuneration from his participation in sport that flowed to respondent, from the period January I, 2012 to the date oft his ruling, shall be deemed forfeited and shall be returned to the relevant body.
- During his period of ineligibility, in addition to all other penalties or restrictions flowing from his ineligibility, the respondent is prohibited from participating in and having access to the training facilities or programs of the United States Olympic Committee (USOC) and any National Government body (NGB), or other programs and activities of the USOC and any NGB, including, but not limited to, grants, awards, or employment pursuant to the USOC Policies.
- The parties shall bear their own attorney's fees and costs associated with this arbitration.
- The administrative fees and expenses of the American Arbitration Association, and the compensation and expenses of the Arbitrator, shall be borne as incurred.
- This Award is in full settlement of all claims submitted to this Arbitration.
- All claims not expressly granted herein are hereby denied.
