CAS 2019_A_6530 Jeffrey Brown vs USADA | Alberto Salazar vs USADA

CAS 2019/A/6530 Jeffrey Brown v. USADA
CAS 2019/A/6531 Alberto Salazar v. USADA

Related cases:

  • AAA 2017 No. 01 17 0003 6197 USADA vs Jeffrey Brown
    September 30, 2019
  • AAA 2017 No. 01 17 0004 0880 USADA vs Alberto Salazar
    September 30, 2019

Dr. Jeffrey Brown is a physician and a consultant from 2009-2012 for the Nike Oregon Project (NOP), the NOP Athletes and Mr. Alberto Salazar.

Mr. Alberto Salazar is an American track coach and former world-class long-distance runner and the head coach of the NOP in Portland, Oregon.

In March 2017 USADA alleged that Dr. Brown was generally involved in the prescription of Testosterone by Dr. Brown to Mr. Salazar; and Dr. Brown’s was involvement in a Testosterone experiment conducted at the NOP facilities in June and July, 2009 (the Testosterone Experiment). Dr. Brown was involved in the administration of L-carnitine infusions in 2011 and 2012; and actions taken by Dr. Brown and his counsel in connection with the investigation and adjudication of the foregoing claims.

Also in March 2017 USADA alleged that Mr. Alberto Salazar was involved in the infusions/injections of L-carnite administered to the Athlete Steve Magness and NOP athletes; possession and use of Testosterone gel and tampering together with his attorneys during the investigation and arbitration. During the proceedings USADA did not pursue the Administration or Attempted Administration of Testosterone for personal use.



On 30 September 2019 the Tribunal of the American Arbitration Association (AAA) decided to impose a 4 year period of ineligibility on Dr. Jeffey Brown and Mr. Salazar for committing multiple anti-doping rule violations:

Dr. Jeffrey Brown:

  • Complicity in trafficking of Testosterone
  • Administration of a prohibited method
  • Tampering of records

Mr. Alberto Salazar:

  • Trafficking of Testosterone
  • Administration of a prohibited method
  • Tampering

Hereafter in October 2019 both Dr. Jeffrey Brown and Mr. Alberto Salazar appealed the AAA Decisions with the Court of Arbitration for Sport (CAS) and requested for a consolidated procedure.

Dr. Jeffrey Brown and Mr. Salazar challenged the Appealed Decisions and denied they had committed any anti-doping rule violations.

USADA contended regarding Dr. Brown that:

  • Dr. Brown’s prescriptions of Testosterone to Mr. Salazar were not medically justified and his involvement in the Testosterone Experiment amounted to an ADRV.
  • Dr. Brown committed an ADRV in administering a prohibited method to Mr. Magness and committed ADRVs of administration or attempted administration in respect of NOP athletes.
  • Dr. Brown inappropriately altered Mr. Magness and NOP athletes’ patient records, elicited false testimony from witnesses and was involved in establishing a false narrative to mislead USADA into believing that NOP athletes received their L-carnitine administrations via syringes rather than infusion bags.

USADA contended regarding Mr. Salazar that:

  • Mr. Salazar’s possession of Testosterone was not medically justified and his application of Testosterone (a prohibited substance) to his sons in the Testosterone Experiment amounted to an ADRV;
  • Mr. Salazar committed an ADRV of administration, attempted administration or complicity in Dr. Brown’s administration of a prohibited method to Mr. Magness and committed ADRVs of administration or attempted administration in respect of NOP athletes;
  • Mr. Salazar committed ADRVs of tampering through a range of conduct, including giving false testimony during depositions held in relation to USADA’s anti-doping investigation, eliciting false testimony from witnesses and establishing a false narrative to mislead USADA into believing that NOP athletes received their L-carnitine administrations via syringes rather than infusion bags.

After assessment of all of the submissions and evidence presented throughout the cours of the proceedings the Panel dismissed specific charges against Mr. Salazar and Dr. Brown due to USADA had not established that they had contravened Articles of the WADC regarding Trafficking, Complicity, Possession, Administration and Tampering .

Nevertheless the Panel made the following findings:

  • Dr. Brown contravened Article 2.8 of the 2009 WADC (Complicity) by assisting, encouraging, aiding, abetting or otherwise engaging in complicity in relation to Mr. Salazar’s possession of testosterone in furtherance of the Testosterone Experiment.

  • Dr. Brown contravened Article 2.7 of the 2009 WADC (Trafficking) by sending or delivering Testosterone to Mr. Salazar in relation to the Testosterone Experiment, either by delivering Testosterone to Mr. Salazar (i) for use in the Testosterone Experiment; or (ii) to replenish Testosterone used by Mr. Salazar in the Testosterone Experiment.

  • Dr. Brown contravened Article 2.8 of the 2009 WADC (Administration) by administering a Prohibited Method to Mr. Magness on in November 2011.

  • Dr. Brown contravened Article 2.5 of the 2009 WADC (Tampering) with respect to the issue of L-carnitine infusions/syringes.

  • Mr. Salazar contravened Article 2.6.2 of the 2009 WADC (Possession) by possessing Testosterone in furtherance of the Testosterone Experiment.

  • Mr. Salazar contravened Article 2.8 of the 2009 WADC (Administration by complicity) by assisting, encouraging and otherwise being complicit in Dr. Brown’s administration of a Prohibited Method to Mr. Magness in November 2011.

  • Mr. Salazar contravened Article 2.5 of the 2009 WADC (Tampering) with respect to the issue of L-carnitine infusions/syringes.


Therefore Court of Arbitration for Sport decides on 15 September 2021 that:

1. Dr. Jeffrey Brown committed the following anti-doping rule violations:

  • a.) Complicity (2009 WADC Article 2.8) in Mr. Alberto Salazar’s possession of Testosterone in furtherance of the Testosterone Experiment;
  • b.) Trafficking (2009 WADC Article 2.7) of Testosterone to Mr. Alberto Salazar in relation to the Testosterone Experiment;
  • c.) Administration (2009 WADC Article 2.8) of a Prohibited Method, being an infusion in excess of the permitted volume, to Mr. Steve Magness;
  • d.) Tampering (2009 WADC Article 2.5) with the Doping Control Process with respect to the issue of L-carnitine infusions/syringes.

2. The appeal filed by Dr. Jeffrey Brown on 21 October 2019 and the “cross-appeal” filed by USADA on 29 April 2021 are otherwise dismissed and the period of ineligibility imposed by the Brown AAA Panel, being a period of ineligibility of four years, is upheld.

3. Mr. Alberto Salazar committed the following anti-doping rule violations:

  • a.) Possession (2009 WADC Article 2.6) of Testosterone in furtherance of the Testosterone Experiment;
  • b.) Complicity (2009 WADC Article 2.8) in Dr. Jeffrey Brown’s Administration of a Prohibited Method to Mr. Steve Magness;
  • c.) Tampering (2009 WADC Article 2.5) with the Doping Control Process with respect to the issue of L-carnitine infusions/syringes.

4. The appeal filed by Mr. Alberto Salazar on 21 October 2019 and the “cross-appeal” filed by USADA on 29 April 2021 are otherwise dismissed and the period of ineligibility imposed by the Salazar AAA Panel, being a period of ineligibility of four years, is upheld.

5. (…).
6. (…).
7. All other prayers for relief in the appeals and cross-appeals are dismissed.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
15 September 2021
Arbitrator
Bennett, Annabelle Claire
Sands, Philippe
Subiotto, Romano F.
Original Source
Court of Arbitration for Sport (CAS)
Country
United States of America
Language
English
ADRV
Administration / attempted administration
Complicity
Possession
Tampering / attempted tampering
Trafficking / attempted trafficking
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Cross-appeal
De novo hearing
Digital evidence / information
Lex mitior
Multiple violations
WADA Code, Guidelines, Protocols, Rules & Regulations
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
United States Anti-Doping Agency (USADA)
Doping classes
M2. Chemical And Physical Manipulation
S1. Anabolic Agents
Substances
Testosterone
Medical terms
Intravenous infusions
Treatment / self-medication
Various
Athlete support personnel
Doping control
Falsification / fraud
Lying / false statement
Supplements
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Date generated
18 October 2021
Date of last modification
3 November 2021
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  • Doping classes
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