AAA 2021 No. 01 21 0018 0951 USADA vs Sabina Allen

In June 2021 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the Athlete Sabina Allen after her A and B samples tested positive for the prohibited substances LGD-4033 (Ligandrol) and Phentermine.

After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the American Arbitration Association Commercial Arbitration Tribunal.

The Athlete denied the intentional use of the substances and explained that before the competition she had used a smoothie and that she was unaware that her friend had included a Phentermine pill to give her energy.

The Athlete stated that she had used a Jetfuel supplement provided by a friend and claimed that this supplement was contaminatied with LGD-4033. Analysis of the Athlete's open Jetfuel supplement in the Salt Lake City Lab revealed extremely high levels of LGD-4033 in the capsules.

USADA contended that the Athlete had provided varied explanations for the positive result for Phentermine and failed to demonstrate that the her use of the product was unintentional.

Further USADA asserted that there are aggravating circumstances in this case because the Athlete fabricated a story to absolve her of liability for her Phentermine and LGD-4033 test results. She enlisted the assistance of Mr. B. to implement her fabricated scheme. Mr. B. used different aliases and provided false statements to the investigators..

USADA argued that the Athlete's Jetfuel supplement showed signs of probable manual manipulation, not contamination through the manufacturing process. In the Lab extreme high levels of LGD-4033 were found in the tested capsules provided by the Athlete. Besides LGD-4033 the prohibited substances Ostarine and RAD140 were found in these capsules, yet these substances were not present in the Athlete's sample.

The Arbitrator finds that the presence of prohibited substances has been established in the Athlete's sample and accordighly that she committed an anti-doping rule violation. In view of the evidence in this case the Arbitrator concludes that the Athlete failed to establish that violation was not intentional.

While the uncertainty involving the individual or individuals participating in the investigation prevented the Athlete from meeting her burden of proof, and while the Arbitrator was highly suspicious of the numerous witnesses that had the same address and phone numbers, ultimately, the Arbitrator lacks adequate evidence that Mr. B was impersonating other individuals in the case, and as such, declines to find aggravating circumstances in this case.

Therefore the AAA Tribunal decides on 8 June 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 24 June 2021.

Original document

Parameters

Legal Source
National Decisions
Date
8 June 2022
Arbitrator
Benck, David M.
Original Source
United States Anti-Doping Agency (USADA)
Country
United States of America
Language
English
ADRV
Adverse Analytical Finding / presence
Tampering / attempted tampering
Legal Terms
Burdens and standards of proof
Circumstantial evidence
Digital evidence / information
Sole Arbitrator
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
United States Anti-Doping Agency (USADA)
Laboratories
Los Angeles, USA: UCLA Olympic Analytical Laboratory
Salt Lake City, USA: The Sports Medicine Research and Testing Laboratory (SMRTL)
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
S6. Stimulants
Substances
LGD-4033 (ligandrol)
Phentermine
Various
Anti-Doping investigation
Lack of cooperation / obstruction
Lying / false statement
Supplements
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Pdf file
Date generated
7 June 2022
Date of last modification
26 October 2023
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