Related cases:

• United States vs Eric Lira - Complaint
  December 29, 2021
• World Athletics 2021 WA vs Blessing Okagbare (1)
  February 14, 2022
• World Athletics 2021 WA vs Blessing Okagbare (2)
  June 23, 2022
  
  

Mr Eric Lira alleged to be a kinesiologist and naturopathic doctor in the United States, operating principally in and around El Paso, Texas. He obtained prohibited substances, and other, prescription drugs from sources in Central and South America, before bringing those drugs into the United States and distributing them to, among other, two athletes referred to in the incriminating evidence as Athlete-1 and Athlete-2.

In July 2022 criminal federal charges were filed against Mr Lira under the Rodchenkov Anti-Doping Act for obtaining various performance enhancing drugs and distributed those drugs to certain athletes. On 8 May 2023 Mr. Lira pleaded guilty to these federal charges.

Ms Blessing Okagbare (identified as Athlete-1) is a Nigerian Athlete who tested positive in July 2021 for the prohibited substances Recombinant Erythropoietin (rhEPO) and Human Growth Hormone (hGH).

In the anti-doping case against the Ms Okagbare the Athletics Integrity Unit (AIU) received from the Federal Bureau of Investigation (FBI) evidence regarding the case in the United States against Mr Lira, involved in the distribution of prohibited substances to two athletes.

The FBI had also scanned Ms Okagbare's mobile telephone in August 2021 and incriminating text and voice messages send to Mr Lira showed clearly the Athlete's purchase of hGH and rhEPO. Further these messages revealed her evasion and tampering of sample collection in June 2021 resulting in a confirmed Missed Test.

Finally in two Decisions - rendered on 14 February 2021 and on 23 June 2022 - a total 11 year period of ineligibility was imposed on the Athlete for presence, use and tampering.

The Nigerian Athlete Divine Oduduru in this case was identified by the FBI in their investigations as Athlete-2. His name and involvement in doping was revealed in the evidence against Mr Lira and his distribution of prohibited substances to these two Nigerian athletes.

In July 2021, while Divine Oduduru was abroad in Europe for training, an associate (Individual-1) of both Nigerian athletes was requested by Oduduru to gather some belongings in his residence in Florida and to transfer those belongings to a near-by storge facility.

Inside the Athlete's residence in Jacksonville and in his storage facility Individual-1 found and photographed packages and vials containing various performance enhancing drugs. Thereupon Individual-1 provided those photographs as evidence to USADA and the FBI.

In view of the evidence against the Mr Divine Oduduru the AIU deemed that he was using or attempting to use multiple prohibed substances. These substances were provided to the Athlete by Eric Lira and also on occasion by Ms Okagbare, whereas Ms Okagbare was at times acting as a go-between for the Athlete with Eric Lira.

Consequently in February 2023 the AIU reported anti-doping rule violations against the Athlete Oduduru for possession and use of the prohibited substances Erythropoietin (EPO), Human Growth hormone (hGH) and Insulin-like Growth Factor-1 (IGF-1).

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and in May 2023 he was heard for the World Athletics Disciplinary Tribunal.

The Athlete completely denied that multiple prohibited substances had been found in his residence. He also denied any contact with Mr Lira, neither that Ms Okabare was procuring prohibited substances on his behalf from Mr. Lira.

Instead the Athlete alleged that he had been sabotaged by Individual-1, his coach and his team. Furthermore the Athlete denied having used any prohibited substance while he had been tested before without issues.

In this case the Panel addressed the following issues:

• 1. Did the Athlete commit an ADRV under Rule 2.6 ADR (Possession of a Prohibited Substance or a Prohibited Method)?
• 2. Did the Athlete commit an ADRV under Rule 2.2 ADR (Use or Attempted Use by an Athlete of a Prohibited substance or a Prohibited Method)?
• 3. What are the Consequences of those ADRV?
• 4. Are there Aggravating Circumstances that justify increase of the period of Ineligibility?

Following assessment the Panel ultimately determines that:

• The Athlete committed the anti-doping rule violations for possession and attemped use.
• The imposed sanction is a period of ineligibility of 4 years including a period of disqualification.
• It is fair and proportionate to increase the Athlete's sanction for additional 2 years.
• The Athlete is ordered to pay a contribution to World Athletics towards the legal fees and other expenses incurred in connection with these proceedings.

Therefore the Panel decides on 18 September 2023 that:

1.) The Disciplinary Tribunal has jurisdiction to decide on the subject matters of this dispute.

2.) The Athlete has committed ADRVs under Rules 2.6 and 2.2 ADR and these shall be considered together as one single first violation.

3.) A period of Ineligibility of six (6) years is imposed upon the Athlete, starting on the date of the provisional suspension, i.e. on 9 February 2023.

4.) The Athlete’s results from 12 July 2021 until 9 February 2023, shall be disqualified with all resulting consequences.

In May 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Hannah Wairimu Mwangi after her sample tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).

Following notification the Athlete gave a prompt admission, waived her right for a hearing and accepted in this settlement the sanction proposed by ADAK. The Athlete received a 1 year reduction for her timely admission of the anti-doping rule violation.

Therefore on 19 September 2023 ADAK decides to impose a 3 year period of ineligibility on the Athlete, starting on 21 June 2023.

Related case:

UKAD 2020 RFU vs Arran Lee Perry
September 10, 2020

On 10 September 2020 the Rugby Football Union (RFU) decided to impose a 4 year period of ineligibility on the rugby player Arran Lee Perry after he tested positive for the prohibited substance Oxandrolone.

Hereafter in February 2023 the RFU reported that the Athlete had breached his period of ineligibiltiy. Its investigation had established that he had participated in a training session in November 2022.

Following notification the Athlete acknowledged that he only participated into this training with friends and family while it was not organised by his club.

In this matter the RFU considers the Athlete's conduct and his degree of fault. The RFU concludes that there are sufficient grounds for the imposition of a reduced addition sanction on the Athlete.

Therefore the RFU decides on 10 September 2020 to impose an additional 6 month period of ineligibility on the Athlete, starting on the date the current sanction shall end, i.e. on 20 December 2023.

In May 2023 World Rugby reported an anti-doping rule violation against the Paraguayan ruby player Estefano Aranda Caceres after his sample tested positive for the prohibited substance Cannabis.

Following notification the Athlete admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by World Rugby. The Athlete acknowledged the unintentional use of the substance whereas Word Rugby deemed that the violation was due to a Substance of Abuse.

Therefore World Rugby decides on 20 September 2023 to impose a 3 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 8 May 2023.

In December 2022 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the bodybuilder Rashid Issa for his Evasion, Refusal or failure to submit to sample collection at a bodybuilding championship in October 2022.

Following notification a provisional suspension was ordered and the Athlete filed a statement in his defence. The Athlete did not attend the hearing and the Kenya Sports Disputes Tribunal settled the case based on the written submissions of the Parties.

The Athlete admitted the violation and denied that he intentionally had evaded doping control. He asserted that he indeed had cooperated with the sample collection.

The Athlete tesitified that at the Doping Control Station he all night had attempted to produce a sample although he had ingested a dozen bottles of water. Feeling unwell the Doping Control Officers (DCO) declined his request for a meal.

Hungry and tired after 24 hours without food he ultimately received permission to go to his apartment accompanied by a DCO. In a bad condition he hurried to his apartment to get something to eat and thereupon discovered that he had lost contact with the DCO.

The Panel considered the evidence in this case and accepts that the Athlete's violation was not intentional and that there are grounds for a reduced sanction.

Therefore the Panel decides on 21 September 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 4 January 2023.

In April 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the Athlete Priya after her sample tested positive for the prohibited substances Enobosarm (Ostarine), GW1516 and LGD-4033 (Ligandrol).

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete acknowledged that she had used supplements and asserted that she was unaware that it contained prohibited substances. By contrast INADA contended that the Athlete failed to demonstrate the source of the prohibited substances, nor that the violation was not intentional.

The Panel finds that the presence of prohibited substances had been established in the Athlete's sample and accordingly the she committed an anti-doping rule violation. The Panel deems that the Athlete failed to prove the source of the prohibited substances, neither that the violation was not intentional.

Therefore the Panel decides on 25 September 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 21 April 2023.

CAS 2023/ADD/62 International Bobsleigh & Skeleton Federation (IBSF) v. Lidiia Hunko

Ms Liddiia Hunko is a Ukrainian Athlete, competing in the Women's monobob event at the Beijing 2022 Olympic Winter  Games.

In February 2022 the International Testing Agency (ITA), on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Athlete after she tested positive for the prohibited substance Dehydrochlormethyltestosterone.

The Athlete admitted the violation, accepted a provisional suspension and consequences. She assumed that contaminated supplements had caused the positive test result.

Accordingly the ITA decided on 22 July 2022 that the Athlete had committed an anti-doping rule violation and that her results obtained at the Beijing Olympic Games are disqualified.

Thereupon the case was referred to the International Bobsleigh & Skeleton Federation (IBSF) for continuation of the case. In November 2022 the Athlete failed to accepted the sanction of 3 years proposed the IBSF.

Ultimately in May 2023 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

In this proceedings the Athlete failed to respond. Previously in her submissions the Athlete had denied that she ever had used prohibited substances and argued that she was tested before without issues.

The Athlete refused to plead guilty for a violation she never had committed. Further she disputed the process and the integrity of the Anti-Doping Authorities in view of State-sponsored doping programms.

Considering the evidence in this case the Sole Arbitrator finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation. The Arbitrator determines that there are no grounds for a reduced sanction.

Therefore the Court of Arbitration for Sport decides on 26 September 2023 that:

1.)The request for arbitration filed on 31 May 2023 by the International Testing Agency (ITA) on behalf of the International Bobsleigh & Sekeleton Federation (IBSF) is upheld.

2.) Ms. Lidiia Hunko is found to have committed an Anti-Doping Rule Violation pursuant to Article(s) 2.1 (and/or 2.2) of the IBSF Anti-Doping Rules.

3.) Ms. Lidiia Hunko is sanctioned with a period of ineligibility of four (4) years in accordance with Article 10.2.1 of the IBSF Anti-Doping Rules, starting from the date of this Award.

4.) Ms. Lidiia Hunko shall receive credit for the period of Provisional Suspension served from 21 February 2022 against the period of ineligibility imposed by this Award.

5.) All individual competitive results of Ms Lidiia Hunko from and including the date of sample collection (14 February 2022) are disqualified with all resulting consequences, including forfeiture of any medals, awards, points and prizes pursuant to Article 10.10 of the IBSF Anti-Doping Rules.

6.) (…).

7.) (…).

8.) All other motions or prayers for relief are dismissed.

As a result of a police investigation into the customer records of a supplier of illicit drugs United Kingdom Anti-Doping (UKAD) was informed that in May 2019 an amateur rugby player (48) had purchased Testosterone Cypionate.

Consequently in September 2022 UKAD reported anti-doping rule violations against the Amateur Player for the attempted use and possession of Testosterone.

Following notification a provisional suspension was ordered. The Amateur Player filed a statement in his defence and he was heard for the National Anti-Doping Panel.

The Amateur Player admitted the purchase of Testosterone in May 2019 and denied the intentional use. He stated that in 2019 he already had retired as a rugby player and as a coach and accordingly he was no subject anymore to the ADR as an Athlete.

He explained that in early 2019 he suffered from health problems and had decided to retire from playing and coaching rugby. Out drinking alcohol with a friend he recommended the use of Testosterone when he told him about his health problems.

Thereupon in his intoxicated state he had ordered some Testosterone. He denied that he had used the substance and stated that when he received the product a few days later he immediately threw it away in the dustbin.

UKAD contended that the Amateur Player was subject of the ADR because he had not notified his retirement to the Welsh Rugby Union (WRU). He was also still registered as a player for the subsequent 2019/20 and 2020/21 seasons.

Further UKAD reported that after the provisional suspension had been ordered the Amateur Player had continued to act as the secretary of his rugby club. Moreover WRU established that the Amateur Player as secretary had de-registered a number of players at the end of the seasons, yet had not de-registrated himself until June 2021.

In view of the evidence the Panel determines that the Amateur Player was no longer playing rugby for the club at the end of the 2018/2019 season. However he remained registered with the WRU as a player for the following two seasons and accordingly he remained subject of the ADR in May 2019.

The Panel finds that the Amateur Player indeed had possessed Testosterone and that he had admitted the purchase of the prohibited substance. The Panel is willing to accept that there was no attempted use of the substance and it dismissed the charge in this matter.

Considering the Amateur Player's conduct the Panel concludes that the anti-doping rule violation was not intentional and that there are no grounds for No Significant Fault or Negligence. Finally the Panel determines that the Amateur Player had continued to act as secretary of his rugby club even while he was provisionally suspended.

Therefore the National Anti-Doping Tribunal decides on 26 September 2023 to impose a 2 year period of ineligibility on the Amateur Player, starting on the date of the decision.

In 2016, Professor Richard McLaren issued two reports about systemic doping in Russia. These reports identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered.

Hereafter in January 2019 the World Anti-Doping Agency (WADA) recovered the internal database of the Moscow Laboratory (LIMS). Following investigation of allegations of organized doping practices, and in particular of the LIMS, WADA provided international federations with investigation reports on the athletes implicated in these organized doping practices.

These investigation reports revealed that the prohibited substances Enobosarm (Ostarine), Oxandrolone and Trenbolone had been established in the 2 samples of the Athlete Yelena Korobkina provided in July 2013 and in July 2014 .

Consequently in December 2021 World Athletics reported anti-doping rule violations against the Athlete for the use of these prohibited substances. In January 2023 the World Athletics referred the case to the Court of Arbitration for Sport (CAS) for a first instance hearing panel. 

World Athletics contended that one unofficial sample and one official sample were listed in the Moscow Washout Schedules as belonging to the Athlete, which would date from 31 July 2013 and 25 July 2014. This would prove that the Athlete was part of a doping programme.

In this regard, in accordance with the information contained in these schedules, in the leadup to the 2013 Moscow World Championships and the 2014 European Championships, the Athlete would have been using up to three prohibited substances.

RusAF did not submit an answer or any other written submissions containing requests for relief.

The Athlete denied that she had committed an anti-doping rule violation and asserted that she had been tested before without issues. Further she disputed the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov.

The Sole Arbitrator assessed and addressed the evidence provided by the Parties and determines that:

• The Athlete used prohibited substances within the Washout Testing Programme as part of a doping plan or scheme.
• The Moscow Washout Schedules are reliable with respect to the Athlete's entries and her use of prohibited substances.
• The Athlete used, in or around July 2013, Trenbolone and Ostarine.
• The Athlete used, in on around July 2014, Trenbolone and Oxandrolone.
• The Athlete violated Rule 32.2(b) of the 2012 and the 2014 IAAF Competition Rules.
• There are several aggravating circumstances in this case that justify the imposition of the maximum sanction allowed.
• Fairness requires that the Athlete's results are disqualified from 2 July 2013 to 24 July 2016.

Therefore the Court of Arbitration for Sport decides on 27 September 2023 that:

1.) The Request for Arbitration filed by World Athletics with the Court of Arbitration for Sport against the Russian Athletics Federation (RUSAF) and Ms Yelena Korobkina on 20 January 2023 is partially upheld.

2.) Ms Yelena Korobkina committed anti-doping rule violations according to Rule 32.2(b) of the 2012 and 2014 IAAF Competition Rules.

3.) Ms Yelena Korobkina is sanctioned with a period of ineligibility of four (4) years starting on the date of notification of the present award.

4.) All competitive results obtained by Ms Yelena Korobkina from 2 July 2013 through to 24 July 2016 included shall be disqualified, with all of the resulting consequences, including the forfeiture of any titles, awards, medals, points, prizes and appearance money.

5.) The costs of this arbitration, to be determined and served upon the Parties by the CAS Court Office, shall be borne by the Russian Athletics Federation in their entirety.

6.) The Russian Athletics Federation and Ms Yelena Korobkina shall each bear their own costs and the Russian Athletics Federation is ordered to pay to World Athletics the amount of CHF 5,000 (five thousand Swiss Francs) as a contribution towards World Athletics' legal fees and expenses incurred in relation to the present proceedings.

7.) All other and further motions or prayers for relief are dismissed.

Prohibited List January 2024 : The World Anti-Doping Code International Standard / World Anti-Doping Agency (WADA). - Montreal : WADA, 2023

The Prohibited List is a mandatory International Standard as part of the World Anti-Doping Program.
The List is updated annually following an extensive consultation process facilitated by WADA. The effective date of the List is 1 January 2024.