CAS 2011/A/2524 WADA v. Federación Colombiana de Patinaje & Anhlly Andrea Perez Moreno

Related cases:

• CAS 2011_A_2522 WADA vs FCP & Nicolas Bermudez
  August 23, 2012
• CAS 2011_A_2523 WADA vs FCP & Serrano Burgos
  August 23, 2012
  
  

On 10 May 2011 the Colombian Skating Federation (FEDEPATIN) Disciplinary Commission decided to impose a 3 month period of ineligibility on the rollers sports Athlete Anhlly Andrea Perez Moreno after she tested positive for the prohibited substance Methylhexaneamine.

Hereafter in August 2011 the World Anti-Doping Agency (WADA) appealed the FEDEPATIN Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.

The Athlete admitted the violation and denied the intentional use of the substance. She asserted that a contaminated supplement was the source of the positive test.

Following assessment of the evidence and the Athlete's conduct in this case the Panel finds that she failed to explain with corroborating evidence how the substance had entered her system. Further the Panel deems that she acted negligently with her supplements.

Therefore the Court of Arbitration for Sport decides on 23 August 2012 that:

1.) The appeal of WABA is admissible.

2.) The decision rendered by the Disciplinary Commission of the FCP on 10 May 2011 against Mrs Anhlly Andrea Pérez Morene is set aside.

3.) Anhlly Andrea Pérez Moreno is sanctioned by a two-year period of ineligibilily, which started on 10 May 2011. The period of provisional suspension of 30 (thirty) days shall be credited against the total period of ineligibility to be served.

4.) All competitive results obtained by Anhlly Andrea Pérez Moreno from 28 October 2010 shall be disqualified with all the resulting consequences including forfeiture of anymedals, points and/or prizes.

5.) This award is pronounced without costs, except for the Court Office fee of CHF 1'000 (one thousand Swiss Francs) already paid by WADA which is retained by the CAS.

6.) Each party shall bear its own costs.

7.) All other prayers for relief are dismissed.

CAS 2011/A/2523 WADA v. Federación Colombiana de Patinaje & Yenny Paola Serrano Burgos

Related cases:

• CAS 2011_A_2522 WADA vs FCP & Nicolas Bermudez
  August 23, 2012
• CAS 2011_A_2524 WADA vs FCP & Perez Moreno
  August 23, 2012

On 11 April 2011 the Colombian Skating Federation (FEDEPATIN) Disciplinary Commission decided to impose a 3 month period of ineligibility on the rollers sports Athlete Yenny Paola Serrano Burgos after she tested positive for the prohibited substance Methylhexaneamine.

Hereafter in August 2011 the World Anti-Doping Agency (WADA) appealed the FEDEPATIN Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.

The Athlete admitted the violation and denied the intentional use of the substance. She asserted that a fat-burner was the source she had used for weight loss.

Following assessment of the evidence and the Athlete's conduct in this case the Panel finds that she failed to explain with corroborating evidence how the substance had entered her system. Further the Panel deems that she acted negligently with her supplements.

Therefore the Court of Arbitration for Sport decides on 23 August 2012 that:

1.) The appeal of WADA is admissible.

2.) The decision rendered by the Disciplinary Commission of the FCP on 11 April 2011 2011 against Yenny Paola Serrano Burgos is set aside.

3.) Yenny Paola Serrano Burgos is sanctioned with a two-year period of ineligibility, which started on 11 April 2011, The period of provisional suspension of 30 (thirty) days and any other ineligibility period shall be credited against the total period of ineligibility to be served.

4.) All competitive results obtained by Yenny Paola Serrano Burgos from 22 October 2010 shall be disqualified with all the resulting consequences including forfeiture of any medals, points and/or prizes.

5.) This award is prononnced without costs, except for the Court Office fee of CHF 1'000 (one thousand Swiss Francs) already paid by WADA which is retained by the CAS.

6.) Each party shall bear its own costs.

7.) All other prayers for relief are dismissed.

CAS 2011/A/2522 WADA v. Federación Colombiana de Patinaje & Nicolás Bermúdez

Related cases:

• CAS 2011_A_2524 WADA vs FCP & Perez Moreno
  August 23, 2012
• CAS 2011_A_2523 WADA vs FCP & Serrano Burgos
  August 23, 2012

On 18 May 2011 the Colombian Skating Federation (FEDEPATIN) Disciplinary Commission decided to impose a 12 month period of ineligibility on the roller sports Athlete Nicolás Bermúdez Corredor after his samples tested positive for the prohibited substances Methylhexaneamine and Androstatrienedione.

Hereafter in August 2011 the World Anti-Doping Agency (WADA) appealed the FEDEPATIN Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.

The Athlete admitted the violation and denied the intentional use of the substances. He asserted that two contaminated supplements he had used were the source whereas they substituted two supplements he customarily used.

Following assessment of the evidence and the Athlete's conduct in this case the Panel finds that he failed to explain with corroborating evidence how the substances entered his system. Further the Panel deems that he acted negligently with his supplements.

Therefore the Court of Arbitration for Sport decides on 23 August 2012 that:

1.) The appeal of WADA is admissible.

2.) The decision rendered by the Disciplinary Commission of the FCP on 18 May 2011 against Nicolás Bermúdez Corredor is set aside.

3.) Nicolás Bermúdez Corredor is sanctioned by a two-year period of ineligibility, which started on 18 May 2011. The period of provisional suspension of 30 (thirty) days shall be credited against the total period of ineligibility to be served.

4.) All competitive tesults obtained by Nicolás Bermúdez Corredor from 22 October 2010 shall be disqualified with all the resulting consequences including forfeiture of any medals, points and/or prizes.

5.) This award is pronounced without costs, except for the Court Office fee of CHF 1'000 (one thousand Swiss Francs) already paid by WADA which is retained by the CAS.

6.) Each party shall bear its own costs.

7.) All other prayers for relief are dismissed.

Annual Report 2011 / Spanish Agency for the Protection of Health in Sport (AEPSAD). - Madrid : Agencia Española de Protección de la Salud en el Deporte, 2012

The Italian Company A signed in September 2010 a sponsorship contract with Company B, which managed cycling team C.
On 25 July 2011 the Ad Hoc Court of Arbitration for Sport Panel rejected the request of Company A to cancel their sponsorship of B and cyclingteam C. The Panel ruled that Company A had to continue their sponsorship payments from November 2010 to June 2013.

After the CAS Decision of 25 July 2011, newspaper articles and new releases on websites reported in September 2011 about doping violations committed by Athlete D, cyclist in Team C, and also mentioned criminal proceedings for doping and a confidentional list of suspected Athletes.
Reason for Company A to request the Swiss Federal Court for revision of the CAS decision of 25 July 2011: Company A argued that the doping violation showed that Company B failed to fulfill proper supervision on the team members and therefore, the sponsorship contract could be terminated immediately due to default.

The Swiss Federal Court decided on 21 August 2012 to dismiss the appeal of Company B. The Court ruled that the news about alleged doping violations in team C are no ground and are irrelevant to request a revision of the CAS decision.

Federação Portuguesa de Basquetebol (FPB), The Portuguese Basketball Federation, has reported in February 2012 an anti-doping rule violation against the Player after his A and B samples tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine). After notification the Player failed to respond to the FPB.
Therefore on 8 March 2012 the FPB Disciplinary Council decided to impose a 2 year period of ineligibility on the Player.

Hereafter in July 2012 the Player appealed the FPB sanction to the FIBA. The Player filed a statement in his defence and was heard for the FIBA Disciplinary Panel.
Player stated he had used a supplement Jack3D and researched the ingredients of the supplement on the internet before using it. After the notification he researched again the internet and found out that dimethylamylamin HCI, contained in the supplement, is another name for the banned substance methylhexaneamine.
The player expressed his regret and had no intention to enhance performance.

The Panel finds the Player acted negligently in his responsibility that no prohibited substance enters his body. He did not properly research the ingredients of the supplement before using it and did not consult a doctor or sport physician about the supplement. Considering Player’s statement the FIBA Disciplinary Panel decides to impose a 6 month period of ineligibility on the Player starting on the date of the FPB decision, i.e. on 8 March 2012.

In July 2012 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance human chorionic gonadotrophin (HCG).
After notification a provisional suspension was ordered and the Athlete was heard for the ANAD Hearing Commission.
The Athlete stated he used a supplement Weight Loss Formula purchased on the internet and the label did not mention prohibited substances. The Athlete stated he wanted this supplement to be analysed but hereafter he failed to do this due to the supplement was not longer available anymore on the internet. After an internet research the Hearing Commission established that the supplement contained HCG.

Therefore the ANAD Hearing Commission decides to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 7 August 2012.

Related case:
ANAD Comisia de Audiere 2012_19 ANAD vs Chris-Paul-Laszlo Schlechta
August 7, 2012

In May 2012 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Athlete Chris-Paul-Laszlo Schlechta after his sample tested positive for the prohibited substance testosterone with a T/E ratio above the WADA threshold.
After notification a provisional suspension was ordered and the date of the final hearing postponed in order to test the Athlete’s supplements.
The Commission notes that the athlete used those supplements without medical prescription and the athlete did not respect the deadline to send these supplements to be analyzed.
Therefore the ANAD Hearing Commission decides to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 7 August 2012.

In August 2012 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Athlete Samuel Ciorap after his sample tested positive for the prohibited substances clenbuterol and epimetendiol (methandienone).
At the hearing the Athlete stated he used the supplement Analbolic Evolution without presenting this product for the Commission.
The ANAD Hearing Commission decides to impose a 2 year period of ineligibility on the Athlete, starting on the date of the decision.

facts and history
Kofi Danso and Chiedozie Offiah (players) were selected for a doping test during a basketball match on January 6. Kofi Danso in fact was not selected but he impersonated the person who was selected for the doping control. Chiedozo Offiah was taking care of the player's licenses, and signed the team sheet. Also he identified Kofi Danso as the player selected for the doping test. When the original selected player was charged with an anti-doping rule violation the truth came out.
The result of this was: Kofi Danso was reported for an anti-doping rule violation for testing positive for the prohibited substance Cannabis and tampering or attempted tampering with any part of doping control.
Chiedozie Offiah was reported for an anti-doping rule violation for tampering or attempted tampering in connection with the collection of the sample collected from Mr Danso.
The hearing took place at the offices of Sport Resolutions (UK) in London on 26 June 2012.

Decision
Accordingly the Tribunal makes the following decision:
1. In the case of Mr Danso, the doping offences under Article 2.1 and 2.5 of the Anti-Doping Rules have been established.
2. In the case of Mr Danso the period of ineligibility is two years from the date of this decision.
3. In the case of Mr Offiah the doping offence under Article 2.5 of the Anti-Doping Rules has been established.
4. In the case of Mr Offiah the period of ineligibility is one year from 12 April 2012.