13 Jun 2012
Facts
The UK Anti-Doping organisation ("UKAD") charged Lanre Olubamiwo ("player") for a commission of the UK Anti-Doping Rules.
On February 29, 2012, UK Anti-Doping charged the player with having recombinant EPO present in his system on 13 January 2012, and with using recombinant EPO on or prior to January 13, 2012, in breach of Articles 2.1 and 2.2 respectively of the UK Anti-Doping Rules.
History
1. The player hereby admits the intentional and repeated use of the following Prohibited Substances in the period 2006 to January 2012, in violation of Article 2.2 of the ABAE Anti-Doping Rules (in relation to use prior to September 2008) and of Article 2.2 of the UK Anti-Doping Rules (in relation to use from September 2008 to January 2012):
1.1 Category S1 (anabolic agents): boldenone; fluoxymesterone; methandienone; metribolone (aka methyltrienolone); axymetholone: testosterone; and trenbolone.
1.2 Category S2 (peptide hormones, growth factors and related substances); erythropoietin (aka EPO); Growth Hormone; and insuline like Growth Factor.
1.3 Category S4 (hormone and metabolic Inhibitors): anastrozole; exemestane; letrozole; and tamoxifen.
2. As a consequence:
2.1 All of the Respondent's boxing results from 1 January 2006 are disqualified, and all medals, titles, points and prize money that the Respondent won are forfeited, in accordance with Article 9 of the ABAE Anti-Doping Rules and Articles 9.1 and 10.8 of the UK Anti-Doping Rules. That prize money amounts to £46,000 (the 'Prize Money'), In accordance with Article 10.11.3 of the UK Anti-Doping Rules, the Respondent will. not be entitled. to be reinstated at the end of the period of ineligibility set out below unless and until he has paid all of the Prize Money to UK Anti-Doping.
2.2 The Respondent ls ruled Ineligible for a period of four years, calculated as follows:
2.2.1 Two years of Ineligibility is imposed pursuant to Article 10.2 of the UK Anti-Doping Rules, on the basis that (further to Article 10.7.4 of the UK Anti-Doping Rules) all of the above violations are to be treated as one single violation for purposes of Article 1.0:2; due to each occurring prior to the player being charged with any Violation.
2.2.2 A further two years of ineligibility is imposed pursuant to Article 10.6 of the UK Anti-Doping Rules, due to the following aggravating circumstances:
2.2.2.1 The Respondent has committed multiple anti-doping rule violations, albeit that for purposes of Article 10.2 they are treated as one violation.
2.2.2.2 The Respondent has used multiple prohibited substances repeatedly and intentionally as part of a doping plan or scheme.
2.2.2.3 The Respondent engaged in deceptive conduct in an effort to avoid the adjudication of his anti-doping rule Violations, asserting that have yet to use this product i.e., methandienone' and 'have never take EPO', when he knew both statements were false.
The panel hereby orders:
1. The Respondent· hereby admits the intentional and repeated use of the following Prohibited Substances in the period 2006 to January 2012, in violation of Article 2.2 of the ABAE Anti-Doping Rules (in relation to use prior to September 2008) and of Article 2.2 of tbe UK Anti,Doping Rules (in relation to use from September 2008 to January 2012):
1.1 Category S1 (anabolic agents): boldenone; fluoxymesterone; methandienone; metribolone (aka metbyltrienolone); oxymetholone, testosterone; and trenbolone.
1.2 Category 82 (peptide hormones, growth factors and related substances); erythropoietin (aka EPO); Growth Hormone; and lnsulin·like Growth Factor-1.
1.3 Category S4 (hormone and metabolic inhibitors): anastrozole; exemestane; jetrozcle; and tamoxifen.
2. As a consequence:
2.1 All of the Respondent's boxing results from 1 January 2006 are disqualified, and all medals, titles, points and prize money that the player won are forfeited, in accordance with Article 9 of the ABAE Anti-Doping Rules and Articles 9.1 and 10.8 of the UK Anti-Doping Rules. That prize money amounts to £46,000 (the 'Prize Money'), in accordance with Article 10.11.3 of the UK Anti-Doping Rules, the player will. not be entitled. to be reinstated at the end of the period of ineligibility set out below unless and until he has paid all of the Prize Money to UK Anti-Doping.
2.2 The Respondent ls ruled Ineligible for a period of four years calculated as follows:
2 2.1 Two years of ineligibility is imposed pursuant to Article 10.2 of the UK Anti-Doping Rules, on the basis that (further to Article 10.7.4 of the UK Anti-Doping Rules) all of the above violations are to be treated as one single violation for purposes of Article 10.2; due to each occurring prior to the Respondent being charged with any Violation.
2.2.2 A further two years of ineligibility is imposed pursuant to Article 10.6 of the UK Anti-Doping Rules, due to the following aggravating circumstances:
2.2.2.1 The player has committed multiple anti-doping rule violations, albeit that for purposes of Article 10.2 they are treated as one violation.
2.2.2.2 The player has used multiple prohibited substances repeatedly and intentionally as part of a doping plan or scheme.
2.2.2.3 The player engaged in deceptive conduct in an effort to avoid the adjudication of his anti-doping rule violations, asserting
that "I have yet to use this product [i.e., methandienone' and 'I have never take EPO', when he knew both statements were false.
2.3 In accordance with Article 10.9.1 of the UK Anti-Doping Rules, the four year period of Ineligibility is deemed to have started running from the date that the player was provisionally suspended on account of his adverse analytical finding for EPO, i.e., from 29 February 2012.
2.4 During the four year period of Ineligibility:
2.4. 1 In accordance with Article 10.10.1 of the UK Anti-Doping Rules, the player - may not participate in any capacity in any competition event or other activity (other than- authorized anti-doping education or rehabilitation programs) organized, convened, authorized or recognized by (a) the Britisch Boxing Board of Control ("BBBoC") or the ABAE or any body that is a member of or affiliated lo or licensed by the BBBoC or the ABAE; (b) any signatory of the World Anti-Doping Code or any club or other body that is a member of or affiliated to or licensed by a Signatory or a Signatory's
member organization; or (c) any professional league or any international or national-level event organization. If the Respondent fails to abide by this prohibition, his results in any fights that he contests in breach of this prohibition will be disqualified and a new period of ineligibility will be imposed on him, in accordance with Article 10.10.5 of the UK Anti-Doping Rules. lf the Respondent has any doubt about the ambit of the prohibition, he must discuss with UK Anti-Doping.
2.4.2 The Respondent will remain subject to and bound to comply with the UK Anti-Doping Rules, including the obligation to submit to drug-testing under the UK Anti-Doping Rules. If requested, he will provide information as to his whereabouts to facilitate such testing, in accordance with Article 5.4.1 of the UK Anti-Doping Rules.
3. In accordance with Article 7.6.6 of the UK Anti-Doping Rules, the Respondent must pay the costs of analysis of his B Sample collected on January 13, 2012, in the amount of £846 (the 'B Sample Costs'). However, there shall be. no order as to the costs of these proceedings.
4. The Respondent has no further right of appeal against this Order, but each of the international Amateur Boxing Association, and the World Anti-Doping Agency has a right of appeal against this Order or any part of it in accordance with Article 13 of the UK Anti-Doping Rules.
5. The disposition of these proceedings on the terms set out above will be publicly announced (including via UK Anti-Doping's website) without delay.
6. Further provisions relating to the period of Ineligibility are set out in the Appendix to this Consent Order.