Independent Investigation Analysis Samples from the 1999 Tour de France / E.N. Vrijman, Adriaan van der Veen, J.P.R. Scholten. – The Hague : Scholten c.s. Advocaten, 2006-05-01.- 370 p., fig., lit. – Report of the team of the independent investigator

Content:

1.) Executive Summary
2.) General Introduction
3.) The start of the investigation
4.) Addressing the issues concerned
4a.) Findings
4b.) Discussion of Findings
5.) Unanswered Questions, Conclusions and Recommendation

The independent investigation of all facts and circumstances regarding the analyses of the urine samples of the 1998 and 1999 Tours de France conducted by the French WADA-accredited Laboratory, the laboratoire Nationate De Depistage Du Dopage' ('LNDD') in Chatenay-Malabry, France, was the result of allegations made in the newspaper article 'Armstrong's lie', published in the French newspaper L'Equipe on August 23, 2005, that the American cyclist and seven-time winner of the Tour de France, Lance Armstrong, had used the prohibited substance 'recombinant EPO' (hereinafter: 'r-EPO') during the 1999 Tour de France.

According to the article, six urine samples of Armstrong from the 1999 Tour de France allegedly tested positive for r-EPO when analysed by the LNDD as part of ongoing research to further improve the existing detection method for r-EPO. In addition, it was alleged that six other urine samples, from six other riders, had also tested positive for r-EPO.

Conclusions:

Although no documentation has been made available, it is the opinion of the independent investigator that it may be accepted that the samples from the 1998 and 1999 Tours de France have been analysed by the LNDD for research purposes. WADA however, while claiming initially that the samples had been analysed for research purposes only, asked the LNDD to provide additional information, in particular the original codes of the samples that were analysed.

It is the conclusion of the investigator that WADA had also the intention that the research results, in combination with the additional information requested by WADA, be used for disciplinary purposes against individual athletes, directly contrary to its representation that the results would not be used "for any sanction purpose". In this sense one can speak of targeting by WADA of the participants of the 1998 and 1999 Tours de France.

The conclusion of the investigator is that the results reported by the LNDD in its research reports on the 1998 and 1999 Tours de France cannot be qualified as constituting Presumptive Analytical Findings, much less Adverse Analytical Findings and consequently do not provide proof of an Anti-Doping Rule Violation. The investigator has had no indication whether the "appropriate exchange of correspondence" or oral contacts between WADA and LNDD might have led to preventing that proper information on the "accelerated measurement procedure" and its limitations was inserted in the reports.

In addition the investigator concludes:
The LNDD violated applicable rules on athlete confidentiality by accepting to provide additional information, in particular the sample codes, to WADA. This applies notwithstanding the condition of strict confidentiality stipulated by the LNDD.
The LNDD violated applicable rules on athlete confidentiality by commenting publicly on the alleged positive findings, especially in relation with a particular rider, Lance Armstrong.
WADA violated applicable rules on athlete confidentiality by commenting publicly on the alleged positive findings, especially in relation with a particular rider, Lance Armstrong.
There is no factual basis to find that there has been an Adverse Analytical Finding, let alone that an Anti-Doping Rule Violation could be asserted. There is no way to conduct valid additional analysis of any remaining urine. Consequently, there is no basis for disciplinary action against any rider.

Recommendation:
Taking into account the conclusions drawn in this report as at this stage of the investigation, the UCI is recommended to refrain from initiating any disciplinary action whatsoever regarding those riders alleged to have been responsible for causing one or more alleged "Adverse Analytical Findings", on the basis of the confidential reports of the LNDD "Recherche EPO Tour de France 1998" and "Recherche EPO Tour de France 1999", and should inform allot the riders involved that no action will be taken based on the research testing by the LNDD.

Facts
The French Handball Federation (Fédération Française de Handball, FFHB) charges respondent M93 or a violation of the Anti-Doping Rules. During a match on December 11, 2010, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a metabolite of cannabis above the threshold value. Cannabis is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list. Cannabis is regarded as a specified substance.

History
The respondent didn't provide any explanation about how the prohibited substance had entered his body.

Decision
1. The sanction is a period of ineligibility of six months in which respondent can't take part in competition or manifestation organized or authorized by the FFHB.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

Facts
The Fédération Française Handisport (FFH) charges respondent M91 for a violation of the Anti-Doping Rules. During a wheelchair football match, on November 27, 2010, the respondent provided a sample for doping tests. His sample tested positive on a prednisolone and prednisone. Prednisolone and prednisones are prohibited substances on the World Anti-Doping Agency (WADA) prohibited list and regarded as specified substances.

History
The respondent has indicated that medication for a treatment is the cause of the positive test. There is proof of an subscription.

Decision
1. The sanction is a period of ineligibility of three months in which respondent can't take part in competition or manifestions organized or organized by the FFH.
2. The decision of March 19, 2011, by the disciplinary committee of the FFH should be modified.
3. The decision will take effect on the date of notification.
4. The decision will be published and sent to the parties involved

Facts
The Fédération Française Handisport (FFH) charges respondent M91 for a violation of the Anti-Doping Rules. During a wheelchair football match, on November 27, 2010, the respondent provided a sample for doping tests. His sample tested positive on a metabolite of cannabis. Cannabis is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list and regarded as a specified substance.

History
The respondent has indicated the use of cannabis two or three times a week, he receives it from a specialized care centre.

Decision
1. The sanction is a period of ineligibility of six months in which respondent can't take part in competition or manifestations organized or authorized by the FFH.
2. The period of ineligibility will be reduced by the period already served by the decision of March 19, 2011, by the disciplinary committee of the FFH.
3. The decision of March 19, 2011, by the disciplinary committee of the FFH should be modified.
4. The decision will take effect on the date of notification.
5. The decision will be published and sent to the parties involved

Facts
The French Federation of Sport Clubs and Art of Defence (Fédération des Clubs Sportifs et Artistiques de la Défense, FCSAD) charges respondent M90 for a violation of the Anti-Doping Rules. During a country-cross on December 12, 2010, a sample was taken for doping test purposes. The analysis showed the presence of clenbuterol which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
Respondent had not been able to explain how the prohibited substance had entered her body.

Decision
1. The sanction is a period of ineligibility of two years in which respondent can't take part in competition or manifestations organized or authorized by the FCSAD, as pronounced on May 2, 2011, by the disciplinary committee of the FCSAD but extended to related French sport federations.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

Facts
The French Rugby Federation (Fédération Française de Rugby, FFR) charges respondent M89 or a violation of the Anti-Doping Rules. During a match on January 6, 2011, a sample was taken for doping test purposes. The sample tested positive on boldenone or it's metabolite, trenbolone and nandrolone or it's metabolite. These substances are prohibited according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent had used product obtained from the Internet to improve his muscle-mass, these products are the cause of the positive doping test. He used them for two months to improve his chances for becoming a professional rugby-player.

Decision
1. The sanction is a period of ineligibility of four years, in which the respondent can't take part in competition or sports manifestations organized or authorized by the FFR, as pronounced by the decision, dated May 26, 2011, from the disciplinary committee of the FFR but extended to all related French sport federations.
2. The decision will start on the date of notification.
3. The decision will be published and sent to the parties involved.

In January 2012 the Koninklijke Nederlandse Krachtsport en Fitnessfederatie (KNKF), the Royal Netherlands Power Sport and Fitness Federation, has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substances methylhexaneamine (dimethylpentylamine) and cannabis.

After notification the KNKF ordered a provisional suspension. The Athlete filed a statement in his defence and waived his right to be heard for the KNKF Disciplinary Committee.
The Athlete admitted he smoked cannabis prior to the doping test and that the prohibited substance methylhexaneamine came into his body due to the use of the supplement BPI A.5.0, purchased in a supplement store.

The Committee concludes that the Athlete acted negligently due to he failed to research the ingredients of his supplements before using. Therefore the KNKF Disciplinary Committee decides to impose a 1 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. 17 January 2012.

In June 2011 the Koninklijke Nederlandse Cricket Bond (KNCB), the Royal Netherlands Cricket Association, has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance cannabis.
After notification the Athlete filed a statement in his defence and was heard for the KNCB Disciplinary Committee. The Athlete admitted he used cannabis out of competition a week before the doping test during the festivities on 30 April 2011.

Considering the Athlete had no intention to enhance his sport performance the KNCB Disciplinary Committee decides to impose a 6 month period on the Athlete starting on the date of the decision.
Fees and expenses for this committee shall be borne by the Athlete.

In June 2011 the Nederlandse Golf Federatie (NGF), the Netherlands Golf Federation, has reported an anti-doping violation against the Athlete after his A and B samples tested positive for the prohibited substances methylenedioxymethamphetamine (MDMA) and Methylenedioxyamphetamine (MDA).

The Athlete admitted he used ecstasy 3 days prior to the doping test, during the festivities on 29 and 30 April 2011. The Athlete wasn’t tested before and stated that he was unfamiliar with the anti-doping rules and anti-doping education.

Considering the circumstances and without intention to enhance sport performance the NGF Disciplinary Committee decides to impose a 1 year period of ineligibility on the Athlete, starting on 26 May 2011.

Facts
The French Motor Sports Federation (Fédération Française du Sport Automobile, FFSA) charges respondent M88 for a violation of the Anti-Doping Rules. During a Motor Sports event on October 23, 2010, a sample was taken for a doping test. Analysis of the sample showed the presence of a metabolite of cocaine. Cocaine is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent had willingly taken cocaine mixed in a glass of whiskey during a festivity a few days before the doping test. There was no intention to enhance sport performance.

Decision
1. The sanction will be a period of ineligibility of three months in which respondent can't take part in competition or manifestation organized by the FFSA.
2. The period of ineligibility will be reduced by the time all-ready served in voluntary suspension and the time served by the first instance decision of February 8, 2011, by the disciplinary committee of the FFSA.
3. The decision (acquittal) of the disciplinary committee of the FFSA, dated March 24, 2011, should be modified.
4. The decision will start on the date of notification.
5. The decision will be published en sent to the parties involved.