inside federal prison camp
Much of what is being reported about the focus of the federal investigation involves speculation and, as one journalist reporting on the case for a major newspaper described it, “wishful thinking” on the part of sources that may have an interest in the outcome.
Misuse of public funds?
One possible area that may be of concern is that Landis has publicly spoken of extensive doping on Lance Armstrong’s team at a time when it received the bulk of its sponsorship money from the U.S. Postal Service. While the Postal system is now a largely self-supporting agency, it remains a public entity and while it does not receive direct payments from Congress, the revenues it generates are, nonetheless, considered public funds. So the theory suggests that because the team received public funds and then allegedly conspired to purchase, distribute and use illegally acquired prescription drugs and other substances that it would constitute a misuse of those public funds.
It could be a valid charge to consider, but there is one huge hurdle in that road, namely the section of the U.S. Code that outlines the statute of limitations (18 U.S.C. Section 3282). That establishes that there cannot be prosecutions for most crimes committed more than five years prior to the issuance of an indictment. There have, as of yet, been no indictments in this case. The Postal Service’s sponsorship expired at the end of 2004, nearly six years ago, and it would be difficult to pursue the case were that the sole basis of the investigation. Likely it is not.
The racketeering theory
In recent weeks, some have speculated that Miller might be considering use of the 1970 Racketeer Influenced and Corrupt Organizations Act (RICO), (18, U.S.C. Sections 1961-1968), to pursue the case. RICO was designed to give prosecutors a package of options to pursue long-time criminal conspiracies, primarily involving that fine organization dedicated to script development for film and TV, also known as “the Mafia.”
At first glance, RICO does provide for a broader time horizon in that it requires a defendant to have committed at least two acts of “racketeering activity” within ten years of commission of a prior act of racketeering activity. However, RICO’s wording can be confusing, especially that “pattern of racketing activity” language with the ten year reference. The fact remains that RICO is still subject to the general five-year statute of limitations, unless bank fraud is involved, and then it can be extended to ten.
Racketeering activity is a broad term that includes just about any nefarious deed, such as gambling, murder, kidnapping, extortion, arson, robbery, bribery (including sports bribery), distribution of obscene materials or — and here’s the kicker — chemicals and drugs that fall under the Controlled Substances Act. Anabolic steroids, for example, are classified as Schedule III controlled substances.
RICO also covers violations of the Currency and Foreign Transactions Reporting Act (31 U.S.C. Section 5311), which may be at issue here, since we’re dealing with allegations of moneys being transferred across international borders in order to advance a criminal conspiracy. It might be worth noting that before he made the jump to the FDA Criminal Division, Novitzky was an investigator for the Internal Revenue Service. This guy knows money and the things that criminal conspirators tend to do with it.
Assuming that there is evidence to show that a pattern of illegal drug use or money laundering continued past the Postal years and into the Discovery, Astana and RadioShack eras, prosecutors might be able to present evidence of an ongoing criminal conspiracy. The crucial question is the scope of the conspiratorial agreement, and whether the conspiracy is seen to continue until its purpose has been achieved or abandoned. If Lance Armstrong is, as some have suggested, the main focus of the investigation, then his 2005 retirement and subsequent return to cycling — and, by implication, the ongoing conspiracy — might also be at issue here.
I’m not sure that sports doping necessarily falls within the scope of Congress’s original legislative intent when it passed the law in 1970 and the courts would certainly take a close look at that. Ultimately, RICO is among a small class of crimes (tax crimes being another) where the local U.S. Attorney’s office does not have prosecutorial discretion. All RICO cases have to be reviewed and approved by the Department of Justice in Washington, D.C., and, in that sense, they are quite unlike run-of-the-mill mail fraud or theft of public funds cases.
Other questions
There are host of complicated jurisdictional questions that will inevitably arise when the grand jury begins to look at allegations of crimes that largely took place outside of the borders of the United States.
Ultimately, the current investigation (we really do need a catchy name for this thing) may end up like BALCO. Riders are being subpoenaed and questioned. They and their lawyers are keenly aware that the most serious prosecutions to come out of BALCO were for perjury. Those riders called to appear before the grand jury are likely to cooperate, given that they risk falling into that perjury (18 U.S.C. 1621) or false statements (18 U.S.C. 1001) trap that caught Marion Jones and Tammy Thomas. Cycling’s vaunted tradition of omerta probably won’t hold up too long when the threat of time in federal prison encourages candor.
I’m no prosecutor and every time I look at this case, I end up with more questions than answers. It should be an interesting process for cycling fans, reporters and attorneys alike.
Charles
“The Explainer” is a regular feature on VeloNews.com. If you have a question related to the sport of cycling that our editors might be able to answer, feel free to send your query to WebLetters@CompetitorGroup.com and we’ll take a stab at answering. Not all letters will be published and some questions may be combined with those of other readers. Please include your full name and hometown.
"The activation process has begun, which includes the hiring and training of staff and the purchasing of equipment and supplies," Ponce said.
The Bureau of Prisons anticipates needing approximately 360 staffers for FCI Mendota, ranging from correctional officers and physician assistants to secretaries and laundry plant managers.
Some have been appointed, including Copenhaver. Until recently, Copenhaver was warden of Federal Correctional Institution Dublin. The Dublin facility is a low-security prison for women.
Last year, Copenhaver won the attorney general's Award for Excellence from the Justice Department. Officials cited his "high expectations of staff and inmates" as well as his ability to cut overtime costs by one-third.
To lure additional career workers, the bureau has been offering relocation bonuses amounting to 17 percent of annual salary.
Still other Mendota staffers have yet to be hired. Web sites serving career correctional officers are buzzing with questions about the new Mendota prison, while the Bureau of Prisons has been posting online job notices and inducements.
"A federal prison is much like a small city surrounded by the security of a fence," the Bureau of Prison states in one online job recruitment pitch.
Ponce added that "we an- ticipate inmates beginning to arrive early next year," although a specific opening date has not yet been established.
"Inmates typically arrive in slow, steady increments over an extended period of time until a facility is nearly full," Ponce explained.
At the Fresno Regional Workforce Investment Board, marketing and communications director Janis Parker said a number of potential Mendota prison employees have expressed in- terest.
Interest anticipated
Once the prison announces a firm starting date, the Workforce Investment Board will help screen and evaluate potential workers.
"The San Joaquin Valley has double-digit unemployment, and I'm sure there will be a lot of people interested in those positions," Parker said.
Federal correctional officers typically start at salaries of $36,500 to $48,000 a year.
Completed at a cost of roughly $250 million, the Mendota prison grew more expensive than original estimates in part because of construction interruptions. In addition to the main medium- security facility, construction of an adjacent minimum security camp holding about 130 inmates is expected to be completed by April, Ponce said.
Work on the prison began in February 2005, but the scheduled 2008 completion date fell by the wayside when funding temporarily dried up. As late as March 2010, Rep. Jim Costa, D-Fresno, had to request help from fellow lawmakers in securing the funding necessary to open the Mendota prison.
Last week, Costa noted, San Joaquin Valley officials were "impressed" by what they saw when they were brought in for a tour of the facility.
Bee Washington Bureau reporter Michael Doyle can be reached at mdoyle@mcclatchydc.com or 202-383-0006.
