Legal battles could lie ahead for Lance Armstrong as old court cases come under spotlight

SCA Promotions and Sunday Times newspaper considering options regarding actions they lost to former cyclist in light of USADA evidence

by Sarah Barth   October 13, 2012  

Lance Armstrong (pic courtesy Photosport International)

Lance Armstrong could lose out to the tune of millions of pounds in civil cases, and even face criminal perjury charges following the sheer volume and detail of the allegations against him in the USADA reasoned decision, published this week.

The former cyclist could potentially be forced to pay back amounts including $7.5 million to SCA Promotions and a large libel settlement from the Sunday Times newspaper.

Armstrong could also face perjury charges arising from an arbitration hearing in Dallas in 2005 where he said on oath that he had never taken banned substances.

The Dallas case was brought after SCA refused to pay $5 million dollar bonus to Armstrong amid widespread rumours of his cheating. But Armstrong gave evidence to contest the claims, and eventually received a settlement totaling $7.5 million.

"At this time, SCA will await the UCI's response to the USADA report, and once the UCI decides what course of action it will take, we will assess our legal options," Jeffrey Dorough, a lawyer for SCA, told AFP.

There is also a possibility that justice officials in California will re-examine a closed file from earlier this year on Armstrong, in which the cyclist was alleged to have used drugs and misused funds while part of the US government funded US Postal Service team.

Peter Keane, a law professor at Golden Gate University in San Francisco, said: "The Justice Department is coming under a lot of pressure to take action. I am sure they are taking a second look at anything Armstrong was involved in.

"The USADA report has re-opened a number of problems for him."

The Sunday Times newspaper has reaffirmed that it is considering legal action against Lance Armstrong to recover the money it spent settling a libel case over an article in 2004 regarding his doping allegations.

In 2006 the cyclist settled out of court after the journalist David Walsh and the deputy Sunday Times sports editor, Alan English, published the article, which referred to the book co-written by Walsh, LA Confidential - The Secrets of Lance Armstrong.

A Sunday Times spokeswoman confirmed that Rupert Murdoch's News Corp, parent company of the Sunday Times, is "considering taking action to recover the money spent on a libel case he (Armstrong) brought and to pursue him for fraud."

The amount of the settlement was not disclosed at the time, but the following statement was jointly issued by the parties to the action:

"The Sunday Times has confirmed to Mr Armstrong that it never intended to accuse him of being guilty of taking any performance enhancing drugs and sincerely apologised for any such impression.

"Mr Armstrong has always vigorously opposed drugs in sport and appreciates the Sunday Times's efforts to also address the problem."

One senior source at the newspaper told Reuters that the case cost it about $1 million.

Mark Fabiani, Armstrong's spokesman, said that he had no comment on the Sunday Times' threat of legal action, and that the cyclist still strongly denied all the doping allegations.

A reopening of the Sunday Times case was "entirely implausible," he said. "There is not a single thing in the USADA report that the US attorney did not have," he said.

Whether or not a perjury case could be successful is unclear. Experts have warned that it could require years of legal argument and enormous financial cost to bring Armstrong into court to defend himself.

In 2001 Jeffrey Archer was jailed for perjury in the UK for lying in his 1987 libel case against the Daily Star. In the US though, it's less clear. A re-examination of the US Postal file in California would require political will from the US Attorney General in Washington.

In the SCA settlement, both parties agreed at the outset to accept the outcome as final, unless there is fraud in the process. The USADA findings could help to prove fraud, but it might be a long road.

12 user comments

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This is starting to look like a persecution!!

"Just as every cop is a criminal, and all the sinners saints".

LondonCalling's picture

posted by LondonCalling [146 posts]
13th October 2012 - 14:55

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Armstrongs lawyers look like having a busy few years ahead.

posted by Chrisc [141 posts]
13th October 2012 - 15:25

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LondonCalling wrote:
This is starting to look like a persecution!!

No, it's starting to look like anyone he squashed wants their money/reputation back.

Last night I would have considered trading a very loud baby for a really nice bike.

posted by notfastenough [3079 posts]
13th October 2012 - 16:37

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Hope Simeoni gets his slice...

"I can't believe I ate the whole thing..."

Cooks's picture

posted by Cooks [483 posts]
13th October 2012 - 17:14

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Larry is merely reaping what he's sown

Sudor

posted by Sudor [179 posts]
13th October 2012 - 17:53

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Given his enthusiasm for lawsuits over the years, this could ruin him. Couldn't happen to a nicer guy.

posted by The Rumpo Kid [590 posts]
13th October 2012 - 18:08

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The Rumpo Kid wrote:
Given his enthusiasm for lawsuits over the years, this could ruin him. Couldn't happen to a nicer guy.

You reap what you sow

spindoctore's picture

posted by spindoctore [49 posts]
13th October 2012 - 19:32

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Floyd Landis is going to be rich soon $$$ 30% please as the 'whistle blower'

posted by Roberj4 [189 posts]
14th October 2012 - 9:20

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Chrisc wrote:
Armstrongs lawyers look like having a busy few years ahead.

It's heartwarming to know that someone will do well out of this mess, isn't it?

Simon_MacMichael's picture

posted by Simon_MacMichael [8004 posts]
14th October 2012 - 10:12

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LondonCalling wrote:
This is starting to look like a persecution!!

No it really bloody isn't! Persecution was what LA did to Bassons, Simeoni, O'Reilly and many others.

This? This is called justice. Or perhaps Karma.

posted by Lacticlegs [124 posts]
14th October 2012 - 12:49

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Hilarious interview with Armstrong's lawyer on BBC sport website. When asked whether he was in favour of Lance's accusers taking lie detector tests he said yes. When asked if Lance would take one he suddenly says he is busy and cuts the interview short.

http://www.bbc.co.uk/sport/0/cycling/19941445

posted by NeilG83 [233 posts]
14th October 2012 - 13:17

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Hitting him where it *actually* hurts, eh!
He clearly doesn't care about how he's viewed as a sportsman or as a person, as long as he's still getting his munnee.
Now why didn't they think of that earlier..?

.....aspiring to mediocrity Big Grin

Mr_eL_Bee's picture

posted by Mr_eL_Bee [67 posts]
15th October 2012 - 8:29

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