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The Fall Back Position

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Road Cycling
Published
16 September 2005
Last activity
21 September 2005
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B. Lafferty
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  1. Bill Stapleton:
    "We leave open the possibility that someone sabotaged those samples," he
    said. "Someone put EPO in them if the test is accurate."

    Did "someone" also sabotage the other samples from 1999 that came up
    positive? If the chain of custody is intact, and Stapleton agrees that the
    test is accurate, his boy has a very big problem.

    Note to Stapleton, it's not actually EPO that his "someone" would have put
    in the sample.

  2. Someone asked Virenque to donate tainted urine?

  3. "Milliano" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    Someone asked Virenque to donate tainted urine?


    :-)

  4. "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:

    Bill Stapleton:
    "We leave open the possibility that someone sabotaged those samples," he
    said. "Someone put EPO in them if the test is accurate."

    Did "someone" also sabotage the other samples from 1999 that came up
    positive? If the chain of custody is intact, and Stapleton agrees that
    the test is accurate, his boy has a very big problem.

    No, his boy actually doesn't have a problem. He *might* have been caught
    doping, but so what? He's retired, UCI/WADA won't or can't sanction him
    since the testing protocol was blown to hell. His image in the US (which is
    what counts for him) is undamaged. They'll blow some smoke and let it die
    (To keep kicking it up risks hurting Lance's marketability in the US of A.)
    Lance keeps his place in the record books as well as his lucrative US
    contracts. After a boring court case, Lance will even get his long delayed
    bonus. (Look for him to host a "cool new series" soon on the Discovery
    Channel.) Europeans and Lance haters will feel vindicated cause they
    "proved" he was doping. Everyone goes away happy.

    Time to move on, nothing here to see.

  5. "trg" <[email hidden]> insightfully responded...

    Quoted message said:


    No, his boy actually doesn't have a problem. He *might* have been caught
    doping, but so what? He's retired, UCI/WADA won't or can't sanction him
    since the testing protocol was blown to hell. His image in the US (which
    is what counts for him) is undamaged. They'll blow some smoke and let it
    die (To keep kicking it up risks hurting Lance's marketability in the US
    of A.) Lance keeps his place in the record books as well as his lucrative
    US contracts. After a boring court case, Lance will even get his long
    delayed bonus. (Look for him to host a "cool new series" soon on the
    Discovery Channel.) Europeans and Lance haters will feel vindicated cause
    they "proved" he was doping. Everyone goes away happy.

    Time to move on, nothing here to see.

    http://www.rloc.org/images/graphics/14.jpg

  6. "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:

    Bill Stapleton:
    "We leave open the possibility that someone sabotaged those samples," he
    said. "Someone put EPO in them if the test is accurate."

    Did "someone" also sabotage the other samples from 1999 that came up
    positive? If the chain of custody is intact, and Stapleton agrees that
    the test is accurate, his boy has a very big problem.

    No, his boy actually doesn't have a problem. He *might* have been caught
    doping, but so what? He's retired, UCI/WADA won't or can't sanction him
    since the testing protocol was blown to hell. His image in the US (which
    is what counts for him) is undamaged. They'll blow some smoke and let it
    die (To keep kicking it up risks hurting Lance's marketability in the US
    of A.)

    So that's why they hold a telephone press conference right after the [censored]
    Pound conference showing Hein in a very poor light. If they weren't worried
    about his US image, they wouldn't be out there doing the spin.

    Events have a way of gaining their own momentum. With the Times libel trial
    and CSA dispute coming on line, this isn't a story that will die any time
    soon. The most interesting thing in the press today, IMO, was this sentence
    in Vesey's regarding CSA's action, "SCA has cited the book and other doubts
    as a reason for not paying." The other doubts should be interesting.

    Quoted message said:

    Lance keeps his place in the record books as well as his lucrative US
    contracts. After a boring court case, Lance will even get his long delayed
    bonus. (Look for him to host a "cool new series" soon on the Discovery
    Channel.) Europeans and Lance haters will feel vindicated cause they
    "proved" he was doping. Everyone goes away happy.

    Time to move on, nothing here to see.

    Not unless you open your eyes.

  7. "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:


    "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:

    Bill Stapleton:
    "We leave open the possibility that someone sabotaged those samples," he
    said. "Someone put EPO in them if the test is accurate."

    Did "someone" also sabotage the other samples from 1999 that came up
    positive? If the chain of custody is intact, and Stapleton agrees that
    the test is accurate, his boy has a very big problem.

    No, his boy actually doesn't have a problem. He *might* have been caught
    doping, but so what? He's retired, UCI/WADA won't or can't sanction him
    since the testing protocol was blown to hell. His image in the US (which
    is what counts for him) is undamaged. They'll blow some smoke and let it
    die (To keep kicking it up risks hurting Lance's marketability in the US
    of A.)

    So that's why they hold a telephone press conference right after the [censored]
    Pound conference showing Hein in a very poor light. If they weren't
    worried about his US image, they wouldn't be out there doing the spin.

    Events have a way of gaining their own momentum. With the Times libel
    trial and CSA dispute coming on line, this isn't a story that will die any
    time soon. The most interesting thing in the press today, IMO, was this
    sentence in Vesey's regarding CSA's action, "SCA has cited the book and
    other doubts as a reason for not paying." The other doubts should be
    interesting.

    snore

  8. "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:


    "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...
    > Bill Stapleton:
    > "We leave open the possibility that someone sabotaged those samples,"
    > he said. "Someone put EPO in them if the test is accurate."
    >
    > Did "someone" also sabotage the other samples from 1999 that came up
    > positive? If the chain of custody is intact, and Stapleton agrees that
    > the test is accurate, his boy has a very big problem.
    >

    No, his boy actually doesn't have a problem. He *might* have been caught
    doping, but so what? He's retired, UCI/WADA won't or can't sanction him
    since the testing protocol was blown to hell. His image in the US (which
    is what counts for him) is undamaged. They'll blow some smoke and let it
    die (To keep kicking it up risks hurting Lance's marketability in the US
    of A.)

    So that's why they hold a telephone press conference right after the [censored]
    Pound conference showing Hein in a very poor light. If they weren't
    worried about his US image, they wouldn't be out there doing the spin.

    Events have a way of gaining their own momentum. With the Times libel
    trial and CSA dispute coming on line, this isn't a story that will die
    any time soon. The most interesting thing in the press today, IMO, was
    this sentence in Vesey's regarding CSA's action, "SCA has cited the book
    and other doubts as a reason for not paying." The other doubts should be
    interesting.

    snore

    Do you sleep with your eyes open or closed? ;-)

  9. "B. Lafferty" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    Bill Stapleton:
    "We leave open the possibility that someone sabotaged those samples," he
    said. "Someone put EPO in them if the test is accurate."

    Did "someone" also sabotage the other samples from 1999 that came up
    positive? If the chain of custody is intact, and Stapleton agrees that
    the test is accurate, his boy has a very big problem.

    Note to Stapleton, it's not actually EPO that his "someone" would have put
    in the sample.

    I believe the antibodies used in the urine test are raised against EPO
    epitopes so someone would have put EPO in his sample to sabotage it (which
    is complete bullsh_t but that's what lawyers and agents and other PR folks
    are supposed to say).
    -Mike

  10. Yes he does...He'll have to give his (insured) bonus money back after
    they sue him (and win). He'll lose spokesman/sponsorship duties that
    otherwise would have kept him in the dough for the next few years.

    And a DA somewhere just might decide to indict him for mail fraud (as
    in a felony).

  11. <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:

    Yes he does...He'll have to give his (insured) bonus money back after
    they sue him (and win). He'll lose spokesman/sponsorship duties that
    otherwise would have kept him in the dough for the next few years.

    Not at all certain. As long as the relavent cycling bodies say he won, it's
    complete conjecture today to say that he won't get his bonus without knowing
    the terms of the contract and Texas law. How does the contract define win?
    One could reasonably assume that it relies on either ASO or the UCI. And
    with those bodies in possession of all the information that CSA has, but
    still declaring Armstrong the winner, AND no relavant doping authority
    claiming Armstrong won because he doped, CSA will have a hard time proving
    otherwise. The fact that CSA doesn't want to pay out shouldn't come as a
    shock to anyone. That's pretty much SOP. Insurance companies are happy to
    take your money, but put up as many hoops as possible for you to jump
    through when it comes to trying to claim any of it. He'll only lose
    spokesman/sponsorship duties if a lot of bad publicity continues in the US.
    The best way for it to continue is if HE and his lawyers keep raising a
    stink after the story has died. That's why the important part of the press
    conference (which Brian, with eyes wide shut, overlooks) isn't his lawyers
    are blowing smoke about legal action (i.e. spinning the situation for the US
    market), but his annoncement that he's definitively retired. As he said, if
    he continued to ride, all this stuff would still be out there.

    I wouldn't be surprised if CSA is pressing their case not because they
    expect to win, but because they hope to settle out of court for a lower
    amount than the full sum (also SOP) with an Armstrong willing to accept less
    money in order to make the bad publicity go away (and stop paying for his
    lawyers' new yatchs). Anything Armstrong plans to do in the future (Cancer
    fight, politics, tv personality, ...) depends on his image in the US. That's
    where he's the most vulnerable and that's the lens through which these
    actions need to be regarded.

  12. "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    The fact that CSA doesn't want to pay out shouldn't come as a shock to
    anyone. That's pretty much SOP. Insurance companies are happy to take your
    money, but put up as many hoops as possible for you to jump through when
    it comes to trying to claim any of it.

    Insurance companies pay claims on a regular basis and only go to the trouble
    of contesting claims when they suspect that have a better than 50-50 shot of
    proving fraud.

    snip

  13. "TM" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:


    "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    The fact that CSA doesn't want to pay out shouldn't come as a shock to
    anyone. That's pretty much SOP. Insurance companies are happy to take
    your money, but put up as many hoops as possible for you to jump through
    when it comes to trying to claim any of it.

    Insurance companies pay claims on a regular basis and only go to the
    trouble of contesting claims when they suspect that have a better than
    50-50 shot of proving fraud.

    snip

  14. "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:

    Yes he does...He'll have to give his (insured) bonus money back after
    they sue him (and win). He'll lose spokesman/sponsorship duties that
    otherwise would have kept him in the dough for the next few years.

    Not at all certain. As long as the relavent cycling bodies say he won,
    it's complete conjecture today to say that he won't get his bonus without
    knowing the terms of the contract and Texas law. How does the contract
    define win? One could reasonably assume that it relies on either ASO or
    the UCI. And with those bodies in possession of all the information that
    CSA has, but still declaring Armstrong the winner, AND no relavant doping
    authority claiming Armstrong won because he doped, CSA will have a hard
    time proving otherwise. The fact that CSA doesn't want to pay out
    shouldn't come as a shock to anyone.

    SCA has already paid Armstrong $4.5 million, IIRC
    The legal issue is fraud in the inducment.

    Quoted message said:

    That's pretty much SOP. Insurance companies are happy to take your money,
    but put up as many hoops as possible for you to jump through when it comes
    to trying to claim any of it. He'll only lose spokesman/sponsorship duties
    if a lot of bad publicity continues in the US. The best way for it to
    continue is if HE and his lawyers keep raising a stink after the story has
    died. That's why the important part of the press conference (which Brian,
    with eyes wide shut, overlooks) isn't his lawyers are blowing smoke about
    legal action (i.e. spinning the situation for the US market), but his
    annoncement that he's definitively retired. As he said, if he continued to
    ride, all this stuff would still be out there.

    I wouldn't be surprised if CSA is pressing their case not because they
    expect to win, but because they hope to settle out of court for a lower
    amount than the full sum (also SOP) with an Armstrong willing to accept
    less money in order to make the bad publicity go away (and stop paying for
    his lawyers' new yatchs). Anything Armstrong plans to do in the future
    (Cancer fight, politics, tv personality, ...) depends on his image in the
    US. That's where he's the most vulnerable and that's the lens through
    which these actions need to be regarded.

  15. "TM" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:


    "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    The fact that CSA doesn't want to pay out shouldn't come as a shock to
    anyone. That's pretty much SOP. Insurance companies are happy to take
    your money, but put up as many hoops as possible for you to jump through
    when it comes to trying to claim any of it.

    Insurance companies pay claims on a regular basis and only go to the
    trouble of contesting claims when they suspect that have a better than
    50-50 shot of proving fraud.

    snip

    Bull.

    Tell that to terminally ill patients whose insurance companies refuse to pay
    for life saving treatment, figuring that they can just "wait 'em out". Or
    because the insured doesn't have the money and/or knowledge/skill/time to
    pursue the claim through the courts.

    Tell that to my sister in New Orleans whose insurance company is making her
    take pictures of every piece of putrid food in her freezer. Who refuses to
    pay for the first night of her stay in a motel because the hurricane hadn't
    hit yet (even though the mandatory evacuation order had already been given.)
    Who are requiring an itemized list of every downed tree limb so they can
    decide on a per limb basis whether or not to pay for it's removal.

    Take a look at ADP biased reports used by many insurance companies to reduce
    MedPay claims.

    Take a look at all the times insurance companies have forced insured to sue
    in order to get their benefits due. And how many times it ends with the
    insured receiving less than the owed amount because it would just be too
    expensive or drawn out to bring the case through the court system.

    Ask A.G. Eliot Spitzer about industry wide abusive practices in the
    insurance industry. ""If the practices identified in our suit are as
    widespread as they appear to be, then the industry's fundamental business
    model needs major corrective action and reform. There is simply no
    responsible argument for a system that rigs bids, stifles competition and
    cheats customers,"

    They routinely contest claims when they figure they have a chance of having
    to pay less. They couldn't care less about whether there was fraud or not.
    It's the botom line that counts. It's a financial calculation. Will they end
    up paying less if they contest a claim?

    We're not talking insurance companies refusing to pay because a customer has
    filed a fraudulant claim, but because it makes business sense not to pay.

  16. "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:


    "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:

    Yes he does...He'll have to give his (insured) bonus money back after
    they sue him (and win). He'll lose spokesman/sponsorship duties that
    otherwise would have kept him in the dough for the next few years.

    Not at all certain. As long as the relavent cycling bodies say he won,
    it's complete conjecture today to say that he won't get his bonus without
    knowing the terms of the contract and Texas law. How does the contract
    define win? One could reasonably assume that it relies on either ASO or
    the UCI. And with those bodies in possession of all the information that
    CSA has, but still declaring Armstrong the winner, AND no relavant doping
    authority claiming Armstrong won because he doped, CSA will have a hard
    time proving otherwise. The fact that CSA doesn't want to pay out
    shouldn't come as a shock to anyone.

    SCA has already paid Armstrong $4.5 million, IIRC
    The legal issue is fraud in the inducment.

    From their side, from Armstrong's side it's the refusal to pay the rest of
    the bonus. Might as well throw everything into the mix.

    Quoted message said:
    Quoted message said:

    That's pretty much SOP. Insurance companies are happy to take your money,
    but put up as many hoops as possible for you to jump through when it comes
    to trying to claim any of it. He'll only lose spokesman/sponsorship duties
    if a lot of bad publicity continues in the US. The best way for it to
    continue is if HE and his lawyers keep raising a stink after the story has
    died. That's why the important part of the press conference (which Brian,
    with eyes wide shut, overlooks) isn't his lawyers are blowing smoke about
    legal action (i.e. spinning the situation for the US market), but his
    annoncement that he's definitively retired. As he said, if he continued to
    ride, all this stuff would still be out there.

    I wouldn't be surprised if CSA is pressing their case not because they
    expect to win, but because they hope to settle out of court for a lower
    amount than the full sum (also SOP) with an Armstrong willing to accept
    less money in order to make the bad publicity go away (and stop paying
    for his lawyers' new yatchs). Anything Armstrong plans to do in the
    future (Cancer fight, politics, tv personality, ...) depends on his image
    in the US. That's where he's the most vulnerable and that's the lens
    through which these actions need to be regarded.



    Heck if you are rufusing to pay the guy, you're might as well through in the
    money you already paid out into the picture.

  17. "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:


    "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    <[email hidden]> a écrit dans le message de news:
    [email hidden]...
    > Yes he does...He'll have to give his (insured) bonus money back after
    > they sue him (and win). He'll lose spokesman/sponsorship duties that
    > otherwise would have kept him in the dough for the next few years.

    Not at all certain. As long as the relavent cycling bodies say he won,
    it's complete conjecture today to say that he won't get his bonus
    without knowing the terms of the contract and Texas law. How does the
    contract define win? One could reasonably assume that it relies on
    either ASO or the UCI. And with those bodies in possession of all the
    information that CSA has, but still declaring Armstrong the winner, AND
    no relavant doping authority claiming Armstrong won because he doped,
    CSA will have a hard time proving otherwise. The fact that CSA doesn't
    want to pay out shouldn't come as a shock to anyone.

    SCA has already paid Armstrong $4.5 million, IIRC
    The legal issue is fraud in the inducment.

    From their side, from Armstrong's side it's the refusal to pay the rest of
    the bonus. Might as well throw everything into the mix.

    Quoted message said:
    Quoted message said:

    That's pretty much SOP. Insurance companies are happy to take your money,
    but put up as many hoops as possible for you to jump through when it
    comes to trying to claim any of it. He'll only lose spokesman/sponsorship
    duties if a lot of bad publicity continues in the US. The best way for it
    to continue is if HE and his lawyers keep raising a stink after the story
    has died. That's why the important part of the press conference (which
    Brian, with eyes wide shut, overlooks) isn't his lawyers are blowing
    smoke about legal action (i.e. spinning the situation for the US market),
    but his annoncement that he's definitively retired. As he said, if he
    continued to ride, all this stuff would still be out there.

    I wouldn't be surprised if CSA is pressing their case not because they
    expect to win, but because they hope to settle out of court for a lower
    amount than the full sum (also SOP) with an Armstrong willing to accept
    less money in order to make the bad publicity go away (and stop paying
    for his lawyers' new yatchs). Anything Armstrong plans to do in the
    future (Cancer fight, politics, tv personality, ...) depends on his
    image in the US. That's where he's the most vulnerable and that's the
    lens through which these actions need to be regarded.



    Heck if you are rufusing to pay the guy, you're might as well through in
    the money you already paid out into the picture.

    If there's a determination that they don't have to pay this bonus due to
    fraud in the inducement dating prior to the contracts for the other bonuses,
    then they probably will go after that too. It isn't like Armstrong doesn't
    have the money to repay them.

  18. "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    Tell that to terminally ill patients whose insurance companies refuse to
    pay for life saving treatment, figuring that they can just "wait 'em out".
    Or because the insured doesn't have the money and/or knowledge/skill/time
    to pursue the claim through the courts.

    Well, I can just say 'look at all the life saving procedures insurance
    companies pay for without complaint', but I won't because it is as vague as
    your argument and just as meaningless.

    Quoted message said:

    Tell that to my sister in New Orleans whose insurance company is making
    her take pictures of every piece of putrid food in her freezer. Who
    refuses to pay for the first night of her stay in a motel because the
    hurricane hadn't hit yet (even though the mandatory evacuation order had
    already been given.) Who are requiring an itemized list of every downed
    tree limb so they can decide on a per limb basis whether or not to pay for
    it's removal.

    Why is your sister claiming frozen dinners and tree limbs?

    Quoted message said:

    Take a look at ADP biased reports used by many insurance companies to
    reduce MedPay claims.

    Take a look at all the times insurance companies have forced insured to
    sue in order to get their benefits due. And how many times it ends with
    the insured receiving less than the owed amount because it would just be
    too expensive or drawn out to bring the case through the court system.

    Well again, I could just say the opposite and it would mean as much.

    Quoted message said:


    Ask A.G. Eliot Spitzer about industry wide abusive practices in the
    insurance industry. ""If the practices identified in our suit are as
    widespread as they appear to be, then the industry's fundamental business
    model needs major corrective action and reform. There is simply no
    responsible argument for a system that rigs bids, stifles competition and
    cheats customers,"

    I hope he gets elected. It sounds like he has your vote. Why don't you
    write him a letter about armstrong and get his opinion on what you and I are
    discussing instead of another topic relating to the same industry?

    Quoted message said:

    They routinely contest claims when they figure they have a chance of
    having to pay less. They couldn't care less about whether there was fraud
    or not. It's the botom line that counts. It's a financial calculation.
    Will they end up paying less if they contest a claim?

    We're not talking insurance companies refusing to pay because a customer
    has filed a fraudulant claim, but because it makes business sense not to
    pay.

    Well, we are talking armstrong and we are talking about fraud.

    I don't mean to be too hard on you, but it seemed to me that you were
    implying that the only reason the insurance company is refusing to pay
    armstrong is because they would refuse to pay anyone no matter what. The
    fact is they paid until it became apparent that he may have broken the terms
    of the policy by using drugs.

    Now they are investigating and L'Equipe says they are right. Now, the devil
    is in the details and they might not be able to prove it, but we both would
    agree the odds are at least 50-50 that a court will say they don't have to
    pay. In fact, if the info in L'Equipe is admisable it is 100% certain they
    won't have to pay.

    And why we're talking about armstrong and court, perhaps you could explain
    to me why he hasn't sued L'Equipe like he has every other paper that
    accussed him of drug use?

  19. "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:


    "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:


    "trg" <[email hidden]> wrote in message
    news:[email hidden]...
    >
    > <[email hidden]> a écrit dans le message de news:
    > [email hidden]...
    >> Yes he does...He'll have to give his (insured) bonus money back after
    >> they sue him (and win). He'll lose spokesman/sponsorship duties that
    >> otherwise would have kept him in the dough for the next few years.
    >
    >
    > Not at all certain. As long as the relavent cycling bodies say he won,
    > it's complete conjecture today to say that he won't get his bonus
    > without knowing the terms of the contract and Texas law. How does the
    > contract define win? One could reasonably assume that it relies on
    > either ASO or the UCI. And with those bodies in possession of all the
    > information that CSA has, but still declaring Armstrong the winner, AND
    > no relavant doping authority claiming Armstrong won because he doped,
    > CSA will have a hard time proving otherwise. The fact that CSA doesn't
    > want to pay out shouldn't come as a shock to anyone.

    SCA has already paid Armstrong $4.5 million, IIRC
    The legal issue is fraud in the inducment.

    From their side, from Armstrong's side it's the refusal to pay the rest
    of the bonus. Might as well throw everything into the mix.

    Quoted message said:

    >That's pretty much SOP. Insurance companies are happy to take your
    >money, but put up as many hoops as possible for you to jump through when
    >it comes to trying to claim any of it. He'll only lose
    >spokesman/sponsorship duties if a lot of bad publicity continues in the
    >US. The best way for it to continue is if HE and his lawyers keep
    >raising a stink after the story has died. That's why the important part
    >of the press conference (which Brian, with eyes wide shut, overlooks)
    >isn't his lawyers are blowing smoke about legal action (i.e. spinning
    >the situation for the US market), but his annoncement that he's
    >definitively retired. As he said, if he continued to ride, all this
    >stuff would still be out there.
    >
    > I wouldn't be surprised if CSA is pressing their case not because they
    > expect to win, but because they hope to settle out of court for a lower
    > amount than the full sum (also SOP) with an Armstrong willing to accept
    > less money in order to make the bad publicity go away (and stop paying
    > for his lawyers' new yatchs). Anything Armstrong plans to do in the
    > future (Cancer fight, politics, tv personality, ...) depends on his
    > image in the US. That's where he's the most vulnerable and that's the
    > lens through which these actions need to be regarded.
    >


    Heck if you are rufusing to pay the guy, you're might as well through in
    the money you already paid out into the picture.

    If there's a determination that they don't have to pay this bonus due to
    fraud in the inducement dating prior to the contracts for the other
    bonuses, then they probably will go after that too. It isn't like
    Armstrong doesn't have the money to repay them.

    It's not like they don't have the money to pay Armstrong.

  20. "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...

    Quoted message said:


    "trg" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    "B. Lafferty" <[email hidden]> a écrit dans le message de news:
    [email hidden]...
    >
    > "trg" <[email hidden]> wrote in message
    > news:[email hidden]...
    >>
    >> <[email hidden]> a écrit dans le message de news:
    >> [email hidden]...
    >>> Yes he does...He'll have to give his (insured) bonus money back after
    >>> they sue him (and win). He'll lose spokesman/sponsorship duties that
    >>> otherwise would have kept him in the dough for the next few years.
    >>
    >>
    >> Not at all certain. As long as the relavent cycling bodies say he won,
    >> it's complete conjecture today to say that he won't get his bonus
    >> without knowing the terms of the contract and Texas law. How does the
    >> contract define win? One could reasonably assume that it relies on
    >> either ASO or the UCI. And with those bodies in possession of all the
    >> information that CSA has, but still declaring Armstrong the winner,
    >> AND no relavant doping authority claiming Armstrong won because he
    >> doped, CSA will have a hard time proving otherwise. The fact that CSA
    >> doesn't want to pay out shouldn't come as a shock to anyone.
    >
    > SCA has already paid Armstrong $4.5 million, IIRC
    > The legal issue is fraud in the inducment.
    >

    From their side, from Armstrong's side it's the refusal to pay the rest
    of the bonus. Might as well throw everything into the mix.

    >>That's pretty much SOP. Insurance companies are happy to take your
    >>money, but put up as many hoops as possible for you to jump through
    >>when it comes to trying to claim any of it. He'll only lose
    >>spokesman/sponsorship duties if a lot of bad publicity continues in the
    >>US. The best way for it to continue is if HE and his lawyers keep
    >>raising a stink after the story has died. That's why the important part
    >>of the press conference (which Brian, with eyes wide shut, overlooks)
    >>isn't his lawyers are blowing smoke about legal action (i.e. spinning
    >>the situation for the US market), but his annoncement that he's
    >>definitively retired. As he said, if he continued to ride, all this
    >>stuff would still be out there.
    >>
    >> I wouldn't be surprised if CSA is pressing their case not because they
    >> expect to win, but because they hope to settle out of court for a
    >> lower amount than the full sum (also SOP) with an Armstrong willing to
    >> accept less money in order to make the bad publicity go away (and stop
    >> paying for his lawyers' new yatchs). Anything Armstrong plans to do in
    >> the future (Cancer fight, politics, tv personality, ...) depends on
    >> his image in the US. That's where he's the most vulnerable and that's
    >> the lens through which these actions need to be regarded.
    >>
    >
    Heck if you are rufusing to pay the guy, you're might as well through in
    the money you already paid out into the picture.

    If there's a determination that they don't have to pay this bonus due to
    fraud in the inducement dating prior to the contracts for the other
    bonuses, then they probably will go after that too. It isn't like
    Armstrong doesn't have the money to repay them.

    It's not like they don't have the money to pay Armstrong.

    Correct. The $5 million is in escrow.

    Quoted message said:

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