This is my second post on the USADA testing protocol. My first post is here. As I mentioned yesterday, Mayweather and Pacquiao fight negotiations broke down earlier this year because Pacquiao and Mayweather couldn't agree on a cut-off date for testing --Pacquiao wanted blood testing to cease 24 days before the fight and Mayweather was only willing to agree to a 14 day cut-off maximum.
In this post, I will address the possibility that even if the fighters do come to terms on a 14 day or 24 day cut-off--or something in between-- the USADA itself may not participate because it will not agree to have restrictions placed on its testing program by athletes.
After the Mosley Mayweather fight, I went back and re-read an interview given by Victor Conte concerning the significance of a 24 day cut-off as opposed to a 14-day cutoff. In the interview, Conte was quoted in part as follows:
“I think you could do blood testing up to five days of a fight with no physical detriment to a participant,” “[a] compromise of 10 days would be all right. But as soon as you go 14 days or more, that’s enough time to use EPO [erythropoietin] and build up your red blood cell count. At 24 days, there’s all sorts of things that can be done with thyroid medication, fast-acting forms of insulin, EPO, testosterone." [sic]
“Now, for psychological reasons, some athletes are going to complain if blood-testing becomes mandatory. Manny Pacquiao isn’t the only one. Asafa Powell, the Jamaican Olympic sprinter, is terrified of having blood drawn. A lot of people are. But to take a very small blood sample would have an extremely minimal or no effect physically. Once someone got accustomed to it, it’d be much easier to accept.”
For those of you who do not know, Victor Conte was the founder and president of Bay Area Laboratory Co-Operative (BALCO) and he pled guilty in 2005 to conspiracy to distribute steroids and money-laundering. BALCO's client list allegedly included Olympian Marion Jones, boxer Shane Mosley and baseball player Barry Bonds. (Mosley has a defamation lawsuit currently pending in New York against Conte).
Given Conte's background, I was hesitant to rely on his statements alone in discussing the difference, if any, between a 14 day cut-off and a 24 day cut-off. So I reached out to the source, the USADA, and sought information from it concerning implications of increasing the cut off period by 10 days.
The responses I received (while not expected) are respectable and clearly in-line with the very purpose behind the USADA, but may not bode well for any Pacquiao and Mayweather agreement that falls short of granting the USADA unfettered, unannounced testing without restrictions.
Specifically, I asked the following questions and received the following answers from Erin Hannan, Communications and Outreach Director, with the USADA:
Q: I am trying to get a better handle on the point of contention between the fighters the last time around, i.e. Pacquiao wanted testing to cease 24 days before any fight and Mayweather wanted testing to cease 14 days before any fight. I am trying to understand the difference that 10 days makes from the USADA perspective. Are you able to point me to a resource on your website where this is discussed or are you able to provide an answer?
A: Fundamental to the no-notice testing program is that you can’t limit when sample collection is conducted, how many times, or have black-out days for testing, as that would allow athletes to cheat and not get caught.
Q: I guess the real question then is will the USADA participate if the fighters agree to something different, e.g. with Pacquiao and Mayweather they were discussing a 24 day testing cut-off (Pacquiao's proposal) to Mayweather's proposed 14 day cut-off? Stated differently, recognizing that the integrity of the testing is paramount, would the USADA participate in something other than its ideal referenced below in your email?
A: It’s absolutely correct that the integrity of the testing is paramount. Simply put, USADA won’t be involved with a program that is not credible. So we'll ensure a full, effective and credible program for clean athletes if we're involved.
Ms. Hannan's answers do not rule out the possibility that the USADA would be involved in something short of its ideal, i.e. the USADA could take the position that the no-notice testing program is ideal but that something short (or with a cut-off) is still "credible." Nonetheless, it appears from the responses above that the USADA will not participate even if Mayweather and Pacquiao do come to terms on a 14 day cut-off (or something between 14 days and 24 days).
For my part, I think this is a respectable approach--if the organization's goal is deter cheating and clean up sports it should only agree to be involved and give its stamp of approval to athletes who are willing to play by its rules.
That said, this may be a moot point because presumably, for the right price, there are private laboratories that will conduct a program that tracks the athletes' agreement.
Fight Lawyer
