octreotide drip for gi bleed ciprobay drugs fake viagra side effects united pharmacy support omnicef 300 mg penicillin aldara medication costalesse isotretinoin for sale stem cell supplement in chicago lesofat pills famciclovir 500 mg for cats mirtazapine effects on psa order xenical online from canada buy anafranil 10mg folcres 5mg lexapro nasonex vs nasacort otc kelnor without prescription osu cialis pagamento paypal tryptizol 25 mg adderall lanoxin dosage form wellbutrin xl side effects rash buy priligy uk lamotrigine 25mg tablets best over the counter ed treatment cialis price in india eldepryl medication dictionary cialis professional for sale buy cipro xr online metoprolol succinate er 25mg side effects oracea savings card lasix and potassium supplementslasixs viagra frome india femara infertility letrozole glucotrol side effects glipizide levitra overnight alli precio amikacin injection side effects cafergot for migraine propranolol for migraines weight gain ramipril 10mg capsules side effects purchase lasix deliver london walgreens careers application online buy viagra professional in india redustat pastillas de dieta sirius viagra commercial buy doxycycline hyc 100mg xylocaine jelly over the counter tylenol pm ingredients antibiotics forsale on line buy elavil online with out prescription zantac coupons fentanyl patch dosage instructions viagra 50mg canada viagra in delhi diabecon ds amoxil 500mg antibiotics dosage premarin lawsuits breast cancer real viagra for less instant viagrawithoutprescription generic pharmacy india accutane rimadyl for dogs at walmart france viagra online pharmacy ketorolaco dosis pediatrica viagra scarborough toronto www cialis venta ohio baclofen 20 mg vs soma mestinon side effects drug can you get high from ceftin betnesol injection metronidazole contraindication order synthroid without prescription 40 viagra pills for 100 dollars tantalum long beach happy hour zyrtec 10mg side effects aleve vs ibuprofen vs tylenol pills that get you high list costo levitra 10 genuine branded pharmaceuticals desogen and weight gain vitamin d supplements and constipation prazosin for nightmares morphine pills side effects la sante sidenafil sibutramine weight loss pill 40 pills for 99 dollars skelaxin side effects drug interactions bactrim 4mg do goodrx coupons work pharm support group generic hydroxyzine side effects doctor dianabol for sale in stores liquidex anastrozole port vila vanuatu pharmacy progesterone deficiency duphaston tablet for pregnancy viagra online pharmacy india sunsuria bukit jelutong property tylenol with codeine for children clozapine drug level cabergoline drug manufacturer viagra for sale in fresno ca citalopram 20 mg celexa orderpharma topix hazard cipralex antidepressant depression cefixime trihydrate manufacturer india caniadians cilus buy tramadol with mastercard viamax golds gym diflucan side effects treatment viagra pills from mexico metrotab 400 caloriemexitil provera for sale can i use proscar for hair loss synthroid 125mcg online pharmacy dynamogen solution orale meaning buy mitazapine in uk anastrozole benefits for men valtrex prescription online where can i buy motrin 800 where can i buy nizagara best prescription pill high lisinopril 20 mg looks like canada pharmacy drugs is quibron still available augmentin side effects treatment buy prescriptions strattera reviews children no prescription viagra canada online tamoxifen citrate nolvadex side effects 5 mg cialis prices tinidazole dosage for amebiasis eszopiclone generic price lantus insulin for cats zoloft medication buy lipitor online with no prescription medustrusted pharmacies astelin nasal spray azelastine spray relafen side effects joint pain lamictal for depression only buy codeine cough syrup no prescription dilantin iv administration with filter tablete za kontracepciju nazivi phenergan addiction buy one live pharmicy direct pharmacy usa citrate test protocol atacand medication information can you still get accutane from canada orderpharma uk athletics betnovate scalp application side effects yasmin deliz hot terbutaline side effects on fetus erlamycetin ointment definitionescitalopram plavix coupons astra zeneca euroclinix reviews on apidexin luvox side effects in children fluoxetine prozac antidepressants phenergan with codeine syrup dosages zyprexa withdrawal symptoms headache printable cialis coupon venlafaxine er 37.5mg reviews westhroid medications identical generic viagra buy cafergot clonidine 0 2 to buy no prescription ditropan xl side effects in children canada safe viagra online will doxycycline thin blod fluconazole 150mg treatment for oral thrush plavix shoping cialis how much it costs xatral xl10 aspirin 81mg ec capoten 25mg tablets costco auto program tires promethazine 12.5mg zyd how much does cialis cost in canada davis drugs stores in canada silagra 100 no perscription ebay tractors elomet cream ointment and lotion 0.1 canadian pharmacy lilly c20 dicyclomine hydrochloride levitra 40 mg sale what is maxolon tablets used for walgreens coupons policy phenergan cost without insurance cheap disulfiram on line sales of viagra zovirax cream treatment infection depression test order prednisone online from canada buy prednisone no press tv voltaren side effects depression canadianmeds24h reviews metrogel vaginal gel dosage roxifen capsules painkiller pastillas north american pharmacy adderall xr side effects in women xlpharmacy canada immigration allegra d 12 hour coupons topamax and alcoholism cialis 4o mg viagra voucher viagra sandoz digoxin toxicity symptoms patients cialis vs viagra costs per pill trental side effects pentoxifylline sinequanone meaningful beauty cholesterol lowering foods cholesterol lowering diet tadalafil 20 mg buy direct from india esquina tango austin pregnant man thomas beatie as a woman trial samples of viagra amikacin antibiotic tablets kamagra 100mg tablets cheap antibiotics online asacol hd long term side effects buy diclofenac sodium 50mg az canadian meds medicina mas barata que la cialis buy asthma inhalers over the counter dostinex india duphalac syrup 200ml diane stretton lawsuit viagra online legitimate resources losartan 50 mg price buy retin a in canada champix tablets for sale mexican pharcharmy online erection packs without prescription zopiclone 7.5mg tablets pharmacy online viagra aristocort cream ointment for itchy skelaxin 800 ultra low dose isotretinoin parcopa orally disintegrating verapamil hydrochloride injection alendronate side effects jaw no prescription colchicine livraison du viagra au quebec itraconazole secnidazole side effects antidepressant drug philippines amoxicillin dosage for urinary tract infection where to buy sildenafil with mastercard canadian pharm direct no rx needed ampicillin for acne dosage fucidin cream acne buy kamagra jelly india buy sertraline no prescription cefamor 250 arcoxia medicine dosage lybrel birth control buy remeron for sleeping amphetamine salt combo zolpidem tartrate 5 mg side effects first plus otc viagrasales canada diovan generic in mexico diane rehm show podcast lopressor medication get cialis without prescription how much is bupropion without insurance provigil coupons 2012 cabergoline dosage bodybuilding pastile e 200 lipvas tablets under $100 pilex tablets pharmacy lipitor 20 mg sold in usa sunrise viagra dalacin c capsules bacterial vaginosis topamax dosage for bipolar clenbuterol side effects dosage zinoxime 75070 altace blood pressure meds meclizine side effects blood pressure generic finasteride 1 mg tadalafil canada no perscription zolpidem side effects medicine allegra coupons printable 2013 ranbaxy lipitor recall for nov. 2013 mirapex side effects disease diflucan otc walgreens actos lawsuit vigora 5000 homeopathic how to use cost of cialis daily sifrol pramipexole treatment for chlamydia remedy viagra prazosin get high para que sirve la prednisona 5 mg cialis brands in india vigorex 50 mg sildenafil vilches ateneo online rx canada biaxin side effects after you have finished treatment cheap drugs org pill viagra 5mg cialis discounts zetia cost walmart buspirone hcl vs xanax canadian meds online antibiotics for sale on line extenze vs viagra promethazine with codeine viagra generika gesundheit apetamin ingredients for lasagna sildenafil pulmonary hypertension pediatrics dosage vam vira prescription solutions refill fax form prozac nation trailer viagra tablet information in hindi canadian meds 24hr prednisone reviews for bronchitis zyprexa for anxiety attack tricor side effects fenofibrate india propecia chloroquine dosage children viagra canada shipping viagra levitra vendu en france best online pharmacy wit xeloda side effects capecitabine 500 metformin achat warfarin diet restrictions in spanish permethrin spray clothing where can i get cyprohepadine frumil diuretics viagra pfizer online cardizem generic side effects l tryptophan to build confidence dapoxetine viagra combo provera to start period pill medtronic baclofen pump spasticity norvasc for sale buspirone buspar vs xanax ordering cialis by mail metallica one lyrics youtube milnacipran generic xanax pulmicort nebulizer for infants discount genuine viagara levamisole hydrochloride drug premarin cream side effects yeast infection brand cialis pills salazopyrin medication interaction propranolol side effects beta blockers anxiety kamagra by ajanta pharma buy cialis online using pay pal us cialis prescriptions comprare viagra yahoo insulin novolog coupons buy amsa fast lasuna jewelry erythromycin purchase nizagara italiano warfarin and alcohol side effects pheromones in humans research buy amoxicillin capsules bp 250 mg 3 cialis jakarta marcumar medication information seroxat tablete coumadin clinic locations in georgia nizoral a d 2 anti dandruff shampoo pharmaceuticals no prescription himcolin cream of tartar cialis prescription price hydroxyzine hcl 25mg side effects drug stores pei cialis how to use otibact aldactone for hair loss diamox buy no prescription nifedipine ointment for anal fissures viagra malaysia pharmacy cytoxan chemotherapy for multiple myeloma pharmacy times continuing education answers clonidine 0.1 mg patch generic cialis for women piadas do tiririca youtube zineryt prospects viagra oneline in eu subutex treatment centers quality pill no rx plavix 75 mg generic name buy aciclovir india imovane zopiclone benzodiazepines kwikmed coupon code vardenafil in osterreich erhaltlich discount drugs online lotrel generic manufacturers tamoxifen weight gain tamoxifen therapy atenolol for anxiety disorder depomedrol side effects india drug pharmacy ativan withdrawal levaquin lawsuits 2015 substitue for doxecycline tylonel 3 on line pharmacy nizoral cream for ringworm viagra professional mexican pharmacy cheap doxycycline 180 100 mg without rx methylprednisolone 4mg dosepak sell starcef capsulesstarlix buy generic accutane 40 mg ranitidine 150 mg cost pillole viagra levitra from canadian pharmacies estrace wirkstoff fasigyn tinidazole 500mg topiramate medication is used for phenergan buy online no prescription viagra toronto canada morphine sulfate 15mg tablets cytotec induction protocol 1699 black market puregon motrin 800 side effects jasmine villegas boyfriend valium and alcohol use uk cheapest cialis online sominex sleeping pills side effects tenormin medications modafinil uk no prescription insulin glargine deltasone medication online viagra pas cher viagra online pharmacy 150 mg viapro male enhancement ephedraxin reviews on garcinia clomid 50mg buy online norvasc medication 2.5 buy clomid reviews vicodin and alcohol mix ospamox 1000mg amoxicillin clonazepam sale online diazepam dosage for alcohol withdrawal order fluoxetine online no prescription phentermine side effects dangers nexium 40 mg flovent hfa 110 mcg inhaler coupons abilify online xenical over the counter cefadroxil antibiotics caverta 100mg westhroid problems cialias generic who dispenses propanolol generic macrobid gpchealth reviews on apidexin viagra price at walmart cozaar side effects cozaar 50 mg prostata inflamada sangrando how to get viagra prescription online atomoxetine hcl price xerograx pastillas abortivas adalat serial you tube do some aftermarket viagras work saroten 25mg fentanyl over the counter medicine for uti depomedrol injection for allergies clomid in india evista and breast cancer prevention rimadyl 25mg chewable 180 amlodipine benazepril side effects medication generic cialis pricing cialis from india online pharmacy actos pioglitazone hcl 30mg cialis en ligne allemagne amoxicillin canadian pharmacy atepros finasteride alli canadian pharcharmy online buy orlistat 120mg in usa periostat doxycycline hyclate buy clomid nz best cialis online discount prices plavix manufacturer coupon obestat reductil reviews eutirox 100 merck atenolol side effects impotence viagra tablet canadian prices cytotec 200 mcg viagra 400mg levlen ed online sample pack of cialis online pravastatin side effects mayo clinic salbutamol guaifenesin mechanism of action cefamor 250 ninjacefixime 367 suhagra garrigue pronunciation dictionary jasmine rice recipe ideas buy aricept wiyhout a prisception mometasone cream poison ivy kamagra oral jelly kako koristiti tramadol cod overnight delivery adderall side effects in adults anger lasix dosage ofloxacin buy from canada where can i buy zovirax lesofat review philippines airlines elavil medication for headaches xatral xl 10mg yasmin le bon buy cialis professional online net verapamil 240 mg pills to get you hard
Home Maury Brown Court Ruling Places Name Leakers, BALCO Investigation in the Crosshairs

Like Shoot to Thrill - An AC/DC Tribute on Facebook!

An authentic tribute of AC/DC that covers the best of the Bon Scott era and the best of Brian Johnson's material

Who's Online?

We have 1133 guests online

Atom RSS

Court Ruling Places Name Leakers, BALCO Investigation in the Crosshairs PDF Print E-mail
User Rating: / 13
PoorBest 
Written by Maury Brown   
Thursday, 27 August 2009 11:15

Maury BrownIn some alternate universe, Alex Rodriguez, Sammy Sosa, Manny Ramirez, and David Ortiz, were never publicly linked to testing positive for steroids in 2003. Selena Roberts and Michael S. Schmidt never ran their stories because there were never any crooked lawyers with access to information that was forever to remain confidential. There was also never any story about how the MLBPA dropped the ball on destroying the Survey Test results from 2003, because they would have had time to do so. Countless blogs would have never published a leaked “list” of 104 players that reportedly tested positive as part of the testing in 2003. Instead, there was dull talk about how the joint MLB/MLBPA test in 2003 got us mandatory drug testing starting in 2004, albeit a weak start in the right direction.

In reality, the United States Court of Appeals for the Ninth Circuit ruled yesterday that federal investigators, led by Jeff Novitzky, illegally seized those 2003 test results as part of the BALCO investigation from Comprehensive Drug Testing (CDT) in California, where the information was stored on computer. As the majority ruled, “This was an obvious case of deliberate overreaching by the government in an effort to seize data as to which it lacked probable cause.” It was that illegal seizure that set into motion all of the above, most notably the stories by Roberts and Schmidt.

As Chief Judge Alex Kozinski wrote for the majority in yesterday’s ruling, the leaking of names from documents that were under court seal, has done harm to baseball’s drug testing policy.

"The risk to the players associated with disclosure, and with that the ability of the Players Association to obtain voluntary compliance with drug testing from its members in the future, is very high. Indeed, some players appear to have already suffered this very harm as a result of the government’s seizure."

The ruling then points a direct finger at The New York Times, citing examples:

See, e.g., Michael S. Schmidt, Ortiz and Ramirez Said to Be on 2003 Doping List, N.Y. Times, July 31, 2009, at A1; Michael S. Schmidt, Sosa Is Said to Have Tested Positive in 2003, N.Y. Times, June 17, 2009, at B11; Michael S. Schmidt, Rodriguez Said to Test Positive in 2003, N.Y. Times, February 8, 2009…

At the heart of Schmidt and Roberts’ stories are one or more individuals (Schmidt cited unnamed lawyers) that had access to the “list” created by a federal investigator believed to be Novitzky (the list was created from an illegally seized spreadsheet in a mountain of other documents in what has been labeled the “Tracey” directory). Those individuals will now become the focus, as opposed to the players. As Donald Fehr and Michael Weiner said in a joint statement after the Ninth’s ruling, “Anyone who leaks information purporting to contain those 2003 test results is committing a crime.”

Indeed, the MLBPA had begun pressing for an investigation into the leaks before yesterday’s ruling, and it seems a near certainty that there will be. Regardless of the ruling, leaking of information from sealed court documents is a crime, it’s just that now, the court’s ruling makes what has been leaked, information that government investigators should have never had access to in the first place. As the ruling for the majority reads in part, “the Players Association is aggrieved by the seizure as the removal of the specimens and documents breaches its negotiated agreement for confidentiality, violates its members’ privacy interests and interferes with the operation of its business.”

The ruling will place incredible pressure on Schmidt and Roberts (as well as The New York Times and Sports Illustrated) to come forward and reveal the sources that leaked the player names. The court ruling places into focus the very reason the names were to remain under court seal.

Now, the hunted will become the hunted, and rightfully so. Civil cases by Rodriguez, Sosa, Ramirez , and Ortiz against the federal government, and anyone that leaked information to Schmidt and Roberts becomes a real possibility as they look to some form of monetary damages for what has been incurred.

That may be the least of the worries for those that have leaked information. Jail time seems a very real possibility.

There is also considerable damage to the BALCO investigation. There have been reports that as much as $60 million has now been spent by the federal government as part of the investigation into steroid use in Major League Baseball. Critics have said that the investigation has moved into the realm of “trophy hunting” – going after star players, most notably Barry Bonds – due to their high public profile. Novitzky, and other investigators overstepped their boundaries by not properly issuing a search warrant and seizing computer files that had no relationship to the BALCO investigation. While the government could appeal the Ninth’s ruling to the Supreme Court, chances are exceptionally thin. As noted by Jonthan Littman of Yahoo! Sports, “There may be technical hurdles. The government didn’t follow standard court rules. It failed to appeal lower court rulings. And the necessary political momentum may have evaporated from the last stages of a steroids probe running out of testosterone.”

So, the light at the end of the tunnel, for those involved in the federal investigation that began with BALCO, and then illegally overstepped into baseball’s joint drug testing program in 2003, is not a victory, but rather an oncoming train of investigations into the manner in which it gathered information, and those that leaked confidential information that should have never seen the light of day. The names within the reported “list” will surely never be released. As noted within the ruling.

“[B]y forcing the government to return property that it had not properly seized, CDT is preserving the integrity of its business and the Players Association is protecting the privacy and economic well-being of its clients, which could easily be impaired if the government were to release the test results swept up in the dragnet.”

For more, read the States Court of Appeals for the Ninth Circuit ruling in US vs Comprehensive Drug Testing

RELATED CONTENT:


Maury BrownMaury Brown is the Founder and President of the Business of Sports Network, which includes The Biz of Baseball, The Biz of Football, The Biz of Basketball and The Biz of Hockey. He is available for hire or freelance. Brown's full bio is here. He looks forward to your comments via email and can be contacted through the Business of Sports Network (select his name in the dropdown provided).

Don't forget to register and log in on The Biz of Baseball site to get updates via your in-box, and see information only logged in members can see.

Follow Maury Brown on Twitter Twitter

Follow The Biz of Baseball on Twitter Twitter

 
 
Banner

Poll

Should MLB Force Jeffery Loria to Sell the Marlins?