– The U.S. is Cracking Down with RADA –
In recent years, the Olympic Games and international competitions have been peppered with doping scandals. Team Russia and doping scandals have almost become synonymous (read about figure skater Kamila Valieva’s scandal here). However, Russia is not the only offender; other countries have had their fair share of athletes abuse performance-enhancing drugs (PEDs). Now, regulators of clean sport have been cracking down with anti-doping measures.
The United States, for instance, enacted the Rodchenkov Anti-Doping Act (RADA) in 2020.[1] RADA forbids conspiracies to taint international sports events through performance-enhancing drugs.[2] The Act imposes fines up to $1 million and prison terms of up to 10 years.[3]
A “naturopathic” therapist who distributed PEDs ahead of the Tokyo Olympics in 2021 has been sentenced to three months in prison.[4] The defendant, Eric Lira, will now be known as the first ever defendant to receive jail time under RADA. Lira was alleged to have distributed banned substances to two track-and-field athletes, both of whom are serving multi-year bans.[5]
This sentence sends a clear message that violating RADA comes with significant consequences.[6] Because RADA aims to deter the abuse of PEDs, it is not a coincidence Lira’s sentence was set months before this summer’s Paris Olympics.
Lira’s case is a strong example of the ways in which anti-doping authorities can work with law enforcement to enforce clean sport, especially in an Olympic year.
– International Update –
On the international stage, Romanian tennis player Simona Halep scored a win in her appeal of a doping ban with the Court of Arbitration for Sport (CAS).[7] Halep’s period of ineligibility was dropped from four years to nine months because her violation was found to be unintentional.[8] Even better for Halep, the nine-month sentence expired on July 6, 2023.
In August of 2022, Halep was found to have violated anti-doping rules when Roxadustat was found in her system.[9] Roxadustat, which increases the oxygen available to the body, is used to treat anemia but, is banned by WADA.[10]
Halep blamed her supplements as the source of the substance. She claimed to have adjusted her supplements and said none of the listed ingredients included any prohibited substances.[11] It is notable that after her initial positive test, every one of Halep’s subsequent tests was negative.[12]
In September of 2023, the International Tennis Federation found that Halep had violated anti-doping rules and banned her for four years. The next month, the CAS agreed to hear Halep’s appeal and the proceedings took place from February 7th to 9th in Lausanne, Switzerland.[13]
Halep was found to have “[born] no significant fault” for her violation. [14] But, the CAS noted that she has to bear some level of negligence for failing to exercise sufficient care in using the supplement.[15] In the end, the CAS reduced Halep’s sentence and ordered her disqualification from all competitive results from August 29, 2022 through October 2, 2022.[16]
Halep’s case differs from Lira’s. Halep was punished by the international governing body of tennis, as opposed to Lira who was convicted of a crime by a federal statute in his home country. These two cases illustrate the ways in which doping cases can play out at different levels and under different authorities. Halep’s situation differs from Lira’s in that her use of PEDs was unintentional. Although her violation was accidental, there is still a sentiment that violations must be accounted for. The CAS put the onus on Halep that she should have been more diligent in vetting her supplements. This reinforces the idea that governing bodies and governments are strictly enforcing anti-doping policies and are seeking to mitigate doping problems in sport.
As the Summer Olympics approach, one wonders how many doping cases will come out of the Paris Games, only to be adjudicated for years to come? It will be interesting to see how the stricter enforcement of anti-doping policies and RADA may impact the upcoming Games.
Image credit: Olympic website
Read Russia’s past bans for both doping and political reasons here.
Recommended watch: Icarus (on Netflix)
[1] https://www.foxnews.com/us/first-ever-anti-doping-act-conviction-nets-texas-therapist-3-month-prison-sentence
[2] Id.
[3] https://www.law360.com/sports-and-betting/articles/1805333?nl_pk=9ba2e64f-6b40-49a9-8029-c1a37ae85bfb&utm_source=newsletter&utm_medium=email&utm_campaign=sports-and-betting&utm_content=2024-02-23&read_main=1&nlsidx=0&nlaidx=0
[4] Id.
[5] Id.
[6] Id.
[7] https://www.law360.com/sports-and-betting/articles/1810540?nl_pk=9ba2e64f-6b40-49a9-8029-c1a37ae85bfb&utm_source=newsletter&utm_medium=email&utm_campaign=sports-and-betting&utm_content=2024-03-07&read_main=1&nlsidx=0&nlaidx=3
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
Leave a Reply