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Organised crime and ElephantJuice in sport investigation part IV

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For them to get any monetary money they need to prove that something untoward happened, that the club were responsible, and that they have been suffered damage financially, physically, and/or emotionally.

Even if before it goes to court, the ASADA investigation shows issues with Cronulla's programs - they would be hard pressed to show any damages to them financially or physically. They could not ask for loss of future earnings unlike currently contracted and playing players.

What will happen (if ASADA don't wrap up their investigation before then) is it will go to a judge, and he will either throw it out or he will accept it and set a date for it to be heard. If the latter, the Sharks will then go to settle to prevent the risk.

If another parties actions caused my reputation to be ruined , like being labeled a drug cheat, I think i'd sue as well.
 
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Armageddon.

Juniors
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1,126
The fact your username is 'The Elephant In The room' is quite appropriate in this thread given the word filter change. Just don't leave any of your juice behind.
 

El Diablo

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http://www.smh.com.au/rugby-league/...ound-guilty-of-drug-abuse-20131017-2vpqk.html

Cronulla face up to $1m fine if found guilty of drug abuse

Date
October 18, 2013

Brad Walter
Chief Rugby League Writer

The maximum fine faced by Cronulla after the Australian Sports Anti-Doping Authority investigation will be $1 million - half the $2 million penalty the AFL recently imposed on Essendon.

While the NRL will not confirm that action will be taken against any club or official until ASADA hands down its full report into allegations of illegal substance abuse in the game, it is widely expected that the Sharks will be hit with charges similar to those levelled against the Bombers.

Essendon players and officials are yet to face sanctions from ASADA but the club was fined $2 million for bringing the code into disrepute and leading officials, headed by coach James Hird, were sanctioned for breaches of duty of care and player welfare issues.

Cronulla have been served with legal letters on behalf of two former players, Isaac Gordon and Josh Cordoba, over the supplements program at the club in early 2011, in which members of the top squad were allegedly given peptides CJC-1295 and GHRP-6.

Gordon has detailed to Fairfax Media how he suffered bruising from his groin to his toe and was advised by former Sharks doctor David Givney that his blood was so thin a blow to the head could be fatal. However, Cronulla will not be hit with financial penalties as heavy as those meted out to the Bombers as the maximum fines that the NRL can impose is $1 million on a club and $50,000 against an individual.

The penalties are outlined in Section 9 of the National Rugby League Rules, which states: ''A breach of these Rules, or any Schedules or Guidelines to these Rules, by any Club or by any person bound by these Rules renders that Club or person liable, for each such breach, to any one or more of the following penalties:

(1) The imposition of a fine not exceeding $1 million in the case of a Club; (2) the imposition of a wholly or partially suspended fine not exceeding $1 million in the case of a Club on such conditions and for such period of operation as the Chief Executive Officer, in his absolute discretion, considers appropriate; (3) the imposition of a fine not exceeding $50,000 in the case of a person; and (4) the imposition of a wholly or partially suspended fine not exceeding $50,000 in the case of a person, on such conditions and for such period of operation as the Chief Executive Officer, in his absolute discretion, considers appropriate.

There are a range of other penalties the NRL can impose, including the deduction of competition points ''either for the season in which the breach was found to have occurred or for a subsequent season or seasons''. That can include competition points the club is yet to earn, as happened when Melbourne were forced to play the 2010 season for no competition points after being found guilty of salary cap breaches. Clubs can also be excluded from playing in the NRL, specified rounds of the competition or the finals series.

The NRL also has the power to impose a requirement upon clubs or individuals that ''restitution and/or compensation be paid to any persons or entities affected by the breach''.

Besides Gordon and Cordoba, whose lawyer James Chrara is trying to determine whether he has suffered mental anguish as a result of the supplements program at the Sharks, the club could also face legal action from players banned for taking performance-enhancing ElephantJuice after being advised the substances were legal.
 

Perth Red

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69,984
He seems to have missed this point. They could have more than one charge, in theory.

The penalties are outlined in Section 9 of the National Rugby League Rules, which states: ''A breach of these Rules, or any Schedules or Guidelines to these Rules, by any Club or by any person bound by these Rules renders that Club or person liable, for each such breach, to any one or more of the following penalties:
 

El Diablo

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94,107
http://www.dailytelegraph.com.au/sp...r-doping-worries/story-fni5f22n-1226743081022

Cats, Crows, Demons and Giants called ASADA over doping worries

Peter Mickelburough
Sunday Mail (SA)
October 19, 2013 10:47PM

GEELONG, Melbourne, Adelaide and Greater Western Sydney called the Australian Sports Anti-Doping Authority ElephantJuice authority over doping worries, secret documents reveal.

Documents obtained by the Sunday Mail under Freedom of Information laws reveal also reveal secret AFL sources have been corresponding with the ASADA.

Geelong, GWS and Adelaide all contacted ASADA over concerns about prohibited substances before the 2013 season kicked off.

Melbourne also called ASADA over doping worries four rounds into the season.

But ASADA refuses to say what concerns were raised by the clubs or release details of their correspondence.

After a six month Freedom of Information battle for doping related correspondence between the authority and the AFL, its clubs and players, ASADA released just three partial documents to the Herald Sun, despite initially identifying 2444 relevant documents and putting a $16,619.40 price tag on vetting them.

Two of the partially released documents are copies of the media announcement of the Switkowski Report into the Essendon doping scandal.

The third was a January 18 email from the Adelaide Crows seeking a list of prohibited substances.

The secret sources and the clubs with doping issues are identified in a schedule of just 13 documents ASADA eventually deemed relevant to the Herald Sun request.

Access to two of those documents, an August 12 email between "*" and ASADA and a May 16 email between Essendon and ASADA was denied because they involved a "confidential informant".

ASADA spokesman Rohan Lindeman declined to say how many whistleblowers ASADA has in the ranks of the AFL, or give any indication of the type of doping concerns raised by the clubs.

"ASADA does not discuss the operational details of its anti-doping program," he said.

"This correspondence (with the AFL clubs) is confidential and ASADA cannot comment any further."

Geelong is listed as telephoning ASADA twice on February 8 - three days after the Essendon asked ASADA to investigate its supplements program. GWS called once that day and Melbourne once on April 23. The calls are recorded in six pages of secret documents.

There were also eight emails between Essendon and ASADA between February 27 and July 26, including the two relating to the Switkowski Report announcement and a third relating to the "confidential informant".

The Sunday Mail initially sought all correspondence on prohibited performance enhancing ElephantJuice between ASADA and the AFL; AFL clubs; AFL club staff or contractors; and AFL players, from January 1, 2012 to March 13, 2013.

After receiving an estimated $16,619.40 processing charge the Sunday Mail sought to reduce the scope of the request by limiting it to correspondence involving ASADA's Investigations and Intelligence Services branch and its Legal Services and Results Management branch and excluding all non-positive drug tests.

ASADA rejected this request, saying it was too voluminous, with an estimated 600-plus relevant documents.

The doping authority then agreed to process a request which omitted its correspondence with the AFL, with a preliminary search identifying 309 documents within the scope of the request and estimating the processing cost at $567.

However, a month later ASADA said it had identified just 13 relevant documents and, with 10 of those deemed totally exempt from release and the other three partially exempt, the charges were dropped.

ASADA determined the release, or full release, of the documents would, on balance, be contrary to the public interest. Six documents were also deemed exempt because their release could prejudice ASADA's current AFL investigation.

Two of those documents were also exempt because their release would "disclose, or enable a person to ascertain, the existence or identity of a confidential source of information".

Seven documents were also exempted because they had been obtained "in confidence".

Essendon remains under investigation by ASADA.

Geelong, Gold Coast and Brisbane were also investigated by the doping agency this year, while a probe into Melbourne is ongoing.

The AFL announced on Thursday that it had identified 12 clubs that had conducted supplements programs that lacked accountability but would not pursue any further investigations as it was confident that, aside from Essendon, clubs had not used illegal or questionable substances.
 

butchmcdick

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52,127
The AFL must explain why Essendon was singled out for unprecedented penalties when other clubs have now been revealed as having supplement programs of their own, writes Tracey Holmes.

Far be it for people to suggest that while the biggest scandal to hit the AFL was unfolding, it was furiously sweeping the rest of its dirt under the carpet. This week the controllers of Australia's 'Indigenous code', as they refer to themselves, had a real spring clean.

With all of the heavyweights on a tour of Ireland with an actual Indigenous team, a story without fanfare made its way onto the AFL website. It stated:

12 clubs conducted programs with medium or high levels of supplement use and lacked a single point of accountability.
That's '12 clubs'. Not 'one' club. Not 'Essendon'. We are talking 66 per cent of the AFL competition.

Does that sound alarming to you? It should.

This fact and others make up part of "an AFL survey" which was:

... conducted following the release of the Australian Crime Commission's ElephantJuice in Sport report - which also revealed that club documentation of player supplement use was 'inadequate'.
Sounds very much like Essendon's supplement program - with one enormous difference.

Essendon was subjected to six months or more of front page headlines, current affairs stories and emotional talk back radio following a leak that the club was running a systemic doping program. There was talk of lifetime bans for some club personnel and the possibility that Essendon would be kicked out of the competition.

Ultimately the AFL had to drop all its pumped up drug charges because there was no proof that the strict World Anti Doping Authority's rules had been breached. What was left was a charge of 'bringing the game into disrepute' for lack of governance.

Essendon still paid heavily though. The club suffered the biggest penalties and suspensions ever handed down by the AFL Commission, while character assassinations were conducted in the Melbourne media, mostly surrounding the club's appointed fall guy, coach James Hird.

How is it that 11 other clubs (assuming one of the 12 was Essendon) manage to go unreported, unquestioned and unanswerable? As far as we know, there may be absolutely no difference between Essendon's program and the other 11 teams.

Disappointingly but unsurprisingly, there was no official available for comment from AFL HQ since they are on an end of season tour in another hemisphere. Perhaps the financial crisis in Ireland is so dire there are no phone connections and emails can't get through.

These are the questions that need to be answered when the heavyweights jet back in:

How are the supplement programs at the other 11 clubs any different to Essendon's?

Without the same level of scrutiny and investigation being applied to all clubs how can the AFL justify singling out Essendon?

If "12 clubs conducted programs with medium or high levels of supplement use and lacked a single point of accountability", then why aren't 12 clubs being charged with bringing the game into disrepute because of lack of governance?

The AFL survey also found that players (no definitive number was given, so it could be a few or a lot) "from nine different clubs sourced supplements independently from clubs". This is what 'honest' players admitted to - how many more players did not honestly respond?

If so many players are sourcing supplements, surely it would be better for it to be controlled by the clubs than to have hundreds of players all approaching it differently and without effective supervision?

If it is better for the clubs to control supplement programs, then what on earth has this whole season-long drama been about?

In Andrew Demetriou's absence, the only statement AFL HQ could make is that in the next week or so the AFL will announce a much stricter anti-doping code than players are already subject to, and much stricter protocols for all clubs to follow. The AFL is also likely to boost its resources and investigative unit to ensure that one of the world's most over-policed industries, sport, becomes even more so.

Interestingly, a season of such disrepute has worked well for the AFL: television viewing numbers were up, club memberships across the board were up, and Essendon itself didn't splinter into bits and disappear.

The mass player exodus reported as fact in some quarters of the media failed to materialise - like the drug charges, the lifetime bans and other 'leaked' headlines that demonised one of the code's most powerful clubs. Despite the breathless headlines and endlessly hyped stories very few of the allegations were proven. Many of these stories have now been nominated for Walkley awards.

In the same way Essendon was very publicly held to account by some sections of the media, the expectation should be that the other clubs will be held to account by the same journalists. Likewise, the judges of journalism's highest award in Australia should hold the nominees in the sporting categories to the same high standards. Headlines don't equal evidence. Walkley judges need to look behind the heat generated and ask just how much light was actually shed.

Just because it's sport does not mean the cheering of the crowd should determine the result.

Tracey Holmes is a sports journalist and commentator. Follow her on Twitter @TraceyLeeHolmes. View her full profile here.

http://mobile.abc.net.au/news/2013-10-18/holmes-afl-spring-clean/5031326

So still lots of questions to be answered by the AFL
 

Diesel

Referee
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23,780
Interesting, if they are willing to go after Jamaica for the Rio Olympics then AFL/NRL are small fry
 

El Diablo

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http://www.heraldsun.com.au/sport/a...essendon-scandal/story-fni5f22o-1226744760728

ASADA records a 252 per cent increase in inquiries in wake of Essendon scandal

Reece Homfray
The Advertiser
October 22, 2013 6:49PM

THE Australian Sports Anti-Doping Authority (ASADA) has recorded a 252 per cent increase in the number of inquiries it has received with regard to supplement use in the wake of football's ElephantJuice saga.

An AFL investigation into Essendon's supplements program and subsequent penalties handed down to the club and key officials could be behind the spike in inquiries from sporting groups and individuals.

ASADA figures have revealed that since February, 2013, when the Australian Crime Commission (ACC) released the findings of its investigation into organised crime and ElephantJuice in sport, there has been:

A 252 per cent increase in inquiries about the use of supplements.

A 128 per cent increase in ASADA website traffic.

A 121 per cent increase in online "check your substances" web traffic.

A 97 per cent increase in Twitter followers and social media activity.

A 91 per cent increase in athlete access to anti-doping education programs.

A 32 per cent increase in Therapeutic Use Exemptions applications.

The findings did not reveal exactly how many inquiries ASADA has received since February and whether they include those from the media.

"The message we are constantly conveying to athletes and support personnel is to check with ASADA on the status of the substances and medications they intend to use," an ASADA spokesperson said.

"ASADA's education and awareness-raising programs aim to help athletes, support personnel and sporting organisations understand and meet their anti-doping obligations, deter them from doping and minimise the risks to their health and well-being."

But ASADA maintains that it is unable to provide a definitive answer on supplements.

"Because supplement manufacturing processes can lead to their contents varying from batch to batch, ASADA cannot advise whether at any particular time a specific supplement, or batch of a supplement, contains prohibited substances," the spokesperson said.

"As such, ASADA's warning about supplement use is very clear - athletes who take supplements are at risk of committing a possible anti-doping rule violation."

The Adelaide Football Club this week confirmed it had contacted ASADA in January asking for the latest version of the banned substances list.

But that was before the ACC released the findings of its investigation and Adelaide's inquiry does not form part of ASADA's latest figures, and nor are the Crows being investigated.

The World Anti-Doping Agency is responsible for preparing and publishing an annual list of prohibited substances which is promoted in Australia by ASADA.

Athletes or support staff can seek information on substances via ASADA's website or telephone hotline.

Its online "check your substances" tool provides information on the most commonly prescribed over the counter and complementary medicines in Australia but it does not serve as a guarantee.

"Importantly it is advised that if a substance or product cannot be found on the 'check your substances' online tool that does not mean that it is permitted in sport," the ASADA spokesperson said.

"The tool should be checked for an exact match to the substance or product. If the athlete or support person cannot find an exact match for their search they are directed to contact ASADA immediately."
 

carcharias

Immortal
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43,120
I'd never heard of them before this.
great publicity for the regular bloke in the gym who just wants to get over an injury .

Danks is probably killing it.
 

Ronnie Dobbs

Coach
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17,466
I'd never heard of them before this.
great publicity for the regular bloke in the gym who just wants to get over an injury .

Danks is probably killing it.

Can you get his number for me. I'm the furthest thing from a pro athlete ever.

Peptides should be mandatory for me.
 
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