U.S. Track Stars Barred

In two decisions that affirmed the broad power of U.S. anti-doping authorities, American track stars Tim Montgomery and Chryste Gaines were found Tuesday to have committed doping offenses tied to the BALCO scandal.

Montgomery, 30, was once the world’s fastest man, running the 100 meters in 9.78 seconds in 2002. That effort was wiped from the books by the Swiss-based Court of Arbitration for Sport, which detailed “strong ... evidence of doping” that included a 2001 conversation with fellow U.S. sprinter Kelli White about the effects of using of THG, the steroid at the center of the BALCO matter.

Gaines, 35, was an Olympic medalist in the 400-meter relay in 1996 and 2000. The same three-member CAS panel said it had “no doubt” that she, too, had “committed a doping offense.” Gaines told White, her longtime training partner, that she had used THG but stopped because “it made her gain weight,” according to testimony by White cited in the CAS decision.

Neither Montgomery nor Gaines had tested positive for banned substances. Each was suspended for two years retroactive to June 6, meaning they could seek to restart their careers a year before the Beijing Olympics in 2008.

“It is always a great day for clean athletes when individuals who cheat are held accountable and stripped of the rewards gained through doping,” Terry Madden, the U.S. Anti-Doping Agency’s chief executive, said in a statement. Referring to Montgomery and Gaines, he added, “The unfortunate part of this BALCO chapter is these two athletes knew they were guilty of doping and they wasted everyone’s time and resources attempting to run from the consequences of their actions.”

The Colorado Springs-based USADA, funded by a U.S. government grant and by the U.S. Olympic Committee, does not have the same powers as police or prosecutors.

But the CAS rulings, which followed nearly 18 months of intense legal wrangling, also made plain that sports authorities have sweeping powers in the pursuit of doping cases.

CAS said, for instance, USADA can issue subpoenas that are enforceable by U.S. courts.

The Lausanne-based tribunal also held that it can draw “adverse inferences” when an accused person declines to testify. Neither Montgomery nor Gaines testified in the CAS proceedings. In a criminal case in an American court, jurors would be instructed not to construe a defendant’s silence as evidence of guilt. CAS said it “does have the right and power to draw an adverse inference from Mr. Montgomery’s refusal to testify,” and reiterated that observation in the Gaines case.

CAS is the final authority for many disputes in the international sporting world, with doping, judging, eligibility and other issues regularly landing on its docket.

The rulings mark the latest turn in the BALCO scandal, which for two years has proceeded through the criminal courts, drawn repeated congressional scrutiny and prompted doping cases against U.S. track and field standouts.

Victor Conte, the founder of Burlingame, Calif.-based BALCO, pleaded guilty to criminal charges in federal court in San Francisco. He was sentenced Oct. 18 to eight months in custody, and reported to prison Dec. 1. Prosecutors recently brought charges against an Illinois-based chemist, Patrick Arnold, alleging he was the source of THG.

U.S. sprinters Michelle Collins and Alvin Harrison, among others, have drawn lengthy suspensions for doping violations linked to the scandal. White drew a two-year ban for using banned substances.

USADA has inquired about -- but brought no case against -- Marion Jones, who won five medals at the 2000 Sydney Games, three gold. She has consistently denied the use of performance-enhancing substances. She and Montgomery are the parents of a son, born in 2003.

The rulings upheld doping authorities’ ability to ban athletes on evidence that might include charts, lab results, e-mails, letters and phone calls.

CAS said that such evidence -- known as a “non-analytical positive” -- is just as valid as one or more failed tests.

CAS said each of the two cases could be decided on the basis of White’s testimony alone, saying it must “constantly be borne in mind

Even though a “conviction for doping offenses is more difficult” with “non-analytical positive” evidence, CAS said that “must not prevent the sports authorities from prosecuting such offenses.”

Montgomery forfeits all his winnings and results since March 31, 2001, including the 100-meter record, which Asafa Powell of Jamaica now owns after running 9.77 in June. Montgomery gets to keep the gold medal he won at the Sydney Games in the 400-meter relay.

“If he wants to come back, he’s back for the outdoor season in 2007. Given what they asked for, that’s not that bad. They wanted this guy out of sport for life,” said Howard Jacobs, a Los Angeles attorney who has represented Montgomery.

Gaines loses her results and winnings since Nov. 30, 2003.