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December 10/12 21:07 pm - Armstrong Loses Bid to Quash USPS Subpoena


Posted by Editoress on 12/10/12
 

Lance Armstrong has lost an appeal to avoid answering a subpoena from the Major Fraud Division of the Office of the Inspector General (OIG) for the U.S. Postal Service (USPS). The subpoena was served as part of an investigation into whether the USPS was defrauded in connection with the team sponsorship contract. This sponsorship was worth approximately $40 million, according to the court filings.

Armstrong was served with the subpoena in 2011 (June 10th), requiring him to turn over "documents, including documents relating to Mr Armstrong's interest in or control of corporate entities that owned and managed the USPS team ... his understanding and compliance with the sponsorship agreement with the USPS ... funds paid to Mr Armstrong directlyor indirectly by the USPS ... and the use of any banned performance enhancing drubgs or procedures by Mr Armstrong or other members of the cycling team".

Through his lawyers, Armstrong indicated that he would not respond to the subpoena, and then filed a Motion to Seal in the District Court for the District of Columbia, which now been turned down, giving Armstrong five days to comply with the original subpoena.

According to the legal documents filed, Armstrong made a rather intriguing series of arguments as to why he would not comply, suggesting that it would be against his Fifth Amendment Rights against self-incrimination (although he did not invoke those rights), that much of the material should be redacted from public viewing, and that the (at the time) criminal proceedings in California (the Grand Jury investigation) 'leaked', so that such material would be become public, to his detriment. All of these arguments were rebuffed by the Court.

All of this is suggestive that Armstrong does not want to testify under oath regarding these matters.

Failure to Comply with Subpoena

Armstrong Motion to Seal Denied

 


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