Athletes

Have you been Falsely Accused of Doping?

The use of performance-enhancing substances in sports has been in the media spotlight like never before. Clearly, chemically induced advantages can undermine the traditional principle of a level playing field and the abuse of these substances can lead to health risks. The war against the use of performance-enhancing substances in sports has been waged mostly on two fronts: prohibition of the substances by athletic bodies with drug testing of players, and legislation of the substances as dangerous drugs with criminal penalties imposed upon violators. Drug testing for banned substances has become commonplace in numerous professional and amateur sports, and stricter testing is on the way.

The system helps catch cheaters. But it has its limitations. Not all banned substances are detectable in urine samples. For example, a reliable test for human growth hormone is only just now arriving on the scene, although the substance has been used to cheat in athletic circles for two decades. Newly created steroids are also likely to go undetected, and the use of various masking agents and techniques further confound the doping police. In the very, very near future, the availability of genetic manipulation technologies will create a new "unlevel playing field" ... and may render anabolic steroids obsolete. Those who say that the doping police will always be far behind the cheaters may be right.

Meanwhile, current doping control programs may not only miss some cheating athletes, but can also trap the innocent. For example, many athletes have tested positive for banned substances after unknowingly using dietary supplements which were contaminated. The law firm of Collins, McDonald & Gann, P.C., has helped these athletes when confronted with doping accusations. For example, the father of a college football player accused of doping sent this letter to Rick Collins:

September 8, 2004

To Whom It May Concern:

Mr. Collins represented my son in what seemed to a hopeless case regarding a NCAA violation involving banned substances. Anyone we spoke with regarding his chances for a successful appeal told us we were fighting a losing battle and to be prepared for the worst.

Another physician referred me to Mr. Collins because of his expertise with doping cases. Mr. Collins devised a specific strategy for a difficult case. All aspects of the case were executed perfectly. This resulted in obtaining a favorable outcome in our appeal. Mr. Collins was thorough in his preparation in all regards of the case. He made himself available all times and always returned our calls promptly.

It is my opinion that Mr. Collins is the authority when dealing with doping or banned substance violations in any arena. I recommend his services to anyone that wants the best representation possible.

Respectfully submitted,
[Redacted]

The cross-contamination of dietary supplement products with banned substances has been recognized as an ongoing problem. For example, U.S. bobsledder Pavle Jovanovic was disqualified from the Salt Lake Olympics for a test result he blamed on a cross-contaminated protein powder supplement. Research conducted at an IOC-accredited drug testing laboratory in 2002 found 94 of the 634 samples contained substances not listed on the label that would trigger positive drug tests. Athletes who are falsely accused of doping need to mount a vigorous challenge. If you are accused of doping, or if you are being investigated or even criminally prosecuted (also see the "Arrested?" page of this site) for claims involving banned substances, seek out competent legal counsel immediately. Feel free to call Rick Collins, Esq., and the lawyers at Collins, McDonald & Gann (516-294-0300) should you have any questions. If you have a general legal question you'd like to see answered in the monthly column authored by Mr. Collins in Muscular Development magazine, email it to editor@musculardevelopment.com.

A fuller discussion of the topic can be found in "Steroids and Steroid Precursors in College Sports: The Response to the 'Pills in the Locker' by Sports Bodies and Congress," authored by Mr. Collins and adapted from his conference materials for "Winning at All Costs -- Today's Addiction: A Conference on Sports Law and Ethics," held in Chicago, IL, and sponsored by Valparaiso Univ. School of Law (2/2005). The article focuses on the use of anabolic steroid precursors by sports competitors, and how athletic organizations such as NCAA and governmental authorities have responded. In particular, it looks at the new federal legislation that subjects possessors of steroid precursor products -- openly sold in health food stores until January 2005 -- to arrest and prosecution.


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