By David Ingram
WASHINGTON, Feb 22 (Reuters) - The United States accused
cyclist Lance Armstrong on Friday of defrauding the U.S. Postal
Service by taking its sponsorship money at the same time he was
doping and using performance-enhancing drugs in violation of
cycling rules.
The government joined a civil suit against Armstrong,
stripped of his seven Tour de France titles and banned for life
from cycling in 2012 after accusations he had cheated for years.
In January, he said the accusations were true in an interview
with television host Oprah Winfrey.
A battle with the U.S. government over civil fraud charges
threatens to sap what remains of the once-revered athlete's
reputation, and hurt his wallet.
Armstrong and his teammates from Tailwind Sports wore the
logo of the U.S. Postal Service during their record-breaking
wins.
"This lawsuit is designed to help the Postal Service recoup
the tens of millions of dollars it paid out to the Tailwind
cycling team based on years of broken promises," Ronald Machen,
the U.S. attorney for Washington, D.C., said in a statement.
The sponsorship money totaled more than $30 million, the
government said.
Armstrong plans to contest the suit because the Postal
Service was not actually damaged, his lawyer, Robert Luskin,
said.
"The Postal Service's own studies show that the service
benefited tremendously from its sponsorship - benefits totaling
more than $100 million," the lawyer said in a statement.
Prosecutors have said they do not expect to charge him with
a crime.
Former Armstrong teammate Floyd Landis filed a sealed
whistleblower suit against Armstrong in 2010. The decision by
the government to join the suit triggered its unsealing.
"I had come to a point in my life where I decided that I had
to tell the truth for the sake of my conscience," Landis, who
also admitted to cheating, said in a statement on Friday
released by his lawyer.
WHISTLEBLOWER LAW
Armstrong faces other suits arising out of his admission of
cheating. This month, marketing firm SCA Promotions Inc alleged
in a Texas state court that the cyclist defrauded it of $12.1
million in bonuses plus interest.
In January, two California men sued Armstrong and his book
publishers, claiming that his memoirs were filled with lies but
were billed as non-fiction.
The U.S. government is suing under the False Claims Act, an
1863 law that encourages private individuals to file suit when
they have evidence of fraud involving government money.
When the government believes a suit has merit, it may take
over the litigation. The individuals, or whistleblowers, get a
portion of the proceeds if the case is successful.
The government joins 20 to 25 percent of all False Claims
Act suits filed, and the government almost always wins the cases
it joins, said John Phillips, who represents whistleblowers at
the Phillips & Cohen law firm.
"That's a very good sign for the case: that the government
after its own investigation, after looking at all the facts and
the law, has decided to join the case," said Phillips, who is
not involved in the Armstrong case.
Since the law was revitalized in 1986, it has been used
frequently against military contractors, pharmaceutical
companies and hospitals.
PREPARED TO FIGHT
Armstrong is prepared to argue that claims over most of the
sponsorship money are time-barred, a source close to his legal
team said, speaking on condition of anonymity. The sponsorship
agreement expired in 2004, and there is a six-year statute of
limitations on recovery under a U.S. anti-fraud law, the source
said.
The source raised two other arguments that could help
Armstrong. First, the sponsorship contract did not contain
specific language or promises related to doping.
Second, Armstrong was not in charge of Tailwind Sports, the
racing team firm that signed the contract with the Postal
Service and that existed before Armstrong joined it.
Luskin is among the most sought-after defense lawyers in
Washington. He represented former White House adviser Karl Rove
in a case about the leak of a CIA officer's name.
Statements from government lawyers appeared to dismiss the
idea that Armstrong could use the lack of specific contract
language as a defense.
Armstrong and his team "agreed to play by the rules and not
use performance enhancing drugs. We now know that the defendants
failed to live up to their agreement," said Postal Service
General Counsel Mary Anne Gibbons.
In the most recent fiscal year, the government reached $5
billion worth of settlements and court judgments under the False
Claims Act - a single-year record.
"If they intervene, that puts the force of the government
behind the suit," said Matthew Orwig, a former Justice
Department lawyer now at the Jones Day law firm. He is not
involved in the Armstrong case.
"There's the FBI, other investigative resources, Justice
Department lawyers - in effect, the richest client in the
world," he said.
(Additional reporting by Mark Hosenball)
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