IFBB professional bodybuilder Guy Ducasse was sentenced to one month imprisonment and 400 hours community service after pleading guilty to steroid distribution. United States District Judge Claire Eagan emphatically rejected the prosecution’s argument that Ducasse was “no different than any other drug dealer and should be treated accordingly.” Federal prosecutors had asked Judge Eagan to put Ducasse in jail for 15-21 months.

Guy Ducasse’s attorney, public defender Stephen Greubel, skillfully used testimony by the prosecution’s star witness to lay the groundwork for requesting a reduced sentence of zero months for his client. Greubel argued that the use of anabolic steroids was expected and required to compete as a professional bodybuilder in non-steroid tested competitions. Therefore, Ducasse’s personal use of steroids and his distribution of steroids to other bodybuilders did NOT result in “the corruption of sports or athletes.”

Ducasse’s attorney cited testimony by Agent Brian Surber of the Oklahoma Bureau of Narcotics and Dangerous Drugs to support his argument the steroid use was the accepted norm in competitive bodybuilding particularly in the absence of steroid testing.

It is extremely difficult if not impossible for a bodybuilder to compete at a national level without the benefit of anabolic steroids and performance enhancing drugs. Every bodybuilder I have interviewed has told me that EVERY national level bodybuilder is using anabolic steroids as well as other performance enhancing drugs.

… there is no drug testing in the IFBB (The professional bodybuilding association to which Ducasse belongs) events …. [emphasis in original].

Public defender Stephen Greubel argued that the primary reason anabolic steroids were criminalized by the Anabolic Steroid Control Act was to prevent the “corruption of sports and athletes”. However, bodybuilding differs from other sports since steroids are more or less accepted in competitive bodybuilding; steroid testing  has not been utilized as a deterrent. Therefore, the use and distribution of anabolic steroids in competitive bodybuilding does not represent a “corruption” of the sport as it currently exists.

The gravamen of the instant offense is not so much Defendant Ducasse’s personal use of steroids, but rather his willing distribution of those steroids to others. Defendant Ducasse does not deny that in the course of acquiring and using steroids for his own benefit, he provided steroids to others. Who those “others” were, however, should be a relevant factor in assessing the appropriate punishment for Defendant Ducasse.

This is not a case where the defendant was distributing steroids to Olympic athletes, world class cyclists, or professional ballplayers. This is not a case where the defendant was providing steroids to teenage or collegiate athletes. This is not a case where the defendant maintained a sophisticated lab or training facility which could test his clients’ blood levels or provide them with masking agents to aid them in avoiding detection of their steroid use by regulatory agencies or federations. In other words, Defendant Ducasse was not involved in the corruption of sports or athletes – one of the principal concerns of Congress in amending 21 U.S.C. § 812(c) to include steroids in Schedule III.

The seven people that testified that Guy Ducasse distributed steroids to them were primarily competitive bodybuilders, allegedly including one IFBB pro bodybuilder, and individuals seeking a bodybuilder-type physique.

Defendant Ducasse’s distribution of steroids was centered almost exclusively upon the training of those who desired to vastly increase their muscle mass – generally for the purpose of bodybuilding. Most of the individuals who provided Agent Surber with evidence against Defendant Ducasse admitted that they were training to increase muscle mass for the bodybuilder’s physique – either for their own personal satisfaction or for the purpose of bodybuilding competitions. Some of the witnesses requested Defendant Ducasse to assist them with their steroid regimen. Others asked if Defendant Ducasse could obtain steroids for them. Some of the witnesses provided steroids to Defendant Ducasse for his personal use. At least one potential witness was himself a professional bodybuilder. No one who used steroids in this case did so unwillingly or unwittingly.

U.S. District Judge Eagan apparently agreed in part with the defense argument and did not see lengthy incarceration of a bodybuilder as a good use of taxpayer funds. It costs taxpayers approximately $25,894.50 per year to incarcerate a defendant.

Photo credit: Guy Ducasse via Muscletime.com

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The FDA served iForce Nutrition and owner Dave Nelson with a search warrant during the course of the 2009 IFBB Olympia Expo. The search warrant was executed in the days following the FDA raid of Bodybuilding.com. Four iForce Nutrition products were listed as “undercover purchases” made at Bodybuilding.com. Both the iForce Nutrition search warrant and the Bodybuilding.com search warrant alleged that these products contain anabolic steroids, unapproved new drugs, and/or misbranded drugs: 1,4 AD Bold 200 (androstenedione), 17a PheraFLEX (Madol), Dymethazine (Superdrol) and Methadrol (Superdrol).

The FDA media strategy forced several dietary supplement companies and their owners into the spotlight and made them readily accessible to both federal agents and media representatives at the 2009 Olympia Expo.

DEA and FDA agents were seen circulating the Olympia Expo purportedly serving search warrants on at least two dietary supplement companies according to sources who spoke to the agent(s). 

The federal government has a history of using major bodybuilding and supplement expos to gain publicity for their steroid witch-hunts. The presence of federal agents at a major bodybuilding and supplement expo was reminiscent of the 2004 IFBB Arnold Classic Expo during which several IFBB pro bodybuilders were served subpoenas to testify before a federal grand jury investigating steroid distribution.

Craig Titus, Nasser El Sonbaty and Flex Wheeler were among the bodybuilders subpoenaed in 2004 according to Shawn Ray in a story reprinted on the website GetBig.com. Professional bodybuilding was linked to the BALCO scandal at the time with the presence of Victor Conte, who was at the Expo to promote his supplement products, and Milos Sarcev, who had trained BALCO athletes.

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The federal government continued their steroid witch-hunt targeting the dietary supplement industry with a raid of Bodybuilding.com on Thursday, September 24, 2009. The criminal investigation accuses Bodybuilding.com and its corporate officers of illegal marketing and distributing several anabolic steroids, unapproved new and misbranded drugs labeled fraudulently as dietary supplements, specifically “Madol”, “Tren”, “Superdrol”, “Androstenedione”, and “Turinabol”.

Only androstenedione and Turinabol are legally classified as anabolic steroids; these ingredients were not disclosed on the product labels. The FDA has asserted that Madol, Tren and Superdrol are also anabolic steroids. However, only the DEA has the authority to administratively add these substances to the Controlled Substances list. The DEA has NOT yet made this determination. These ingredients have been widely and openly sold as listed ingredients in dietary supplements for years.

The FDA media strategy most likely intentionally staged the raid to coincide with the first day of the 2009 Olympia Weekend. The Olympia Expo, the centerpiece of the Olympia Weekend, includes a large number of sports nutrition companies as exhibitors. The Bodybuilding.com has had a prominent presence at the Expo for several years and is the main sponsor of the 2009 IFBB Mr. Olympia, the top competition in professional bodybuilding.

FDA Special Agent Robert Blenkinsop signed the affidavit of support of the search warrant that was executed at Bodybuilding.com Boise headquarters and warehouse. Blenkinsop participated in the FDA raid of American Cellular Labs (ACL) on July 23, 2009; however, ACL products were not distributed by Bodybuilding.com.

Blenkinsop states that his criminal investigation of Bodybuilding.com led him to investigate several of Bodybuilding.com’s suppliers including, but not limited to, Genetic Edge Technologies (GET), Kilo Sports (KS), and Innovative Delivery Systems (IDS). GET and Kilo Sports were both raided on June 5, 2009; IDS was raided on August 22, 2009.

The federal government conducted raids and interrogations of suppliers in search of evidence to support the FDA’s criminal investigation of Bodybuilding.com. In addition, the suppliers face their own respective criminal investigation for their role in conspiring with, and/or aiding and abbetting Bodybuilding.com in the illegal marketing and distribution of steroids.

Federal agents seized laptop computers, desktops and related computer-based evidence of the following Bodybuilding.com employees: Ryan Deluca (CEO); Jeremy Deluca (VP/President); Gary Davis (CFO, Executive VP); Kelly Household (CIO); Bryan Gum (Chief Strategy Officer), Josh Brouse (COO), Joe Guilliams (FDA/FTC Compliance Manager); Dustin Campbell (Purchasing Manager); Michael McClane (CFO); Ryan Vestal (Controller); Terry Mayer (Accounts Payable Manager).

The following is the government list of products alleged to contain anabolic steroids and unapproved/misbranded new drugs and fraudulently marketed as dietary supplements.

1. 4EVER FIT D-Drol
2. ADVANCED MUSCLE SCIENCE Dienedrone
3. ADVANCED MUSCLE SCIENCE Liquidrone UTT
4. ANABOLIC XTREME Hyperdrol H2
5. APS (aka ADVANCE MUSCLE SCIENCE) Mastavol
6. APS (aka ADVANCE MUSCLE SCIENCE) Revamp
7. APS (aka ADVANCE MUSCLE SCIENCE) Ultra Mass Stack
8. APS (aka ADVANCE MUSCLE SCIENCE) Ripped Stack
9. BETTER BODY SPORTS Finadex
10. BLACK CHINA LABS Straight Drol
11. BLACK CHINA LABS Straight Phlexed
12. BODY CONDITIONING  SOLUTIONS TestraFLEX
13. BJORKLUND Methyldrostanolone
14. BOSC ENTERPRISES Epi-Tren
15. BOSC ENTERPRISES Magna Drol
16. CHAPARRAL LABS Epivol
17. CHAPARRAL LABS Pheravol-V
18. COMPETITIVE EDGE LABS M-Drol
19. COMPETITIVE EDGE LABS P-Plex
20. COMPETITIVE EDGE LABS X-tren
21. DIABOLIC LABS Epio-Plex
22. DIABOLIC LABS Finabolic 50
23. DIABOLIC LABS Revenge
24. ERGOPHARM 6-OXO
25. ERGOPHARM 6-OXO Extreme
26. EST (aka ENGINEERED SPORTS TECHNOLOGY) MethAnstance
27. EXTREME LABS Susto-Test Depot
28. FIZOGEN ON Cycle II Hardcore
29. GET (GENETIC EDGE TECHNOLOGIES) SUS-500
30. GET (GENETIC EDGE TECHNOLOGIES) Tren-250
31. HARDCORE FORMULATIONS T-Roid
32. IFORCE NUTRITION 1,4 AD Bold 200
33. IFORCE NUTRITION 17a PheraFLEX
34. IFORCE NUTRITION Dymethazine
35. IFORCE NUTRITION Methadrol
36. IDS (aka INNOVATIVE DELIVERY SYSTEMS) Bromodrol
37. IDS (aka INNOVATIVE DELIVERY SYSTEMS) Grow Tabs TR
38. IDS (aka INNOVATIVE DELIVERY SYSTEMS) Mass Tabs
39. IDS (aka INNOVATIVE DELIVERY SYSTEMS) Oxodrol Pro
40. IDS (aka INNOVATIVE DELIVERY SYSTEMS) Ripped Tabs TR
41. KILO SPORTS Massdrol
42. KILO SPORTS Phera-Mass
43. KILO SPORTS Trenadrol
44. MONSTER CAPS Monster Caps
45. MYOGENIX Spawn
46. NUTRA COASTAL D-Stianozol
47. NUTRA COASTAL H-Drol
48. NUTRA COASTAL S-Drol
49. NUTRA COASTAL Trena
50. PERFORMANCE ANABOLICS Methastadrol
51. PERFORMANCE ANABOLICS Tri-Methyl X
52. PURUS LABS E-pol Inslinsified
53. PURUS LABS Nasty Mass
54. RAGE RV2
55. RAGE RV3
56. RAGE RV4
57. RAGE RV5
58. REDEFINE NUTRITION Finaflex 550-XD
59. REDEFINE NUTRITION Finaflex Ripped
60. TRANSFORM SUPPLEMENTS Forged Extreme Mass
61. TRANSFORM SUPPLEMENTS Forged Lean Mass

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IFBB pro bodybuilder Guy Ducasse pleaded guilty to one count of distributing the anabolic steroid Proviron (mesterolone). Ducasse testified that he gave the steroid to his friend without charge.  The bodybuilder did NOT admit to selling steroids in the plea agreement (”Local bodybuilder pleads guilty to distributing steroids,” August 12).

A local bodybuilder tied to an ongoing steroid drug ring pleaded guilty to one count of distributing drugs in Tulsa federal court Wednesday morning.

During a hearing before U.S. District Judge Claire Eagan Wednesday, Guy Ducasse, 46, pleaded guilty to distributing steroids in 2006, He testified in court that he gave an anabolic steroid to his dentist, who he said was also his friend. However, he denied selling the drugs to the dentist.

The government is not required to prove that Ducasse sold steroids in order to convict him on a federal steroid distribution charge. Steroid distribution, with or without financial compensation, is a criminal violation of the Anabolic Steroid Control Act. Yet, Assistant United States Attorney Janet Reincke insisted that Ducasse sold steroids.

Assistant U.S. Attorney Janet Reincke said there are several witnesses willing to testify that Ducasse sold them drugs.

As part of the plea agreement, the government dismissed the following charges in Guy Ducasse’s indictment: one count of “possession with intent to distribute anabolic steroids”; two counts of “distribution of anabolic steroids”; and one count of “attempting to corrupt persuade another person with intent to hinder, delay, and prevent the communication to a law enforcement officer of information relating to the commission of a federal offense”. Officers reportedly found human growth hormone (hGH), testosterone, Deca Durabolin (nandrolone decanoate), and Winstrol (stanozolol) during a search of his home on March 25, 2008.

Guy Ducasse faces a maximum of five years imprisonment, up to a $250,000 fine, and two years supervised probation after pleading guilty to giving a box of Proviron to his Oklahoma friend. He will be sentenced on November 13, 2009.

The Guy Ducasse case is part of an ongoing two-year Oklahoma steroid investigation involving IFBB and NPC bodybuilders and the network of individuals associated with these bodybuilders and the sport of competitive bodybuilding.

The Oklahoma investigation has been spearheaded by Special Agent R. Brian Surber of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD). It has expanded beyond Oklahoma to include individuals in Texas, Arkansas, New Jersey, North Carolina and Maryland.

Brian Surber has reportedly used photographs of bodybuilders as part of probable cause during the Oklahoma investigation. The use of “physique profiling” or “muscle profiling” has caused concern among the bodybuilding community.

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Swedish police have exonerated IFBB pro bodybuilder Irene Andersen of steroid distribution charges. A May 6, 2009 news story published by the Swedish newspaper Expressen.se had implicated Andersen in the possession of anabolic steroids with the intent to resale and distribute. The Swedish newspaper has since admitted to Andersen’s attorney that the sole basis of this allegation was based on a single confidential female source. The source has since been discredited and appears to have been motivated by a personal vendetta against Andersen.

MESO-Rx has obtained police documents confirming that Irene Andersen was NOT involved in steroid distribution. Irene Andersen was interrogated by police in Sweden during a series of steroid raids during the week of April 20th, 2009. Police interrogated twelve top Swedish bodybuilders, including at least two IFBB pro bodybuilders, during an exploratory investigation into steroid distribution in the region.

The raids were not based on any evidence of steroid distribution but primarily on “muscle profiling“. Swedish police targeted bodybuilders for suspicion of distribution based on physical appearance. The raids did not result in any distribution charges among those interrogated; Swedish police only discovered personal use quantities of steroids for bodybuilding purposes.

Göteborg police confiscated small quantities of bodybuilding supplements including ephedrine and clenbuterol, consistent with personal use, from the home of Irene Andersen. All supplements were subsequently returned to Andersen except for a single vial of Winstrol (stanozolol).  Anderson was fined approximately USD $200 as the penalties for personal possession of anabolic steroids in Sweden is comparatively low.

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Oklahoma law enforcement has arrested numerous amateur and professional bodybuilders in an ongoing  investigation into the distribution of anabolic steroids that started in December 2007. Special Agent R. Brian Surber, of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD), has spearheaded the investigation that has resulted in numerous arrests. It has also resulted in the steroid raid of a U.S. Secret Service Agent that did not result in any arrests or criminal charges.

The Oklahoma investigation may be setting a trend in law enforcement with the profiling of bodybuilders as users of anabolic steroids. Special Agent Brian Surber has seemingly perpetuated “physique profiling” in several steroid cases. Surber has allegedly shown a bias towards using bodybuilder-type physiques as putative evidence of anabolic steroid use. He has used photographs of a suspect’s muscular physique as part of the probable cause to support the acquisition of search warrants  (”Multiple bodybuilders busted for anabolic steroids in Oklahoma – more busts on the way“, April 17).

As I said, I’ve spoken to [Brian Surber] (*now on multiple occasions) and can tell you that he’s very sharp – as part of his probable cause warrants, he even includes pictures of the “alleged” steroid users. Think about that for a second…those pictures of Darrell Terrell and Sherry Smith, which were all over the Internet showing off their physiques – ultimately helped lead to their downfall, and were used as part of the probable cause to issue a search warrant for steroids on them. 

It should be noted that the Oklahoma investigation has not used “physique profiling” as a primary predictor of steroid use. Physique as a criterion for obtaining search warrants appears to be one among many factors. However, the emergence of physique profiling in the war on steroids should serve as warning to bodybuilders who have not traditionally been subject to discrimination by law enforcement based upon their physical appearance. 

OBNDD Special Agent Brian Surber is NOT a rogue agent blatantly violating the law in a witch-hunt against bodybuilders. Surber is an accomplished attorney intimately familiar with search and seizure law with extensive “in the field” experience. Accordingly, potential efforts by the Oklahoma Bureau of Narcotics to profile bodybuilders should be taken very seriously.

R. Brian Surber was formerly the Deputy General Counsel for the OBNDD, a prosecutor for the Eighth District Drug Task Force in Oklahoma, a special assistant attorney general for the State of Oklahoma multi-county grand jury division and a special prosecutor for the Oklahoma County District Attorney’s Office. Surber has also authored two books, “The Investigator’s Guide to Search and Seizure” and “The Prosecutor’s Guide to Fourth and Fifth Amendment Motions to Suppress“.

At one time, most of Surber’s efforts went toward legitimately making our communities safer; Surber received considerably accolades as he helped thwart murderers, shut down methamphetamine labs, and catch rapists.

[Brian Surber] has even done undercover work, posing as a hitman. And for all of the people who say “these guys should be going after meth labs” – you can check Agent Surber’s record, because he’s done that too. He’s even caught rapists (check out this story – you’ll need to scroll down and read the letter he wrote, detailing how he solved a rape case from another state!).

For whatever reason, the focus of Surber’s considerable knowledge and experience seems to have been diverted to the the investigation and arrest of bodybuilders for non-violent crimes involving anabolic steroid possession and distribution.

Given the role of Brian Surber in the Oklahoma steroid investigations and the use of “physique profiling”, it worthwhile to review some of his recommendations and advice aimed at law enforcement with special considerations as to how it could apply to bodybuilders.

An article written by Surber for the Oklahoma State Game Warden Association may provide some insight into how law enforcement officials can attempt to accomodate the Fourth Amendment when using a bodybuilder-type physique as putative evidence of steroid use in establishing probable cause (”Search and Seizure For The Oklahoma Game Warden“, 2005).

A game warden needs probable cause to arrest and probable cause to search. Forget all of the hoopla surrounding the definition of probable cause. It is simply a FAIR PROBABILITY. Just ask yourself, With the facts I know, is there a fair probability that: (1) I’ll find some evidence, (2) the suspect committed the crime (i.e., if you hear a high powered rifle shot in late November, forty-five minutes later the suspect walks out of the woods with blood on his hands and pants, is there a FAIR PROBABILITY that he shot a deer?).

The important standard of evidence for probable cause involves “fair probability”. How could Brian Surber’s interpretation of “fair probability” be applied to the profiling of bodybuilders?

Is there a fair probability that bodybuilders competing in the NPC and/or IFBB uses anabolic steroids? Is there a fair probability that the bodybuilders committed a crime to obtain anabolic steroids? E.g. if you see an extremely muscular and well-defined bodybuilder compete in an IFBB or NPC competition, is there a fair probability that he uses steroids?

Is you see any big, muscular and lean individual walking out of a commercial gym in a tank-top, is there a “fair probability” that he (or she) uses steroids? Then, why not use his (or her) bodybuilder-type physique as part of the probable cause for a search warrant?

Brian Surber’s interpretation of “reasonable suspicion” sets an even lower standard of evidence as the requirement to detain an individual.

You need a reasonable suspicion to detain a suspect or stop his vehicle. The courts have defined this as “much less demanding than probable cause and considerably less than a preponderance.” That means that your suspicion could be flat out wrong a considerable majority of the time. That is not much guidance and this is a tricky area of law. You should be okay if (1) you are suspicious, and (2) you can articulate why (i.e., more than a hunch).

Surber’s interpretation would suggest that it is acceptable for law enforcement to detain bodybuilders and/or stop their vehicles if the officer can make up (and “articulate”) a good reason. After all, there is apparently nothing to lose since law enforcement can be wrong most of the time.

Next, Surber offers some tips for “articulating probable cause and reasonable suspicion”.

Tips for Articulating Probable Cause and Reasonable Suspicion:

Expert Testimony: Rather than a judge or prosecutor telling you whether you have probable cause or a reasonable suspicion, you are more equipped to tell them. [...] Here is the trick: You must be able to describe to your prosecutor or judge why you thought this activity was suspicious. For instance, if you are set up on surveillance, don’t just say that I observed the defendant’s vehicle traveling at a suspicious speed. Rather, say that you have observed dozens of vehicles traveling down this road, farmers and local residents travel at approximately X speed, this vehicle was in an area known for road hunting, the vehicle traveled at a speed consistent with deer poaching and the occupants appeared to be scanning the clearings, etc.

How would a law enforcement investigator potentially utilize Brian Surber’s “tips” to target bodybuilders with probable cause?

Brian Surber provided us with an example when he wrote the following in support of a search warrant leading to the seizure of three computers during the Maryland SWAT team raid of a United States Secret Service Agent. Surber “articulates” the belief that bodybuilders’ use of computers to communicate via email, discussion of steroids using the Internet, and/or storage of pictures of themselves with other steroid-using bodybuilders are consistent with steroid use.

I have also learned from other experience steroid investigators that bodybuilders and anabolic steroid users abusing performance enhancing drugs utilize personal computers as a form of communication. I have also learned that individuals I have investigated for steroids in Tulsa were in fact communicating over their computers regarding anabolic steroids, growth hormone, and other performance enhancing drugs. I have also found in my investigation that the users of anabolic steroids often maintain photographs (image files) on their personal computers and also found these photographs are relevant to establish relationships between the co-conspirators.

Regrettably, Brian Surber has gone from a prosecutor and agent who legitimately made our communities safer by putting violent criminals behind bars to someone who spends an ever increasing amount of time trying to put non-violent bodybuilders behind bars on steroid crimes. 

The flawed steroid laws are ultimately to blame for the colossal waste of taxpayer resources used for steroid investigations; however the police perpetuation of physique profiling, and the inevitable false positives, in the war on steroids is reason for concern. Profiling by law enforcement could have particularly dire consequences for a marginalized bodybuilding subculture.

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The Maryland residence of a United States Secret Service Agent was raided in July 2008 based on unverified allegations of steroid possession and distribution. The allegations were obtained during the course of the Oklahoma steroid investigation targeting competitive bodybuilders that started in December 2007. 

At least fifteen members of the Maryland State Police SWAT team led by Matthew Newman entered the Agent’s house and held his family (including an infant child) at gunpoint during the raid. No anabolic steroids or illegal drugs of any kind were found. Analysis of the seized computer and bank records revealed no evidence of illegal activity. A urinalysis revealed no evidence of steroid use by the suspect. No charges were filed.

The Maryland raid is part of a larger steroid investigation spearheaded by R. Brian Surber, agent and attorney with the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD). The Oklahoma-based investigation has led to the arrests of several IFBB and NPC bodybuilders and others in the Oklahoma competitive bodybuilding network. Surber has promised additional arrests including out-of-state arrests.

A disturbing trend has emerged in most of these cases. Brian Surber has shown an apparent bias towards using bodybuilder-type physiques as putative evidence of anabolic steroid use. While not a primary predictor of suspected steroid violations, Surber has reportedly used pictures of the muscular physiques as part of the probable cause to obtain search warrants in similar cases.

Physique appears to have been an issue in the Maryland case as well. OBNDD’s Brian Surber allegedly told the suspect’s employer (U.S. Secret Service) that since the Agent was big and muscular that he must use anabolic steroids. Surber even tried to convince the suspect’s wife that someone who workouts out and is that muscular and lean must use steroids.

Individual(s) familiar with the case have provided the following account of the steroid raid of the Maryland-based U.S. Secret Service Agent:

A Maryland home was raided by Maryland State Police SWAT ( Matthew Newman), United States Secret Service, and the Oklahoma Bureau of Narcotics (Brian Surber). The falsely accused, his wife and infant child were present as armed officers entered the home with guns blazing as neighbors watched in horror. The raid was conducted without any probable cause, corroborating facts or evidence to support such actions.

Someone told Brian Surber of the Oklahoma Bureau of Narcotics that he” believed” that the falsely accused used and sold anabolic steroids. This statement, which was hearsay, led Mr. Surber to Washington D.C to the falsely accused’s employer (U.S Secret Service). Without verifying the validity of the allegations, Surber proceeded to spread false information to the employer claiming the falsely accused Secret Service Agent was a drug dealer and user. The Agent’s rights were violated by an illegal search of his residence (no steroid and/or drugs were found) and seizure of his computers. The agencies also failed to provide a copy of the warrant prior to entry / exiting his residence. Upon reviewing the warrant at the courthouse in Upper Marlboro, MD it was determined that the information in the search warrant was fabricated and the judge (Joseph Casula) never should have signed it without verifying the validity. The falsely accused Agent has requested a written explanation as to who is responsible for verifying allegations prior to executing these warrants / seizures, which could have resulted in inexcusable ramifications (accidental shootings, etc.).

The falsely accused Secret Service Agent’s children have yet to recover from the trauma from this incident, as well as the children in the neighborhood will no longer play with them after this raid. The Agent’s employer administered a urinalysis which came back negative for steroids. A search of his computers, and bank records was also conducted all with negative results. The Agent has been placed on paid administrative leave as The Oklahoma Bureau of Narcotics conduct their “investigation”. To date the Oklahoma Bureau of Narcotics has failed to admit its error.

All agencies are claiming that they raided the Agent’s home to gather his computer (presumably for evidence of anabolic steroid use/distribution). The Agent gave them consent to search the computer the previous day when they knowingly knew that it was in his possession. It doesn’t take 15 SWAT team members with red dots on the suspect’s family to gather a computer. The falsely accused Agent has since been working with Mayor Cheye Calvo on getting the SWAT Team Monitoring bill passed through Congress.

Brian Surber’s tactic of using pictures of muscular individuals as probable cause in search warrants in steroid cases is a dangerous precedent. Overzealous prosecutors may be eager to follow Surber’s recommendations. Obtaining photographs of muscular individuals from online bodybuilding galleries, bodybuilding/sports magazines, Facebook or MySpace and using them as part of probable cause to search the homes of individuals for anabolic steroids may occur with increasing regularity.

Surber may have a reasonable amount of success “guessing” who is using steroids based on their physical appearance. However, just because bodybuilders may be more likely than the general population to use anabolic steroids does not mean that all, or even most, individuals with muscular physiques use using steroids. Certainly, it does not justify violating the rights of law-abiding individuals who happen to be muscular by terrorizing their families and holding them hostage at gunpoint.

Photo: AP Photo/Charles Dharapak

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Bruce Zaccaria continues to be  improperly detained without bail in the Joe Corley Detention Facility after his arrest in the Texas steroid bust codenamed Operation Pharmacia Juicy Fruit according to his lawyer Trent Gaither. Zaccaria was charged with one count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” with a maximum penalty of up to 5 years in prison.

The United States Magistrate Judge Calvin Botley refused to release Zaccaria on bail due to “clear and convincing evidence exists” that he is a “danger to the community”. Magistrate Botley further stated that “no conditions or combination of conditions… would secure the safety of the community” if Zaccaria is released.

 The sole stated reason for Bruce Zaccaria’s detention was based on the allegation that he bought and distributed approximately 250 vials of anabolic steroids to bodybuilders who were members at 24 Hour Fitness. Who knew that steroid-using bodybuilders made 24 Hour Fitness, or any commercial gym for that matter, so dangerous for the community at large?

Attorney R. Trent Gaither suggests that the government may have arbitrarily and capriciously, in violation of the Bail Reform Act, detained Zaccaria while inexplicably releasing most of his co-defendants indicted on similar, multiple or much more serious charges, including those who sold more dangerous drugs such as MDMA and hydrocodone .

As of this writing, Zaccaria is one of only five who have not been released on bond of some sort. For example, Charles Brock Falkenhagen is charged in 44 counts, including at least four different kinds of drugs, with exposure of well over ten years. Yet, he has been released on a $75,000 unsecured bond. Several of those charged with counts subject to ten or twenty years are likewise released on unsecured bonds. There was no evidence presented that would distinguish Zaccaria as being inherently more dangerous than the co-defendants, especially those charged with more serious crimes, subject to greater prison exposure, or who were more actively involved.

Disparity is an issue at sentencing, and should be a factor to consider in pre-trial detention. Upon what theory is lodged and explained the notion that the alleged kingpin of the organization, who arguably is subject to about 500 years in prison, less dangerous than one whose maximum exposure is 5 years? This is, of course, not limited to just Falkenhagen. One can go down the list and easily come to the Alice in Wonderland-ish conclusion that the defendant who has among the least exposure is somehow considered by the government to be the most dangerous, and the individual who has, under the government theory, demonstrated his capacity for all kinds of evil doings, yet is apparently not all that dangerous.. 

Bruce Zaccaria was one of FOUR defendants ONLY charged with ONE count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the 46 count Falkenhagen indictment. The other three co-defendants facing identical steroid-related charges are NPC Texas Chairman Lee Thompson, NPC bodybuilder Bryan Barth, and NPC bodybuilder Brandon George. Thompson was quickly released on $50,000 unsecured bond and Barth and George were each promptly released on $75,000 unsecured bond. They remain free while awaiting trial.

Bruce Zaccaria’s pre-trial detention (based on “danger to community” concerns) appears even more arbitrary and capricious when compared to the court’s pre-trial treatment of co-defendant Lee Thompson who faces an identical charge. The government presented no evidence or allegation that Zaccaria was involved with any illegal drugs since the conclusion of the conspiracy period in September 2007. He was detained nonetheless.

Meanwhile, Thompson was immediately released on a $50,000 unsecured bond despite purported evidence of “large quantities of different types of anabolic steroids” in his possession when he was arrested. Prosecutors subsequently offered this as proof that “he had not discontinued his use of illegal drugs between the “end” of the charged conspiracy period and his recent arrest”. In glaring contrast to Zaccaria, Thompson was not considered a “danger to society”. U.S. District Judge Lynn Hughes, in opposition to federal prosecutors’ argument that Thompson was a significant “flight risk”, even saw it reasonable to allow the temporary return of his passport so Thompson could get married and honeymoon in the Carribean this summer.

Bruce Zaccaria will remain detained at the Joe Corley Detention Facility while Lee Thompson will honeymoon in the Carribean over the Fourth of July weekend. Yet each awaits trial on one count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the same Houston federal courthouse.

Trent Gaither, Zaccaria’s attorney, was “mystified” by the detention order. Gaither acknowledged that Zaccaria’s criminal history included two DUI convictions in 2008. Gaither noted that Magistrate Botley signaled they would not be a determining factor in the detention. Even as a consideration, Zaccaria’s past problems with alcohol “do not rise to the level of convincing evidence that he is a danger”. Zaccaria’s pre-trial detention and “danger to society”  was solely based upon his purchasing and distribution of anabolic steroids at a local gym.

Trent Gaither, on behalf of his clients, has filed a motion requesting the Court rescrind the detention order and release Zaccaria on unsecured bond. He argued that the unjustified detention of Bruce Zaccaria not only results in the loss of personal freedom and income that compromises the preparation of his defense but also that unnecessary detention is a waste of significant taxpayer resources.

Defense attorney Gaither’s reference to Alice in Wonderland refers to Lewis Carroll’s sardonic view of the legal process by the Wonderland Court.  

Post from: MESO-Rx Blog

Written by: Millard Baker | Twitter | FriendFeed | Facebook | E-mail

NPC Texas Chairman Lee Thompson was found in possession of “large quantities of different types of anabolic steroids” when he was arrested on May 25, 2009 according to federal prosecutors. Fort Bend County Sheriff Deputies arrested Thompson after a federal grand jury indicted him on steroid conspiracy charges for his alleged involvement with the “Falkenhagen” group.

Chris Downey, the attorney for Lee Thompson, dismissed the government’s characterization of the “large quantities” of steroids in his client’s possession as inappropriate. Downey argued that the quantity of steroids found was “consistent with personal use” IF all the steroids that were expired and therefore unsuitable for use were EXCLUDED.

The Government has alleged that the defendant was in possession of “large quantities” of anabolic steroids at the time of his arrest. While defendant has not yet completed the process of discovery in this matter, defendant has a good faith reason to believe that a review of the substances to which the government refers would reveal that some of the items were not suitable for use as they had expired. Furthermore, the quantity remaining would constitute an amount consistent with personal use and is not properly characterized as “large quantities”.

The new details in the Lee Thompson case were made public when Downey requested permission for his client to travel outside the United States. Thompson and his fiancee had made extensive plans for their wedding on the Carribbean island of St. Lucia on July 4, 2009. However, as a condition of Thompson’s release on a $50,000 unsecured bond, Thompson had to surrender his passport and was prohibited from traveling outside the United States.

Prior to Mr. Thompson’s arrest, he became engaged and had made extensive arrangements to be married on July 4, 2009 on the Carribbean island of St. Lucia. His planned itinerary calls for airline travel from Houston on June 30, 2009 and returning from St. Lucia on July 7, 2009. Prior to his arrest, Mr. Thompson expended more than $15,000.00 in preparation for this event.

Mr. Thompson owns his residence in Sugarland, Texas and has been a resident of Texas for eighteen (18) years. He is gainfully employed as an environmental consultant for the Pepsi Company and is the owner of several local businesses. Mr. Thompson is also the father of five children who also reside in Sugarland. He expects his first grandchild to be born in Sugarland on July 18, 2009 and had previously planned the dates of his wedding to allow for his presence at the birth of his granddaughter. Defendant respectfully submits he does not pose a flight risk to the Court.

United States Attorney Tim Johnson and Assistant United States Attorney Martha Minnis remain unconvinced and are adamantly opposed Lee Thompson’s request to get married in St. Lucia. Fedeal prosecutors believe he is a significant flight risk while pending trial on a charge of “conspiracy to possess with intent to distribute anabolic steroids.”

When the defendant was arrested May 25, 2009, he had large quantities of different types of anabolic steroids in his possession. Clearly, he had not discontinued his use of illegal drugs between the “end” of the charged conspiracy period and his recent arrest. He is not a good risk for travel outside the United States while pending trial in this matter.

The good news for Lee Thompson and his fiancee is that U.S. District Judge Lynn Hughes saw it reasonable to allow the temporary return of his passport so that they can get married in St. Lucia on the Fourth of July.

U.S. Attorney Johnson and company will hope to have better luck when trying to keeping some of Thompson’s co-defendants in jail pending trial by convincing the judge that buying and selling steroids represents a “danger to the community.”

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Written by: Millard Baker | Twitter | FriendFeed | Facebook | E-mail

The Calhoun-Cleburne County Drug and Violent Crime Task Force arrested three individuals after a six-month investigation into steroid distribution at Dynabody Fitness, a commercial gym in Oxford, Alabama. The task force seems to be taking advantage of federal funds to expand their traditional war on drugs to include anabolic steroids (”3 arrested in steroid bust at fitness gym,” June 18). 

Lt. Chris Roberson said Wednesday the owner, Cooper Freeman of Oxford, was arrested and charged with three counts of distribution of a controlled substance and several counts of possession of controlled substances.

Roberson said the gym manager, Billy Cole of Saks, was charged with criminal conspiracy to commit a controlled substance crime and possession of a controlled substance and Freeman’s wife, Amanda, was charged with possession of a controlled substance.

Alabama Governor Bob Riley awarded a $135,000 federally-funded grant to the Calhoun-Cleburne County Drug and Violent Crime Task Force on November 25, 2008 to help fund “undercover operations and investigations of drug dealers”.

The federal funds were made available through the Department of Justice thanks to H.R. 2764 (”Consolidated Appropriations Bill for Fiscal Year 2008″); Congressman Mike Rogers from Alabama characterized the funding as one of his top homeland security priorities for Eastern Alabama. However, Congressman Rogers seemed to think the funds would be used to rid the communities of methamphetamines instead of steroids.

It is unclear how steroids represent a threat to homeland security in spite of assertions by the United States Customs that steroids fund “terrorism, death, and addiction around the world”.

Alabama Governor Riley justified the grant due to the direct relationship between drugs and violent crime; but it seems unlikely that Governor Riley had steroids in mind when he awarded the grant (”Riley Awards Grant to Fight Drugs in Calhoun, Cleburne Counties,” November 25, 2008).

“In many cases, violent crime is directly related to drugs,” said Riley. “I commend the members of this task force for their efforts to apprehend and prosecute drug offenders and keep the region safe for law-abiding residents.”

Governor Riley may not have intended for his drug war rhetoric to apply to anabolic steroids, but law enforcement agencies are regrettably increasingly treating steroid use and distribution as equivalent to traditional drugs of abuse like cocaine, heroin and ecstasy. It is unclear how targeting steroid use at commercial gyms and fitness centers leads to safer communities.

The Calhoun-Cleburne County Drug Task Force had previously arrested a paramedic for buying steroids over the Internet in their efforts to make the community safer back in 2005. Donald Neil Cofer of Oxford was charged with “unlawful receipt of a controlled substance” and “possession of drug paraphernalia”.

Cofer was the former director of Emergency Medical Services in Cleburne County and an instructor at Gadsden State Community College who volunteered his time to represent Cleburne County Emergency Services at Cleburne County High School football games. The community of Oxford presumably became a safer place after Cofer was fired from these positions.

The Calhoun-Cleburne County Drug and Violent Crime Task Force has used an interesting analogy to elicit help from the community in their war against drugs that include Schedule III controlled substances such as anabolic steroids.

Without your assistance and information, that a drug dealer has moved into your neighborhood it is like a cancer to the community, bringing the wrong element around you and your family. Without you getting involved, the cancer spreads to a second residence, then a third.

The law-abiding citizens of Oxford must be proud that the cancer known as Dynabody Fitness has been busted with the help of taxpaying citizens around the country.

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Written by: Millard Baker | Twitter | FriendFeed | Facebook | E-mail