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.”
The U.S. Food and Drug Administration (FDA) issued a Public Health Advisory (PHA) warning consumers to avoid using bodybuilding supplements claiming to contain “steroids”, “steroid-like substances”, “steroid alternatives” and “hormone products”. The FDA warning failed to give guidance on the specific product ingredients that were problematic. The extremely broad language cast suspicion upon all “body building supplements” marketed for performance enhancement because they might contain synthetic steroids (”FDA recommends that consumers should not use body building products marketed as containing steroids or steroid-like substances,” July 28).
- “marketed as containing steroids or steroid-like substances”
- “marketed for body building and increasing muscle mass”
- “marketed as alternatives to anabolic steroids for increasing muscle mass and strength”
- “promoted to athletes to improve sports performance and to aid in recovery from training and sporting events”
The target was ostensibly illegal synthetic steroids that are not compliant with the Dietary Supplement Health and Education Act (DSHEA). However, the FDA news releases and statements appears to demonize ALL steroid products including those that are legally sold and marketed as dietary supplements under DSHEA. Read more
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.
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. Read more
Anabolic steroid possession for personal use is technically legal in Canada although a steroid user lacking a medical prescription could have the drug seized. Only steroid trafficking, steroid manufacturing and steroid importation are illegal under Canadian law. The penalties for steroid importation are not always particularly severe in the absence of evidence of distribution.
S. Satir, Ph.D. of Canada, a civil engineer and top amateur bodybuilder, was fined $1000 after he pleaded guilty to one charge of “failing to report imported goods” in May 2009. The Crown dropped one charge of “smuggling prohibited goods” as part of the plea agreement.
Satir was caught in possession of approximately 26,000 tablets consisting of six different types of steroids and five different bodybuilding ancillary drugs on February 4, 2009. Customs officials at the Halifax Stanfield International Airport discovered the drugs repackaged in supplement bottles and a wooden backgammon set in Satir’s luggage. Satir was returning home to Canada on a flight from the United States after visiting Turkey for two months (”Bodybuilder fined $1,000 for trying to bring steroids, other pills into country,” May 27).
Mr. Satir told investigators that he had purchased the drugs in Turkey for $2,000.
“He advised that he had obtained the pills for his own personal use, and the Crown has no evidence to the contrary,” federal prosecutor Suhanya Edwards told the court. Read more
The arrests of Mr. New Zealand and IFBB pro bodybuilder Marc Rainbow and amateur bodybuilder Andrew Lent in unrelated steroid cases have prompted concern among anti-doping officials that bodybuilding is the “supply network” for anabolic steroids in mainstream sports. Graeme Steel of Drug Free Sport New Zealand (DFSNZ) blamed bodybuilders for the spread of steroids in sports. There has been no reported evidence to substantiate the assertion that recently seized steroids were intended for New Zealand athletes Read more
NPC Oklahoma bodybuilder and promoter Tom Burke pleaded guilty to a criminal felony steroid conspiracy charge on June 4, 2009 and was granted a deferred sentence of two years probation. Burke’s plea will be expunged without a conviction upon successful completion of the deferred sentence. Burke was one of 6 Oklahoma NPC and IFBB bodybuilders arrested in April 2009 arising out on a two-year steroid investigation targeting Oklahoma bodybuilders.
Tulsa Police interrogated Burke a week prior to his arrest at Symmetry Gym in Tulsa, where he worked as a personal trainer, and allegedly discovered human growth hormone (HGH) and testosterone in his car. Burke was accused of giving anabolic steroids and HGH to bodybuilders at Symmetry Gym to help them prepare for competition according to his arrest warrant. Burke previously competed at the 2007 Branch Warren Classic and helped co-promote the Oklahoma State and Central Classic in previous years.
Agent Brian Surber, of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDDC), has suggested there will be further arrests in the ongoing Oklahoma investigation targeting bodybuilders Read more
The Fort Bend County Sheriff’s Office, U.S. Attorney’s Office and the Drug Enforcement Agency perpetuated misconceptions about the typical anabolic steroid user during a May 27, 2009 press conference announcing a major steroid bust involving personal trainers, their clients and bodybuilders in Fort Bend County Texas. Steroids users were compared to traditional recreational drug abusers; officials suggested that steroid users posed the same risk/dangers to society as cocaine, heroin and methamphetamine users.
A large-scale, scientific survey of almost 2,000 non-medical anabolic steroid users published in 2007 has invalidated these assumptions. Contrary to popular assumptions about steroids users held by officials at the Fort Bend County press conference, the typical anabolic steroid user is a highly-functioning, highly-educated, health-focused, goal-oriented, white collar professional earning an above-average income who attempts to use anabolic steroids responsibly in order to improve muscle strength, body composition and physical appearance Read more
Operation Farmacia de Juicy Phruit is the code name for the major steroid bust in Houston led by the Fort Bend County Sheriff’s Department involving the arrest of 73 defendants. The “largest narcotics operation in the history of Fort Bend County” primarily involved the arrest of personal trainers, their clients, bodybuilders, a professional bodybuilder and a gym owner in the Houston area. Many of the arrests only involved steroid possession. The steroid network was characterized by Sheriff Milton Wright as a “loose knit” network of individuals involved in fitness/bodybuilding who distributed steroids through “word of mouth”. The total amount of steroids sold over a period of about six years was estimated to have been $643,924 (”Authorities round up drug suspects,” May 27).
“It’s one of these things where they’ve got their friends on speed-dial. They need a certain product, they give them a call and so forth,” Wright said. “They just know each other. A lot of times they know each other by nicknames. They are well-connected to each other in that respect.”
Fort Bend County Sheriff Wright told the Houston Chronicle that the Texas steroid investigation revolved around personal trainers and gyms (”Fort Bend holds suspects in alleged steroid ring,” May 28).
“The majority of this thing is built around body trainers at fitness centers,” said Wright. “Their livelihood is getting customers they can develop physically — legally or illegally. It doesn’t matter in their eyes, as long as they get the job done.”
The steroid operation originated with Brock Falkenhagen, owner of Fitness Associates and Smoothie Factory in Sugar Land, when his activities came to the attention of law enforcement in late 2006 for importing and distributing Jintropin brand human growth hormone (HGH) purchased from Lei Jin of GeneScience Pharmaceuticals. Falkenhagen also allegedly manufactured and distributed anabolic steroids from some time in 2001 through September 7, 2007. Falkenhagen was well-connected in the Sugar Land / Stafford / Missouri City / Houston area fitness community and was friendly with several personal trainers and bodybuilding promoters. Some of Falkenhagen’s friends are rumored to have been arrested today. Charles Brock Falkenhagen was listed as a co-defendant on the sealed indictments of all 22 defendants indicted by the federal grand jury in April 2009; the names of Falkenhagen’s co-defendants were redacted in unsealed court documents.
Falkenbaden was not characterized as the mastermind behind the steroid operation. But authorities would not elaborate on how the Falkenbaden investigation led to the arrest and indictment of personal trainers and bodybuilders in the Houston area. Falkenbaden was arrested approximately a week before today’s arrests and released on a $75,000 unsecured bond Read more
Richard and Sandra Thomas, former competitive bodybuilders who competed in 2001 NPC Mid-Florida Muscle Classic mixed pairs competition, were arrested after undercover narcotics detectives recovered several thousand dosages of oral anabolic steroid, injectable steroids, and steroid paraphernalia some of which may have been destined for professional athletes. The Polk County Sheriff’s Office (PCSO) obtained an anticipatory search warrant in preparation for the controlled delivery after Immigrations and Customs Enforcement (ICE) agents in Philadelphia notified them that a large shipment of anabolic steroids was destined for the Lakeland, Florida home of Richard and Sandra Thomas. Polk Sheriff Grady Judd reported the steroid seizure as the largest in the history of the PCSO. The Polk County Sheriff’s Office apparently also seized copies of the steroid reference books “Anabolics 2007” and “Anabolics 9th Edition” which the photographer felt compelled to use creatively in official photographs of the steroid seizure Read more
The 2009 NABBA Belgium Nationals Bodybuilding Championships were cancelled yesterday after three anti-doping official arrived unannounced to conduct steroid testing. The NABBA Belgium sanctioned bodybuilding championship was to be held at Arsenaal Theater in Vlissingen, Netherlands on Sunday, May 17, 2009. The 20 bodybuilding competitors were reported to have “fled” the auditorium when the steroid testers arrived (”Bodybuilders op de vlucht voor dopingartsen,” May 18).
“I have never seen anything like it and hope never to see anything like it again,” said anti-doping official Hans Cooman… “In the bodybuilding world doping control is necessary because we know that there is a lot of doping going on. The results prove this again and again.”
Cooman said he had no choice but to conclude that all the competitors were using steroids based on their abrupt departure from the venue. Read more
IFBB professional bodybuilders Martin Kjellström and Irene Andersen were interrogated by police in Sweden during a recent series of steroid raids in Göteborg, Stockholm and Malmö during the week of April 20th, 2009. Police apparently rounded up twelve of the top Swedish bodybuilders, including at least two IFBB pro bodybuilders, during an exploratory investigation into steroid distribution in the region. But no charges have been filed in the case (”Kroppsbyggare fast i drograzzia,” May 6).
Swedish police have been known to arrest bodybuilders for suspicion of steroid use based on appearance alone. Police questioned the bodybuilders about their use of anabolic steroids. Most of the bodybuilders interrogated were found in possession of steroids in personal quantities for bodybuilding purposes. All indications suggest that Swedish police are primarily interested in busting major drug dealers of steroids and narcotics and not bodybuilders who use personal quantities of steroids and related performance enhancing drugs.
IFBB pro Martin Kjellström cooperated with police and permitted them to search his home where they discovered only small quantities of anabolic steroids. The steroids purportedly amounted to a 1-2 week personal supply; Kjellström’s physician in Norway corrobated the pharmaceutical regimen with Swedish police. Kjellström explained to police that most bodybuilders are hard-working professional athletes and NOT drug dealers. There was NOT a steroid bust but only involved questioning by the Swedish doping police. It is not expect to effect his contest preparations for the 2009 Mr. Olympia. Read more
Teenage bodybuilder Matthew Dear died on April 20, 2009 reportedly from an overdose of anabolic steroids. The parents of Matthew Dear were the first to attribute their son’s death to anabolic steroids. The news of Matthew Dear’s “steroid death” was initially reported by “The Daily Mirror”, a British tabloid but was soon picked up and legitimized by mainstream UK media outlets such as BBC News, the Daily Mail, and the Sunday Times. Could the steroid-attributed death of Matt Dear spread steroid hysteria throughout the United Kingdom much like the death of Taylor Hooton affected the steroid discussion in the United States?
The assertions that anabolic steroids were responsible for causing enlarged pupils, blindness, intoxication, severe abdominal pains, convulsions, brain swelling and kidney failure are pretty outrageous. These side effects are not medically substantiated adverse effects of anabolic steroids. Matthew Dear’s doctor even told the parents that he never witness any such reaction to anabolic steroids. The parents of Matthew Dear nonethless felt compelled to blame anabolic steroids. Read more
IFBB professional bodybuilder Guy Ducasse has been indicted on federal steroid distribution and possession charges by a federal grand jury in U.S. District Court for the Northern District of Oklahoma. Guy Marc “Duke” Ducasse was arrested and charged with one count of “possession with intent to distribute anabolic steroids”; four 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” (”Steroid inquiry nets at least 7 arrests,” April 17).
“This has been a far-reaching, complex investigation,” Woodward said in a release. “We have identified individuals from Oklahoma, as well as several other states involved in bringing steroids or components of the drug into the United States. The drugs are being manufactured and distributed within a growing circle of individuals tied to competitive body building.”
Federal prosecutors David O’Meilia and Janet Reincke alleges that IFBB pro Guy Ducasse made at least $18,014 between 2006 and April 8, 2008 from the sale of boldenone (Equipoise), dromostanolone (Masteron), methandrostenolone (Dianabol), nandrolone decanoate (Deca Durabolin), oxymetholone (Anadrol), oxandrolone (Anavar), Proviron, testosterone, testosterone enanthate and testosterone propionate. Read more
Oklahoma law enforcement have sent a clear message that they are targeting competitive bodybuilders who use anabolic steroids by issuing 10 arrest warrant, mostly for bodybuilders. The Oklahoma Bureau of Narcotics and Tulsa Police have been investigating the anabolic steroid and competitive bodybuilding scene for about two years. Law Enforcement purposely targeted middle- and upper-class competitive bodybuilders who used steroids solely for personal use (”Warrants Issued In Oklahoma Steroid Bust,” April 17).
Investigators say when they began the investigation two years ago; they vastly underestimated how bad the problem of anabolic steroid abuse was in Oklahoma. The bust doesn’t involve your average drug user. The accused are middle and upper class professionals. Some are accused of using steroids, others of selling or giving them away and agents say one man even ordered the raw ingredients from China to make his own.
National level NPC bodybuilders Trudy Ireland-Kline and Darrell Terrell and IFBB pro bodybuilder Sherry Smith (an Oklahoma City firefighter) are among the bodybuilders facing charges for personal use of steroids. Other bodybuilders who allegedly obtained steroids for personal use include Dr. Brad Stahlheber and Tom Burke were arrested.
Derrick Davis was busted for operating an underground lab that imported raw steroid powders from China and prepared oral and injectable anabolic steroids. Read more
