FDA Special Agent Jeff Novitzky, the agent who has become the face of the federal government witch-hunt against steroid users in professional sports during the BALCO scandal, has move his attention to investigating dietary supplement companies suspected of selling designer anabolic steroids.
Novitzky’s latest steroid investigation targeted two popular products sold and marketed as dietary supplements, “Tren Xtreme” and “Mass Xtreme”. These products were manufactured by American Cellular Labs Inc. (ACL) and sold exclusively through Max Muscle Sports Nutrition (MMSN) stores and via the ACL website (”Two Dietary Supplements Said to Contain Steroids,” July 23).
The exact nature of the business relationship between ACL and MMSN is unclear. Maurice Sandoval, the owner of the Max Muscle San Francisco franchise and the Regional Marketing Director for Max Muscle, was identified as the chief executive of ACL in a government affidavit. Sandoval told the New York Times that he sold ACL in 2008. ACL, Max Muscle San Francisco, and Sandoval’s residence were targets of search warrants executed on July 23, 2009.
The FDA investigation did not involve any steroid contaminants or undisclosed anabolic steroids. Federal investigators specifically targeted the openly listed ingredients in Tren Xtreme and Mass Xtreme commonly referred to as “Tren” and “Madol”, respectively. Read more
MLB baseball player J.C. Romero has filed a civil lawsuit against the manufacturers and distributors of the 6-OXO Extreme. 6-OXO Extreme is sold as a dietary supplement and marketed as an aromatase inhibitor. Romero blames androstenedione contamination in the supplement for his positive anabolic steroid test results administered on August 26, 2008 under the Major League Baseball (MLB) drug policy. Romero of the Philadelphia Philles was suspended for 50 games as a result (”Suspended Phillie Romero files suit,” April 28).
The lawsuit names Ergopharm, Proviant Technologies, GNC and Vitamin Shoppe as the four defendants accused of negligence, intentional misrepresentation and consumer fraud. Chemist Patrick Arnold formulated and manufactured the supplement 6-OXO Extreme for his companies Erogpharm and Proviant. J.C. Romero’s lawyers have defended numerous athletes accused of doping after failing drug tests like Floyd Landis, Marion Jones, Tim Montgomery, Jessica Hardy and Deuce McAllister (”Suspended Phillies reliever J.C. Romero suing supplement makers over positive steroid test,” April 28).
The lawsuit against Ergopharm, Proviant, GNC and Vitamin Shoppe is surprisingly frivolous [misdirected] given the expertise of Romero’s lawyers which include Howard Jacobs and David Cornwell. The main issue in the case is the claim that the failure to disclose androstenedione contamination in 6-OXO Extreme by the defendents was THE REASON that J.C. Romero tested positive for anabolic steroids; this subsequently resulted in his suspension and the forfeiture of $1,245,902 in salary.
The fact is that J.C. Romero would have tested positive for anabolic steroids and received a suspension IN THE ABSENCE of ANY androstenedione contamination. The supplement 6-OXO itself would have triggered a false positive for androstenedione since it is metabolized into 6a-OH-androstenedione; this is the same urinary metabolite produced by androstenedione. The issue of androstenedione contamination is nothing more than a red herring. Read more
The Major League Baseball Players Association (MLBPA) appears to be using deceptive and misleading spin tactics to manipulate public opinion in their defense of J.C. Romero and Sergio Mitre. The MLB baseball players have been suspended after testing positive for androstenedione which is classified as an anabolic steroid under the MLB drug policy. The MLBPA unfairly and erroneously attempts to blame the positive steroid test on a “minute trace” of androstenedione contamination in the dietary supplement 6-OXO by Ergopharm; these assertions have been made in the absence of lab analysis showing contamination Read more
J.C. Romero of the Philadelphia Philles and Sergio Mitre of the New York Yankees have both been suspended for 50 games for testing positive for anabolic steroids under the Major League Baseball (MLB) drug policy. In a seemingly well-planned, but scientifically flawed, public relations campaign, Romero and Mitre allege the positive steroid test resulted from the respective ingestion of the dietary supplements 6-OXO by Ergopharm and Halodrol Liquigels by Gaspari Nutrition purchased from GNC. The listed ingredient of 4-etioallocholen-3,6, 17-trione in 6-OXO and Halodrol, while banned by the World Anti-Doping Agency (WADA), is NOT explicitly prohibited by MLB. The players allege that 6-OXO and Halodrol were contaminated with androstenedione which was not disclosed on the label. Androstenedione has been prohibited by MLB since 2004.
Chemist Patrick Arnold says that his company Ergopharm tests their products for purity explaining that any potential contamination would be in the “parts per billion” range and would have no physiological effect. Read more
Patrick Arnold of Ergopharm tells me that he is angered by the conviction of cyclist Tammy Thomas today. She was convicted of three counts of perjury and one count of obstruction of justice. In his email, Pat tells MESO-Rx:
I feel saddened and disgusted by Tammy’s conviction. Its been almost FIVE YEARS since Balco. Why are we still going after athletes? How can a wound ever heal if we keep sticking our fingers in it? They say its for the kids. Well how does keeping steroids in the news over and over again do anything except arouse their curiousity? This is not about the kids. Its about the careers and egos of federal politicians, prosecutors, and law enforcement agents.
When the jury read the conviction in court today, Tammy Thomas addressed the prosecution and jury that convicted her (”Cyclist Tammy Thomas convicted in steroids case,” April 4). Read more
Everytime a steroid source is busted, there is considerable internet buzz about whether the source will “rat out” anyone. And everyone involved in the underground steroid black market wants to know whether their colleagues, their customers, or their sources will turn their name(s) over to federal/state investigators. Internet entrepreneurs have realized the demand for this type of information, much to the chagrin of law enforcement, with websites like Who’s A Rat? (”Web site that rats out informants worries Dallas officials,” March 29).
The site seeks to expose people who “rat on a business associates, friends, or family members just to save themselves,” said Chris Brown, whosarat.com spokesman…
The site has survived because of free speech protections, he said. “The bottom line is we provide the forum. The members post…”
Currently, anyone can go to Public Access to Court Electronic Records (PACER) and download information about their favorite busted steroid source, past and present, including the criminal complaint, the indictment, and the plea agreement. I think this sort of transparency in our criminal justice system is great.
Unfortunately, websites like WhosaRat.com and RateMyCop.com have raised concerns among law enforcement that may ultimately restrict the public’s access to court records. This is a worthy debate in and of itself. But I want to focus on another aspect the process – plea agreements – and why these do not necessarily make the defendant a “rat.”
Practically all individuals indicted in steroid conspiracy, steroid possession, and steroid distributions charges will ultimately reach plea agreements with federal prosecutors. But a plea agreement by a defendent does not always mean they have ratted out either distributors higher on the steroid supply chain or customers lower on the steroid supply chain.
Plea agreements, especially in victimless crimes like steroid possession, are often reached to ease an overburdened criminal justice system (”Plea deals help make courts efficient,” November 18, 2007).
Plea agreements can save time and money while bringing a faster resolution for the accused and accuser. Without them, experts say, the courts would become clogged, bogged down and overworked.
“Obviously, from the standpoint of the court being able to function efficiently, without plea agreements, the system would slow down dramatically,” said La Crosse County Circuit Judge Scott Horne, elected to the bench last spring after 22 years as county district attorney.
Prosecutors like plea agreements because they guarantee a conviction. There are several types of plea agreements. Defendants can plead guilty to a lesser charge or some of the charges for a speedy conviction. They can also agree to plead guilty in exchange for a lesser sentence. Obviously, these type of plea agreements do not make them a snitch or a rat.
Clearly, some plea agreements involve the cooperation with ongoing investigations and/or testifying against a co-defendant, etc. Even these cases don’t always involve snitching on others. For example, the “cooperaton” could involve teaching federal prosecutors how a major steroid smuggling operation works in exchange for a more lenient sentence.
Other plea agreements could involve testifying against a co-defendant or a party in a related investigation. Often times, prosecutors ask defendants to simply confirm the evidence already collected by prosecutors. But even then, sometimes the cooperation is really too innocuous to qualify the defendant as a “rat.” A good example is the recent testimony of Patrick Arnold (Ergopharm) at Tammy Thomas’ doping trial. Pat explains his testimony here to readers of the MESO-Rx Blog:
I was basically forced into a very crappy situation. Last year right before i went to prison they subpoenaed me to a grand jury hearing. in that hearing they showed me evidence they had against tammy and it was clear to me they had all they needed to show i sold her stuff. So i told them yes i did.
if i did not, then i would have gone to prison. and it would not have done anything to help tammy anyway.
the good thing about this is that tammy’s attorneys are not even trying to deny she got stuff and took it, so my testimony this week was pretty moot. they are using another angle and surprisingly it turned out that my 3 hours on the stand helped tammy’s side much more then it helped the feds.
Other plea agreements (usually the sealed variety) involve confidential informants or cooperating defendants involved in sting operatons; these are typically what are called “rats” or “snitches.”
But the problem with websites like WhosaRat.com is that when plea agreements are uploaded, members often do not discriminate and assume the agreements to be proof that the defendant is a rat.
Authorities point out that a plea deal is not necessarily proof that someone is an informant or plans to testify against another defendant.
While it is always wise to assume the worst to protect yourself, assumptions based on incomplete information may not always be accurate.
Patrick Arnold’s ex-girlfriend, Kelcey Dalton, testified as a witness in cyclist Tammy Thomas steroid case. She told the court that Patrick Arnold (of Ergopharm) made very little profit from the sell of performance enhancing drugs (which were classified as “unapproved new drugs” prior to the Anabolic Steroid Control Act of 2004) ["Witness: Little Profit for Steroid Maker," March 27].
The sums of money Arnold was making were “very low,” she said. “I think we should have charged more.”
Pat confirmed via email that he only made $15-20 thousand over the course of the THREE YEARS he provided tetrahydrogestrinone (THG) and norbolethone to elite athletes while working with Victor Conte. The government calls a $5,000 a year operation a major steroid bust?!
Steroid chemist Patrick Arnold of Ergopharm testified in San Francisco federal court today in the perjury case against cyclist Tammy Thomas. Pat Arnold said under oath that THG was explicitly created to avoid detection by athletes subject to doping controls. He admitted to selling tetrahydrogestrinone (THG) to Victor Conte of BALCO and directly by mail to Tammy Thomas. (”Chemist testifies he created steroid at the heart of BALCO scandal,” March 25)
THG was also known as “the clear” because it was not detectable at the time Arnold developed it in about 2001.
Under questioning by prosecutor Jeff Nedrow, Arnold said, “That’s the primary reason why THG was developed.”
Arnold also said, “I believe that Miss Thomas understood full well it was undetectable and that that was its purpose.”
He said he believed the cyclist understood the drug had “steroid-like qualities.”
Tammy Thomas denied ever receiving any products from Pat Arnold other than Ergopharm 1-AD; she denied receiving anabolic steroids or other performance-enhancing drugs from Pat Arnold or anyone else; she denied using anabolic steroids.
