BEFORE THE AMERICAN ARBITRATION ASSOCIATION CdS es horas ; ) ‘Claimant, ) ARBITRAL AWARD peones tc rcmant ¥ ) a } Respondent F WE, THE UNDERSIGNED ARBITRATORS (“Panel”), having been designated by the above-named parties in accordance with the applicable rules, and having duly heard the allegations, proofs and arguments presented in this matter, do hereby find end issue this Award, 1s follows: 1 SUMMARY 1. Claimant, the United States Anti-Doping Agency (USADA"), has alleged that Respondent, Dr. Geert Leinders, committed a number of doping offenses in violation of the ‘Union Cycliste Inernationale Anti-Doping Rules (“UCI ADR”), the World AntiDoping Code (*WADC"), and the USADA Protocol for Olympic and Paralympic Movement Testing (USADA Protocol”). Those alleged doping offenses include possession of prohibited substances and/or methods; trafficking of prohibited substances and/or methods, administration and/or attempted administration of prohibited substances and/or methods; and assisting, encouraging, aiding, abetting, covering up and other complicity involving anti-doping rule violations. USADA also asserts thatthe alleged doping offenses involve ageravating circumstances justifying a lifetime period of ineligibility.2. For the reasons desribed more filly below, the Panel has determined tha, based onthe evidenes presented tit and the arguments and submissions of counsel, USADA has met its burden of proof and established tothe Panel's confortable satiation tat Dr, Leinders committed each ofthe alleged doping offenses within the applicable sate of imitations 3. Forthe reasons described more lly below, the Panel imposes litetime period of incligibility asthe sanction for Dr. Leinders’ doping offenses u, PARTIES 4. Claimant, USADA, isthe independent anti-doping agency for Olympic movement Sports inthe United States and is responsible for conducting drug testing and adjudicating potential doping offenses pursuant othe USADA Protoea 5. Respondent, Dr. Geert Leinders, served asthe chet team doctor forthe Rabobank professional cycling eam from 1996-2009. Dr. Leinders als served onthe team’s board of sectors from 2004-2009, Dr. Lenders thereafter served as team doctor forthe Team Sky professional cycling team. In 2012, Dr. Leinders” contact with Team Sky was terminated, and sinoe that date he apparently has ceased any participation in the sport of cycling, The charges at issue stem from Dr. Leinders’ involvement with the Rabobank cycling team. TM. PROCEDURAL HISTORY 6 On1uly8, 2013, USADA informed Dr. Leinders by letter that a formal action had ‘en opened based on evidence that he had engaged in anti-doping violations under the UCT ADR (2002-2013), WADC (2003-2013), and the USADA Protocol (2002-2013). That leer gave Respondent notice ofthe proposed charges, specifically, possession of prohibited substances andor methods; rafickng of prohibited substances andlor methods; administration and/or attempted administration of prohibited substances and/or methods; assisting, encouraging,Aiding, abeting, covering up and other complicit involving anti-doping rle violations, and aggravating circumstances justifying a period of ineligibility greater than the standard sanction 7. Inaleterdated fly 11,2013, Dr Linders counsel at the Belgian lw frm of Van Landuyt & Partners, Mr. Johnny Maeschalel and Mr. Kristof De Saedeleer, acinowledged recelpt of USADA’S July 8, 2013 letter, and admitted that Dr. Leinders previously “was working for aDutch cycling team (Rabobank) witha Belgian license 8 Imaleter dated July 12, 2013 (the Charging Lee”), Dr Lenders was informed that USADA’s AntiDoping Review Board had determined that there was sulicent evidence of| anti-doping rule violations and recommended tht the adjudication process proceed onthe following charges (2) _ Possession of probibited substances and/or methods including, EPO, blood transfusions and related equipment (such as needles, blood bags, storage containers and other transfusion equipment and blood parameters measuring devices), testosterone, insulin, DHEA, LH and corticosteroids under WADC 2.6 (2003-present), UCI ADR 135 (2001-2004), UCI ADR 15.6 (2008-2008) and UCI ADR 21.6 (2009-present), (©) __ Tracking of EPO, blood transfusions, testosterone, insulin, LH and corticosteroids under WADC 2.7 (2003-present), UCI ADR 3, 135 (2001-2004), UCI ADR 15.7 (2005-2008), UCT ADR 21.7 (2009-present); (©)___ Administration and/or attempted administration of EPO, blood transfusions testosterone, insulin, DHEA, LH and corticosteroids uncer WADC 2.8 (2003-present), UCI 3, 133 (2001-2004), UCI ADR 15.8 (2005-2008), UC ‘ADR 21.8 (2009-present), (@) Assisting, encouraging, aiding, abetting, covering up and othe: complicity involving one or more anti-doping rule violations and/or attempted anti-doping rule violations under WADC 2.8 (2003-present), UCI ADR 3, 133 (2901-2004), UCT ADR 15.8 (2005-2008), UCT ADR 21.8 (2009-present), and (©) _Agaravaing circumstances justifying a period of inlay rete then the standard sanction under WADC 10.6 (2009-present) and UCI ADR 305 (2009-present)9. ‘The Charging Letter also stated that USADA was seeking a lifetime period of ineligibility as sanction, and notified Dr. Leinders that he had the right to an arbitration hearing before the American Arbitration Association (“AAA”) to contest USADA’s charges and proposed sanction 10. By letter dated July 26, 2013, Dr. Leinders’ counsel informed USADA that their “client chooses to contest USADA’s proposed sanction” and “elects to proceed toa hearing.” ‘That letter again confirmed that Dr. Leinders “worked with a Belgian license for a Dutch cycling team.” 11, USADA transmitted Dr. Leinders’ request to the AAA, and this Panel was appointed on February 24, 2014, 12, Apreliminary conference was scheduled for April 3, 2014. On April2, however, Mr. Maeschalc informed the AAA that his law firm “doesn’t have any mandate to represent Mr. Linders in the United States of America,” and that “a personal invitation of Mr. Leinders seems 4 legal necessity and he didn’t sign a convention to arbitrage (sic)." 13. Atthe Panel's request, USADA, by letter dated April 1, 2014, requested that Mr. Maeschalck clarify whether Dr. Leinders was withdrawing his request for a hearing before an AAA arbitration panel 14. On April 18, Mr. Maeschalck responded that he could not “give a declaration on behalf of Dr. Leinders to stop or to continue the procedure” because “Dr. Leinders didnot give us any mandate to represent him in the United States of America,” 15. On May 6, 2014, USADA submitted a letter to the Panel requesting that the Panel Schedule this matter for hearing because “neither Mr. Maeschalek nor Dr. Leinders tave‘withdrawn the request for arbitration previously filed by Dr. Leinders’ attorneys on July 26, 2013." 16. On May 23, 2014, the Panel determined that good cause existed to extend the hearing date and ordered thatthe hearing be held on or before August 15, 2014 17, ‘The Panel conducted a second preliminary conference on June 18, 2014, ‘Although notice of the conference was provided by email to Mr. Maeschalck, neither Dr. Linders nor any representative acting on his behalf participated inthe conference. 18, Given the failure of Dr. Leinders (or any representative) to appear, USADA, at the Pane!’s request, contacted Mr. Maeschalck by letter dated June 19, 2014, USADA requested that Mr. Maeschalck forward to the AAA Dr. Leinders’ direct contact information, and stated that until such information was provided, USADA would continue to forward all documents in this matter to Mr. Maeschalck 19. On June 30, 2014, having received no response from Mr. Maeschalck, the Panel issued a Scheduling Order sting the hearing for August 11-12, 2014, in Washington, DC! ‘The Scheduling Order stated Pursuant to Rule 26 of the American Arbitration Association Supplementary Procedures forthe Arbitration of Anti-Doping Rule Violations, this arbitration may proceed in the absence of Dr. Leinders. Should Dr. Leinders wish to participate in the hearing, he should notify the AAA (c/o Jen Nilmeier, Manager of ADR Services, American Arbitration Association, Telephone: $59-490- 1862, Email: JenNilmeier@adr org) of USADA whether he intends to.do so in person, by teleconference oF by videoconference, 20. The Scheduling Order directed that “[sJhould Dr. Leinders intend to submit any documentary evidence in his defense, he must do so in accordance with the schedule set forth " OnJuly 7, 2014, the Panel issued a Revised Scheduling Order rescheduling, at USADA’s request the Dearing for August 12-13, 2014below.” The Scheduling Order set an August 4, 2014 deadline for pre-hearing submissions, and specifically requested that pre-hearing submissions inch, “a statement addressing USADA's juristition to pursue, and this Panes authority to impose, a sanction against Dr. Leindes,” and “a.tatement ofthe facts and legal authorities supporting the party's position on the merits” 21, On August 4, 2014, USADA submited to the Pane! its pre-hearing bret, exhbis and witness disclosures (including a detailed summary ofthe expected testimony of each ofits witnesses) and provided copies to Mr, Maeschalck, Dr. Leinders didnot submit a pre-hearing bwiefor any evidence in his defense 22, On August 4, 2014, USADA also sent a letter to Mr. Maeschalck requesting that Dr Leinders testify in person or telephonically atthe hearing, and further stated In the event that Dr. Leinders fails to appear in person or telephonically at the hearing in order to answer questions from USADA or the hearing panel, please be advised that USADA will request that the hearing panel draw an adverse inference against Dr Linders based on his refusal to appear and to answer as provided 23, By letter dated August 8, 2014, Mr. Maeschalck responded to USADA’s request [As mentioned in previous correspondence Dr. Leinders did not sive us any mandate to represent him in the United States of ‘America. In Belgium a lawyer needs a mandate for each specific ‘Therefore a personal notification to Dr. Leinders is a necessity to continue any procedure. ‘Therefore I can’t accept your request through me that Dr, Leinders appear at any upcoming hearing, either in person or telephonically. You have to send your correspondence directly towards Dr. Leinders Furthermore 1 can't forward any contact information for Dr Leinders as this is prohibited by the Belgian deontological code and the privacy rules. Dr. Leinders is our client in a Belgian caseand by no means, I can give such confidential information obtained because of a procedure to any third party without any legal justification If you want to obtain such information you will have to ask public authorities in Belgium to give such information > 24, The hearing was held in Washington, D.C. on August 12,2014. Neither Dr Leinders nor any representative on his behalf participated in the hearing 25. tthe outset ofthe hearing, the Chair ofthe Panel after setting forth the procedural history ofthis mate, stated for the record that “[gliven that Mr. Maeschale’s law fm initiated this arbietion on Dr. Lenders’ behalf and repeatedly refered to Dr. Lenders as his client init intial correspondence with USADA, the Pane finds its service of papers and notices on Dr. Leinders through Mr. Maeschalck’s law firm is fir, reasonable and appropriate” under Rule 36 ofthe AAA Supplementary Procedures for the Arbitration of Anti-Doping Rule Violations. Further, “t]he Panel concludes that pursuant to Rule 26 that Dr. Leinders has been provided due notice ofthis abiteation andthe Panel intends to proceed in his absence.” 26, The Panel received imo evidence all exhibits tendered by USADA and stated tht it would give thse exhibits such weight as it deemed appropriate after hearing al the evidence 27. Atte hearing, USADA presented lve testimony, by means of videoconference, ofthe following witnesses: Michael Rasmussen, Levi Laipheimer, Jack Robertson, Steven Teitler, Dr. Yorck Olaf Schumacher and Dr. Larry Bowers 2 ‘The Panel notes that Mr, Maeschalck did not assert that Belgian law would in any way preven him fom forwarding to Dr. Leiners, who appaently remains hi lint i other matter, ll communications in this matter that have been sent by USADA and the PanelIV. TESTIMONY PRESENTED AT THE HEARING” A. MICHAEL RASMUSSEN 28. Michael Rasmussen provided sworn testimony on behalf of USADA pursuant to 8 cooperation agreement he entered into on January 25, 2013, In tha agreement, Mr. Rasmussen scmitted to using banned performance enhancing substances and methods including EPO, testosterone, blood transfusions and cortisone fom 1998 tthe dat ofthe agreement, Pursuant tothe agreement, Mr Rasmussen undertook o provide tnuful testimony regarding al ani- oping rule violations commited by other cyclists, team directors, managers, doctors and/or ‘other team personnel, of which he has knowledge, in exchange for 875% reduction of what otherwise would have been an eight-year period of ineligibility for his admited a violations 29. Mr. Rasmussen was a professional eyclist from 2001-2013, riding for CSC- Tiscali (2001-2003), Rabobank (2003-2007), Tecos de la Universidad Autonoma de Guadalaiara (2009), Miche (2010), and Christina Watches-Onfone (2011-2013). 30, Mr Rasmussen testified that he was approached to join Rabobank in 2002 atthe ‘Tour of Lombardy. Mr. Rasmussen described a conversation he hed with Rabobank representatives Theo De Rooij and Dr. Lenders in which they discussed Rasmussen's withdrawal from a ace because ofa high hematocrit level caused by EPO use. De Roo told Rasmussen tat such a situation “would not happen on Rabobank because they would take good care of [him]; “alsa team they would make sure that it would not happen and De. Leinders > In connection wit ts post-bearing submissions, USADA has submitted a Motion for Pane to Designate the Kevised Transcript as the Oficial Kecord ofthe Proceedings. USADA'S motion i hereby GRANTED, and the Panel designates the revised transcript as theofficial record ofthe August 12,2014 hearingbeing the main [person] responsible forthe medical team he would have been the one taking care ofthat problem.” Rasmussen testified tat Rabobank was aware he was using EPO “and it was ‘ot grounds for any concern.” 31, Mr Rasmussen joined Rabobank in January 2003. 32, 1n 2003, Mr. Rasmussen discused the use of EPO and other performance enhancing drug with Dr, Leinders, including quantities to take and when to take them to avoid detection during doping control texts 33. Mr Rasmussen testified that Dr Leinders assisted hm with the use of insulin {om 2003-2008. Rasmussen testified that Dr. Lenders kept insulin on the teem bus during the 2003 Vuela a Expata and the 2004 and 2005 Tours de France, and while Lenders was concemed about binging insulin into France, one of Rabobank’s public relations managers was abet “[so, he fl that he could justify having tin the bus” Rasmussen stated that approximately 8-10 nits of insulin were delivered to him ina syringe each night before diner during those aces, and that Dr. Lenders specifically discussed with him the rik of diabetic shock associated with inulin use 34, After the 2008 Vuelta, Dr. Leinders and Me. Rasmussen discussed the possiilty of Rasmussen receiving a homologous blood transfson from a family member, Rasmussen tested that Dr, Leinders gave him an academic article on homologous blood transfusions (ubmied as Exhibit 1) and told him that Michal Booger, another Rabobank cyclist, had received such a transfusion from his brother during the 2002 Tour de France.35. In 2004, Dr. Leinders extracted a sample of Mr, Rasmussen's father's blood for purposes of determining whether he could serve as a donor for transfusions.* The test revealed that Rasmussen's father’s blood was not compatible so they did not proceed withthe transfusion 36, Instead, Mr. Rasmussen testified that he proceeded with an autologous blood transfusion, ie. the process of having his own blood withdrawn for later e-infusion into his body. Rasmussen stated that he had his blood extracted in June 2004, courieed from his home in Italy to Dr. Leinders in Belgium, and re-infused by Dr. Leindrs on the evening ofthe second stage of the Tour de France in July of 2006, 37. After the 2004 Tour de France, Rasmussen testified that teammate Michael Boogerd tod him that Dr. Leinders ha advised Boogerd to take 4000 units of EPO two times/day fortwo days to recover from the Tour de France in preparation forthe Classic Sebastian and Olympic Games which followed shorty thereafter. 38, Mr. Rasmussen testified that prio tothe 2005 Tour de France he again had blood ‘withdrawn and courered to Dr. Leinders in Germany for reinfusion during the Tour. Mi ‘Rasmussen confirmed that his normal hematocrit level is approximately 39 or 40, and that his hematocrit level of 46 in July of 2005, as reflected in Exhibit 37, was a result of the blood transfsion 39, Mr Rasmussen state that it “was deftly (his) impresson” that other Rabobank riders were also receiving blood transfusions from Dr. Leinders at the 2005 Tour de France * USADA has submited the affidavit of Fis Johansen, Senior Consultant for Anti-Doping Denmark, sttesng that during a November 3, 2013 television interview, Fina Rasmussen, Michacl Rasmussen's ‘ther confirmed that he had met with Dr, Leindes who explained the process for a homologous blood ‘uansfsion, ie. withdravsing blood from Finn Rasmussen ahd later infusing it ito Michael Rasmussen Johansen also atterts that during the interviews, Fina Rasmussen stated that Dr. Lenders had told him tht ‘homologous blo transfusion “was common and not dangerous.”‘because Dr. Leindrs had told Rasmussen that “he had avery busy night and had other clients to take care of” Me. Rasmussen firther stated that he later learned that Sten Matschiner, an individual associated with the Human Plasma clinic in Austria, had brought blood bags tothe 2008 Tour de France fr use by cyclists Michael Boogerd and Denis Menchov.* 40. Mr- Rasmussen tested that on the first rest day of the 200 Tour de France, UCI informed Rabobank that Rasmussen's doping contol text had shown a very low reticulocyte count, suggesting improper blood manipulation through blood transfusions, and tht Dr. Leinders hhad met with Mario Zorzol, chief of the UCI medical commission, to discuss the issue. After his meting wth Zorzl, Dr. Leinders told Rasmussen that “Rabobank was 8 team that had “butter on its head. meaning tht al the problems, doping related problems the eam had, ‘would slide off And he called me now the most protected ier inthe race.” 41. Mr Rasmussen also testified that later during the 2005 Tour, Dr. Leinders pave him a subcutaneous injection that increased his luteinizing hormone ("LH") level. Rasmussen testified that a random doping control tet reflected that his LH value after the injection was approximately 20X higher than it had been one week earlier, as reflected in Exhibit 44 42, Mr Rasmussen further tested that he spoke to Dr. Leinders after the 2005 Tour de France about receiving additonal assistance with blood transfusions, Dr. Lenders suggested that Rasmussen contact Michael Boogerd abou! the Human Plasma clinic because the clinic had the capabilities to extract mukiple blood bags and store those bags for extended periods of time before re-infusion, An investigation of the Human Plasma clinic conducted by the Public Prosecutor's Office of Vienna revealed thatthe Human Plasma clinic began offering blood doping services to athletes beginning in 200 at the request of Walter Mayer, an Austrian cross-country skiing caach, See Exhibit 5643. Mr. Rasmussen testified that he visited the Human Plasme clinic four times from late 2005-early 2006 to have blood extracted and stored, Rasmussen stated that once he was connected to the Human Plasma clinic through Michael Boogerd, “Dr, Leinders, he was ‘informed occasionally when I had been there but he was not directly involved in the planning,” 44, Mr. Rasmussen testified that in either 2004 or 2008, Dr. Leinders told him that Mario Zorzoli recommended that Leinders give Rabobank riders DHEA because “all the other teams are doing it as well” Rasmussen further testified that up until the 2005 Tour of Germany, Dr. Leinders periodically provided him with DHEA. 45. Mr, Rasmussen testified that he had two blood bags delivered to him by Stefan Matschiner from the Human Plasma clinic during the 2006 Tour de France, and that Dr. Van Manigem, another doctor for team Rabobank, was aware Rasmussen was using blood bags during the Tour, Rasmussen further stated that while Dr. Leinders was not present atthe 2006 Tour, he assumed Dr. Leinders knew he was using blood bags because Dr. Van Mantgem and Dr, Leinders were in daily contact. 46, Mr. Rasmussen explained that when the Human Plasma clinic ceased its involvement in the blood doping business, he, slong with Matschiner ard two other athletes, purchased the clinic's blood transfusion equipment. Rasmussen testified that he informed Dr. Leinders ofthe purchase. 47. ‘Mr. Rasmussen stated that during the 2007 Giro d’talia and in preparation forthe 2007 Tour de France, Dr. Leinders, at Rasmussen's request, used Rabobank’s Sysmex machine, the same machine used by UCT for doping control tests, to analyze the impact of Rasmussen infusing two blood bags during a stage race. R48. During the 2007 Tour de France, Rasmussen had two blood bags infused by Matschiner under the supervision of Dr. Van Mantgem. Dr. Leinders was not present during the 2007 Tour de France, and Rasmussen testified that Leinders “was not directly or indirectly involved in any of the transfusions in 2007. He knew that they would take place but that was about it™ 49. Mr. Rasmussen also testified that during his entre tenure with Rabobank, Dr. Leinders and other team doctors provided him with medical centficates for contsone (see, €, Exhibit 42), which they administered through intramuscular injection, although he had no legitimate medical need for cortisone, 50, Mr. Rasmussen further stated that throughout his time on Rabotank, the Rabobank doctors would provide him and other riders with testosterone pill, and that Dr. LLeinders had told Rasmussen that he had the pills made ata pharmacy in Belgium for the Rabobank team. Rasmussen further stated that Dr. Leinders kept the pills in a canister labelled ‘A-Zinc, a common vitamin in Holland, to prevent detection. B. LEVILEIPHEIMER SI. Levi Leipheimer provided sworn testimony on behalf of USADA pursuant to @ cooperation agreement he entered into on May 31, 2012. In that agreement, Mr. Leipheimer admitted to anti-doping rule violations for his use of banned performance enhancing substances and methods over a period of more than eight years. Pursuant to the agreement, Mr. Leipheimer undertook to provide trthful testimony regarding all anti-doping rule violations committed by Mr. Rasmussen further clarified that forthe 2007 Tour de France, "he had made an agreement with ‘Jean-Paul Van Mantgem that he could bring approximately ten half iter bags of saline that I could have injected inthe morning of the stages to keep the blood values stable forthe UCI tests” but “hat had nothing todo with Dr. Leinders.”other cyclists, team directors, managers, doctors and/or other team personnel, of which he has knowledge, in exchange fora 75% reduction of what otherwise would have been a two-year period of ineligibility. USADA also submited Mr. Leipheimer’s sworn afidavit from a prior proceeding 52. Mr. Leipheimer was a professional cyclist fom 1997-2012, riding for Rabobank from January 2002-August 2004 53. Mr. Leipheimer testified that the first date on which he told any anti-doping organization of Dr. Leinders’ involvement in doping was on June 22,2012, during an interview with USADA in connection withthe U.S, Postal Service eam investigation. 54. Me Leipheimer testified that during hs first tring camp with Rabobank in January 2002 Dr. Lenders asked about his experience wih performance enhancing drugs, Mr. Leiphsimer told Dr, Leinders that he previously had used EPO and testosterone 58. In preparation forthe 2002 Tour de France, Mr. Leipheimer discussed and planned his use of EPO with Dr. Leinders. 56, Mr Leipheimer tested that during the 2002 Tour, Dr. Leinders provided him with tstosterone/A-Zine tablets as well as cortisone for which he had no legitimate medical need. 57. Similarly, in preparation forthe 2003 Tour de France, Mr. Leipheimer discussed and planned his use of EPO with Dr. Leinders, Me, Leipheimer was injured onthe first day, however, and thus dd not complete the race. 58. Mr. Leipheimer further testified tat prior othe 2003 Vueta a Espata, Dr Leinders suggested that he receive a homologous blood transfusion fom his brother. After a ‘ood test confirmed that Mr Leipheimer’sand his brother's blood types matched, Dr, Leinders performed the blood transfusion for Mr. Leipheimer, Mr. Leipheimer testified that Dr. Leinders 4advised against additional blood transfusions in 2004 because WADA had developed atest for detecting homologous blood transfusions. 59, Mr Leipheimer also testified that prior to and/or during the 2003 Vuelta a Espana, he used EPO and testosteronelA-Zine. 00, Mr. Lespheimer tested that n 2004 he purchased KPO from Dr, Leinders, but could not recall exactly when in 2004 that transaction occurred. Mr. Leipheimer further testified that he used the EPO under Dr. Leinders’ supervision up until five days bsfore the Tour de France, which began on July 3, 2004, 61. Mr Leipheimer stated that Dr. Leinders also provided him with testosterone/A- Zinc during the 2004 Tour de France C. JACK ROBERTSON 62. Mr. Robertson, chief investigative officer for WADA, testified that he was present at a March 22, 2013 interview of Stefan Matschiner conducted jointly by WADA, USADA and the Netherlands Anti-Doping Agency (“NAD”), and USADA has submitted his notes from that imerview with its post-hearing submissions.” According to Mr. Robertson, the information provided by Mr. Matschiner atthe interview was consistent with police reports WADA had received regarding the Human Plasma clinic, as well asthe testimony Michael Rasmussen had provided to WADA. 63, Atte interview, Matschiner stated that he frst became involved with the Human Plasma clini in 2004 through Walter Mayer, an Austrian cross-country sti coach who organized ” Mr. Matschiner previously had cooperated in the investigation of Dr. Leindes, but was mo longer cooperating atthe ime ofthe hearng and declined to testy. 1s