the riders get a pass, even tho all those riders knew that to whatever degree USPS was being defrauded by lance, it was being defrauded by them as well.
This is the part of the story I've never understood. Even before Nowitsky (sp?) dropped the federal case against Armstrong. Where exactly was the fraud that the USPS suffered?
I went and looked up a legal definition of fraud and found this (emphasis added by me):
Quote:A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.
Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.
Admittedly, this is just me googling a legal term so maybe a real lawyer is going to say that's all wrong. But I have to believe that any charge of fraud requires some allegation of injury. So what is the injury that USPS or the US Government is supposed to have suffered as a result of the cycling team doping?
What did they pay the team for? Good publicity by association as a sponsor. And what did they get for their money? Exactly that: Good publicity by association as a sponsor. (One wonders why the USPS would need publicity of any kind but so be it).
So now, years, 9 years after their sponsorship ended and drug use is admitted, does anyone believe that the US Postal Service is somehow going to suffer injury of any kind? Is anyone out there not going to buy a stamp because Lance Armstrong doped? Ridiculous.
I don't see an injury aspect at all short of hurt feelings.