USA Law and Practice Contributed by: Irwin A. Kishner, Daniel A. Etna, Joel Wagman and Barry Werbin, Herrick, Feinstein LLP
1. Regulatory 1.1 Anti-Doping
determined that it was not in a position to chal - lenge the contamination scenario. The decision by the US government to subsequently open a criminal investigation after WADA concluded its own review flamed tensions between WADA and the US Anti-Doping Agency (USADA). WADA Since 2004, WADA has published an annual list of prohibited substances and methods (the Pro - hibited List), which is updated at least annually, with the new list taking effect on 1 January of each year. The list identifies the substances and methods prohibited in and out of competition, and for particular sports. The list is divided into two sets of substances and methods: • those that are prohibited at all times (includ - ing but not limited to): (a) substances such as hormones, anabolics, EPO, beta-2 agonists, masking agents and diuretics, and any pharmacologi - cal substance not currently approved for human therapeutic use; and (b) methods such as blood transfusion or manipulation, gene editing or intravenous injections in some situations; • those that are prohibited only in competition, including but not limited to stimulants, mari - juana, narcotics, glucocorticosteroids, and, in particular sports, beta-blockers. A substance or method can be added to the Prohibited List if it is deemed to meet two of the following three criteria: • it has the potential to enhance or enhances sporting performance; • use of the substance or method represents an actual or potential health risk to the ath - lete; and
Doping is a criminal offence in the USA. The Rodchenkov Act enables US authorities to pur - sue criminal penalties against those involved in doping conspiracies at international events involving American athletes, sponsors or broad - casters. The Rodchenkov Act gives prosecutors the power to seek fines of up to USD1 million and prison time of up to ten years, as well as restitution to victims. Eric Lira, “naturopathic” therapist, was the first person charged under the Rodchenkov Act. Lira was charged by the Department of Justice (DOJ) with obtaining and distributing various perfor - mance-enhancing drugs to athletes in advance of the 2020 Olympic Games in Tokyo – which convened in the summer of 2021. The case was investigated by the FBI’s Integrity in Sports and Gaming Initiative. Lira pleaded guilty in May 2023 and was sentenced on 21 February 2024. Although the maximum term of imprisonment under the Rodchenkov Act is ten years, Lira was only sentenced to three months’ imprisonment and one year of probation. Lira also forfeited the USD16,410 that he received in connection with the violation. In December 2023, two track and field coaches, O’Neil Wright and Dewayne Bar - rett, were charged as Lira’s co-conspirators. The US government also opened a criminal investigation into a case involving 23 Chinese swimmers who tested positive for a banned substance in 2021. The swimmers were allowed to continue competing and won medals in the Tokyo Olympics after they were cleared by a Chinese investigation that concluded they were inadvertently exposed to the drug through contamination. The World Anti-Doping Agency (WADA) had previously reviewed the case and
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