Bruce Zaccaria continues to be  improperly detained without bail in the Joe Corley Detention Facility after his arrest in the Texas steroid bust codenamed Operation Pharmacia Juicy Fruit according to his lawyer Trent Gaither. Zaccaria was charged with one count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” with a maximum penalty of up to 5 years in prison.

The United States Magistrate Judge Calvin Botley refused to release Zaccaria on bail due to ”clear and convincing evidence exists” that he is a ”danger to the community”. Magistrate Botley further stated that “no conditions or combination of conditions… would secure the safety of the community” if Zaccaria is released.

 The sole stated reason for Bruce Zaccaria’s detention was based on the allegation that he bought and distributed approximately 250 vials of anabolic steroids to bodybuilders who were members at 24 Hour Fitness. Who knew that steroid-using bodybuilders made 24 Hour Fitness, or any commercial gym for that matter, so dangerous for the community at large?

Attorney R. Trent Gaither suggests that the government may have arbitrarily and capriciously, in violation of the Bail Reform Act, detained Zaccaria while inexplicably releasing most of his co-defendants indicted on similar, multiple or much more serious charges, including those who sold more dangerous drugs such as MDMA and hydrocodone .

As of this writing, Zaccaria is one of only five who have not been released on bond of some sort. For example, Charles Brock Falkenhagen is charged in 44 counts, including at least four different kinds of drugs, with exposure of well over ten years. Yet, he has been released on a $75,000 unsecured bond. Several of those charged with counts subject to ten or twenty years are likewise released on unsecured bonds. There was no evidence presented that would distinguish Zaccaria as being inherently more dangerous than the co-defendants, especially those charged with more serious crimes, subject to greater prison exposure, or who were more actively involved.

Disparity is an issue at sentencing, and should be a factor to consider in pre-trial detention. Upon what theory is lodged and explained the notion that the alleged kingpin of the organization, who arguably is subject to about 500 years in prison, less dangerous than one whose maximum exposure is 5 years? This is, of course, not limited to just Falkenhagen. One can go down the list and easily come to the Alice in Wonderland-ish conclusion that the defendant who has among the least exposure is somehow considered by the government to be the most dangerous, and the individual who has, under the government theory, demonstrated his capacity for all kinds of evil doings, yet is apparently not all that dangerous.. 

Bruce Zaccaria was one of FOUR defendants ONLY charged with ONE count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the 46 count Falkenhagen indictment. The other three co-defendants facing identical steroid-related charges are NPC Texas Chairman Lee Thompson, NPC bodybuilder Bryan Barth, and NPC bodybuilder Brandon George. Thompson was quickly released on $50,000 unsecured bond and Barth and George were each promptly released on $75,000 unsecured bond. They remain free while awaiting trial.

Bruce Zaccaria’s pre-trial detention (based on “danger to community” concerns) appears even more arbitrary and capricious when compared to the court’s pre-trial treatment of co-defendant Lee Thompson who faces an identical charge. The government presented no evidence or allegation that Zaccaria was involved with any illegal drugs since the conclusion of the conspiracy period in September 2007. He was detained nonetheless.

Meanwhile, Thompson was immediately released on a $50,000 unsecured bond despite purported evidence of “large quantities of different types of anabolic steroids” in his possession when he was arrested. Prosecutors subsequently offered this as proof that ”he had not discontinued his use of illegal drugs between the “end” of the charged conspiracy period and his recent arrest”. In glaring contrast to Zaccaria, Thompson was not considered a “danger to society”. U.S. District Judge Lynn Hughes, in opposition to federal prosecutors’ argument that Thompson was a significant “flight risk”, even saw it reasonable to allow the temporary return of his passport so Thompson could get married and honeymoon in the Carribean this summer.

Bruce Zaccaria will remain detained at the Joe Corley Detention Facility while Lee Thompson will honeymoon in the Carribean over the Fourth of July weekend. Yet each awaits trial on one count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the same Houston federal courthouse.

Trent Gaither, Zaccaria’s attorney, was “mystified” by the detention order. Gaither acknowledged that Zaccaria’s criminal history included two DUI convictions in 2008. Gaither noted that Magistrate Botley signaled they would not be a determining factor in the detention. Even as a consideration, Zaccaria’s past problems with alcohol “do not rise to the level of convincing evidence that he is a danger”. Zaccaria’s pre-trial detention and “danger to society”  was solely based upon his purchasing and distribution of anabolic steroids at a local gym.

Trent Gaither, on behalf of his clients, has filed a motion requesting the Court rescrind the detention order and release Zaccaria on unsecured bond. He argued that the unjustified detention of Bruce Zaccaria not only results in the loss of personal freedom and income that compromises the preparation of his defense but also that unnecessary detention is a waste of significant taxpayer resources.

Defense attorney Gaither’s reference to Alice in Wonderland refers to Lewis Carroll’s sardonic view of the legal process by the Wonderland Court.  

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Texas Steroid Bust Defendant Improperly Detained by Alice in Wonderland Court

NPC Texas Chairman Lee Thompson was found in possession of “large quantities of different types of anabolic steroids” when he was arrested on May 25, 2009 according to federal prosecutors. Fort Bend County Sheriff Deputies arrested Thompson after a federal grand jury indicted him on steroid conspiracy charges for his alleged involvement with the “Falkenhagen” group.

Chris Downey, the attorney for Lee Thompson, dismissed the government’s characterization of the “large quantities” of steroids in his client’s possession as inappropriate. Downey argued that the quantity of steroids found was “consistent with personal use” IF all the steroids that were expired and therefore unsuitable for use were EXCLUDED.

The Government has alleged that the defendant was in possession of “large quantities” of anabolic steroids at the time of his arrest. While defendant has not yet completed the process of discovery in this matter, defendant has a good faith reason to believe that a review of the substances to which the government refers would reveal that some of the items were not suitable for use as they had expired. Furthermore, the quantity remaining would constitute an amount consistent with personal use and is not properly characterized as “large quantities”.

The new details in the Lee Thompson case were made public when Downey requested permission for his client to travel outside the United States. Thompson and his fiancee had made extensive plans for their wedding on the Carribbean island of St. Lucia on July 4, 2009. However, as a condition of Thompson’s release on a $50,000 unsecured bond, Thompson had to surrender his passport and was prohibited from traveling outside the United States.

Prior to Mr. Thompson’s arrest, he became engaged and had made extensive arrangements to be married on July 4, 2009 on the Carribbean island of St. Lucia. His planned itinerary calls for airline travel from Houston on June 30, 2009 and returning from St. Lucia on July 7, 2009. Prior to his arrest, Mr. Thompson expended more than $15,000.00 in preparation for this event.

Mr. Thompson owns his residence in Sugarland, Texas and has been a resident of Texas for eighteen (18) years. He is gainfully employed as an environmental consultant for the Pepsi Company and is the owner of several local businesses. Mr. Thompson is also the father of five children who also reside in Sugarland. He expects his first grandchild to be born in Sugarland on July 18, 2009 and had previously planned the dates of his wedding to allow for his presence at the birth of his granddaughter. Defendant respectfully submits he does not pose a flight risk to the Court.

United States Attorney Tim Johnson and Assistant United States Attorney Martha Minnis remain unconvinced and are adamantly opposed Lee Thompson’s request to get married in St. Lucia. Fedeal prosecutors believe he is a significant flight risk while pending trial on a charge of “conspiracy to possess with intent to distribute anabolic steroids.”

When the defendant was arrested May 25, 2009, he had large quantities of different types of anabolic steroids in his possession. Clearly, he had not discontinued his use of illegal drugs between the “end” of the charged conspiracy period and his recent arrest. He is not a good risk for travel outside the United States while pending trial in this matter.

The good news for Lee Thompson and his fiancee is that U.S. District Judge Lynn Hughes saw it reasonable to allow the temporary return of his passport so that they can get married in St. Lucia on the Fourth of July.

U.S. Attorney Johnson and company will hope to have better luck when trying to keeping some of Thompson’s co-defendants in jail pending trial by convincing the judge that buying and selling steroids represents a “danger to the community.”

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NPC Texas Chairman Lee Thompson Arrested in Possession of Large Quantities of Anabolic Steroids

Anabolic steroid possession for personal use is not criminalized in the Republic of Ireland but steroid trafficking is illegal. Michael Kehoe of Ireland, a successful entrepreneur in the local fitness industry, was fined €9,000 after he pleaded guilty to three counts of “supplying a medicinal substance other than as prescribed” in June 2009; Kehoe was busted in possession of almost 80,000 tablets including several different types of anabolic steroids, ephedrine and clenbuterol (aka “angel dust”) over five years earlier on March 25 2004. Kehoe discussed his past involvement with steroids and bodybuilding yesterday on Boards.ie under the handle “MickK”.

I was big into bodybuilding when I was alot younger, I have talked openly about it on boards a few times in the past. I regrettably started taking steroids when I was 17 years old and this incident took place when I was 21 years old. I am 27 now and have thankfully built a business doing what I love. I think we all know what goes on in bodybuilding and I would obviously not condone cheating in sports but in bodybuilding they are not banned. Either way it is a long time in my past now.

Defense attorney Peter Keane attributed Kehoe’s to his involvement with a “culture of steroid abuse” arising from his struggles with muscle dysmorphia. Keane maintained that the steroids and bodybuilding drugs were intended for his client’s personal use rebutting Liam Wright of the Irish Medicines Board testimony that the steroids represented a “commercial quantity” likely intended for distribution to athletes in gyms and sporting leagues.

Michael Kehoe admitted that he occasionally shared steroids with his friends. Judge Pat McCartan believed Kehoe had learned his lesson and allowed him to escape with only a fine (”Businessman fined €6,000 for possession of steroid tablets,” June 26).

Almost 80,000 tablets were found consisting of six different types of steroids, including ‘Angel Dust’, ‘Pink Thai’ and ephedrine. [...]

Mr Wright said all these drugs were banned in Ireland and people usually sourced them illegally on the internet. Their total value was estimated at around €20,000.

Michael Kehoe had emerged as an successful and popular entrepreneur and businessman operating fitness-related businesses that sell sports nutrition supplements and fitness equipment in the years since his arrest on steroid charges in March 2004. He also ran a commercial gym prior to selling it in November 2008. Kehoe addressed the news of his plea agreement on the Boards.ie forums.

Thanks, it’s not something I am proud of but it’s not really something I am ashamed of either. I think cheating in sports is very very different to deciding to take substances which are allowed in a sport/competition. Not a single drop of alcohol or cigarette smoke has passed my lips since I was 17 years old to this day and if I choose to take steroids thats my right. They are not illegal to have or take btw, I took a step too far and went to thailand and stocked up on them for a while…

Steroid law in many countries does not criminalize the possession of anabolic steroids solely for personal use; steroid possession (even involving relatively large quantities of steroids) rarely results in jail time. Steroid distribution is even treated with much more leniency under the steroid laws of most other countries.

The United States has established a reputation at home and abroad for its relatively harsh steroid law enforcement policy. Federal and state prosecutors have been known to file steroid distribution charges against individuals involving as little as 10 Dianabol tablets, to throw foreign middle-aged tourists in jail who travel with 1-2 therapeutic dosages of steroids; and to target personal trainers, their clients and bodybuilders on felony steroid conspiracy charges for personal quantities of steroids used merely to improve their physical appearance. Defendants could face up to several years in prison if convicted.

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Fitness Industry Entrepreneur Fined for Possession of Large Quantities of Steroids in Ireland

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.

The Crown agreed to recommend the $1,000 fine because Mr. Satir entered a guilty plea at the first opportunity, co-operated with the authorities and has no criminal record.

Judge Bill MacDonald pointed out that it isn’t against the law in Canada to possess steroids but it is illegal to bring them into the country.

In return for the guilty plea, the Crown withdrew a charge of smuggling prohibited goods.

Dr. Satir has earned master and doctoral degrees in civil engineering and has had considerable success as a competitive bodybuilding winning the titles of Mr. Turkey and Mr. New Brunswick in national and international competition.

Mr. Satir won the title of Mr. Turkey as a junior bodybuilder and placed ninth and 15th at the world junior championships.

After becoming a Canadian citizen, Mr. Satir was named Mr. New Brunswick in 2005, when he won the heavyweight and overall titles at that province’s bodybuilding championships.

He finished fourth in the heavyweight division at the 2007 Canadian championships and fifth at the 2008 nationals.

Satir has founded two companies to reflect his professional interests as an engineer and his personal interests as a bodybuilder.

Fortunately, Canada does not see fit to incarcerate gainfully-employed, otherwise law-abiding white collar professional for mere steroid possession for bodybuilding purposes.

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Bodybuilder-Civil Engineer Fined for Importing Anabolic Steroids Into Canada

Florida law enforcement officials are clearly concerned  about the middle-aged European men on hormone replacement therapy. A 45-year old German national flying into the Southwest Florida International Airport was arrested on June 23, 2009 after federal agents discovered a therapeutic dosage of anabolic steroids in his luggage.

A United States Customs and Border Protection agent searched Francesco Gigliotti, of Cologne Germany, upon his arrival at the Florida airport. Lee County Port Authority reported that the customs agent discovered a single 2-mL vial of nandrolone decanoate and a 250-mg/ml ampoule of testosterone enanthate along with syringes and needles for two injections in his bag (”Man arrested for smuggling steroids into RSW,” June 24).

The small dosage of androgens for a middle-aged man traveling overseas from the European Union was clearly consistent with therapeutic use. U.S. Customs officials and Fort Lee County law enforcement are taking the threat of middle-aged men on hormone therapy flying into the United States from Europe very seriously.

Francesco Gigliotti faces five steroid-related FELONY charges including two counts of “Smuggling of Steroids and Testosterone,” two counts of “Possession of Steroids and Testosterone” and one count of “Possession of Drug Paraphernalia”. Gigliotti was arrested and thrown in the Lee County jail where he remained detained for at least 24 hours.

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Middle-Aged German Man on Hormone Replacement Therapy Arrested Flying Into Florida

Travis Tygart, CEO of the United States Anti-Doping Agency (USADA), urged the country’s attorneys general to start suing supplement companies using consumer protection laws. Tygart made his comments at the 2009 National Association of Attorneys General (NAAG) summer conference on June 17, 2009 in Colorado Springs. Tygart wants the attorneys general to take action at the state level to further the USADA’s agenda of preventing competitive athletes from using dietary supplements that are prohibited by their respective sports and/or the World Anti-Doping Agency (WADA) (”USADA chief urges states to act on supplements,” June 19).

“If consumers could run the land, I think federal regulations would change,” Tygart said. “The political reality is that, unfortunately, we have to assume they’re not going to change. But that doesn’t deter you (states) from taking action.” [...]

For the states, however, this is a relatively new issue. If they make a move, they’ll probably have to turn to consumer-protection statutes. They could also look at recovering expenses for government-paid health care costs for treatment of people who get sick from supplement use, much the way they did in lawsuits against tobacco companies.

Rick Collins and Alan Feldstein, representing the law firm Collins, McDonald and Gann, identified state attorneys general use of consumer protection laws as a potentially serious “minefield” facing supplement companies at the International Society of Sports Nutrition Conference (ISSN) on June 15, 2009. Sports nutrition companies who focus on products aimed at improving performance are particularly vulnerable to such state attorneys general actions.

The WADA Code of Prohibited Substances applies to far less than 1% of the general population, yet the USADA and WADA have aggressively lobbied governments around the world to modify their supplement and steroid laws to mirror the anti-doping agenda governing elite competitive athletes. As a result, hundreds of millions of consumers have been denied the freedom to choose various potentially beneficial dietary supplements and hormonal products in large part because they are banned for use by Olympic and other elite athletes. The overwhelming majority of dietary supplement consumers are NOT competitive athletes.

USADA CEO Tygart’s pressure on state attorneys general to sue supplement companies reflects his agency’s impatience with the slow pace in which the federal government is adopting new supplement legislation that reflect his agency’s prohibitionary view. Tygart apparently hopes to convince state attorneys general to exploit consumer protection laws to fight supplement companies via taxpayer-funder litigation.

Fortunately, the Colorado Attorney General John Suthers was somewhat dismissive of Tygart when he honestly admitted that few consumers ever complain about dietary supplements.

“We’re a complaint-driven organization and I have to admit, we’re not getting a high number of complaints at our office about mislabeled substances,” he said. “Whether we can muster the will to do something about it, I don’t know. But it’s a serious issue and I think we’ve got to look at it.”

Anti-doping agencies would prefer to lobby for changes in federal law and promote expensive litigation attacking the supplement industry rather than address the unfair and draconian nature of WADA’s strict liability principle.

The principle of strict liability holds athletes accountable for any positive doping result regardless of whether it was due to intentional doping or unintentional doping (e.g. contaminated supplements). The most expedient solution to this problem would be to modify the WADA code. Lobbying for changes in federal and international law and encouraging expensive and costly litigation funded by taxpayers to address the shortcomings in anti-doping enforcement is rather extreme if not absurd.

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USADA Travis Tygart Urges State Attorneys General to Sue Supplement Companies

The Calhoun-Cleburne County Drug and Violent Crime Task Force arrested three individuals after a six-month investigation into steroid distribution at Dynabody Fitness, a commercial gym in Oxford, Alabama. The task force seems to be taking advantage of federal funds to expand their traditional war on drugs to include anabolic steroids (”3 arrested in steroid bust at fitness gym,” June 18). 

Lt. Chris Roberson said Wednesday the owner, Cooper Freeman of Oxford, was arrested and charged with three counts of distribution of a controlled substance and several counts of possession of controlled substances.

Roberson said the gym manager, Billy Cole of Saks, was charged with criminal conspiracy to commit a controlled substance crime and possession of a controlled substance and Freeman’s wife, Amanda, was charged with possession of a controlled substance.

Alabama Governor Bob Riley awarded a $135,000 federally-funded grant to the Calhoun-Cleburne County Drug and Violent Crime Task Force on November 25, 2008 to help fund “undercover operations and investigations of drug dealers”.

The federal funds were made available through the Department of Justice thanks to H.R. 2764 (”Consolidated Appropriations Bill for Fiscal Year 2008″); Congressman Mike Rogers from Alabama characterized the funding as one of his top homeland security priorities for Eastern Alabama. However, Congressman Rogers seemed to think the funds would be used to rid the communities of methamphetamines instead of steroids.

It is unclear how steroids represent a threat to homeland security in spite of assertions by the United States Customs that steroids fund “terrorism, death, and addiction around the world”.

Alabama Governor Riley justified the grant due to the direct relationship between drugs and violent crime; but it seems unlikely that Governor Riley had steroids in mind when he awarded the grant (”Riley Awards Grant to Fight Drugs in Calhoun, Cleburne Counties,” November 25, 2008).

“In many cases, violent crime is directly related to drugs,” said Riley. “I commend the members of this task force for their efforts to apprehend and prosecute drug offenders and keep the region safe for law-abiding residents.”

Governor Riley may not have intended for his drug war rhetoric to apply to anabolic steroids, but law enforcement agencies are regrettably increasingly treating steroid use and distribution as equivalent to traditional drugs of abuse like cocaine, heroin and ecstasy. It is unclear how targeting steroid use at commercial gyms and fitness centers leads to safer communities.

The Calhoun-Cleburne County Drug Task Force had previously arrested a paramedic for buying steroids over the Internet in their efforts to make the community safer back in 2005. Donald Neil Cofer of Oxford was charged with “unlawful receipt of a controlled substance” and “possession of drug paraphernalia”.

Cofer was the former director of Emergency Medical Services in Cleburne County and an instructor at Gadsden State Community College who volunteered his time to represent Cleburne County Emergency Services at Cleburne County High School football games. The community of Oxford presumably became a safer place after Cofer was fired from these positions.

The Calhoun-Cleburne County Drug and Violent Crime Task Force has used an interesting analogy to elicit help from the community in their war against drugs that include Schedule III controlled substances such as anabolic steroids.

Without your assistance and information, that a drug dealer has moved into your neighborhood it is like a cancer to the community, bringing the wrong element around you and your family. Without you getting involved, the cancer spreads to a second residence, then a third.

The law-abiding citizens of Oxford must be proud that the cancer known as Dynabody Fitness has been busted with the help of taxpaying citizens around the country.

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Dynabody Fitness Steroid Bust by Calhoun-Cleburne County Drug Task Force

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 (”Bodybuilders face steroid-sales charges,” May 31).

Steel says he is frustrated and concerned at this, and is keen to start testing bodybuilders again. He is particularly concerned that bodybuilding is now a “supply network” that feeds steroids into more mainstream sports codes.

“We have no doubt that the source of drugs for other athletes is likely to come through people who are importing as part of their bodybuilding regimes.”

DFSNZ’s Graeme Steel publicly criticized the IFBB-affiliated New Zealand Federation of Bodybuilders (NZFBB) and NABBA New Zealand for their failure to drug test bodybuilders. Steel wants the NZFBB and NABBA to implement steroid testing presumably to disrupt to alleged “supply network” that feeds mainstream sports.

Drug Free Sport NZ points out that steroid use was common among competitive bodybuilders when the NZFBB last conducted steroid testing over three years ago. Steel is upset that DFSNZ lacks the authority to investigate or suspend bodybuilders who use steroids.

…Steel says, about 30 percent of all infractions (failed tests or refusals) came from bodybuilders, although they made up just 5 percent of all sportspeople tested.

Now, bodybuilders are free to use steroids to boost their performance without fear of being banned from competition – or investigated by DFSNZ.

Contrary to the popular opinion, the typical anabolic steroid user is not a pro and/or competitive athletes but rather an individual merely seeking to improve their muscle size and/or physical appearance.

The legal cases of Marc Rainbow and Andrew Lent are unrelated and being tried separately in the Auckland District Court and Waitakere District Court, respectively. The only relationship is the fact that they are both bodybuilders – Andrew Lent is an active amateur bodybuilder and Marc Rainbow is a retired professional bodybuilder planning a comeback to the competitive stage. Both bodybuilders are contesting the allegations levelled by the New Zealand Medicines and Medical Devices Safety Authority (NZ MEDSAFE).

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IFBB Pro Marc Rainbow Arrest Prompts Concern Bodybuilding is Steroid Supply Network for Mainstream Sports

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 (”Two plead guilty in steroid inquiry,” June 7).

The inquiry steadily became more intensive since it began in December 2007, Surber said, noting that the probe is ongoing and likely will result in more arrests.

“It’s been very difficult for me to estimate when this investigation is going to end,” he said.

Tom Burke was originally charged with “conspiracy to distribute controlled drugs”, “unlawful possession of controlled drug “, and “unlawful possession of drug paraphernalia” by the Tulsa County District Attorney. As part of the plea agreement, the State of Oklahoma agreed to dismiss the steroid possession and steroid paraphernalia charges.

Burke pleaded guilty to a felony conspiracy charge during a court appearance Thursday and was sentenced to two years of probation. Two lesser charges were thrown out in the plea deal, court documents indicate.

The Oklahoma steroid investigation into competitive bodybuilding has resulted in two guilty pleas thus far with court cases pending for four other competitive bodybuilders.

NPC bodybuilder Tom Burke pleaded guilty to State Court criminal FELONY charge of “conspiracy to distribute controlled drugs” and received a deferred sentence of two years probation on June 4, 2009.

NPC bodybuilder Chris Waid pleaded guilty to State Court criminal MISDEMEANOR charges of ”unlawful possession of controlled drug” and “unlawful possession of drug paraphernalia” and received deferred sentence of two years probation on May 28, 2009.

NPC bodybuilder Darrell Terrell faces State Court criminal MISDEMEANOR charges of “possession of controlled dangerous drug / testosterone propionate” and “possession of drug paraphernalia”; his court case is pending.

NPC bodybuilder Trudy Ireland-Kline faces State Court criminal MISDEMEANOR charges of “unlawful possession of controlled drug” and “unlawful possession of drug paraphernalia”; her court case is pending.

IFBB pro bodybuilder Sherry Smith faces State Court criminal MISDEMEANOR charges of “possession of controlled dangerous drug / stanozolol” and “possession of drug paraphernalia”; her court case is pending.

IFBB pro bodybuilder Guy Ducasse faces Federal Court criminal FELONY charges of “possessing with intent to distribute or distributing a Schedule III controlled substance” and “tampering with a witness, victim, or informant”; his court case is pending.

The aggressive targeting of Oklahoma bodybuilding gives all the appearances of a steroid witch-hunt. Most of the competitive bodybuilders prosecuted by the State of Oklahoma will likely avoid jail time and ultimately avoid conviction (upon the successful completion of deferred sentences). The purpose of prosecuting these gainfully-employed and productive members of society is unclear; the wasteful allocation of taxpayer resources accomplishes little more than to inconvenience the lives of these bodybuilders and subject them to the public stigma of steroid use.

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NPC Bodybuilder and Promoter Tom Burke Pleads Guilty to Steroid Conspiracy Charges

NPC Texas Chairman and IFBB Judge Lee Thompson was indicted on anabolic steroid conspiracy charges by a federal grand jury on April 30, 2009 in United States District Court for the South District of Texas. Court documents confirm the rumors that Timothy Lee Thompson aka Lee Thompson was one of the individuals facing federal charges in the Operation Farmacia de Juicy Phruit drug bust led by the Fort Bend County Sheriff’s Department and the DEA. Lee Thompson was charged with one count of “conspiracy to manufacture and possess with the intent to distribute a mixture or substance containing a detectable amount of anabolic steroids, a Schedule III controlled substance (21 USC 841(a)(1); 841(b)(1)(D); and 846)”. * He has pleaded not guilty to the charges and requested a jury trial.

Lee Thompson, the owner of One-2-One Training Centers in the Houston area, was previously publicly identified only as the “gym owner” arrested in the steroid bust. His identity was “unsealed” following his arrest. Lee Thompson is one of 22 co-defendants named along with Charles Brock Falkenhagen, the primary suspect in the investigation, in a superseding federal indictment. The superseding indictment included 46 counts involving the distribution of anabolic steroids, human growth hormone, hydrocodone, MDMA and money laundering. It is important to note that Thompson ONLY faces a single steroid conspiracy charge while Falkenhagen was named on each of the 46 counts.

Thompson was the third person arrested in the federal case; he appeared in court and was released on $50,000 unsecured bond the day prior to the highly-publicized execution of several dozen state and federal arrest warrants in steroid raids in the Houston area on May 27, 2009. Brock Falkenhagen and Richard Troy Daniell Jr. were arrested the previous week on May 20, 2009.

Lee Thompson’s indictment regardless of his guilt or innocence, is troubling news for competitive bodybuilding organizations including NPC Texas, NPC and the IFBB given his high-profile position within the organizations. The National Physique Committee (NPC) and International Federation of BodyBuilders (IFBB) may have hoped to have this information suppressed in their own self-interest. However, full disclosure is clearly in the best interests of personal trainers, fitness professionals, gym owners, contest promoters and others involved in the network of competitive bodybuilding . After all, they are most likely to be affected by the increasing attention by law enforcement to steroids in bodybuilding (especially in Texas). 

The immediate concern for the NPC and IFBB is the impact that Thompson’s legal problems will have on his promotion of the NPC Texas State Naturals Bodybuilding Championship (Jul. 18), NPC Texas State Bodybuilding Championships (Oct. 24) and IFBB Houston Pro Fitness/Figure/Bikini contest (Aug. 29).  Thompson’s legal issues could also potentially bring increased attention by law enforcement upon the bodybuilders competing at these contests especially since the aforementioned contests are all held in Fort Bend County. 

Recent steroid investigations in Oklahoma and Texas have shown that local law enforcement, with the cooperation of the DEA and other federal agencies, is willing to infiltrate loosely organized networks of competitive bodybuilders and prosecute bodybuilders for what amounts to little more than mere steroid possession. At present, the Operation Farmacia de Juicy Phruit steroid investigation reveals that state and federal law enforcement agencies are also engaged in targeting gym owners, personal trainers and their clients on steroid conspiracy and steroid possession charges. Gym owners and personal trainers who are asked by clients to “hook them up” with a local gym sources could open themselves up to conspiracy charges even though they have no direct involvement in the steroid dealing; this type of assistance is not uncommon in the bodybuilding community. Given the widespread use of anabolic steroids in competitive bodybuilding, gym owners and personal trainers that cater to this demographic may be at greater risk of scrutiny.

The single charge against Lee Thompson arises from his relationship with Brock Falkenhagen. It appears that Thompson had legitimate business relationships with Falkenhagen that may have involved the Smoothie Factory franchise(s) located in Sugar Land, Texas. The nature of the business relationship is unclear at this point. Some sources suggest that Thompson owned the franchises and Falkenhagen was simply employed by Thompson. It appears more likely that Falkenhagen and his wife were the owners although Thompson may have been an investor. The Fort Bend Chamber of Commerce identifies Brock Falkenhagen as the owner and Falkenhagen’s wife has identified herself as the owner on her MySpace page. Thompson appeared along with the Falkenhagen couple at the grand opening of the Smoothie Factory in Sugar Land. 

Lee Thompson’s relationship with Falkenhagen along with his high-profile involvement with NPC and IFBB bodybuilding appear to have made him vulnerable to investigation. Investigators may have targeted Thompson as the possible nexus between Brock Falkenhagen (steroid supply) and the competitive bodybuilding/commercial gyms (steroid demand). But the nature and strength of the evidence acquired to support the government’s theory of conspiracy in the case of Lee Thompson has not been made public.

Lee Thompson faces a penalty of “not more than twenty years imprisonment; and a fine not more than $250,000; and not more than two years supervised release; $100 special assessment.” He has retained local attorney Christopher Downey to represent him at trial. Jury selection and trial is set for July 21, 2009.

* Criminal complaints and indictments by a grand jury are accusatory in nature and should not be considered a determination of guilt. All defendants are considered innocent until proven otherwise in a court of law.

Post from: MESO-Rx Blog

Written by: Millard Baker | Twitter | FriendFeed | Facebook | E-mail

NPC Texas Chairman Lee Thompson Indicted on Federal Steroid Conspiracy Charges