- "Part 39. The agent surveillance previously referenced in this affidavit also resulted in the identification of Emeric Delczeg. Delczeg was observed spending several hours inside the offices of Balco Laboratories."
What was this all about? What were you doing for several hours inside the offices of Balco Laboratories?
That year, I had my two surgeries, a hernia surgery and a surgery to repair the tear of my triceps on my right hand. Inside Balco Labs, they have a gym, and I was doing my rehabilitation there. When you are doing rehabilitation in a regular gym with lots of people, you can't take a lot of time on machines. Plus I have my own workout system, and I was perfecting my workout system, which is going to be used in the movie 'No Pain, No Gain' coming out this year. Besides, I was also selling ZMA for my company Fitness Enterprises. When I came there to get some ZMA, I also did my workout there, as it was easier than going to the gym. It saved a lot of time then going back and forth from a gym.
- "40. In the aforementioned interview of Conte in the November 13, 1998, article of "Testosterone" magazine, detailed earlier in this affidavit, Conte states: "A few of the older athletes feel that GH (growth hormone) supplementation has helped them extend their competitive career. I know a pro bodybuilder named Emeric Delczeg who's 47 years of age who supplements with GH (growth hormone) and he maintains a level of 400 ng/nl. This is the level of a man 20 years younger."
Is this true, that you were taking growth hormones?
- "41. On November 10, 2002, I received information from San Mateo County Narcotics Task Force (NTF) agent Ed Barberini that NTF had received information from a confidential informant that Emeric Delczeg was a steroid supplier to Balco Laboratories. Agent Barberini has informed me that the confidential informant who provided this information has plead guilty to felony steroid distribution charges a few years ago. Since the guilty plea, the informant has been providing information to the NTF on other individuals associated with steroids in an attempt to earn a reduced sentence in his criminal case. Agent Barberini has informed me that due to the cooperation provided by the informant, he has not done any jail time for his steroid conviction. The informant has never been paid by the NTF. Agent Barnerini has informed me that the informant has been deemed a reliable informant."
Are you a steroid supplier to Balco?
- "42. The informant told NTF that Delczeg, who is Bulgarian, obtains steroids and other performance enhancing drugs from Europe and provides them to Balco in exchange for permission to sell a supplement on which Balco or its subsidiary. SNAC System Inc, owns licensing rights. In October 2002, the informant told NTF that Delczeg was in Europe to purchase steroids for Balco."
Interesting statement. First of all, I didn't know you were Bulgarian? Second, did you go to Europe in October 2002 to get steroids?
I am not Bulgarian, I am Hungarian. They probably got the Bulgarian part because I imported Tribestan from Bulgaria. And no, I did not go to Europe to get steroids in October 2002, nor ever sell them to Balco. I was in Europe then because I import products into the United States, and I had to go back and resign my exclusive contract with them there. It was a business trip. I also went back to revisit my family in Romania. I was born in Romania.
- "43. United States Custom Special Agent Matt Van Dyke was contacted regarding any Customs information on Delczeg. Special Agent Van Dyke provided me with information on Delczeg had a shipment of 25 ampules of steroids seized from a UPS hub in Louisville, Kentucky on June 25, 1996. Two documents found inside the shipment listed the supervising physician's name. On June 26, 1998, law enforcement officials contacted Delczeg about the seizure of the steroids. Delczeg stated that he ordered the steroids for his personal use and that he used the physicians name to make the order look legitimate, but that the physician was not involved in the importation of the steroids."
Is this true?
This occurred in 1996. That product was for my self use and it came from England. When I was competing in the 1996 Night of Champions, a doctor from England talked to a lot of bodybuilders there, and said to us that he was able to do legally supply anabolic steroids, and deliver it to the person's physician. So they gave me a form, I came back home and went to my physician. The form and paperwork from the physician in England requested the blood work. I went to the lab, they got the blood work, and then it was sent to England. On that, they sent me a few different kinds of anabolic steroids to treat my low testosterone levels. The English physician was supposed to coordinate with my local physician on what kind of problems I had, and what were his recommendations. But he never called him, but when they sent the box, they put it in the box that it was a legal shipment for therapy, and the physician should be contacted. The problem was that the English physician didn't let the local physician review and approve what I needed. Because if my local physician had seen it, if the steroids were available in the U.S. by prescription, I would have first received them here instead of from England. I am even now on prescription for low testosterone levels under doctor's supervision, and most likely will need it for the rest of my life. Otherwise, I will be an old crumply guy with a hunchback. I never got in trouble for it because it was all done by the law. Since the English physician didn't do the paperwork correctly, they refunded me my money back.
- "44. Further information provided on Delczeg by Special Agent Van Dyke was that Delczeg had entered the United States on a flight from Europe on October 9, 2002. the day before the NTF has informed me of their informant's information that Delczeg was in Europe to obtain steroids for Balco Labs. Upon entry into the United States, Delczeg was referred to secondary inspection by Customs, however, no steroids or illegal property were found on his person or in his baggage. Delczeg was further identified as having an active import record and import number. Special Agent Van Dyke informed me that the import number is in the name of Emeric Delczeg and Paul Bedzek, dba Fitness Enterprise. Special Agent Van Dyke provided me with further information that Bedzek, Delczeg's business partner, also had a prior steroid seizure made from him, in 1992."
What's up with this? Import record? Import number? Inspections by Customs?
This proved that the informant lied. They found no steroids on me. Yes, I have an import number, as I am an importer for dietary supplements. It that time, it was Tribestan from Bulgaria, directly importing it from SoPharma. When I came back to San Francisco, they took me to a room, and started searching me. I wasn't surprised because I thought maybe I looked like a terrorist, so it was fine for them to search me. They didn't tell me what they were looking for. I had my signed contract with me for an exclusive deal for some products, my business cards. They searched my luggage, my pockets. Only when I read the reports now did I realize that they were looking for steroids. They never told me then, and I didn't ask. Also, I did not even know about Paul Bedzek's prior steroid seizure until I read the report, and I didn't even meet him until 1994.
- "45. On October 21, 2002, an examination of the discarded trash from the residence of Emeric Delczeg in Belmont, California, was performed at BFI transfer station in San Carlos, California. Located within the discarded trash for Delczeg's residence were 2 used syringes, a large medical needle and a clear vial with a small amount of clear fluid. Although the vial's contents was tested by the DEA lab in San Francisco and no traces of a controlled substance was detected, I know from the investigation in this case that syringes and vials of this natures are synonymous with anabolic steroid paraphernalia, and that individuals who are taking anabolic steroids will often inject other, non controlled substances to increase the effectiveness of the steroids."
Used syringes, clear fluid. What's this about?
Those were for my wife's friend who is a diabetic who came over. The clear fluid was an empty insulin bottle. I myself do have syringes from my prescription, but I never put them in the garbage because I don't want the people who pick up the trash to stab their hand. I destroy the needles the way you are supposed to do it, break them up, bend the needles, and put them in a special container so nobody gets hurt.
- 46. During surveillance conducted on Balco Labs on November 12, 2002, Delczeg was observed in the Balco Lab parking lot handling boxes near his vehicle, a 1995 Mercedes. Delczeg's vehicle was observed in the Balco Labs parking lot for several hours. Additionally, several items retrieved from the discarded trash of Balco Labs over the last year, including luggage tags and post it notes, have had Delczeg's name on them.
What were you doing in the parking lot of Balco's with boxes? And what's up with the luggage tags?
I was picking up ZMA, and Pro-Glycosym powder, a post workout drink. It is simple carbohydrate, whey protein, creatine, glutamine, and chromium picolinate. Come on, who would be loading boxes of steroids from Balco? First of all, the informant says I am supplying steroids to Balco, and now I am picking up steroids from Balco? That just doesn't make sense.
The luggage tags. Now that is something which is a question to me too, because I never traveled with luggage with Balco. I think it was a set up. The informant, whom I know who he is, had a booth at a trade show which I went to, and helped him out there. Now, on the way back, going through the airport, I didn't have any luggage, as I only had a carry on, but this informant had extra luggage because he stuff he got from the trade show, asked me if he could put my name down as so it won't cost him extra for the extra luggage. I think that the informant put the luggage tags in the garbage just to make his story credible.
The only time I traveled with Balco, was to Southern California to see Kevin Levrone run the race with the track runner from England. But I had no luggage nor a carry on, just my pouch with my id and money.
- "47. The financial analysis of Conte's personal and business bank accounts has revealed numerous payments by Conte to Delczeg from Conte's SNAC Systems Inc. corporate account. The following payments made from the Wells Fargo Bank SNAC System Inc. corporate account to Emeric Delczeg were noted: 14 checks totaling $30,022.00. At the time of this chart, several months of records relating to the SNAC System Inc. Wells Fargo Bank corporate accounts are still outstanding."
Emeric, $30,000. What's up with this?
This was over a period of three years, most of it in 2000. That was in a number of checks over time, commission for me, over my help in making ZMA a part of the supplement industry. I went to a number of big nutrition companies, flying to them, making the presentation for them to carry it, and one of them started to buy a tremendous amount of ZMA, and I got commission over it. I have a non-compete, non-disclosure agreement signed with Balco.
- "48. Based on the deposit of one of the above checks to Delczeg's personal account, an account held with Washington Mutual Bank, a grand jury subpoena was issued for records related to this account. Among the records received on this account to date, were three checks written by Delczeg in July of 2002. In the bottom left portion of each check are written the letters "HGH". As detailed previously in this affidavit, a torn and empty box of human growth hormone was located in the discarded trash of Balco Laboratories on September 3, 2002, and a yellow post-it note with the names of two human growth hormones, Nutropin AQ and Somatropin, was located in the discarded trash of Balco Laboratories on April 28, 2003. Also, as detailed previously, 28 vials of human growth hormone were found in Balco's discarded medical waste on May 5, 2003. While human growth hormone is not classified as a controlled substance, I am aware that is has athletic performance enhancing benefits and is commonly used by athletes to achieve greater muscle size and strength. Additionally, as noted previously, the distribution of human growth hormone for non medical purposes is a federal violation under Title 21, U.S.C. 333. The checks from are as follows: 3 checks for $9,900.00"
You bought HGH for Balco?
No, absolutely not. The growth hormone was for my personal use. There was nothing to hide, that's why I put it on the check. It isn't a controlled substance. If I wanted to hide something, I wouldn't write a check. Growth hormones help me in keeping me young. In finding growth hormone in Balco's medical waste, that is not my business. I have no clue on that, it has nothing to do with me. Growth hormone is very expensive. It was $800 for seven little bottles.
- Are you amazed that you are involved in the Balco case?
In one way, I am very surprised, but in another way, I can see how I was involved because the informant, who has a grudge and is jealous of me, called and lied about me. As far as I am concerned, I am using his products, and selling ZMA for them. I have nothing to do with the steroids whatsoever. Even my company won't even sell prohormones as I am keeping my business clean and legit.
- So who is this informant?
I don't want to tell you nor get you involved with him, but he is jealous towards me. He needed to supply something because he got caught and convicted of selling steroids. This informant knew I was under a doctor's supervision yet has tried to get me in trouble. Basically, I think that this informant was the one who was supplying steroids, and when he told the people what I was doing, he was talking about himself. This informant came to my office, and threatened me and said that he will do anything he can to destroy me, and I have a police report on it.