BALCO's Victor Conte has more problems than he ever thought he would. California's Department of Health Services decided, in a letter dated June 30, 2004 to penalize Conte, Goldman and BALCO an incredible $772,000. This is in addition to all of the rest of the problems that Victor Conte and BALCO are facing, including awaiting federal trial on charges of distributing illegal drugs.
The letter, a notice of intent to impose sanction, was given to Victor Conte, and Dr. Brian Goldman, who is BALCO's medical director. They said it was as a result of 'willful and unlawful conduct', including perhaps submitting forged signatures on license renewal applications to hand out prescription drugs.
In Olympic trails, it looks like the Olympia Committee will not have to ban many of the BALCO accused athletes from the Olympics. Neither Tim Montgomery, or Chryste Gaines, or Michelle Collins, or Alvin Harrison have qualified for the U.S. Olympic team. It seems that without BALCO's steroids, either they are not fast nor strong enough, or the stress of being accused has reached them.
If you haven't seen the letter that Victor Conte's attorney wrote to President Bush, it is quite interesting. Here is a transcript of the letter.
The Honorable George W. Bush
President of the United States of America
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20530-0001
June 14, 2004
Dear Mr. President,
I am attorney of record for Mr. Victor Conte who is the lead defendant in the BALCO Steroid Case presently pending in the U.S. District Court for the Northern District of California. I write this letter not only on behalf of my best representation of Mr. Conte, but as an appeal to you, the top law enforcement agent in the United States, to aid in a plea negotiation which could ultimately prove extremely beneficial to the national interest.
First, thank you for taking your valuable time to consider this request. We are all well aware that you have pressing international business that is almost beyond imagination. Your efforts to keep our people and democracy safe and strong not only engenders our deepest gratitude but keeps you and all of our leaders foremost in our prayers.
It is precisely because these are such difficult times for our beloved country that we request your aid. We, all of us, need to do everything possible to send a clean Olympic team to Athens. If we fail to do so, and the information about our failure is later made public, after the Olympic medals are given out, the results could be disastrous. A public outcry will be heard around the world that Americans are fraudulent rule breakers and cannot be trusted. There will be hearings and lawsuits and medals taken away. All of our athletes, past, present and future, will feel the sting and all Americans will feel the shame.
My client, Mr. Victor Conte, is a well-known and well-respected sports nutritionist of many years. He is willing to help resolve the problem now, before his information is revealed too late, at a future federal jury trial. For at trial Mr. Conte will definitely testify and he will definitely tell the truth. And the world will definitely be listening.
The United States Attorneys assigned to prosecute this case have been, and I assume always will be, very professional and conscientious. The problem as I see it, is that their hands are tied. They are justifiably doing exactly what they are paid to do, prosecute what they believe are crimes committed within the boundaries of their district. They are not, and maybe cannot, be concerned with the big picture. That broader perspective picture must necessarily come from the top. That is why we need your help.
As is often the situation, the federal sentencing guidelines in this case are somewhat ambiguous. There are many factors involved, such as quantities of alleged substances, numbers of athletes, the existence or non-existence of money laundering etc., which cause any precise guideline calculation at this time to be impossible. The government believes that the maximum term which Mr. Conte is facing if convicted lies somewhere in the neighborhood of two years imprisonment. The experts hired by the Los Angeles Times theorize that the penalty lies between 0 and 6 months. Whatever it turns out to be, in the scheme of the federal sentencing system, the possible maximum penalty for Mr. Conte, or for his employee, Mr. James Valente, isn't much. And it certainly isn't much when compared with the massive good that these gentlemen could do for the logo of the United States of America.
Mr. Conte is willing to reveal everything he knows about officials, coaches and athletes in order to help to clean up the Olympics. He will answer all questions from the United States Department of Justice, the United States Olympic Committee (USOC), and the United States Anti-Doping Agency (USADA.). Further, he will put together a team of experts and truthful witnesses who will aid in this massive job of restoring faith in American athletes and respect for our system of fair competition. In return, Mr. Conte asks that he not be forced to plead guilty to money laundering (a crime which he insists he did not commit) and that he be guaranteed a sentence of straight probation for both he and Mr. Valente. Quite frankly, what Mr. Conte has to offer in terms of real value to this country is worth far in excess of any possible sentence in the pending criminal case. In fact, if Mr. Conte is forced to trial, it well may be that the Court would sentence him to straight probation in any event.
So, Mr. President, justice has many faces. Your agents and legal counsel may well have done the United States a great service in bringing this action, but only if it is used wisely. Everyone in this country has great interest in avoiding the shame of being branded a country of "cheaters." Time is of the essence. We respectfully request your immediate intervention and guidance. All we need is your word, Mr. President. We can work out the details.
Respectfully,
Robert M. Holley
Legal Counsel for Mr. Victor Conte