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Lance Armstrong case could hinge on USPS benefit

By Jim Vertuno

Associated Press

Published: Wednesday, May 1 2013 6:40 p.m. MDT

FILE - This July 23, 2000 file photo shows Tour de France winner Lance Armstrong riding down the Champs Elysees with an American flag after the 21st and final stage of the cycling race in Paris, France, Armstrong was stripped of his seven Tour de France titles and banned for life by cycling's governing body Monday, Oct. 22, 2012, following a report from the U.S. Anti-Doping Agency that accused him of leading a massive doping program on his teams. UCI President Pat McQuaid announced that the federation accepted the USADA's report on Armstrong and would not appeal to the Court of Arbitration for Sport. (AP Photo/Laurent Rebours, File)

LAURENT REBOURS, AP

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AUSTIN, Texas — Lance Armstrong is facing the federal government in a legal fight with tens of millions of dollars at stake, and a loss could bankrupt the cyclist who until last year ranked among the wealthiest and most popular athletes in the world.

Armstrong's best chance at protecting his personal fortune may rest in convincing a jury the government has already earned plenty from him, regardless of whether he cheated to win the Tour de France and lied to cover it up.

Armstrong is being sued by the Justice Department to recover at least the $40 million the U.S. Postal Service paid to sponsor his team, claiming Armstrong was "unjustly enriched" by using steroids and other drugs to win the Tour de France seven times.

Armstrong's legal team says the benefits the Postal Service reaped from putting its name on Armstrong's jersey was worth far more than that. The Postal Service commissioned four studies that said the contract was worth more than $100 million in worldwide exposure for the agency at a time it was trying to boost its brand.

Armstrong could still settle the case before going to trial, which likely would not start until 2014. Previous settlement talks broke down earlier this year.

If it goes to trial, experts say the government will likely have an easy time proving Armstrong committed fraud by violating his contract. But proving financial damages could be far more difficult and the stakes are huge because the False Claims Act allows the government to seek triple damages.

"They are going to have to get creative," said Dallas attorney Michael Orwig, a former federal prosecutor who has handled lawsuits filed under the same statute the government is using to pursue Armstrong. "They've got to know they've got a squishy case on damages."

Paul Scott, an attorney for Floyd Landis, the former Armstrong teammate who brought the whistle-blower lawsuit and would get a cut of any damages awarded, dismissed the argument that the Postal Service wasn't damaged.

"It was all a fraud," Scott said. "U.S. Postal would not have paid a dime if they had known the truth."

The False Claims Act dates to the Civil War, when the government went after unscrupulous contractors who were providing substandard items to Union troops. Since then, the government has used the law to recover billions of dollars in health care and defense contractor fraud, natural disaster recovery and reconstruction efforts in Iraq.

Armstrong was sued first by Landis, who admits participating with Armstrong in the team doping program. The Justice Department announced in February it would join the case and filed its formal complaint April 23.

Landis and the government allege Armstrong, Postal Service cycling team director Johan Bruyneel and the team ownership company, Tailwind Sports Inc., committed fraud by engaging in a doping program that was against the rules in the sport of cycling.

The team contract with the Postal Service required riders to follow cycling rules. The government claims that by using steroids, blood boosters and other illegal performance-enhancing drugs and measures to win, Armstrong and team officials committed fraud while simultaneously assuring Postal Service officials they weren't cheating.

Armstrong has publicly admitted doping. Bruyneel has challenged the U.S. Anti-Doping Agency's report on the team doping program and is awaiting an arbitration hearing separate from the lawsuit.

Ben Vernia, a Washington attorney who specializes in federal whistle-blower lawsuits, said Armstrong's case is unusual because it deals with a government agency that paid for publicity instead of something more tangible like an airplane part or specific service that wasn't delivered.

"Engine parts are easy to quantify," Vernia said. "In this case, did (Postal Service) get the benefit of the bargain?"

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