7 time Tour De France champion and alleged doper Lance Armstrong (above).
With a federal grand jury gathering steam around him, Lance Armstrong picked an attorney tonight who was recognized as one of the top in the field of white collar crime in 2008, Los Angeles based criminal defense attorney Bryan D. Daly from the firm Shepphard Mullin Richter and Hampton.
A former federal prosecutor, he is a partner at the firm Sheppard Mullin Richter and Hampton. His hiring was first reported by The Daily Journal, a legal trade publication in Los Angeles.
“I was recently retained by Mr. Armstrong to assist him with respect to the investigation by the U.S. Attorney’s Office in Los Angeles,” Daly said in an e-mail to the Daily News. “I have no comment at this time, except to say that we are going to work diligently to find out precisely what, if anything, this investigation has to do with Mr. Armstrong.”
The government’s investigation is being led by Food and Drug Administration criminal investigator Jeff Novitzky, who uncovered the BALCO doping ring in 2003. A grand jury empanelled at the U.S. District Court for the Central District of California has issued subpoenas in the case to three-time Tour de France winner Greg LeMond and the Trek Bicycle Corporation, a sponsor of Armstrong’s teams. Overseeing the case is assistant U.S. Attorney Doug Miller.
More on Daly’s distinguished career:
Bryan D. Daly
Mr. Daly co-chairs Sheppard Mullins’ Government Contracts and White Collar Defense practice groups and works out of the firm’s Los Angeles office. Mr. Daly is a former Assistant United States Attorney for the Central District of California, Criminal Division, Public Corruption and Government Fraud Section.
As a federal prosecutor, Mr. Daly was responsible for the investigation and prosecution of a wide variety of fraud and whistleblower cases, including health care fraud, aerospace and defense contractor fraud, and environmental violations. From 1991 through April 1995, Mr. Daly served as Director of the government’s Southern California Government Fraud Task Force and supervised numerous law enforcement agents from various federal agencies. He received the 1992 Department of Justice Director’s Award for Superior Performance as an Assistant United States Attorney, and the 1994 Department of Justice Special Achievement Award for Sustained Superior Performance as an Assistant United States Attorney.
In private practice, Mr. Daly has tried numerous criminal and complex civil cases in federal and state courts including those for businesses and executives under investigation or charged with white collar criminal offenses, including the defense of companies and executives accused of FCPA violations. He has also conducted more than 100 internal investigations and compliance inquiries for a number of major corporations. In this capacity, Mr. Daly has worked closely with management to create effective training and compliance programs for employees and has also investigated fraud and other allegations of misconduct on behalf of these companies, and has coordinated voluntary disclosures and case referrals to the Department of Justice and other impacted agencies where appropriate. Many of these matters have been in response to whistleblowers’ allegations and False Claims Act complaints. Specifically, Mr. Daly has investigated and defended dozens of whistleblower suits brought against Northrop Grumman Corporation, Hughes Aircraft Company, Raytheon Corporation, Duke Electric Corporation, Sony Corporation and Los Angeles Department of Water and Power. In an effort to help avoid or minimize the adverse impact of whistleblowers’ suits, Mr. Daly has worked closely with management (1) to develop and implement effective self-governance programs, and (2) to create training and compliance programs for employees to self-report allegations of misconduct. Where appropriate, he has also coordinated voluntary disclosures and case referrals to the Department of Justice and other impacted agencies.
Mr. Daly was nominated in 2008 as one of the top ten White Collar Defense attorneys in the United States by Chambers USA. He has been recognized as one of the nation’s top ranked White Collar Defense attorneys by Chamber USA and The Best Lawyers in America since 2004. Mr. Daly is also currently the Chairman of the ABA’s Subcommittee on False Claims Act Litigation.
- J.D., Rutgers University School of Law, 1985
- B.A., Ramapo College, 1982
- United States Court of Appeals, Ninth Circuit, 1995
- United States District Court, Central District of California, 1985
- California, 1985
Christine Brennan of USA Today thinks Armstrong has much to lose with the upcoming probe, making his choice of counsel all the more important.
Jeff Novitzky, the Food and Drug Administration agent who led the successful investigation into the BALCO steroids case, is on Armstrong’s tail in another federal investigation, this time trying to determine if the seven-time Tour de France winner and role model for thousands of cancer patients was involved in doping and possible fraud with his old U.S. Postal Service cycling team. Armstrong, 38, the famous cancer survivor who has repeatedly denied any involvement with performance-enhancing drugs, said last week that he would cooperate with a “fair investigation” into the damaging allegations made in May by his former teammate Floyd Landis, who himself was stripped of his 2006 Tour title for doping.
But, as is Armstrong’s often-belligerent way, he delivered this caveat:
“As long as we have a legitimate and credible and fair investigation, we’ll be happy to cooperate, but I’m not going to participate in any kind of witch hunt,” Armstrong said. “I’ve done too many good things for too many people.”
It’s such an interesting way for Armstrong to look at things, basically saying he’s too important as a cultural icon to endure the kind of scrutiny that some for years have thought he most definitely deserves. Consider that Armstrong remains at this moment one of the few non-cheating big names in the dirtiest sport on the planet.
Memo to Lance: This is the Steroids Era in sports. You’re an athlete who happens to be competing at this time. Deal with it.
It’s not only Landis who is accusing Armstrong of doping. Three-time Tour de France champion Greg LeMond is talking too, saying, among other things, that he believes the evidence against Armstrong “will be overwhelming.”
I’d have to agree with Brennan, and unlike her, I am not going to pretend that Lance is the clean man in a dirty sport, especially since a test came up positive for Armstrong and the drug EPO in 2005 off a 1999 sample, witness testimony by the Andreu’s, and a compromised test last year which was technically a failed test because under the terms of the World Anti-Doping Agency’s procedures, when a person doesn’t submit to a sample at the direct behest of the tester, the test is an automatic fail.
Armstrong refused to submit to a urine sample in 2009, saying he first needed to shower before he could compel a sample, and giving himself a 20 minute window for a trace amount of a substance to leave his blood stream, or as Dr. J has suggested, to put in a catheter connected to a bag of clean urine.
We tend to support Lemond’s contention that by the time this is done, the evidence against Armstrong will be overwhelming.
Be A Clean Athlete,