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Entries for month: July 2009

Jul 27

BALCO Investigator Moving from Steroids in Baseball to Steroids in Supplements

13 Comments »

Jeff Novitzky Sets His Sights on the Supplement Industry

Jeff Novitzky, the chief investigator in the BALCO steroid scandal, has turned his attention from finding anabolic steroid in professional sports such as baseball to finding steroids in dietary supplements sold by sports nutrition companies. Novitzky led the FDA raid of a Max Muscle Store in the Castro section of San Francisco, American Cellular Labs (ACL) and a business believed to be associated with ACL identified as WVM Global Incorporated. The Pacifica home of the Maurice Sandoval, identified as the CEO of ACL, was also covered by the search warrant.

The FDA targeted the ACL products identified as “Tren Xtreme” and “Mass Xtreme”. Jeff Novitzky alleged in an affidavit that the listed ingredients contained in these products met current definition of "anabolic steroid" under federal law and were sold as misbranded and unapproved new drugs. Therefore, distribution of "Tren Xtreme" and "Mass Xtreme" violated the Controlled Substance Act and numerous sections of the Food Drug and Cosmetic Act (FDCA).

Nvitzky and the FDA specifically targeted the ingredients openly listed on the label of Tren Xtreme and Mass Xtreme.

"Tren" in “Tren Xtreme” is also known by the following chemical names: 19-Norandrosta-4,9-diene-3,17-dione and Estra-4,9-diene-3,17-dione

Don Catlin, the infamous steroid hunter who runs the Anti-Doping Research lab, has previously stated that “tren” was not a dietary supplement at all but instead “masqueraded as a supplement”.

William Llewellyn, author of the authoritative anabolic steroid reference manual “Anabolics“, reported that there is no known source for “tren” in nature; this was one of the required criteria to qualify as a dietary supplement under the guidelines of the Dietary Supplement Health & Education Act (DSHEA). “I have to agree with Don Catlin’s assessment that “tren” is not a supplement, but a synthetic designer steroid,” stated Llewellyn. “Since the designer steroid “tren” is not natural, it is considered a misbranded drug under federal law.”

“Madol” in “Mass Xtreme” is also known by the following synonyms: desoxymethyltestosterone, DMT and 17a-Methyl-etioallocholan-2-ene-17b-ol.

Supplement companies have claimed that DMT was a naturally-occurring pheromone in elephant’s urine, therefore it was legal to sell as a dietary supplement under DSHEA.

Patrick Arnold, most recently the chemist at Erogpharm and Proviant Technologies, disputes this claim. Arnold reports that Madol is a misbranded drug since it is not naturally occurring in nature. “If you take the 17alpha-methyl group off of DMT then you have the elephant pheromone,” stated Arnold in a Twitter message. “But DMT itself is not natural.”

It is important to note that “DMT” and “tren” were NOT legally defined as an “anabolic steroid” under the Anabolic Steroid Control Act of 1990 and 2004. Most supplement industry experts disagree with Jeff Novitzky’s assertion that “tren” or “Madol” can currently be legally classified as a controlled substance (anabolic steroid).

At the same time, they concede that the listed ingredients in ACL Tren Xtreme and Mass Xtreme are misbranded and/or unapproved new drugs. “Novitzky claim is that "tren" and "madol" should be considered classified as controlled right now, TODAY,” reacted Patrick Arnold on Twitter. “That is never gonna stand up.”

Sources

“Former IRS agent who hunted steroid distributors strikes again at home of American Cellular Labs CEO,” July 24, 2009

“Two Dietary Supplements Said to Contain Steroids,” July 23, 2009

“Steroid raid on Castro district store,” July 23, 2009

“War on Steroids Attacks Supplement Industry,” March 19, 2009

Patrick Arnold on Twitter: http://www.twitter.com/pa1ad

By Millard Baker

http://www.millardbaker.com

www.SteroidsRx.com

Jul 6

Justice Capriciously and Arbitrarily Applied in Texas Steroid Bust

29 Comments »

Defendant Facing 5 Years in Prison Detained, Defendant Facing 500 Years in Prison Released

Bruce Zaccaria was detained without bail for his role in the recent Texas steroid bust that resulted in the indictment of dozens of individuals on state and federal felony charges. Zaccaria was not considered a flight risk but current U.S. bail law allows for pre-trial detention if the defendant is dangerous to the community.

U.S. Magistrate Judge Calvin Botley ruled that Zaccaria is a “danger to the community” and that there was nothing that could possibly protect the community from this dangerous person if he were released on bail. The purpose of the bail law reform was to protect the community from murderers, terrorists, rapists, and other violent criminals; individuals who use dangerous firearms and destructive devices to commit felonies; and, consistent with contemporary drug war hysteria, drug dealers who face more than 10 years in prison if convicted.

Bruce Zaccaria has not been charged with any of the aforementioned crimes. Zaccaria was charged with one count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” which only carries maximum penalty of up to 5 years in prison.

The magistrate judge’s sole stated reason for throwing Zaccaria in jail without bail was the alleged purchase and distribution of 250 vials of anabolic steroids to bodybuilders who were members of a Houston-area 24 Hour Fitness. Clearly, having bodybuilders using steroids a local gym to increase muscle mass and improve their physical appearance is one of the most dangerous threats facing our society. If the magistrate judge felt that Zaccaria was a danger to the community, imagine how concerned he must have been for the safety of gym members at 24 Hour Fitness. Houston-area residents must be thrilled to learn that 24 Hour Fitness is safe from Bruce Zaccaria.

R. Trent Gaither, Zaccaria’s defense attorney, suggests that the government may have arbitrarily and capriciously detained Zaccaria while inexplicably releasing most of his co-defendants facing similar, multiple or much more serious charges, including those who sold more dangerous drugs such as MDMA and hydrocodone.

Gaither does not understand how his client can be detained since he represents a “danger to the community” yet the alleged ringleader of the conspiracy, Brock Falkenhagen, has been released on a $75,000 unsecured bond. Falkenhagen was charged with 44 counts and faces approximately 500 years in prison if convicted on all charges which involve not only anabolic steroids, but also human growth hormone, MDMA (ecstasy), and hydrocodone.

“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?” posited Gaither in court documents. “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 charged with a single count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the 46 count Falkenhagen indictment. The other three co-defendants faced identical steroid-related charges but were quickly released on either $50,000 or $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 a similarly charged co-defendant who 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 contrast, Zaccaria was not involved with any illegal drugs since the conclusion of the conspiracy period in September 2007. Nonetheless, Zaccaria was considered a “danger to the community” but his fellow co-defendant was not. U.S. District Judge Lynn Hughes even saw it reasonable to allow the temporary return of his passport so he could get married and honeymoon in the Caribbean this summer.

Bruce Zaccaria will remain detained at the Joe Corley Detention Facility while most of the co-defendants will be able to celebrate (and even party in the Caribbean) over the Fourth of July weekend. The disparity in pre-trial treatment exists even thought the three co-defendants face the identical charge of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the same superceding indictment to be tried in the same Houston federal courthouse.

Trent Gaither, Zaccaria’s attorney, was “mystified” by the detention order affecting his client especially when the ringleader, and presumably the most dangerous threat to the community based on the magistrate judges’ rationale, was granted bail

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.

Sources

United States of America vs.Bruce D. Zaccaria: Zaccaria’s Motion to Reconsider, Rescind Detention Order, and Order Pretrial Release filed in U.S. District Court for the Southern District of Texas Houston Division on June 23, 2009.

United States of America vs.Bruce D. Zaccaria: Order of Detention Pending Trial filed in U.S. District Court for the Southern District of Texas Houston Division on June 3, 2009.

By Millard Baker

http://www.millardbaker.com

www.SteroidsRx.com

Jul 1

Phillies J.C. Romero Allegedly Assaults Fan After Being Taunted About Steroids

9 Comments »

Steroid Stigma Bad Enough Without Romero Unfairly Adding to It

Philadelphia Phillies reliever J.C. Romero has been accused of assaulting a Tampa Bay Rays fan after a game at Tropicana Field in St. Petersburg, Florida. The fan, Robert Eaton, claims that he was seeking autographs from Romero and a couple of Phillies players as they were leaving the field; the players reportedly did not honor Eaton’s request for autographs. Eaton told the St. Petersburg Times that he started taunting Romero in response with something to the effect of, “How about you get me some juice?" The comments were in reference to Romero’s recent 50 game suspension after testing positive for the anabolic steroid androstenedione.

"The player ignored him and kept on going," according to St. Petersburg police spokesman George Kajtsa. "So the victim starts yelling expletives and also making references to some things I can't mention because it's under investigation. That apparently angered the player, who then returned. The two had a shouting match and at one point the player hit him with an open hand - or he slapped him on his neck."

"He reared back and kinda grazed my chin and grabbed me by the neck and threw me back," Eaton told the newspaper. "I was in shock."

Robert Eaton filed a complaint with the St. Petersburg Police Department alleging simple battery by J.C. Romero. The complaint is being reviewed by the Pinellas-Pasco State Attorney's Office to determine whether charges will be filed against Romero. St. Petersburg police spokesman George Kajtsa believes it is unlikely given the more pressing concerns by the State Attorney’s Office.

J.C. Romero’s altercation nonetheless reinforces the stereotypes associated with steroid use. Yelling expletives, punching, pushing, and/or choking a fan is consistent with the media-created phenomena of “roid rage”. Romero’s behavior unfairly gives steroid users a bad name which is certainly not needed given the societal stigma associated with steroids.

The association between Romero’s behavior and anabolic steroids is unfair because Romero most likely is not using steroids after returning from a 50-game ban that resulted from a positive steroid test result. It is also very plausible that Romero didn’t really use steroids when he tested positive in the incident that resulted in his ban.

J.C. Romero most likely was banned as the result of a false positive from consuming the dietary supplement 6-OXO manufactured by Ergopharm. A drug-tested athlete consuming 6-OXO would test positive for the rececently reclassified anabolic steroid androstenedione. The metabolites for 6-OXO and androstenedione are the same.

J.C. Romero and his infamous anti-doping attorneys Howard Jacobs and David Cornwall could have had his suspension and salary forfeiture overturned by using an easily verifiable “false positive” defense. Inexplicably, they used a “contaminated supplement” defense which would never have overturned the suspension due to the MLB’s “strict liability policy”.

Romero and his legal team went out of their way to find “trace contaminants” of androstenedione in quantities so infinitesimally small that they would have no physiologic effect. The amount of contaminants would be right at the limit of pharmaceutical disclosure of 0.1% or 100 micrograms per capsule. It is unknown whether this alone could even trigger a positive androstenedione test result.

J.C. Romero most certainly is not currently using anabolic steroids immediately upon return from his 50-game suspension. It is unlikely that Romero used anabolic steroids at the time he tested positive, was suspended, and forfeited over $1 million in salary. Even if 6-OXO was contaminated with only a few micrograms of androstenedione, it is unlikely that such tiny amounts of a prohormone would have caused Romero to fail a steroid test. It is obvious that a prohormone whose effective dosage was several hundred milligrams would have any physiologic impact whatsoever at 1/1,000th the effective dosage of androstenedione.

J.C. Romero’s alleged assaultive behavior is disappointing. However, suggestions that the behavior is attributable to “roid rage” and/or a history of steroid use are unfair.

Sources

“Romero may face battery charge,” June 29, 2009

“Prosecutors reviewing man's complaint against Phillies' Romero,” June 29, 2009

“Phillies confirm player involved in confrontation with fan in Tampa,” June 27, 2009

“Fan says Phillies pitcher assaulted him over steroids remark,” June 27, 2009

“Baseball Player JC Romero Files Frivolous Lawsuit Against Patrick Arnold Supplement Companies,” April 28, 2009

By Millard Baker

http://www.millardbaker.com