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New Sports Illustrated Column on Implications of Dr. Anthony Galea Prosecution

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

I have a new SI.com column on the charging in both U.S. and Canadian courts of Dr. Anthony Galea, a Canadian doctor who is alleged to have provided illegal performance-enhancing drugs to many star athletes in the U.S. Here is an excerpt:

In a way, though, Galea isn't the only person on trial. Athletes who have received treatment by Galea have reason to worry that their names will be publicly revealed. Implication in the case could prove disastrous. For one, it could trigger sanction by athletes' teams and leagues in the form of suspensions or fines. Companies with which athletes have lucrative marketing and endorsement deals could also void or suspend contracts based on those contracts' morals clauses.

Most concerning, implicated athletes could themselves be criminally charged with purchasing and using illegal drugs. Granted, such athletes might be able to minimize their exposure to criminal sanction through proffer agreements, which, if offered by prosecutors, would essentially entail the athletes telling the authorities what they know about Galea in exchange for not being prosecuted. Such agreements, however, would not protect those athletes from punishments by leagues and endorsed companies.

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Athletes could also be exposed in the event that Galea enters into a plea deal with prosecutors. Such a deal would be more likely if the evidence against him proves overwhelming and airtight. Of additional concern to athletes, a high-profile case of this kind is susceptible to leaks. While prosecutors have a duty to keep protected information confidential, leaks have a way of happening.

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Full post as published by Sports Law Blog on May 20, 2010 (boomark / email).