Armstrong could be heading for court
Lance Armstrong could be called before a Texas court after a lawsuit was filed by SCA Promotions in an effort to recoup more than 12 million US dollars from the disgraced cyclist.
SCA Promotions is seeking the return of prize money it paid Armstrong after losing its case more than seven years ago, when the Texan provided sworn testimony he had not doped during his career.
Armstrong’s confession to Oprah Winfrey last month that he had in fact used performance-enhancing drugs opened him up to a host of legal actions and Jeff Tillotson, a lawyer representing SCA Promotions, yesterday filed the lawsuit in Dallas State District Court.
Armstrong’s representatives did not respond directly to the claim made by SCA Promotions, but issued a document showing that the two parties signed a “fully and forever binding” compromise settlement agreement in February 2006, following the arbitration proceedings which ruled in the cyclist’s favour.
The is a strong prospect that Armstrong, his lawyer Tim Herman, and his long-time agent Bill Stapleton, will be called to give evidence in court.
Tillotson, who represents SCA Promotions, told Press Association Sport: “We will certainly seek to take their depositions on the relevant issues.
“We feel confident that the key facts about what has happened are open and not in dispute.
“I don’t think there’s any dispute by Mr Armstrong or his lawyers that he lied under oath in our legal proceeding.
“The only question is what should be the penalty and consequence of that.”
Armstrong will likely avoid criminal proceedings for perjury after lying under oath in the original case in 2005, given the passage of time.
SCA Promotions is seeking a minimum of 12m US dollars – the return of Tour de France prize money of 1.5m US dollars in 2002, 3m US dollars in 2003 and 5m US dollars in 2004, plus 2.5m in costs paid in 2004 – plus interest and costs.
Herman this week said the dispute should be with Tailwind Sports, the owner of the United States Postal Service-sponsored cycling team Armstrong rode for, and not the cyclist.
An unsuccessful effort was made to settle the case out of court. The details of those negotiations are remaining private.
The filing of the lawsuit came after the United States Anti-Doping Agency announced Armstrong wants to “assist in the effort to clean up the sport of cycling”.
Armstrong was given a two-week extension to co-operate with investigators, having initially been given until Wednesday to confess all under oath.
USADA has set a new deadline after the 41-year-old said he would be unable to meet the one imposed due to prior time commitments.
