"There is no hunting like the hunting of a man, and those who have hunted armed men long enough and liked it, never care for anything else thereafter"
- Ernest Hemingway
In one of Ernest Hemingway's nonfictional works, The Green Hills of Africa, he romances his passion for big-game hunting; glorifying virility, bravery, and the virtue of a primal challenge to life. Any fan of Hemingway's life and works knows bravado in terms relative to the author. So much so that even if an elephant could look down the business end of his rifle the elephant would gladly offer Hemingway his broad side and stand still. There was that sense of purpose to the hunt and no question of the righteousness of the kill. To some degree it could be said that in Africa there is big-game meant to be hunted. The resulting trophy a testament to the virtues waxed poetic by Hemingway. Even if you don't agree with the hunting of animals for sport, you can make sense of it through the words of the author.
But not all big game is meant to be hunted. Nor do all big game hunters deserve to be romanticized. Lets take famed FDA investigator Jeff Novitzky, the erstwhile big game hunter seeking to bag Barry Bonds. In 2002, when he was an Internal Revenue Service special agent, he lead the landmark investigation into BALCO, because Victor Conte and company, allegedly, were supplying performance-enhancing drugs to several high-profile athletes, including, allegedly, home run king Barry Bonds. For the next eight years, Novitzky squandered untold millions of tax payer dollars hunting Bonds. His hunt collaterally bagged several superfluous quarries such as disgraced track star Marion Jones and former BALCO attorney Troy Ellerman, both imprisoned for lying under oath and for leaking grand jury testimony, respectively, but were of little consequence relative to the case because Novitzky didn't care about them.
Bonds, Novitztky's intended target, remains - after eight years - perhaps the most expensive quarry never bagged. In fact, Novitzky never even got off a shot, but that doesn't seem to matter. In their attempt to romanticize Novitzky in support of his quest to sterilize sports of the unscrupulous cheaters who allegedly sully to the very core the spirit of the game (by chasing just one athlete), the main stream media has dubbed Novitzky the "Elliot Ness" of the steroid era. Unfortunately, as is the case with most of what the main stream media says, the only thing wrong with such a statement is that it isn't so. All that Novitzky has in common with Eliot Ness is that they both once worked for the Government. Other than that, any such comparison is about as equitable as comparing a paper airplane to the space shuttle, and probably just as expensive. I would much more accurately compare Novitzky to Richard Connell's character, General Zaroff, in his 1924 novel, The Most Dangerous Game. Ness sought to bring down Al Capone because Al Capone's criminal enterprise included a litany of nefarious offences to the law and the public trust, including bribery, extortion, bootlegging and murder. What drives Novitzky? According to Don Catlin, founder of the UCLA Olympic Analytical Lab who has worked closely with Novitzky teaching him much of what he knows about steroids, Novitzky was incensed that the "dopers" were sullying sports, which is supposed to be this "nice part of life." Another of Novitzky's pals in high places, Travis Tygart, chief executive of the U.S. Anti-Doping Agency has said that Novitzky represents the millions of people who value sports for the good lessons it teaches. Please! If that were true he'd be going after most of the hard pimping professional athletes that play baseball, football and basketball. But lets get real. Novitzky's hunt for Bonds is driven by hate. It's because he hates him. And like Zaroff, who hunted humans because he grew tired of hunting animals, Novitzky's hunt for Bonds was probably far more interesting than investigating tax cheats. But I think, just like main quarry Zaroff hunted in the book, Bonds represents to Novitzky the man he could never be.
Yahoo! sports writer Jonathan Littman, one of the only main stream journalists with the balls to buck convention, interviewed all three of the original lawmen who were assigned to the Bonds case and worked alongside Novitzky. Iran White, an agent with the California Bureau of Narcotics Enforcement in San Jose, and two other un-named law enforcement agents, told Littman that Novitzky expressed extreme hatred for Barry Bonds at the exclusion of other athletes that were similarly implicated such as Jason Giambi, Gary Sheffield, Marion Jones, Dana Stubblefield, and others. Novitzky was obsessed with bringing down the elephant - Bonds, and only Bonds. Iran White further corroborated these allegations in an explosive interview published in Playboy.
Victor Conte, and several others implicated in the BALCO investigation, accused Novitzky of potentially committing criminal misconduct with acts ranging from falsifying investigative reports to illegally coercing statements during the BALCO raid. Apparently, Novitzky also forgot to serve the search warrant prior to the raid; Victor claims the warrant wasn't served until after the raid had been completed. The detailed notes of IRS special agent Wendy Bergland who was present during the raid supported Conte's assertion.
Further accusations of investigative misconduct caused The Treasury Inspector General for Tax Administration (TIGTA) to open an investigation into Novitzky and his fellow agents. The first had to do with allegations of missing evidence seized from Bond's trainer, Greg Anderson's house; $600 of the $63,920 seized disappeared after being confiscated. "Novitzky and three other IRS special agents hired lawyers and signed proffers before cooperating with the investigation," according to Victor. "There were inconsistencies with some of the statements. It was acknowledged in the report that the investigation could cause credibility issues for the agents if the BALCO case ever went to trial."
Victor wrote in his book BALCO, "I began to imagine newspaper headlines such as, ‘IRS Agent Investigated for Missing Cash from Bonds' Trainer's Home.' Novitzky and his colleagues were possibly headed for the witness stand and this was all going to come out. We knew they would not want this information to surface in the media and were therefore going to be receptive to a favorable plea bargain." And boy were they! The largest sports doping case in US history - 42 counts in Victor's indictment read on national television by the US Attorney General himself - got reduced to one count of distributing a performance enhancing drug and money laundering of $100.00 (that's not a type-o). Victor got four months in jail and four months house arrest, Greg Anderson got three months in jail and every one else walked.
On Oct. 29, 2004, two weeks after the issuance of the TIGTA report, Novitzky filed a declaration under penalty of perjury in Judge Illston's court that gave an account of his interest in participating in a book deal that contradicted the account he had given to TIGTA four months earlier. TIGTA could play hardball, and Novitzky might have known it. The agency, the most recent incarnation of the IRS Inspection Service, was created more than half a century ago in the wake of widespread IRS corruption. TIGTA agents have the power to serve search and arrest warrants for IRS employee misconduct allegations ranging from extortion to bribery, theft, taxpayer abuses, financial fraud - and making false statements.
With his job on the line during the TIGTA investigation, Novitzky acknowledged that he had talked about a book deal but insisted he was joking. However, Iran White and two other drug agents who heard the comments said in the Playboy article they believed he was serious.
In his declaration to Illston, Novitzky asserted that the conversation never took place: "I have never had such a discussion with anyone and have never had any involvement with a ‘book deal' in connection with this case or any other."
The TIGTA investigation formally ended Oct. 15, 2004, with an explanation that neither exonerated Novitzky nor determined guilt. No legal action has been taken against Novitzky for any alleged improprieties. But Novitzky's questionable tactics during the BALCO investigation will likely add to the considerable credibility issues the government will have to overcome if Novitzky ever takes the stand in the Bonds Trial - if there ever is a Bonds trial.
But that doesn't put a damper on Novitzky's zeal to bag his quarry. In fact his callous disregard for the rule of law and the constitution metastasized to a staggering degree when he raided Comprehensive Drug Testing (the lab that did drug testing for Major League Baseball) with a warrant for 10 urine samples, presumably to obtain evidence against Barry Bonds and a few other baseball players suspected of steroid use. Instead, he seized all of the lab reports and samples from all 104 baseball players who tested positive for prohibited substances. Judge Illston and three appellate judges were infuriated over Novitzky's flouting of the fourth amendment (protecting citizens from illegal search and seizures) and demanded that Novitzky return the evidence; Novitzky refused!
IIlston subsequently quashed the subpoenas served on the labs, ruling that the government's conduct was unreasonable and constituted harassment. "I think the government has displayed ... a callous disregard for constitutional rights," she said in open court. "I think it's a seizure beyond what was authorized by the search warrant, therefore it violates the Fourth Amendment."
The controversy surrounding the searches of the labs and offices of Comprehensive Drug has the potential to become a precedent-setting case on the privacy of medical records and the limits of unreasonable search and seizure under the Fourth Amendment. Three district judges and one appellate judge concluded that Novitzky's conduct did violate the Fourth Amendment.
With or without further appellate proceedings, Novitzky's conduct and issues surrounding his credibility are likely the reason the Bonds trial will never happen. Sources close to the Bonds case are saying that that the entire case began and will end with Novitzky.
Such cavalry and disregard for the law make Novitzky nothing more than a hypocrite. He is cheating to win worse than the athletes he is investigating for cheating. And the media compares him to the straight laced Elliot Ness? Jeff Novitzky isn't even to General Zaroff what Sanger Rainsford (Connell's lead character in The Most Dangerous Game) is to Barry Bonds. At least Zaroff followed the rules of the game. Novitzky is out of control.
How out of control is he? Let's look at his next target. Novitztky's eight year - and counting - gazillion dollar, urban expedition to hunt down Bonds has proven to be an abysmal failure. The trial has once again been put off, now until possibly the fall. If it ever does happen Bonds is likely going to walk and Novitzky isn't stopping him. In fact, when Bonds walks it will more than likely be because of Novitzky.
So, what's a troubled investigator to do? In perhaps the most transparent attempt to save face ever noted in investigative history, Novitzky has quietly remove himself from the headlines touting Bond's imminent victory in eluding Novitztky's witch hunt by focusing the media's attention away from Bonds and onto his next quarry - an even bigger name - Lance Armstrong.
What's Novitzky got on Armstrong? Much less than he had on Bonds! He's basically got two disgruntled cyclists - Gregg LaMond and Floyd Landis who swear Armstrong used performance enhancing drugs, as well as a few other unsubstantiated allegations from people disenchanted with Armstrong for one reason or another. No one has any proof of anything.
What's Armstrong got? Well, first we have the fact that America has not asked for Armstrong's head on a pike. Armstrong is probably one of our nations most loved icons; a cancer survivor with a stout foundation that gives unwaveringly to cancer research and kids with cancer. Not to mention seven consecutive Tour de France titles and about two pages of awards and accolades to his name. Oh, yeah, and the pesky little detail of never having failed a drug test.
But what about the samples collected in France in 2002 that were recently tested and allegedly show Armstrong had EPO in his system at the time? (there was no urine test for EPO until 2004). That's a good question and a brick wall for Novitzky. The International Cycling Union appointed a Dutch lawyer, Emile Vrijman, to investigate the handling of urine tests by the French national anti-doping laboratory. Vrijman was head of the Dutch anti-doping agency for ten years; since then he has worked as a defense attorney defending high-profile athletes against doping charges. Vrijman's report cleared Armstrong because of improper handling and testing. The report said tests on urine samples were conducted improperly and fell so short of scientific standards that it was "completely irresponsible" to suggest they "constitute evidence of anything."
On the surface, Novitztky's got his work cut out for him. Armstrong has continually denied using illegal performance-enhancing drugs and has described himself as "the most tested athlete in the world." By March 17, 2009, Armstrong had been tested by the Finch Anti-Doping Authority for the 24th time - more than any other athlete - and the test was negative. That doesn't necessarily mean Armstrong didn't use drugs, but I could think of ten other athletes Novitzky would have a better chance of bagging for the use of PEDs than our nation's top philanthropic, cancer surviving, iconic, seven-time Tour winning hero; but that's just the tip on the iceberg.
You don't go after such a pristine target as Armstrong with an investigator who has a reputation as tarnished as Novitzky's. It doesn't bode well if the case ever makes it to court, where credibility becomes a paramount issue. Clearly Novitzky cheats to win worse than the quarry he's hunting; he is guilty of investigative misconduct, including allegations that he manufactured evidence; he's been turned out by his fellow investigators (significant since cops ALWAYS protect their own); and has received reprimand for his investigative misconduct by federal judges who's order Novitzky refused! This is the guy who, after spending eight years and untold millions chasing our nations home run king to no avail, is getting a green light to spend even more millions chasing another national hero he is sure not to bag? For whom does this guy work? Certainly not us. And therein really lies the rub.
Before anyone allocates another bottomless pit of investigative funds to Novitzky, we need to ask ourselves if anyone really cares anymore? Elite athletes using performance enhancing drugs is pretty much anticlimactic news. It would be like Perez Hilton announcing he's coming out of the closet. As many people would be surprised at that as they would be about elite athletes using PEDs. A more cogent investigation into cycling would be to find the athletes that don't use PEDs. That would be much easier. All you have to do is look in last place, and even then I wouldn't believe it, with or without a negative test.
Finally, we need to ask ourselves is arming an ego driven big game hunting scoff-law investigator such as Novitzky with a bottomless war chest of tax payer money a good idea in these economic times? Couldn't those millions be better spent somewhere else? Even if Novitzky is able to cheat his way into getting a clear shot at Armstrong, do we really want him pulling the trigger? No matter what Lance may have done it will in no way be worse than what Novitzky has proven he will do to get him. And is that the message we want to send our kids? That cheating is okay just as long as you're doing it to catch a guy who hits too many baseballs over the fence or rides his bike too fast over the Pyrenees? I don't think so.
Because of Novitzky's misconduct Bonds is going to walk. And now, with less of a case, he thinks he's going to get Armstrong? No way. Armstrong is going to walk, and, just like in the Bonds case, the end will never justify the means. There are plenty of problems facing this country without a rouge investigator wastefully spending valuable resources to accomplish something only he wants to do.
The issue here really has nothing to do with whether or not Armstrong used performance enhancing drugs. The likely story is that he, along with every other elite level athlete did/does use them. I'm sure that with what Armstrong has on the line with his image and stature, and the resources available to him, he played a very serious and very careful game and he covered his tracks well. No one, not even the tenacious, law bending, constitutional right violating, over zealous Novitzky is going to uncover them.
In the end Novitzky is selfishly playing his version of Connell's Most Dangerous Game. The difference being that Novitzky's contemporary in the novel, General Zaroff, like all good hunters, played fair. And, unlike Zaroff, Novitzky is hunting game far out of his league, game he will never bag, with a hefty price tag he will never pay. This hunt for Armstrong is totally devoid of the virility, bravery and any form of virtue that Hemingway so aptly described as inherent in the hunt for big game. There is no righteousness in the kill because this is not about saving sports from the dopers as Novitzky's supporters contend. It's all about one man's jealousy and hatred. And it is as misguided as it can get. In the depths of America's deepest economic woes since the great depression, the last thing it needs - or wants -- is to pay even more money to attempt to bring down another national sports icon for doing something all athletes do. The bottom line is America didn't ask for Novitzky, and we can't afford him.
Subscribe to RxMuscle on Youtube
