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The settlement outraged many who believe that much of his fortune was utterly ill-gotten.
The settlement outraged many who believe that much of his fortune was utterly ill-gotten. (Photo: Joel Saget/AFP/Getty)

Op-Ed: Did Armstrong Just Crush the U.S. Government?

It sure looks like it. Bill Gifford on the $100 million legal battle that ended with a whimper.

Published: 
The settlement outraged many who believe that much of his fortune was utterly ill-gotten.
(Photo: Joel Saget/AFP/Getty)

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Once again, Lance Armstrong has worn out everyone else. This time, instead of his Tour de France rivals鈥攚ho he and his jacked-up teammates ground down relentlessly鈥攐r his many real and perceived foes, it was the federal government鈥檚 brigade of lawyers, who their $97 million fraud case for $5 million聽plus another chunk in fees. That's chump change for a guy who,聽according to an聽国产吃瓜黑料听辫谤辞蹿颈濒别 by S.C. Gwynne, reportedly told his friend his net worth was around 鈥100 milski.鈥澛燗nd of course, the settlement outraged many who believe that much of Armstrong鈥檚 fortune was utterly ill-gotten.

In a just world, a cheat on Armstrong鈥檚 scale should have to give back most or all of his gains. The question has always been: Give back to who? The competitors he beat? Not exactly angels鈥攖hough聽of course聽there are varying degrees of evil. The teammates who had to put up with his shit? Maybe, though many of them were cheating, too. The enemies he tried to destroy, even when he knew they were telling the truth? It would have been nice to see the Andreus and the LeMonds get something for what he put them through. At least Floyd Landis gets $1.1 million. But it鈥檚 still half a milski less than the $1.65 million that Landis鈥檚 own lawyer gets.

It was only a year ago that the federal judge in the case swatted down Armstrong鈥檚 motion for summary judgment, allowing the dispute to head toward trial. One can reasonably assume that Armstrong badly wanted it all to go away聽and had made settlement offers well north of what he ultimately paid. Why would the Department of Justice, which was heading pell-mell for trial, suddenly decide to cash out five years鈥 worth of holy war for five cents on the dollar? No one knows, although the statement released by the Armstrong camp on April 19 mentioned 鈥渟everal significant court rulings rejecting and limiting the plaintiffs鈥 damages theories.鈥

Whatever the case, it has聽always been difficult to see how the U.S. Postal Service was actually harmed by Armstrong鈥檚 doping. Perhaps in the form of his performance bonuses, which Armstrong consigliere Bill Stapleton liked to work into many of his contracts? Regardless, the USPS has much bigger problems now, such as whether it will exist in five years. But imagine how those contract negotiations might have gone if Armstrong had performed as poorly as he had in his first Tour outing, where he won a single stage and then dropped out before Paris. Andy Hampsten finished eighth that year. America yawned.

Some people dislike Armstrong because he cheated; others argue that his real crime was being a jerk. When the history of sport in this century is written, though, I think he鈥檒l be remembered for something else: helping transform athletics into something that more closely resembles organized crime.

Also, there was the matter of the government鈥檚 whistleblower and lead plaintiff, Landis, who could charitably be described as a flawed witness. He literally told a book鈥檚 worth of lies, and sought donations from the fans who still believed him, before he came clean. (Why he ruined his life basically to protect Armstrong, and didn鈥檛 tell all when he was caught, has always puzzled me.) He paid the price with his dark days of substance abuse before he decided to spill the beans. A million bucks seems about right. (Although he聽agreed聽to refund the money to donors to the Floyd Fairness Fund, which was set up to help pay for his legal defense,聽to avoid criminal prosecution.)

It鈥檚 worth remembering that Armstrong has lost a lot more than the $6 million or so in this settlement: all his sponsorships, private settlements with other parties, and much of his future earning power, along with his ability to compete in most public events, are gone. Imagine where he鈥檇 be if he hadn鈥檛 made the mistake of coming back to cycling in 2009 and stirring up a聽hornet鈥檚 nest in a sport that believed it was free of him and his toxic shtick. Governor of Texas? The U.S. Senate? Now he鈥檚 got a podcast.

Some people dislike Armstrong because he cheated; others argue that his real crime was being a jerk. When the history of sport in this century is written, though, I think he鈥檒l be remembered for something else: helping transform athletics into something that more closely resembles organized crime. He鈥檒l take his place between BALCO and the Russian state-sponsored doping machine for his part in driving the institutionalized corruption of sports.

Only he was smarter. Marion Jones played small ball and she went to jail. The Russians are pariahs forever. Team Lance, meanwhile, was pulling off the perfect long con. Armstrong聽came in at the precise moment when the sport was already reeling from doping scandals and somehow convinced the world that he was clean because he was American聽and a cancer survivor. He used science, via the brilliant Dr. Michele Ferrari, to transform himself from a one-day rider鈥攁bout whom nobody but hardcore U.S. roadies would give a crap鈥攖o a guy who could win the Tour, then leveraged his incredible survival story to make himself a wealthy global celebrity.

His thuggish associates kept the truth contained, at least for a while. Yet somehow, with regard to Landis and also Tyler Hamilton, he failed to learn the key lesson of The Sopranos: if you鈥檝e got a guy on the outside who鈥檚 disgruntled and knows too much, you either buy him off or take him fishing. Instead he let them hang. That obviously didn鈥檛 work out. On the other hand, Armstrong got out this mess for a relative pittance.

Meanwhile, the Tour de France is coming up, clouded by the fact that another recent champion, Team Sky鈥檚 Chris Froome, is聽in the crosshairs of suspicion. The similarities are uncanny. The sketchy aura of secrecy around the star, the lame denials and suspicious minor positive test (Froome for an inhaler drug, Lance for a corticosteroid in 1999), even聽the tactics, which are out of Postal鈥檚 playbook: amassing a really strong team, doping them to the gills (allegedly, in Sky鈥檚 case), and then grinding down the opposition. (During one particularly blatant year, 2003, U.S. Postal riders swept four of the top ten spots in the race鈥檚 final time trial.) It never ends.

Meanwhile, Lance is going gray and shaggy, working on being a dad, sending his son off to play football in the fall, and聽in all likelihood聽spending more time at his home in Aspen. Floyd is a chubby weed magnate in Colorado. They seem relatively happy, all things considered. It鈥檚 probably a good thing that they, and we, can finally move on.

Lead Photo: Joel Saget/AFP/Getty

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