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Orlando Magic Player Blames DHEA for Failed Steroid Test

Orlando Magic Rashard Lewis violated the NBA/NBPA Anti-Drug Program after testing positive for “elevated testosterone levels” according to an official NBA statement. Lewis’ first violation of the league’s SPED policy (steroids, performance-enhancing drugs and masking agents) automatically resulted in a 10-game suspension. The suspension corresponds to a loss of $1.6 million of Lewis’ $18 million annual salary.

The NBA has not released specific details about the positive anti-doping test result other than stating Rashard Lewis had “elevated testosterone levels.” However, it is unlikely that the anti-doping protocol actually measured “testosterone levels” typically done through a blood test. The NBA/NBPA does not utilize blood testing as a component of their anti-doping protocols. Most likely, Lewis failed the urinary testosterone:epitestosterone ratio (T:E ratio) protocol.

The T:E ratio is a “ratio” of urinary testosterone and epitestosterone metabolites and NOT an absolute measurement of testosterone levels. A ratio that exceeds 4:1 or 6:1 depending on the sporting body is considered putative evidence of exogenous anabolic steroid use. It only measure suspect alterations in steroid metabolism. Testosterone levels can be low or normal even when the T:E ratio is excessive.

Rashard Lewis blamed the positive steroid test on his inadvertent use of DHEA (dehydroepiandrosterone) that was present in a smoothie powder he consumed.

"First and foremost I take full responsibility for the situation and accept the corresponding penalty,” said Lewis. “Toward the end of the season, I took an over-the-counter supplement which at the time I did not realize included a substance banned by the NBA.”

Lewis admitted using dietary supplements throughout his career to increase his energy levels and to help him gain weight.

"I've taken over-the-counter supplements throughout my career," Lewis said. "It's a long season and I take stuff you get from health stores -- things to keep your immune system up, help your energy level, stuff like that. Early in my career, I was real thin and drank the shakes to try to put on weight."

Most experts consider it unlikely that DHEA would cause a positive T:E ratio result. DHEA is converted to testosterone at a rate of less than 1.5%. Most studies have not shown an elevated T:E ratio from low to moderate DHEA supplementation that would be considered a violation under the NBA/NBPA anti-drug program.

It is nonetheless plausible that DHEA is the culprit in Rashard Lewis’ positive steroid test. A 1999 study entitled “Oral Dehydroepiandrosterone Supplementation Can Increase the Testosterone/Epitestosterone Ratio” provides support for Lewis’ claim. Drug testing expert Larry Bowers reported that one of four subjects had a dose-dependent increase in the T:E ratio in excess of 6:1 after consuming 50mg, 100mg and 150mg of DHEA.

"Look at me, I'm still skinny as hell. Does it look like I take steroids?," Lewis asked using his lack of a bodybuilder’s physique as proof of his innocence.

The NBA/NBPA SPED policy considers DHEA a prohibited steroid no different than Dianabol, Anadrol, or Deca Durabolin. The NBA is not alone. Most other sporting leagues, including all sports that have adopted the WADA Anti-Doping Code, also consider DHEA a prohibited steroid.

DHEA is perfectly legal for consumers in the United States to purchase and consume as a dietary supplement. DHEA is explicitly exempted from legally being classified as an anabolic steroid under the Anabolic Steroid Control Act.

The legal status of DHEA and other performance-enhancing substances as a “dietary supplements” is confusing to many athletes who are unable to reconcile this with “legal” supplements being “prohibited” in sports.

Travis Tygart of the United States Anti-Doping Agency believes the solution is to criminalize all dietary supplements that are banned in sports. In other words, all substances prohibited in sports should also be prohibited as dietary supplements under the criminal justice system to eliminate any confusion among athletes.

Sources

“Rashard Lewis suspended for violating Anti-Drug Program,” August 6, 2009

“Rashard Lewis: "I'm skinny as hell. Does it look like I take steroids?,” August 7, 2009

“Oral Dehydroepiandrosterone Supplementation Can Increase the Testosterone/Epitestosterone Ratio,” Clinical Chemistry. 1999;45:295-297

By Millard Baker

http://www.millardbaker.com

www.SteroidsRx.com

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

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

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

www.SteroidsRx.com

The Man with a Plan Focused on Legal Performance Enhancement in BALCO Aftermath

Texas Rangers outfielder Marlon Byrd has acknowledged using dietary supplements produced by Scientific Nutrition for Advanced Conditioning (SNAC). SNAC System is the supplement company owned by Victor Conte, the former mastermind behind the BALCO steroid scandal. While Conte has put the BALCO experience behind him to focus on the formulation of legal performance-enhancing supplements, his detractors have refused to allow him to escape the dreaded steroid stigma.

Marlon Byrd has been widely criticized by numerous sports writers for associating with Victor Conte. Byrd is nonetheless proud of his association and wanted to be listed as a “SNAC Athlete” on the SNAC website. He has been pleased with the results of using SNAC's Proglycosyn, Physiobalm, Aerobitine, Vitalyze and ZMA products during the past 18 months.

"People are going to question it. Of course, they are," Byrd told the Dallas Morning News. "His supplements work for me. The things that I'm taking are subtle supplementsto play the game. It's weird to say, but it's safer, in my opinion.”

The implication behind the criticisms is that Victor Conte can not be trusted. The argument is that since he produced undetectable steroids to help athletes cheat during the BALCO era, he would be more likely to introduce undetectable steroids into SNAC supplements. Such suggestions seem unfounded especially given the extra scrutiny facing Conte; Conte reports being extra vigilant with all SNAC products; SNAC supplements are produced in Good Manufacturing Practices (GMP) manufacturing facilities.

The irony behind the stigmatization and ostracism of Victor Conte is that Conte has engaged in the most open and honest dialogue regarding the use of performance enhancing drugs (PEDs) in professional sports of any participant associated with the BALCO scandal. It is no surprise that Marlon Byrd has placed his trust in someone who has approached performance enhancement so honestly. However, Byrd’s courage to disregard the stigma brought about by the contemporary steroid hysteria is, although refreshing, exceedingly uncommon.

"I've never been labeled a cheater. I know Victor has.” Byrd explained to the Dallas Morning News. “If I was doing something wrong, do you think I would have come out with it? I'm being honest."

Marlon Byrd opposed general manager Jon Daniels’ supplement recommendations for Texas Ranger players. The official team policy discourages the use of all supplements except for the few NSF certified and approved products. Daniels plans to sit down and discuss Byrd’s relationship with Victor Conte. But Daniels conceded that "Marlon's a veteran player who is a grown man and can make his own choices.”

“I don’t know if people are blackballing him,” Byrd told Steve Henson of Yahoo! Sport. “I don’t know how they will look at me. I’m not worried about it. I don’t care.”

Victor Conte’s past experience in providing illegal performance enhancing drugs to elite athletes like Marion Jones, Tim Montgomery, Dwain Chambers and Kelli White have made him a controversial figure. However, Conte also revealed that some athletes consume legal dietary supplements for many of the same reasons other athletes use anabolic steroids. These inconvenient truths that expose the hypocrisy behind the war on steroids make it difficult for Conte to escape the controversial shadow of BALCO.

“Where I drew the parallel between my legal products and anabolic steroids is that both are really about recovery, accelerating healing and tissue repair,” Conte explained in an interview with Yahoo! Sport. “What these products do, similar to what steroids do, is enable an athlete to recover quicker to do a deeper training load.

“You’re not going to get the type of benefit you would from anabolic steroids from any over-the-counter supplement. But can you get 25 percent of that effect with sophisticated nutritional support programs? Yes, you can.”

Marlon Byrd’s honesty about his use of dietary supplements, much like Victor Conte’s honesty about the reality of legal and illegal PED use in professional sports, should be cause for celebration. Regrettably, honesty is not always welcome. Sometimes the truth is too controversial.

Sources

“Byrd takes Conte’s supplements without apology,” June 24, 2009

“Marlon Byrd taking big risk working with Victor Conte,” June 25, 2009

“Rangers' Byrd stands by his decision about supplements,” June 26, 2009

By Millard Baker

http://www.millardbaker.com

www.SteroidsRx.com