The case of Erik Morales, who has held world titles in three weight divisions, is an example.
Under standard sports drug testing protocols, when blood or urine is taken from an athlete, it is divided into an “A” and “B” sample. The “A” sample is tested first. If it tests negative, end of story; the athlete has tested “clean.” If, however, the “A” sample tests positive, the athlete has the right to demand that the “B” sample be tested. If the “B” sample tests negative, the athlete is presumed to be clean. But if the “B” sample also tests positive, the first positive finding is confirmed and the athlete then has a problem.
In 2012, Erik Morales was promoted by Golden Boy, which, as earlier noted, was under the leadership of Richard Schaefer.
Golden Boy was the lead promoter for an Oct. 20 fight card at Barclays Center in Brooklyn that was to be headlined by Morales vs Danny Garcia.
On Thursday, Oct. 18, 2012, the website Halestorm Sports reported that Morales had tested positive for a banned substance. Thereafter, Golden Boy and USADA engaged in damage control.
Al Bello/Getty Images for Golden Boy Promotions
Above: Erik Morales after his 2012 fight against Danny Garcia
Dan Rafael of ESPN.com spoke with two sources and wrote, “The reason the fight has not been called off, according to one of the sources, is because Morales’ ‘A’ sample tested positive but the results of the ‘B’ sample test likely won’t be available until after the fight. ‘[USADA] said it could be a false positive,’ one of the sources with knowledge of the disclosure said.”
Richard Schaefer told Chris Mannix of SI.com, “USADA has now started the process. The process will play out. There is not going to be a rush to judgment. Morales is a legendary fighter. And really, nobody deserves a rush to judgment. You are innocent until proven guilty.”
Then, on Friday, one day before the scheduled fight, Keith Idec revealed on Boxing Scene that samples had been taken from Morales on at least three occasions. Final test results from the samples taken on Oct. 17 were not in yet. But both the “A” and “B” samples taken from Morales on Oct. 3 and Oct. 10 had tested positive for clenbuterol. In other words, Morales had tested positive for clenbuterol four times.
JC Olivera/Getty Images
Morales tested positive for clenbuterol four times before fighting Danny Garcia
Clenbuterol, a therapeutic drug first developed for people with breathing disorders such as asthma, is widely used by bodybuilders and athletes. It helps the body increase its metabolism and process the conversion of carbohydrates, proteins, and fats into useful energy. It also boosts muscle growth and eliminates excess fats caused by the use of certain steroids. Its therapeutic use is banned in the United States, as is its use in animals raised for human consumption. It is also banned by WADA.
Under the WADA prohibited list, no amount of clenbuterol is allowed in a competitor’s body. The measure is qualitative, not quantitative. Either clenbuterol is there or it is not.
According to a report in the New York Daily News, after Morales was confronted with the positive test results, he claimed a USADA official suggested that he might have inadvertently ingested clenbuterol by eating contaminated meat. Meanwhile, the New York State Athletic Commission issued a statement referencing a representation by Morales that he “unintentionally ingested contaminated food.”
However, no evidence was offered in support of the contention that Morales had ingested contaminated meat.
Nor was any explanation forthcoming as to why USADA kept taking samples from Morales after four tests (two “A” samples and two “B” samples from separate collections) came back positive. Giving Morales these additional tests was akin to giving someone who has been arrested for driving while intoxicated a second and third blood test a week after the arrest.
The moment that the “B” sample from Morales’ first test came back positive, standard testing protocol dictated that this information be forwarded to the New York State Athletic Commission. But neither USADA nor Richard Schaefer did so in a timely manner. Rather, it appears as though the commission and the public may have been deliberately misled in regard to the testing and how many tests Morales had failed.
New York State Athletic Commission sources say that the first notice the NYSAC received regarding Morales’ test results came in a three-way telephone conversation with representatives of Golden Boy and USADA after the story broke on Halestorm Sports. In that conversation, the commission was told that there were “some questionable test results” for Morales but that testing of Morales’ “B” sample would not be available until after the fight.
Travis Tygart has since said, “The licensing body was aware of the positive test prior to the fight. What they did with it was their call.”
That’s terribly misleading.
This writer submitted a request for information to the New York State Athletic Commission asking whether it was advised that Erik Morales had tested positive for Clenbuterol prior to the Oct. 18, 2012, revelation on Halestorm Sports.
On Aug. 10, 2015, Laz Benitez (a spokesperson for the New York State Department of State, which oversees the NYSAC) advised in writing, “There is no indication in the Commission’s files that it was notified of this matter prior to October 18, 2012.”
The Garcia-Morales fight was allowed to proceed on Oct. 20, in part because the NYSAC did not know of Morales’ test history until it was too late for the commission to fully consider the evidence and make a decision to stop the fight. Since then, people in the PED-testing community have begun to openly question the role played in boxing by USADA. What good are tests if the results are not properly reported?
Don Catlin founded the UCLA Olympic Analytical Laboratory in 1982 and is one of the founders of modern drug testing in sports. Three years ago, Catlin told this writer, “USADA should not enter into a contract that doesn’t call for it to report positive test results to the appropriate governing body. If it’s true that USADA reported the results [in the Morales case] to Golden Boy and not to the governing state athletic commission, that’s a recipe for deception.”
When asked about the possibility of withholding notification because of inadvertent use (such as eating contaminated meat), Catlin declared, “No! The International Olympic Committee allowed for those waivers 25 years ago, and it didn’t work. An athlete takes a steroid, tests positive, and then claims it was inadvertent. No one says, ‘I was cheating. You caught me.’”
Victor Conte is in accord and says, “The Erik Morales case was a travesty. If you’re doing honest testing, you don’t have a positive “A” and “B” sample and then another positive “A” and “B” sample and keep going until you get a negative result.”
In the absence of a credible explanation for what happened or an acknowledgement by USADA that there was wrongdoing that will not be repeated, the Erik Morales matter casts a pall over USADA.
The way things stand now, how can any of USADA’s testing in any sport be trusted by the sports establishment or the public? Would USADA handle the testing of an Olympic athlete the way it handled the testing of Erik Morales?
Can Boxing Trust USADA's drug testing?