As set forth in his affidavit, after Mr. Leipheimer was subpoenaed and testified truthfullyto a federal grand jury in a case involving Mr. Armstrong, in the course of a dinner at which Mr.Armstrong was seated next to Mr. Leipheimer, Mr. Armstrong sent a text message to Mr.Leipheimer’s wife stating, “run don’t walk.”
As Mr. Armstrong had not communicated with Mr. Leipheimer’s wife in several years, this message felt threatening to her.Thereafter, Mr. Leipheimer returned to the RadioShack cycling team, which Mr.Armstrong had participated in founding, in order to compete during the 2011 season as Mr.Leipheimer was under contract with the RadioShack team for that season. During the course of the 2011 cycling season Mr. Leipheimer experienced a number of threatening and intimidating actions from one or more team employees, including comments such as, “I never forget. One day I will pay back.”
Mr. Leipheimer also received information that the Team Director JohanBruyneel had stated that Mr. Leipheimer would not be re-signed by the RadioShack team because Mr. Leipheimer “had testified to the grand jury in the Lance Armstrong investigation.”
During the 2012 Tour de France, and shortly after Mr. Leipheimer was interviewed by USADA’s General Counsel in connection with this proceeding, Mr. Leipheimer’s wife received another text from Mr. Armstrong asking, “Are you in CA?” Due to the timing of the message,the fact that Mr. Armstrong was well aware that Mr. Leipheimer was out of the country and competing in the Tour de France, and as Mr. Leipheimer’s wife had not received a text from Mr.Armstrong since the time of the prior intimidating text, Mr. Leipheimer’s wife found the communication to be disturbing and concerning