Armstrong has enlisted the services of Los Angeles-based criminal-defense lawyer Bryan D. Daly, a former federal prosecutor and partner at the firm Sheppard Mullin Richter and Hampton.
Bryan D. Daly got his J.D. from Rutgers in 1985. He is known for, among other things, his experience in fraud cases. Seems to fit what Mr. Armstrong is up against.
Former riders and attorneys who have been in contact with federal authorities said investigators are focusing much of their attention on possible charges involving the misuse of public funds during the period that Armstrong’s team was sponsored by the U.S. Postal Service. While the Postal Service is now a self-supporting corporation, its funds are still considered to be “public” dollars. Misuse of public funds, particularly if they were used in the commission of a crime — including the illegal purchase and distribution of prescription drugs — could result in fraud charges being filed.
Committing fraud against the United States government is some serious business.
Daly announced his entrance into the fray with some rather boiler plate langauge.
“I was recently retained by Mr. Armstrong to assist him with respect to the investigation by the U.S. Attorney’s Office in Los Angeles,” Daly said in an e-mail to the Daily News. “I have no comment at this time, except to say that we are going to work diligently to find out precisely what, if anything, this investigation has to do with Mr. Armstrong.”
There is on more thing from that Velonews article that is bugging me. Tim Herman, an attorney for Mr. Armstrong said in a letter to assistant U.S. Attorney Doug Miller the following: “It is egregiously unfair and frustrating for New York reporters to have far more knowledge about this matter than Mr. Armstrong or his attorney.”
It would seem to me that all Mr. Herman, or any other attorney representing Mr. Armstrong, would have to do in order to obtain the same information the “New York reporters” have is ask. The state carries, as I understand it, no duty to provide such information without first being quired. And, even then, there are some things the state does not have to provide until this matter is a whole lot closer to trial, if at all. What does Mr. Herman expect of the situation?
Lance Armstrong’s attorney, Tim Herman, says he didn’t get a lot of information about the government’s intentions earlier this month when he visited California to sit down with the prosecutor overseeing a federal probe into potential doping conspiracies on Armstrong’s cycling teams.
According to Herman, assistant U.S. Attorney Doug Miller refused to “discuss or even hint at” the legal theories that he and other prosecutors are entertaining as they bring witnesses and evidence before a grand jury currently empaneled at the U.S. District Court in Los Angeles.
Mr. Herman will know what, if any, crime Mr. Armstrong is to be charged with when, and if, Mr. Armstrong is actually charged with a crime. Until then, the “legal theories” relied on by the government are cards played close to the chest.by