- Armstrong Fights Ex-Teammate Over Documents in Fraud Case
- Lance Armstrong, Prosecutors Feud Over Evidence in Fraud Suit
- Fraud Claims Against Lance Armstrong to Proceed
Landis claims that Armstrong’s lawyers at Williams & Connolly perpetuated lies about Armstrong’s use of performance-enhancing drugs, including making false statements to the U.S. Anti-Doping Agency and challenging doping allegations in arbitration and in court proceedings. The firm’s involvement triggered the crime-fraud exception to attorney-client privilege, Landis’ lawyers argued.
They also said that although Capital Sports acted as an agent for Armstrong, Williams & Connolly couldn’t claim attorney-client privilege over its communications with Capital Sports because it was not a client.
“Clearly, if the CSE defendants knew of Armstrong‟s doping then they were part of the deception and their claims of common interest or attorney-client privilege as to their communications with W&C would fail under the crime-fraud exception just as Armstrong‟s do,” Landis’ lawyers argued. “If on the other hand, we were to accept for purposes of this motion that the CSE defendants didn‟t know the truth, then the CSE defendants were mere pawns in Armstrong‟s efforts to use W&C to further his ongoing fraudulent scheme and they were not truly being used for the purpose of facilitating candid communications between a client and his lawyer.”
The U.S. Department of Justice did not sign onto Landis’ request, but Landis’ lawyers told the court that the government does not oppose it. Landis, who has admitted doping while he was a member of the Postal Service team, brought the False Claims Act case against Armstrong in 2010. The federal government in 2013 announced it was joining the case.
Certain sections of Landis’ request are redacted. At least some of those sections appeared to relate to exhibits that were not made available to the public.
Armstrong has repeatedly fought with DOJ and Landis over what documents each of the parties must turn over in the case. Last month, Armstrong filed papers with the court that accused Landis of refusing to produce documents about his “own false denials of doping during his cycling career.”
Below: Read Floyd Landis’ motion to compel Williams & Connolly to turn over documents.