Magraken on Jones

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Onetrickpony

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Nov 21, 2016
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The Potential Wide Ranging Legal Fallout After Jon Jones’ UFC 214 Failed Drug Test
Posted on August 23, 2017 by EMagraken


TMZ reports that Jon Jones tested positive for the steroid turinabol during an in-competition drug test at UFC 214.

While Jones is entitled to due process before facing any sanctions, if the report is accurate and no mitigating factors exist he is facing a wide range of steep consequences for this doping violation.

First, under s. 10.1 of the UFC/USADA Anti-Doping Policy “ADP” his victory against Daniel Cormier can be overturned to a no-contest and the UFC can strip him of his title and purse with the section providing as follows:

An Anti-Doping Policy Violation occurring during, or in connection with, a Bout
may, upon the decision of UFC, lead to Disqualification of all of the Athlete’s results
obtained in that Bout with all Consequences, including, without limitation, forfeiture
of title, ranking, purse or other compensation


Next he can be facing a suspension under the ADP. Turinabol is a “non-specified substance” under the policy with a default 2 year suspension. Section 10.2.1 reads as follows:

The period of Ineligibility shall be two years where the AntiDoping
Policy Violation involves a non-Specified Substance or
Prohibited Method


Moving on to section 10.7 things can get worse for Jones as this would be his second ADP violation. This section requires a doubling of the penalty stating “For an Athlete or other Person’s second Anti-Doping Policy Violation, the period of Ineligibility shall be…twice the period of Ineligibility otherwise applicable to the second Anti-Doping Policy Violation treated as if it were a first violation“. In short 4 years.

Next the UFC can fine Jones up to $500,000 with section 10.10 stating “In addition to the other Consequences described under this Article 10, UFC may impose a fine on an Athlete or other Person who commits an Anti-Doping Policy Violation up to the sum of $500,000 depending on the seriousness of the violation and the relative compensation of the Athlete or other Person“.

Things don’t end there. The California State Athletic Commission, who regulated this bout, share concurrent jurisdiction with USADA to impose sanctions.

In addition to having the authority to suspend Jones’ licence the CSAC can hit him with a steep fine. Specifically “the commission may also assess a fine of up to 40 percent of the total purse for a violation of Section 18649 related to the use of prohibited substances.”. If you are asking, yes, turinabol use is a violation of section 18649 which adopts the WADA prohibited list.

Continued,

The Potential Wide Ranging Legal Fallout After Jon Jones’ UFC 214 Failed Drug Test

As always thanks to ErikMagraken @ErikMagraken for the legal insight.
 

delightone

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Dayuuum hope he got some of those millions he made earlier saved, at least to cover a year or four.
Guess Rizin will have a knew light/heavyweight champ in a few months if he gets his walking papers from the UFC.

There is one thing that maybe soften the blow a little bit, bulk up to heavyweight that division is made of mostly oldtimers by the time he comes back he can go and try out for that division and he still wouldn't be the oldest dude in the division.
 

Onetrickpony

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Dayuuum hope he got some of those millions he made earlier saved, at least to cover a year or four.
Guess Rizin will have a knew light/heavyweight champ in a few months if he gets his walking papers from the UFC.

There is one thing that maybe soften the blow a little bit, bulk up to heavyweight that division is made of mostly oldtimers by the time he comes back he can go and try out for that division and he still wouldn't be the oldest dude in the division.
I don't think there's any way the UFC will let his contract go. They will make him sit for the whole suspension rather than let him make money elsewhere. He may just say fuck it and go to Japan anyway, others have in the past.

ErikMagraken @ErikMagraken what would happen if jones did go to Japan and fight while under contract with WME? Could they sue him or is it out of jurisdiction?
 

delightone

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I don't think there's any way the UFC will let his contract go. They will make him sit for the whole suspension rather than let him make money elsewhere. He may just say fuck it and go to Japan anyway, others have in the past.

ErikMagraken @ErikMagraken what would happen if jones did go to Japan and fight while under contract with WME? Could they sue him or is it out of jurisdiction?
They gave Frank Mir his walking papers but i agree with you, Jones is in his prime years as a fighter.
The would give the competition a well known name that would be a stupid move business wise
 
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Papi Chingon

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Oct 19, 2015
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I don't think there's any way the UFC will let his contract go. They will make him sit for the whole suspension rather than let him make money elsewhere. He may just say fuck it and go to Japan anyway, others have in the past.

ErikMagraken @ErikMagraken what would happen if jones did go to Japan and fight while under contract with WME? Could they sue him or is it out of jurisdiction?
I'm not erik, but yes, absolutely. Since he is a US citizen they could even freeze bank accounts and place lines on personal property. The court could then order the sale of whatever they deemed necessary to pay off the debt and jon could face jail time for noncompliance with a court order.

If people could simply go overseas and compete, they would. The only people that can get away with it are foreign nationals from countries that don't cooperate with the united states government (ie. Brazil, russia). Those foreign nationals would need to make sure they didn't have owned property in the US, and would never be able to enter american soil again without facing arrest. Furthermore, they would be at risk of arrest if they travel to the vast majority of countries that do cooperate with the US. Having said all that, it really depends on the amount won in court and how vigilant the attorneys are for the party taking the loss. Most will file a judgement, then renew it once or twice after it expires. WME has a full legal team on payroll, so it probably wouldn't cost them any more to have them be as aggressive as possible.

I don't believe a fighter has to pay a commission though, as long as they never want to fight again in that country (see brock lesnar).
 

Onetrickpony

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I'd DC were to sue jones and win it would likely be the biggest deterrent for using steroids in the history of the UFC.

Once that precedent is set anyone who tested positive after KOing or TKOing their opponent would be fucked.
 

ErikMagraken

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I don't think there's any way the UFC will let his contract go. They will make him sit for the whole suspension rather than let him make money elsewhere. He may just say fuck it and go to Japan anyway, others have in the past.

ErikMagraken @ErikMagraken what would happen if jones did go to Japan and fight while under contract with WME? Could they sue him or is it out of jurisdiction?
Yes, they would sue him. Probably get an injunction before the fight or else sue him for damages after the fight.
 

Robbie Hart

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Feb 13, 2015
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I'd DC were to sue jones and win it would likely be the biggest deterrent for using steroids in the history of the UFC.

Once that precedent is set anyone who tested positive after KOing or TKOing their opponent would be fucked.
TBH, I said this when Alvarez had his orbital broken by Giblert.......it's just not right.
 

Rambo John J

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I'd DC were to sue jones and win it would likely be the biggest deterrent for using steroids in the history of the UFC.

Once that precedent is set anyone who tested positive after KOing or TKOing their opponent would be fucked.
for that reason I endorse a lawsuit

Wanna clean up the sport? Give cheaters no payday and dig into their bank account(if they have one)...put them on the street sleeping on a pile of leaves

Free passes to jon have only enabled him and given the sport a poked eye.
 

SCADA

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Oct 10, 2016
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He's one of the twats that always throws out wild assumptions and possibilities.
 

Onetrickpony

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He's one of the twats that always throws out wild assumptions and possibilities.
I'd think that would apply more to you than an experienced lawyer commenting on a current situation and using case law to substantiate his predictions.