Update: Court Upholds CSAC Suspension of Silva
Loretta Hunt Apr 10, 2009
LOS ANGELES -- The Los Angeles Superior Court upheld the California
State Athletic Commission’s one-year suspension of Antonio
Silva for steroid use on Friday, rejecting a “writ of mandate”
ruling that would have superseded the CSAC’s findings.
Silva’s attorney, Howard Jacobs, had filed the civil action against the CSAC on Jan. 7, the first known case in which a mixed martial artist has legally contested a decision outside the state regulatory body.
The 28-year-old Brazilian was suspended after allegedly testing
positive for Boldenone metabolite following his July 26 heavyweight
championship contest against Justin
Eilers at an EliteXC event in Stockton, Calif.
Silva’s suspension, which runs through July 27, 2009, was upheld at a CSAC appeals hearing on Oct. 22 by a five-count unanimous vote.
Jacobs also argued that Novedex is currently classified as an over-the-counter supplement, and not a drug, by the Food and Drug Administration.
Rule 303 of the California Code of Regulations states that “the use of any drugs, alcohol or stimulants, or injections in any part of the body” is prohibited by the athlete prior to a contest.
Novedex, which contains the testosterone booster ATD, is not included on the CSAC’s current list of banned substances.
However, Judge David P. Yaffe ruled that Novedex could be classified as a drug because it “enhances the structure or function of the body.”
Judge Yaffe was skeptical of Silva’s admission to Novedex use after he allegedly tested positive for the steroid (Silva did not list Novedex on his pre-fight medical paperwork), as the supplement has caused false readings for Boldenone before due to its similar metabolism into the body.
“[Novedex] makes it impossible for the test that was used to determine that your client was taking the steroids to show [he took it], because it would also show that he took this drug. That’s his excuse,” said Judge Yaffe.
Judge Yaffe said Silva’s failure to disclose his Novedex use prior to his testing could be construed as circumstantial evidence that he knew the supplement could mimic the steroid results.
Silva’s manager, Alex Davis, decried the court’s allegations.
“Antonio is still innocent. He did not use Boldenone,” wrote Davis via email following the ruling. “Novedex is not on, or wasn't on the CSAC forbidden substance list, and Antonio was not aware that it could cause a false positive.”
Jacobs, who also represented former UFC lightweight champion Sean Sherk in his steroids appeal with the CSAC in 2007, held fast to his argument that Novedex and other over-the-counter nutritional supplements are not classified as drugs.
“If the state athlete commission wants to ban substances that are in supplements, they need to change their statute. Their statute’s a joke,” Jacobs told Sherdog.com afterward. “It says that you can’t take drugs, and there’s no definition of drugs. You have an athlete from another country, who’s buying a supplement over the counter. Obviously, he’s not thinking it’s a drug because you need a prescription for a drug.”
Jacobs suggested the commission adopt a prohibited substance list, such as the one maintained by the World Anti-Doping Agency (WADA) and followed by other sports, to prevent further confusion.
The CSAC will now review Silva’s license for potential revocation following the fighter’s participation at a Jan. 4 event in Japan. Silva earned a technical knockout over Yoshihiro Nakao at World Victory Road’s “Sengoku Seventh Battle” at 1:42 of the first round.
The regulatory agency contends Silva violated the state’s Business and Professions Code 18850, which states that, “any boxer or martial arts fighter who participates in a contest or match while under suspension by the commission, or any other recognized commission, shall have his or her license revoked.”
The CSAC could freeze Silva’s California license in one-year increments until the commission votes again to reinstatement him. The commission could also vote to not revoke the license, alter Silva’s suspension, and impose a fine.
Jacobs said he would have to review the ruling with Silva and his manager Davis, who were not in attendance, before deciding their next course of action.
Editor’s Note: This article was updated at 8:45 p.m. EST to include additional information.
Silva’s attorney, Howard Jacobs, had filed the civil action against the CSAC on Jan. 7, the first known case in which a mixed martial artist has legally contested a decision outside the state regulatory body.
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Silva’s suspension, which runs through July 27, 2009, was upheld at a CSAC appeals hearing on Oct. 22 by a five-count unanimous vote.
On Friday, Jacobs argued that the CSAC acknowledged that the
positive test could have been attributed to the steroid or the
over-the-counter nutritional supplement Novedex, but the state
agency erroneously misplaced the burden of proof on the fighter to
prove he had taken the supplement.
Jacobs also argued that Novedex is currently classified as an over-the-counter supplement, and not a drug, by the Food and Drug Administration.
Rule 303 of the California Code of Regulations states that “the use of any drugs, alcohol or stimulants, or injections in any part of the body” is prohibited by the athlete prior to a contest.
Novedex, which contains the testosterone booster ATD, is not included on the CSAC’s current list of banned substances.
However, Judge David P. Yaffe ruled that Novedex could be classified as a drug because it “enhances the structure or function of the body.”
Judge Yaffe was skeptical of Silva’s admission to Novedex use after he allegedly tested positive for the steroid (Silva did not list Novedex on his pre-fight medical paperwork), as the supplement has caused false readings for Boldenone before due to its similar metabolism into the body.
“[Novedex] makes it impossible for the test that was used to determine that your client was taking the steroids to show [he took it], because it would also show that he took this drug. That’s his excuse,” said Judge Yaffe.
Judge Yaffe said Silva’s failure to disclose his Novedex use prior to his testing could be construed as circumstantial evidence that he knew the supplement could mimic the steroid results.
Silva’s manager, Alex Davis, decried the court’s allegations.
“Antonio is still innocent. He did not use Boldenone,” wrote Davis via email following the ruling. “Novedex is not on, or wasn't on the CSAC forbidden substance list, and Antonio was not aware that it could cause a false positive.”
Jacobs, who also represented former UFC lightweight champion Sean Sherk in his steroids appeal with the CSAC in 2007, held fast to his argument that Novedex and other over-the-counter nutritional supplements are not classified as drugs.
“If the state athlete commission wants to ban substances that are in supplements, they need to change their statute. Their statute’s a joke,” Jacobs told Sherdog.com afterward. “It says that you can’t take drugs, and there’s no definition of drugs. You have an athlete from another country, who’s buying a supplement over the counter. Obviously, he’s not thinking it’s a drug because you need a prescription for a drug.”
Jacobs suggested the commission adopt a prohibited substance list, such as the one maintained by the World Anti-Doping Agency (WADA) and followed by other sports, to prevent further confusion.
The CSAC will now review Silva’s license for potential revocation following the fighter’s participation at a Jan. 4 event in Japan. Silva earned a technical knockout over Yoshihiro Nakao at World Victory Road’s “Sengoku Seventh Battle” at 1:42 of the first round.
The regulatory agency contends Silva violated the state’s Business and Professions Code 18850, which states that, “any boxer or martial arts fighter who participates in a contest or match while under suspension by the commission, or any other recognized commission, shall have his or her license revoked.”
The CSAC could freeze Silva’s California license in one-year increments until the commission votes again to reinstatement him. The commission could also vote to not revoke the license, alter Silva’s suspension, and impose a fine.
Jacobs said he would have to review the ruling with Silva and his manager Davis, who were not in attendance, before deciding their next course of action.
Editor’s Note: This article was updated at 8:45 p.m. EST to include additional information.
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