2013-14 Case Materials

2013-14 CASE MATERIALS

Permission to duplicate portions of this manual for non-profit, educational purposes is hereby granted, provided acknowledgment is given to Indiana Mock Trial Association, Inc.

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INTRODUCTION

On behalf of Indiana Mock Trial Association, Inc., we welcome your participation in the 2013-2014 Mock Trial competition. This year’s mock trial case takes us into the world ofsports and the use of steroids. The defendant is an accomplished track and field athlete with numerous medals, awards, high-paying salary and lucrative endorsement deals to show for his/her athletic prowess. The defendant, however, tested positive for anabolic androgenic steroids at the 2012 US Olympic Track & Field Time Trials. Defendant’s case was heard by an arbitration panel in which defendant repeatedly denied the use of steroids, and claimed sabotage. Another witness, a sports massage therapist, admitted to sabotaging the defendant with a steroidal cream during a massage immediately prior to time trials. The arbitration panel determined that defendant had provided substantial evidence that he/she was not at fault or negligent for the steroids detected, and thereby eliminated the two year period of ineligibility that would have been imposed otherwise for steroid use. Months later, the United States Anti-Doping Agency learned that Defendant had allegedly lied under oath during the hearing before the arbitration panel and had bribed a witness to cover up his/her steroid use. The defendant has now been charged with perjury, subornation of perjury, bribery, and obstruction of justice through witness tampering under federal law.

Students – Through participation you will experience what it is like to prepare for and present a case before a judge. Working with your team and coaches, you will learn to evaluate information and respond quickly. As you prepare, you will sharpen public speaking and presentation skills. The greatest benefit is the opportunity to learn how the legal system works. By studying and understanding courtroom procedure, you should become more comfortable with federal and state laws as part of the legal system. Your interaction with some of Indiana’s finest attorneys and judges will give you a glimpse of the different interpretations of trial procedure and different approaches of individuals in the legal arena.

Teacher Coach, Attorney Coach, or Judge – We strongly encourage you to focus on the goal of participation by students rather than stressing competition while preparing for the competition. Your contributions of time and talent are making many experiential educational opportunities available annually to many Indiana students. Your participation is an essential key element to the success of this program. You can be proud of the impact you have made on the lives of these students.

Good Luck and Have Fun!

Permission to duplicate portions of this manual for non-profit, educational purposes is hereby

granted, provided acknowledgment is given to Indiana Mock Trial Association, Inc.

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CASE BACKGROUND

In 2012, Chase Gold, an Olympian sprinter, was looking to qualify for the US Olympic Track & Field team at the Time Trials held in Indianapolis. Gold had two gold and one bronze medals from the 2008 Beijing Summer Olympics. However, due to Chase’s aging years and a severe injury, it was an uphill battle. Yet, Chase pulled off a third place finish in the 100m and a fourth place finish in the 200m, which were enough to qualify for the US Olympic team.

As part of the protocol of the United States Anti-Doping Agency (USADA), which governs U.S. Olympic events, Chase’s third place finish automatically required him/her to submit to a urine test. Chase was subsequently notified that the urine tests were positive for a synthetic anabolic androgenic steroid. A positive test for a performance enhancing drug is a violation of the USADA rules and the typical sanction is a two year ineligibility period. Chase did not challenge the test results of his/her urine, but rather argued that the steroids were in his/her body due to sabotage by a sports massage therapist who had volunteered to provide massages at the event.

The sports massage therapist, Cash Yurchek, allegedly initially told the USADA that he/she observed Gold suspiciously applying a cream to his/her legs prior to the race. At the hearing on the anti-doping violation, Yurchek recanted his/her prior statements to the USADA. He/she denied that he/she saw Gold applying a suspicious substance. Even more astounding, Yurchek confessed to sabotaging Gold’s track career by tainting massage cream with steroids. Consequently, the arbitration panel eliminated Gold’s ineligibility period.

Subsequently, Yurchek again revised his/her story and told the USADA that he/she had been coerced to lie at the hearing by Chase Gold and track coach Brighton Early. Yurchek claims Gold bribed Yurchek with money and the promise for permanent residentalien status. Gold has now been charged with the crimes of perjury, subornation of perjury, bribery and obstruction of justice. The parties will call the following witnesses:

Prosecution:

Lee Ving CEO of USADA

Cash Yurchek Sports Massage Therapist

Colin CardEx-Sports Agent

Defendant:

Chase Gold Athlete/Defendant

Brighton EarlyAthletic Coach/Trainer

Sam Pohl Expert Witness

EXHIBIT LIST

Exhibit 1 – USADA Mission Statement

Exhibit 2 – USADA Athlete’s Guide to WADA Prohibited List Excerpts

Exhibit 3 – USADA Informational Sheet on Risks of Steroids

Exhibit 4 – Report of Urine A Sample for Chase Gold

Exhibit 5 – Report of Urine B Sample for Chase Gold

Exhibit 6 – USADA Notification Letter to Chase Gold

Exhibit 7 – Report of Urine Sample for Cash Yurchek

Exhibit 8 – Excerpts of American Arbitration Association Proceedings for Chase Gold

Exhibit 9 – Bank Records of Cash Yurchek

Exhibit 10 – Excerpts of Bank Records of Chase Gold

Exhibit 11 – Curriculum Vitae of Sam Pohl

The Case Background is not to be used as evidence in the case, but rather is provided for background purposes only. This case is a work of fiction. The names and events described herein are intended to be fictional. Any similarity or resemblance of any character to an actual person or entity should be regarded as only fictional for purposes of this mock trial exercise.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

UNITED STATES OF AMERICA)

)

)Case No. 13-2054

v.)

)

CHASE GOLD)

INDICTMENT

Introductory Allegations

The Grand Jury charges:

Chase Gold is an elite athlete with an accomplished career in track. Chase Gold has participated in multiple 100m and 200m events. Chase Goldis a member of the USA Track & Field, Inc. (USATF).
Chase Gold is the 2008 Olympic 100m gold, 200 mbronze, and 4x100m relay gold medalist. Chase Gold also is the 2009 World and Outdoor USA 100m and 200m Champion.
Brighton Early is an athletic trainer who assisted Chase Gold in training for track events and preparation for the 2012 Summer Olympics. Brighton Earlyacquired performance enhancing drugs (PEDs) and provided them to athletes, including Chase Gold.
Cash Yurchek is a sports massage therapist who volunteered with the USATF to provide massage therapy at the U.S. Olympic Track & Field Time Trials held June 21 – 24, 2012 in Indianapolis, Indiana.
The United States Anti-Doping Agency, is the independent anti-doping agency for Olympic sports in the United States and is responsible for conducting drug testing and adjudication of positive test results pursuant to the USDA Protocol for Olympic and Paralympic Movement Training.
Chase Gold qualified for the Olympic Track & Field team by placing third in the 100m and fourth in the 200m finals ofthe U.S. Olympic Time Trials held in Indianapolis on June 24, 2012.
Chase Goldgave a urine sample on June 24, 2012 as part of the USADA In-Competition testing program.
Carbon isotope ration (CIR) analysis showed that Chase Gold’s sample contained values consistent with the administration of a synthetic anabolic androgenic steroid.
Anabolic Androgenic Steroids, including creams, are prohibited on the 2012 WADA Prohibited List.

Perjury

The United States of America incorporates the allegations contained in paragraphs 1 – 10 as if fully set forth herein.
On or about the 9th day of May, 2013, an evidentiary hearing was conducted in Indianapolis by the American Arbitration Association to adjudicate the issue of Chase Gold’s use of Performance-Enhancing Drugs at the U.S. Olympic Time Trials for Track and Field on June 24, 2012.
Chase Gold, having duly taken an oath for said evidentiary hearing, stated that he/she would testify truthfully, did willfully and knowingly and contrary to said oath state material matter which he/she did not believe to be true, that is to say:Chase Gold testified that he/she had not used performance-enhancing drugs on or before the June 24, 2012 Time Trials.
Furthermore, Chase Gold claimed Cash Yurchek applied cream containing an Anabolic Androgenic Steroid without Chase Gold’s knowledge to sabotage Chase Gold’s career.
Cash Yurchek testified at said evidentiary hearing and admitted that Cash Yurchek applied a steroid cream to Chase Gold as an act of sabotage.
At said evidentiary hearing, it was material to the hearing to determine whether Chase Gold had No Fault or Negligence in the positive test result of an Anabolic Androgenic Steroid.
Chase Gold’s testimony was false and in violation of 18 U.S.C. Sec. 1621.

III

Subornation of Perjury

The United States of America incorporates the allegations contained in paragraphs 1 – 16 as if fully set forth herein.
On or before the9th day of May, 2013, the defendant, Chase Gold, did willfully suborn and procure one Cash Yurchekto commit perjury by testifying falsely under oath to a material matter in a case entitled United States Anti-Doping Agency v. Chase Goldbefore the American Arbitration Association.
It was material to the said Arbitration matter to determine whether Chase Gold had used performance-enhancing drugs on or before the June 24, 2012 Time Trials, and whether a positive test for Anabolic Androgenic Steroids in Chase Gold’s urine sample was the result of sabotage.
The defendantChase Gold on or before the May 9, 2013 hearing, willfully suborned and procured Cash Yurchekto testify falsely in the evidentiary hearing before the American Arbitration Association that Cash Yurchek had sabotaged the cream applied by Cash Yurchek for Chase Gold’s massage prior to the June 24, 2012 Time Trials, and consequently Cash Yurchek falsely testified under oath in the proceedings thatCash Yurchek had used a steroid based massage cream on Chase Gold in an attempt to sabotage Chase Gold’s track and field career.
The testimony of Cash Yurchekwas false and perjurious as both Cash Yurchekand the defendantChase Gold well knew, all in violation of Title 18, U.S.C. §1622.

Bribery

The United States of America incorporates the allegations contained in paragraphs 1 – 21 as if fully set forth herein.
Chase Gold corruptly offered, or promised Cash Yurchek to provide Cash Yurchek with money and made payments to Cash Yurchek with intent to influence Cash Yurchek’s testimony under oath as a witness at the hearing by the American Arbitration Association on the charges brought by the US Anti-Doping Agency, all in violation of Title 18, U.S.C. §201.
Chase Gold corruptly offered, or promised Cash Yurchek to provide Cash Yurchek witha fictitious spouse to enable Cash Yurchek to obtain permanent resident alien status with intent to influence Cash Yurchek’s testimony under oath as a witness at the hearing by the American Arbitration Association on the charges brought by the US Anti-Doping Agency, all in violation of Title 18, U.S.C. §201.

Obstruction of Justice (Witness Tampering)

The United States of America incorporates the allegations contained in paragraphs 1 – 24 as if fully set forth herein.
Chase Gold knowingly and corruptly persuaded Cash Yurchek, with intent to influence Cash Yurchek’s testimony in an official proceeding, all in violation of Title 18, U.S.C. §1512.

VI
JURISDICTION AND VENUE

The crimes charged in this indictment were carried out within the Southern District of Indiana within the five years preceding the return of this indictment.

DATED: October 22, 2013
A TRUE BILL
/s/ Joe Public______
FOREPERSON
Joe Public
/s/ Justice Wynns _
Justice Wynns
United States Attorney
Southern District of Indiana
U.S. Department of Justice
10 W. Market Street
Indianapolis, IN 46204

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

UNITED STATES OF AMERICA)

)

)Case No. 13-2054

v.)

)

CHASE GOLD)

STIPULATIONS

Note: No witness may contradict or deny knowledge of the facts contained in the stipulations.

All exhibits included in these Case Materials are authentic and accurate in all respects; no objection to the authenticity of these exhibits will be entertained. Unless stated otherwise herein, the admissibility of the exhibits on other grounds may be challenged. Stipulated facts may be offered as evidence, without objection, except relevancy objections may be permitted.
All witness statements were signed under oath by each witness. Each witness has reviewed his/her statement for accuracy, and no changes were made. Each exhibit or statement that bears a signature or initials of a witness has been signed by the witness on the date indicated on the exhibit or statement.
The sample collections for Chase Gold’s urine specimen were conducted appropriately and without error.
The chain of custody for the samples from the time of collection and processing the samples at the University of California Los Angeles Laboratory (UCLA Laboratory) and the Sports Medicine Research and Testing Laboratory in Salt Lake City, Utah (Sports Medicine Laboratory) were conducted appropriately and without error.
The UCLALaboratory and the Sports Medicine Laboratory are accredited laboratories of the World Anti-Doping Agency.
The UCLA Laboratory, through accepted scientific procedures and without error, determined through carbon isotope ration (CIR) analysis that Chase Gold’s SampleA contained values consistent with the administration of a synthetic anabolic androgenic steroid. Exhibit 4 is admissible without objection.
The Sports Medicine Laboratory through accepted scientific procedures and without error, determined through carbon isotope ration (CIR) analysis that Chase Gold’s Sample Bcontained values consistent with the administration of a synthetic anabolic androgenic steroid. Exhibit 5 is admissible without objection.
Anabolic Androgenic Steroids, including creams, are prohibited on the 2012 WADAProhibited List.
The positive test is a doping offense in violationof the WADA code.
This is Chase Gold’s first doping offense.
The UCLA Laboratory, through accepted scientific procedures and without error, determined through carbon isotope ration (CIR) analysis that Cash Yurchek’s Sample contained no evidence of anabolic androgenic steroids. Exhibit 7 is admissible without objection.
Exhibits 1, 2, 3, and 6 are kept in the course of regularly conducted activity of the United States Anti-Doping Agency (USADA), and it is the regular practice of the USADA to make such records. Lee Ving is the custodian of such records.
Exhibits 9 and 10 are admissible without objection.
Exhibit 11 is admissible without objection.

APPLICABLE LAW

18 USC 1621 Perjury

Whoever—

(1)having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or

(2)in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;

is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

18 USC 1622 Subornation of Perjury

Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.

18 USC 201 – Bribery

Whoever—

(3) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom;

(4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom;

shall be fined under this title for not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.

18 USC 1512 Tampering with a Witness or Informant

(b) (1)Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to influence, delay, or prevent the testimony of any person in an official proceedingshall be fined under this title or imprisoned not more than 20 years, or both.