On December 30, 2009, Manny Pacquiao sued Floyd Mayweather Jr., Floyd Sr. (Floyd’s father), Roger Mayweather (Floyd’s uncle and trainer), Mayweather Promotions, Golden Boy Promotions CEO Richard Schaefer and Oscar De la Hoya for defamation. Pacquiao’s complaint, filed in the United States District Court of Nevada, alleged that each of the defendants had falsely accused him of using, and continuing to use, illegal performance-enhancing drugs.
Mayweather has gone to great lengths to position himself in the public mind as a “clean” fighter. For his three most recent fights (against Shane Mosley, Victor Ortiz and Miguel Cotto), he has mandated that he and his opponent be subjected to what he calls “Olympic-style testing” by the United States Anti-Doping Agency (USADA).
USADA is an independent non-governmental sports drug-testing agency whose services are utilized by the United States Olympic and Paralympic movement. It receives approximately $10,000,000 annually in public funding, more in years when the Olympics are held. USADA was paid a reported $100,000 per fight for the drug-testing services it performed in conjunction with Mayweather’s outings.
Victor Conte is one of the most knowledgeable people in sports with regard to the use of, and testing for, performance-enhancing drugs. In 1984, Conte founded the Bay Area Laboratory Co-Operative (BALCO), which was at the heart of several much-publicized PED scandals. In 2005, he pled guilty to charges of illegal steroid distribution and tax fraud and spent four months in prison. After being released from incarceration, Conte moved to the side of the angels and is now a formidable advocate for “clean” sport.
“Mayweather is not doing Olympic-style testing,” Conte states. “I’ve never liked the use of that phrase. ‘Olympic’ means 24-7-365. To be effective, drug testing has to be 24 hours a day, seven days a week, 365 days a year. The benefits that an athlete retains from using anabolic steroids and certain other PEDs carry over for months. That means athletes can develop their strength and speed base early and the benefits of PED use will last after that use has been discontinued. If you wait to start testing until eight to 10 weeks in advance of a fight, which is what Mayweather does, that’s not Olympic-style testing. Who knows what Mayweather or his opponent has been doing during the previous six months?”
Tests for a Mayweather fight generally begin around the time of the kick-off press tour heralding Floyd’s annual ring appearance. Floyd and his opponent agree to keep USADA advised as to their whereabouts and submit to an unlimited number of unannounced blood and urine tests. Other details (such as what drugs are being tested for, how samples are analyzed and what happens in the event of a positive test) are murky.
Mayweather and his promoter (Golden Boy Promotions) have gone to great lengths to propagate the notion that they’re in the forefront of PED testing to “clean up” boxing. In return, they’ve reaped a public relations bonanza. But some members of Team Mayweather haven’t been content to simply disseminate a positive message with regard to Floyd’s conduct. They’ve chosen instead to brand Pacquiao (Mayweather’s chief rival) as a PED user.
Floyd Mayweather Sr. declared, “[Pacquiao] can’t beat Clottey without that sh*t in him. He couldn’t beat De la Hoya without that sh*t. He couldn’t beat Ricky Hatton without that sh*t. And he couldn’t beat Cotto without that sh*t. I don’t even think he could beat that kid from Chicago [David Diaz] without that sh*t. He wouldn’t be able to beat any of those guys without enhancement drugs.”
Not to be outdone, Roger Mayweather proclaimed, “This mother**ker don’t want to take the test. That’s why the fight [Mayweather vs. Pacquiao] didn’t happen. He got that sh*t in him. That’s why he didn’t want to take the test.”
References to Pacquiao’s alleged PED use by the other defendants in the defamation action were more subtle. But their message was similar.
The court case moved slowly as litigation often does. Last year, the claims against Schaefer and De la Hoya were dismissed with the consent of Pacquiao’s attorneys after Richard and Oscar apologized and stated that they had never meant to suggest that Manny was using performance-enhancing drugs.
The Mayweathers continued to fight the complaint. Floyd’s conduct in failing to appear for a scheduled deposition on several occasions displeased the court and infuriated Pacquiao’s attorneys. The case looked like it would be a long battle of attrition. Then things changed dramatically.
Under standard sports drug-testing protocols, when blood or urine is taken from an athlete, it’s divided into an “A” and “B” sample. The “A” sample is tested first. If it tests negative, end of story. If the “A” sample tests positive, the athlete then has the right to demand that the “B” sample be tested. If the “B” sample tests negative, the athlete is presumed to be clean. But if the “B” sample also tests positive, the first positive finding is confirmed and the athlete has a problem.
On May 20, 2012, a rumor filtered through the drug-testing community that Mayweather had tested positive on three occasions for an illegal performance-enhancing drug.
More specifically, it was rumored that Mayweather’s “A” sample had tested positive on three occasions and, after each positive test, USADA had found exceptional circumstances in the form of inadvertent use and gave Floyd a waiver. This waiver, according to the rumor, negated the need for a test of Floyd’s “B” sample. And because the “B” sample was never tested, a loophole in USADA’s contract with Mayweather and Golden Boy allowed the testing to proceed without the positive “A” sample results being reported to Mayweather’s opponent or the Nevada State Athletic Commission (which had jurisdiction over the fights).
In late-May, Pacquiao’s attorneys heard the rumor. On June 4, 2012, they served document demands and subpoenas on Mayweather, Mayweather Promotions, Golden Boy and USADA calling for the production of all documents that related to PED testing of Mayweather for the Shane Mosley, Victor Ortiz and Miguel Cotto fights.
The documents were not produced. There was a delay in the proceedings while Floyd spent nine weeks in the Clark County Detention Center after pleading guilty to charges of domestic violence and harassment. Upon his release from jail on August 2nd, settlement talks heated up.
On September 25, 2012, a stipulation of settlement ending the defamation case was filed with the court. The parties agreed that the terms of settlement would be kept confidential. Prior to the agreement being signed, two sources with detailed knowledge of the proceedings told this writer that Mayweather’s initial monetary settlement offer was “substantially more” than Pacquiao’s attorneys had expected it would be and an agreement in principle was reached soon afterward.
As part of the settlement, the Mayweathers and Mayweather Promotions issued a statement that read: “Floyd Mayweather Jr., Floyd Mayweather Sr., Roger Mayweather and Mayweather Promotions wish to make it clear that they never intended to claim that Manny Pacquiao has used or is using any performance-enhancing drugs nor are they aware of any evidence that Manny Pacquiao has used performance-enhancing drugs. Manny Pacquiao is a great champion and no one should construe any of our prior remarks as claiming that Manny Pacquiao has used performance-enhancing drugs.”
I don’t know if Floyd Mayweather or Manny Pacquiao has used performance-enhancing drugs or not.
I do know that, if Mayweather’s “A” sample tested positive for a performance-enhancing drug on one or more occasions and he was given a waiver by USADA that concealed this fact from the Nevada State Athletic Commission, his opponent and the public, we have an ingredient that could contribute to the making of a scandal.
Any analysis of PED use and boxing should start with the acknowledgement that chemistry is now part of sports.