supported by any evidence.”463 Largely on the basis of Filippo Simeoni’s evidence, Dr. Ferrari was convicted of sporting fraud. As explained in the affidavit of Italian lawyer, Marco Consonni, Dr. Ferrari’s case eventually went to the Italian Supreme Court and Dr. Ferrari’s conviction was eventually overturned on the basis of the statute of limitations. However, in ruling on Dr. Ferrari’s case the Italian Supreme Court stated that, “there were clear ‘objective’ evidences of Dr. Ferrari’s liability for sporting fraud and violation of anti-doping rules with specific reference of prescription of doping medications to athletes.”464 In other words, even while dismissing the case against Dr. Ferrari, the Italian Supreme Court found objective evidence that Dr. Ferrari had prescribed banned performance enhancing drugs to athletes. Therefore, the testimony of Filippo Simeoni regarding Dr. Ferrari’s involvement in doping has been found to be highly credible in the Italian legal system. In all material respects what Filippo Simeoni experienced with Dr. Ferrari in the late 1990s corroborates the experiences that six U.S. Postal Service Team riders had with Dr. Ferrari during 1999-2005. All seven (7) of these riders used EPO and Andriol under Ferrari’s guidance. Moreover, the evidence from Mr. Bileka and Mr. Bertagnolli confirms that Dr. Ferrari continued to dope athletes through at least 2010. In the SCA arbitration proceedings Mr. Armstrong cagily refused to acknowledge that he ever encouraged any teammates to train with Dr. Ferrari. In response to the question of whether he referred teammates to Ferrari, Armstrong responded both in his deposition and at the hearing that he “recommend[ed] that they train smart.”465 In response to a specific question 463
Judgment of the Bologna court provided in Appendix V (English translation). Affidavit of Marco Consonni, ¶ 5. 465 Deposition of Lance Armstrong, p. 43; SCA Hearing Transcript, p. 1468 (“I recommended 464
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