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Mitchell Report

__________________________________________________________________

REPORT TO THE COMMISSIONER OF BASEBALL

OF AN INDEPENDENT INVESTIGATION INTO

THE ILLEGAL USE OF STEROIDS AND OTHER

PERFORMANCE ENHANCING SUBSTANCES

BY PLAYERS IN MAJOR LEAGUE BASEBALL

GEORGE J. MITCHELL

DLA PIPER US LLP

December 13, 2007

Table of Contents

SPECIAL FEATURE:

List of Players

List of players mentioned, summary of accusations, & page references with links.

Summary & Recommendations

- Introduction

- A. The Investigation and this Report

- B. The Problem Is Serious

- C. Governing Laws and Major League Baseball Policies

- D. The Rise of the “Steroids Era”

- E. The BALCO Investigation

- F. Evidence Obtained of Other Players’ Possession or Use

- G. Players’ Use of Substances Purchased from Anti-Aging Centers

- H. Major League Baseball’s Joint Drug Prevention & Treatment Program

- I. Recommendations

- J. Conclusions

I. Scope of this Investigation

- Scope of this Investigation

II. MLB & Other Sports Must Combat Illegal Use of Performance Enhancing Substances

- Introduction

- A. Health Risks from Abuse of Steroids and Other

- B. Threat to the Integrity of Baseball Posed by the Illegal Use of Performance Enhancing Substances

- C. The Effects on Young Athletes

III. The Governing Laws and Baseball Policies Regarding Possession or Use of Performance Enhancing Substances

- Introduction

- A. Laws Regarding Performance Enhancing Substances

- B. Baseball’s Drug Policies Before 2002

- B. 1. Bowie Kuhn and Baseball’s First Drug Policies

- B. 2. The Ferguson Jenkins Decision

- B. 3. Cocaine Suspensions of 1983-84

- B. 4. The 1984 Joint Drug Program

- B. 5. Drug Policies Under Peter Ueberroth

- B. 6. 1991: Fay Vincent Adds Steroids to Baseball’s Drug Policy

- B. 7. Baseball’s Drug Policies Under Bud Selig

- B. 8. 2001 Minor League Drug Prevention and Treatment Program

- C. Informal Reasonable Cause Testing

- D. The Joint Drug Program Under the Basic Agreement, 2002 to Present

IV. Early Indications of Steroid Use in Baseball (1988 to August 1998)

- Early Indications of Steroid Use in Baseball (1988 to August 1998)

V. Androstenedione and Baseball’s Broadening Awareness of the Use of Performance Enhancing Substances

- Androstenedione

VI. Incidents Providing Evidence to Baseball Officials of Players’ Possession or Use of Performance Enhancing Substances

- Introduction

- A. Operation Equine

- B. Steroids Found in Boston Red Sox Player’s Car, June 2000

- C. Discovery of Steroids in Florida Marlins Player’s Locker, June 2000

- D. Shipment of Steroids to Arizona Clubhouse, September 2000

- E. Canadian Border Service Seizure of Steroids in Toronto, October 2001

- F. Bullpen Catcher Admits to Supplying Steroids to Eight Major League Players, September 2002

- G. Infielder Disciplined For Steroids Shipment, July 2004

- H. Cooperation with Law Enforcement Investigation, Late 2004

- I. Investigation Following Rafael Palmeiro’s Positive Drug Test, May 2005

- J. 50-Game Suspension of Jason Grimsley for Reported Admissions of Human Growth Hormone Use, Summer 2006

- K. Procedures Followed for Players Implicated in Recent Government Investigations

- L. Unreported Incidents

VII. Major League Baseball and the BALCO Investigation

- A. The BALCO Raid and Grand Jury Investigation

- B. Information Learned During this Investigation Concerning BALCO and Major League Baseball

- B. 1. Information About Possible Steroid Sales By Greg Anderson Before the Raid on BALCO

- B. 2. Players’ Links to Performance Enhancing Substances - a. Marvin Benard

- B. 2. b. Barry Bonds

- B. 2. c. Bobby Estalella

- B. 2. d. Jason Giambi

- B. 2. e. Jeremy Giambi

- B. 2. f. Benito Santiago

- B. 2. g. Gary Sheffield

- B. 2. h. Randy Velarde

VIII. Information Obtained Regarding Other Players’ Possession or Use of Steroids and Human Growth Hormone

- A. Background

- A. Background - 1. Kirk Radomski’s Cooperation

- A. Background - 2. Radomski’s Employment with the New York Mets

- A. Background - 3. Radomski’s Distribution of Performance Enhancing Substances to Major League Baseball Players

- B. Information Regarding Purchases or Use of Performance Enhancing Substances by Players in Major League Baseball

- 1. Kirk Radomski - Information About Distribution of Performance Ehancing Substances

- Jerry Hairston, Jr.

- C. Additional Information Concerning Players’ Use of Performance Enhancing Substances

- C. 2. Matt Karchner

- C. 3. Daniel Naulty

IX. The Threat Posed By Internet Sales of Steroids and Human Growth Hormone

- Threat Posed by Internet Sales

- Introduction

- A. Two Methods for Illegal Internet Distribution of Performance Enhancing Substances

- A. 1. Drug Dealers’ Use of the Internet to Sell Illegal Performance Enhancing Substances

- A. 2. Internet Trafficking in Performance Enhancing Substances by Rejuvenation Centers and Compounding Pharmacies

- B. Alleged Internet Purchases of Performance Enhancing Substances By Players in Major League Baseball

- Jerry Hairston, Jr.

X. Review of the Major League Baseball Joint Drug Prevention and Treatment Program

- Introduction

- A. Development of the Essential Elements of an Effective Drug Testing Program

- B. Review of the Administration of the Major League Baseball Joint Drug Prevention and Treatment Program

- B. 1. Independence

- B. 2. Transparency and Accountability

- B. 3. Frequency of Testing

- B. 4. Adherence to Best Practices as They Develop

- B. 4. a. Collection Issues

- B. 4. b. Prohibited Substances

- B. 4. c. Therapeutic Use Exemptions

- B. 4. d. Discipline for Use or Possession of Prohibited Substances

- B. 4. e. Types of Tests Permitted

- B. 4. f. Drug Program Penalties

- B. 5. Due Process for Players

- B. 6. Adequate Funding

- B. 7. Education

- C. Allegations of Advance Notice of Tests

- C. 1. Alleged Advance Notice of 2003 Survey Testing

- C. 2. Alleged Advance Notice During 2004 Season

XI. Recommendations

- Recommendations

- A. Recommendations for Investigation of Non-Testing Based Allegations of Performance Enhancing Substance Possession or Use

- A. 1. The Commissioner Should Establish a Department of Investigations

- A. 2. The Commissioner’s Office Should More Effectively Cooperate with Law Enforcement Agencies

- A. 3. The Commissioner’s Office Should Actively Use the Clubs’ Powers, as Employer, to Investigate Violations of the Joint Program

- A. 4. All Clubs Should Have Clear, Written, and Well-Publicized Policies for Reporting Information Relating to Possible Performance Enhancing Substance Violations

- A. 5. Logging Packages Sent to Players at Major League Ballparks

- B. Additional Actions to Address Performance Enhancing Substance Violations

- C. Educational and Related Recommendations to Decrease Use of Performance Enhancing Substances

- C. 1. The Design and Implementation of the Educational Program Should Be Centralized with the Independent Program Administrator

- C. 2. Spring Training Programs Should Include Testimonials and Other Speakers and Presentations

- C. 3. Explain the Health Risks in Context and Provide Education on Alternative Methods to Achieve the Same Results

- C. 4. Players Need to Understand the Non-Health Effects of Buying Performance Enhancing Substances from Street Dealers and “Internet Pharmacies”

- C. 5. Prominently Display Posters About Performance Enhancing Substance Use Prevention

- D. Recommendations for Further Improvement of the Joint Drug Prevention and Treatment Program

- D. 1. The Program Should Be Independent Independence is the most important principle of an effective drug testing program.

- D. 2. The Program Should Be Transparent

- D. 3. There Should Be Adequate Year-Round, Unannounced Drug Testing

- D. 4. The Program Should Be Flexible Enough to Employ Best Practices as They Develop

- D. 5. The Program Should Continue to Respect the Legitimate Rights of Players

- D. 6. The Program Should Have Adequate Funding

- E. We Need to Look to the Future

XII. Conclusions

- Conclusions

Appendices

- Appendix A - Independence of the Investigation

- Appendix B - Process of the Investigation

- Appendix C - Media Articles Before August 1998

- Appendix D - Documents Relating to Transactions Described in Chapter VIII

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