Curly Howard
10-16-2003, 07:49 AM
Just when you thought everything was over with the Tim Sylvia case, in walks Gan McGee's lawyer, Jim Gallo. Gallo will appear on mmaweeklyradio.com today at 9am Pacific/12 Noon EST.
This statement below was released to MMAWeekly.com yesterday regarding the Sylvia case.
October 14, 2003
Nevada Department of Business and Industry
Nevada State Athletic Commission
555 E. Washington Ave.
Suite # 1500
Las Vegas, NV 89101
RE: PETITION FOR DECLARATORY ORDER CHANGING THE DECISION IN THE UFC HEAVYWEIGHT TITLE FIGHT BETWEEN TIM SYLVIA AND GAN MCGEE TO "NO CONTEST"
Gan McGee petitions this Commission for a Declaratory Order changing the decision rendered on September 26, 2003 in the bout between Gan McGee and Tim Sylvia. McGee Petitions the Commission for an Order changing the decision to a "no contest" decision.
This petition is made in good faith and Gan McGee is licensed with the Commission as a fighter and combat athlete.
The UFC heavyweight champion Tim Sylvia was scheduled to fight petitioner, Gan McGee on September 26, 2003 at the Mandalay Bay Hotel and Casino for the heavyweight title of the UFC. On September 25, 2003, Tim Sylvia weighed in at 267 pounds (2 pounds above the legal limit mandated by Nevada law). Tim Sylvia then cut an additional 4 pounds and weighed in at 263. Interestingly, Tim Sylvia weighed in at 252 pounds on February 28, 2003 for his heavyweight title bout with Ricco Rodriguez in New Jersey.
On September 26, 2003 Tim Sylvia knocked out Gan McGee and was declared the winner of the UFC heavyweight title fight by the Nevada State Athletic Commission. Recently, Tim Sylvia tested positive for "performance enhancing "drugs, steroids, and recently admitted taking steroid injections to enhance his "physique" rather than gaining performance enhancement in speed, power and strength.
Based upon Gan McGee*s contractual arrangement with the promoter of the UFC Zuffa LLC., Gan McGee*s multi-fight contract with Zuffa LLC., was terminated because the commission declared Gan McGee the loser of the September 26, 2003 Mandalay Bay heavyweight title fight.
Gan McGee petitions this commission for declaratory order changing the decision of the September 26, 2003 heavyweight title fight at the Mandalay Bay to a "no contest" between Gan McGee and Tim Sylvia based upon the legal authority found in NAC 467.770 (1).
Pursuant to NAC 467.770. The Commission will not change a decision rendered at the end of any contest of exhibition unless:
(1) The Commission determines that there was collusion affecting result of the contest or exhibition; . . .
The legal definition of collusion is found in Black's law dictionary as follows:
An agreement between two or more persons to defraud a person of his rights by the forms of law, or to obtain and object forbidden by law. It implies the existence of fraud of some kind, the appointment of fraudulent means, or of lawful means for accomplishment of an unlawful purpose.
In the instant case, Tim Sylvia clearly obtained performance enhancing drugs, steroids, with the assistance of either a physician, training partner, or associate for the purpose of competing dishonestly, contrary to the laws established pursuant to the Commission, NRS 467 et seq and NAC 467 et seq. Tim Sylvia engaged in fraud against the Commission , Gan McGee and the paid attendance who paid money to watch a fair fight among combat athletes
Furthermore, he used an unlawful "performance enhancing" drug which clearly affected the result of the UFC heavyweight title fight.
Regardless of Tim Sylvia*s assertions that he injected the prohibited performance enhancing drugs to enhance his "physique" the great body of medical authority establishes that steroids enhance physical performance and provide a mental edge in confidence.
Tim Sylvia's body physique clearly showed the effects of performance enhancing drugs on September 26, 2003. Tim Sylvia's body appeared bloated and showed an increase in muscle mass that was established not only visually, but also in the discrepancy between his 252 pound fighting weight on February 28, 2003 as compared to his initial weigh in of 267 pounds on September 25, 2003. Performance enhancing drugs provide athletes with both a mental and physical edge over there opponent.
The Commission has authority pursuant to NAC 467.770 to change the decision of the September 26, 2003 UFC heavyweight title bout based upon collusion which affected the result of the contest.
The commission should inquire as to where Tim Sylvia secured the performance enhancing drugs, who administered the performance enhancing drugs, who knew Tim Sylvia was taking the performance enhancing drugs, and when the performance enhancing drugs were taken.
Based upon the above Gan McGee respectfully requests that this commission change the decision of the September 26, 2003 UFC heavyweight title bout to no contest.
DATED this ____ day of October, 2003
JAMES C. GALLO, JR., ESQ.
Attorney for Gan McGee
Listen to Gallo today on MMAWeeklyRadio.com All you need to do to listen to the show for free is listen at 9am Pacific/12 Noon EST by just clicking on www.mmaweeklyradio.com every Monday - Friday
This statement below was released to MMAWeekly.com yesterday regarding the Sylvia case.
October 14, 2003
Nevada Department of Business and Industry
Nevada State Athletic Commission
555 E. Washington Ave.
Suite # 1500
Las Vegas, NV 89101
RE: PETITION FOR DECLARATORY ORDER CHANGING THE DECISION IN THE UFC HEAVYWEIGHT TITLE FIGHT BETWEEN TIM SYLVIA AND GAN MCGEE TO "NO CONTEST"
Gan McGee petitions this Commission for a Declaratory Order changing the decision rendered on September 26, 2003 in the bout between Gan McGee and Tim Sylvia. McGee Petitions the Commission for an Order changing the decision to a "no contest" decision.
This petition is made in good faith and Gan McGee is licensed with the Commission as a fighter and combat athlete.
The UFC heavyweight champion Tim Sylvia was scheduled to fight petitioner, Gan McGee on September 26, 2003 at the Mandalay Bay Hotel and Casino for the heavyweight title of the UFC. On September 25, 2003, Tim Sylvia weighed in at 267 pounds (2 pounds above the legal limit mandated by Nevada law). Tim Sylvia then cut an additional 4 pounds and weighed in at 263. Interestingly, Tim Sylvia weighed in at 252 pounds on February 28, 2003 for his heavyweight title bout with Ricco Rodriguez in New Jersey.
On September 26, 2003 Tim Sylvia knocked out Gan McGee and was declared the winner of the UFC heavyweight title fight by the Nevada State Athletic Commission. Recently, Tim Sylvia tested positive for "performance enhancing "drugs, steroids, and recently admitted taking steroid injections to enhance his "physique" rather than gaining performance enhancement in speed, power and strength.
Based upon Gan McGee*s contractual arrangement with the promoter of the UFC Zuffa LLC., Gan McGee*s multi-fight contract with Zuffa LLC., was terminated because the commission declared Gan McGee the loser of the September 26, 2003 Mandalay Bay heavyweight title fight.
Gan McGee petitions this commission for declaratory order changing the decision of the September 26, 2003 heavyweight title fight at the Mandalay Bay to a "no contest" between Gan McGee and Tim Sylvia based upon the legal authority found in NAC 467.770 (1).
Pursuant to NAC 467.770. The Commission will not change a decision rendered at the end of any contest of exhibition unless:
(1) The Commission determines that there was collusion affecting result of the contest or exhibition; . . .
The legal definition of collusion is found in Black's law dictionary as follows:
An agreement between two or more persons to defraud a person of his rights by the forms of law, or to obtain and object forbidden by law. It implies the existence of fraud of some kind, the appointment of fraudulent means, or of lawful means for accomplishment of an unlawful purpose.
In the instant case, Tim Sylvia clearly obtained performance enhancing drugs, steroids, with the assistance of either a physician, training partner, or associate for the purpose of competing dishonestly, contrary to the laws established pursuant to the Commission, NRS 467 et seq and NAC 467 et seq. Tim Sylvia engaged in fraud against the Commission , Gan McGee and the paid attendance who paid money to watch a fair fight among combat athletes
Furthermore, he used an unlawful "performance enhancing" drug which clearly affected the result of the UFC heavyweight title fight.
Regardless of Tim Sylvia*s assertions that he injected the prohibited performance enhancing drugs to enhance his "physique" the great body of medical authority establishes that steroids enhance physical performance and provide a mental edge in confidence.
Tim Sylvia's body physique clearly showed the effects of performance enhancing drugs on September 26, 2003. Tim Sylvia's body appeared bloated and showed an increase in muscle mass that was established not only visually, but also in the discrepancy between his 252 pound fighting weight on February 28, 2003 as compared to his initial weigh in of 267 pounds on September 25, 2003. Performance enhancing drugs provide athletes with both a mental and physical edge over there opponent.
The Commission has authority pursuant to NAC 467.770 to change the decision of the September 26, 2003 UFC heavyweight title bout based upon collusion which affected the result of the contest.
The commission should inquire as to where Tim Sylvia secured the performance enhancing drugs, who administered the performance enhancing drugs, who knew Tim Sylvia was taking the performance enhancing drugs, and when the performance enhancing drugs were taken.
Based upon the above Gan McGee respectfully requests that this commission change the decision of the September 26, 2003 UFC heavyweight title bout to no contest.
DATED this ____ day of October, 2003
JAMES C. GALLO, JR., ESQ.
Attorney for Gan McGee
Listen to Gallo today on MMAWeeklyRadio.com All you need to do to listen to the show for free is listen at 9am Pacific/12 Noon EST by just clicking on www.mmaweeklyradio.com every Monday - Friday