Haney seeks to have Garcia win changed to disqualification loss
Cites failed drugs tests, purposely missing weight, illegal IV use; claims Ostarine level between 35 and 60 times higher than 'trace' amount
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Typically, if a fighter is found to have used a banned substance in a victory, part of any punishment is that the commission that oversaw the bout scrubs the win and loss from the participants’ records and the result is changed to a no decision.
But Devin Haney, citing several issues, is seeking to have the New York State Athletic Commission change Ryan Garcia’s majority decision win against him to a disqualification loss, as it is allowed to do, rather than a no contest.
Haney attorney Patrick English sent the commission a nine-page letter on Monday citing extreme circumstances why Garcia should be disqualified for reasons beyond just that, as Fight Freaks Unite first reported, Garcia tested positive for the banned performance-enhancing drug Ostarine in a urine test on April 19 and again in a post-fight sample given following the April 20 pay-per-view main event at Barclays Center in Brooklyn, New York.
English cited in the letter not only Garcia’s two failed tests but also his use of an illegal IV bag prior to the fight and his admission that he purposely missed the 140-pound weight limit by 3.2 pounds to give him an unfair advantage, although by being overweight he was ineligible to win Haney’s WBC junior welterweight title.
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“It is my experience that sometimes in PED situations some commissions forget that as there are two fighters in the ring there are two fighters with rights,” English wrote in the letter, a copy of which was obtained by Fight Freaks Unite. “This is not a matter involving Ryan Garcia alone. There is a blemish on Mr. Haney’s record. He was placed in an unsafe fight under NYSAC jurisdiction.
“The bout was made a mockery and in addition to the PED use and prohibited use of IVs, after the bout Mr. Garcia admitted that missing weight was a tactic to give him an unfair advantage. As there was no second-day weigh-in required by the Commission, thus it is impossible to know what he weighed on fight night. This is why, after setting forth the facts below, we request that Mr. Garcia be disqualified, which is more fitting than a no contest in this situation.”
English cited the example of a 2016 WBC super middleweight title fight in Washington, D.C., where titleholder Badou Jack and Lucian Bute fought to a draw but when Bute tested positive for Ostarine, the Washington commission changed the result to a disqualification loss for Bute and a victory for Jack.
“You may wish to note that this is what was done with Lucien Bute when he tested positive for PED’s and it is the standard in all Olympic sports, so it is not at all without precedent,” English wrote.
Garcia knocked Haney (31-1, 15 KOs for now), 25, of Las Vegas, down with left hooks in the seventh, 10th and 11th rounds and won a majority decision, 115-109, 114-110 and 112-112.
Both fighters agreed to be randomly tested by the Voluntary Anti-Doping Association leading up to their highly anticipated fight. Haney completed the program without issue but Garcia failed a test the day before the fight and the post-fight test for Ostarine, which has been on the World Anti-Doping Agency banned list since 2008 and in 2022 was officially listed by WADA as an anabolic agent. It is used to assist athletic performance by helping build muscle mass, burn fat, increase stamina and give the athlete the ability to recover quickly from strenuous work.
Garcia has requested that his B sample be tested. Usually, the B sample results are the same as the A sample but Garcia’s B sample is scheduled to be opened on May 22. He is allowed to have a representative present observe the opening and the results should be known within a few days.
Unless the New York commission changes its mind, Garcia will not be provisionally suspended or have a hearing scheduled until after the B sample results are returned, a source with knowledge of the plans told Fight Freaks Unite.
In addition to Ostarine being present in Garcia’s April 19 and April 20 urine samples, Garcia’s sample on April 19 “also screened positive but was not confirmed for 19-Norandrosterone pending IRMS (isotope ratio mass spectrometry).” That more in-depth test was conducted and Garcia was cleared of being positive for that banned substance.
Garcia (25-1, 20 KOs for now), 25, of Los Angeles, has repeatedly denied knowingly using any banned substances in numerous comments and social media posts.
‘We request that Mr. Garcia be disqualified, which is more fitting than a no contest in this situation,’ — Haney attorney’s letter to New York commission
In the letter to the commission, English pointed out that in the obtaining New York boxing licenses, both fighters represented in writing that that they had reviewed commission rules on drug use and were not using any prohibited substances.
“At no time did Devin Haney consent to engage in a bout against a boxer who was positive for a performance enhancing drug, and would not have proceeded with the bout had he known,” English wrote. “The New York State Athletic Commission would not have permitted the bout had it known of the positive finding.
“Representatives of Mr. Garcia have publicly suggested that the Osterine was found in trace amounts.”
English wrote that while there “are a couple of commissions in the United States which permit trace amounts of Osterine (and New York, WADA, and VADA are not among them)” the samples produced by Garcia had quantities between “35 to 60 times the amount considered in those jurisdiction to be trace amounts.”
English also addressed Garcia’s failure to make weight.
“At the time he publicly stated that he had tried to make weight but was unable to do so,” the letter said. “In reliance upon that representation Devin Haney entered into a contract revision where, for consideration, he allowed Garcia to come into the bout overweight.”
Multiple sources told Fight Freaks Unite that Garcia contractually agreed to pay Haney $600,000 for being overweight. Garcia also had publicly stated prior to the weigh-in that he would pay Haney $500,000 per pound if he was overweight.
“After the bout Garcia stated publicly that he had lied and he was overweight in order to get a competitive advantage over Haney,” the letter said. “Had Garcia not lied about his purpose Haney would not have proceeded with the bout against him and/or would have taken steps to protect himself.”
English also pointed to a widely circulated video of Garcia taking IV fluids in the lead up to the fight.
“The use of IVs is prohibited under WADA and VADA requirements without a therapeutic use exemption and is expressly prohibited under New York Athletic Commission guidelines,” English wrote. “Upon information and belief no therapeutic use exemption was granted by the New York Athletic Commission and use was not disclosed on disclosures given to drug samplers.”
English included a link to a video on YouTube showing Garcia “receiving an IV of a fluid with a yellowish tinge.” IVs are often used as a masking agent to avoid a positive test by diluting the body’s urine.
“Adding insult to the Commission and to the sport of boxing, Mr. Garcia has alleged that he was ‘high as fuck during’ his bout with Mr. Haney,” the letter said. “This very clearly brings disrepute on the sport of boxing and by derivation on the New York State Athletic Commission.”
Then English summed up Haney’s case for Garcia to be disqualified.
“Osterine is specifically listed as a prohibited performance enhancing drug on the Commission website,” he wrote. “An IV is expressly prohibited. Intentionally coming in overweight is a violation. In this context the Commission has full authority to issue a disqualification. That would change the bout to a win for Mr. Haney by disqualification. On behalf of Mr. Haney we request that change in addition to such suspension as deemed appropriate by the Commission.”
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I’m shocked they didn’t mention how Garcia also bet on himself to win. Rumor is 2 million would get you 10 betting on Garcia. Not sure if that’s accurate, but surely betting on yourself to win and then testing positive for steroids provides motive.
Haney the crybaby. If the fight was close, maybe he would be a legitimate argument. But this was a beat down. The very most he should be asking for is a NC. And I say that only because I have no idea how much Ostarine is a trace or not.