Attorney Claims Nevada Commission has No Jurisdiction Over Wanderlei Silva

August 21, 2014
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Wanderlei SilvaWanderlei Silva was initially slated to go before the Nevada Athletic Commission on Thursday for a disciplinary hearing regarding his decision to evade the commission’s requested drug test in late May. The hearing did not take place after Silva’s attorney, Ross Goodman, filed a Motion to Dismiss the Complaint for Disciplinary Action for a lack of jurisdiction.

SEE ALSO: Wanderlei Silva Files Motion to Dismiss

Silva had agreed to fight Chael Sonnen on at UFC 175 on July 5, and even went so far as to appear at a May 23 press conference to promote the fight.

Both he and Sonnen were sought by an athletic commission representative on May 24 to submit to a random drug test as part of the commission’s efforts to curb performance enhancing substance use in combat sports.

Silva appeared before the athletic commission in June, where he admitted evading the representative that appeared at his gym, while also admitting that he had been on diuretics, which are prohibited substances, at the time that he evaded the test.

The NAC had been planning on holding a disciplinary hearing at Thursday’s regularly scheduled meeting, but that was before they received the Motion to Dismiss.

In the Motion, a copy of which was obtained by MMAWeekly.com, Goodman claims that because Silva did not have an active license in Nevada and no bout agreement had yet been signed, he was not under the commission’s jurisdiction and therefore was not required to submit to random drug testing or disciplinary action for evading the test.

NAC officials on May 30 confirmed to MMAWeekly.com that Silva had not applied for a license to fight in Nevada, as of that point in time.

“The NSAC (Nevada Athletic Commission) has never been vested with the authority to direct or order non-licensed persons to submit to a chemical test,” stated Goodman in the Motion to Dismiss. “Consequently, the NSAC lacks jurisdiction to seek disciplinary action against Mr. Silva, and any attempt to do so, clearly exceeds the NSAC’s limited statutory jurisdiction.”

Even if Goodman’s motion is upheld and the commission is found to lack jurisdiction in the matter, Silva may find it difficult to continue his career. He will likely face much closer scrutiny when he does finally apply for a license, and that is only if he gets to that point with the UFC.

UFC officials constantly reiterate in their statements when a fighter runs amiss of an athletic commission that the commission has the full support of the MMA juggernaut. It would definitely put a lot of pressure on the UFC to not just sweep the issue under the rug if the commission were found to be outside its jurisdiction.

Regardless, as of the Thursday afternoon, the matter had not been “solved,” as Silva believed in June.

Stay tuned to MMAWeekly.com for further developments.

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  • kaliboner

    So not just a juicer and a coward, he’s dumb too.

  • PrideMMA

    I agree with Wanderlei’s lawyer a 100%. Wanderlei Silva is a legend and has never tested positive for any substance. A lot of people say he was on stuff in the past but that’s just talk there is no evidence. Give this guy a brake and he’s also right. Would you pass a drug test today if you couldn’t have anything on the banned list? Probably not for a lot of people. Why is it hard to believe he was on diuretics? Bottom line is he should not have been tested and it was his right not to take it. Any intellectual opinions on the matter? Please no trolls.

    • Mike mckinney

      Being on diuretics is kind of a big deal. People now a days want to look at drug test as a method of finding steroids. They think of the banned list of substances as a PED list as well, and it’s not.
      The banned list is for the Safty of the fighter. (Not really even the opponent)
      That’s why there are many things on the list that people yell about not being a PED. They’re right, but there’s suppose to be items on that list that are not your typical steroid.
      Diuretics help drain water from the body. I’ve been on them in the past with a health issue. I have a very physical job and it got dangerous for me for a little while. It is dangerous to be active and on diuretics. Heat stroke is an easy one to happen.
      It is also believed that it is really bad to suffer head trama while your body is deprived of water. It’s thought to make brain damage much more likly.
      The commissions number one job is to keep fighters safe. Not be on PED patrol. Even though that’s all fans now a days want to talk about.
      On the other side, I’m a bit of a legal junkie. We will see how this all goes down. I’m glad to see this argument. It’s been out there for awhile, but it’s never seen its way into a court. Maybe it will if the nsac holds its ground. Of course the nsac can give up, and just never give him a licsence. That of course means he’d have to apply. I hope it ends up in court. There needs to be a definitive ruling one way or another.

      • PrideMMA

        Never thought that way about Diuretics and it makes sense. I would like to see this in court as well but rumors that I have read seem to think that NSAC is going to just let this one go and make it harder for Wanderlei in the future.

    • TheCerealKiller

      “Please no trolls” from a guy with a name that is the biggest offender of PED usage in the history of MMA. PRIDE was a PED paradise, just ask all the guys that are admitting it now.

      “a legend and has never tested positive for any substance” – because they didn’t test in PRIDE!

      “Would you pass a drug test today if you couldn’t have anything on the banned list? Probably not for a lot of people.” What are you talking about? The average joe isn’t taking anything on that list, unless you’re a pot head.

      Wow, the troll asked for no troll.

      • PrideMMA

        Dude your a troll. IDK why you always have to have negative comments? I bet your the kind of person that has no friends outside of the web.

        • George Sperry

          Your a troll? I suppose you want a brake too.

        • Seth

          Cereal is right. PRIDE had a clause in their contracts saying “We do not test for steroids”. They had that in their CONTRACTS. That’s why PRIDE wasn’t, isn’t and won’t be legit.

          Why it’s hard to believe he was on diuretics? Because if he would be clean, he wouldn’t have a problem with taking a test – knowing he’s clean…why would he be afraid? Wandy was and still is a joke.

        • TheCerealKiller

          I think you meant “you’re”.
          PRIDE = PED

    • George Sperry

      A brake? Does he have car trouble?

  • Long John

    Wandy’s a dumbass who talks like a retarded retard. He’s a hasbeen with no talent and he’s a drunk. His fans are idiots.

  • Seth

    He’s stupid…Chael at least admitted he was cheating and took a punishment. And that moron will fight to DEATH, saying he didn’t cheat. How dumb can you be? If he didn’t cheat and was clean…why he ran away? That’s not rocket science. But go on people, keep defending him and praising Vitor “Cheater” Belfort, while you bash Chael for THE FREAKIN SAME THING you praise Vitor for. Bunch of hipocrits.

  • Mike mckinney

    I believe the argument is that he ran because he would have tested positive for diuretics. Again, they are not just testing for PED’s. It’s not just a steroid list though it seems like that’s all fans care about these days.
    I have no idea what he would have tested dirty for. The fact that he ran is not proof he was taking steroids. However it does mean he didn’t want to take that test for whatever reason.