Nick Diaz’s Lawyer Files New Claim Firing Back at Allegations that He Lied to NSAC

April 11, 2012
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Nick Diaz UFC 129Nick Diaz is still awaiting his day in front of the Nevada State Athletic Commission to answer to the charges of a positive test for marijuana stemming from his fight at UFC 143 in early February, but his lawyer, Ross Goodman, is firing back at the commission after recent statements made towards his client.

In a statement made to Yahoo! Sports in March, Jennifer Lopez, public information officer for the Nevada attorney general said, “Not only did Nick Diaz violate the law by testing positive for marijuana metabolites, but he also lied to the Commission on his Pre-Fight Questionnaire when he swore that he had not used any prescribed medications in two weeks before the fight.”

Now Goodman has fired back with a new document filed to the Attorney General’s office dated from April 11, with a response in regards to Diaz’s alleged falsification of the pre-fight questionnaire.

Goodman states that the “complaint does not allege any facts support that Diaz violated a rule.”

The document goes on to state that the “after the fact allegations impugning Diaz’s character serve to distract from the core issue that Nevada does not prohibit inactive marijuana metabolites.”

The statement once again points out, as in the original complaint, that marijuana metabolites are not a prohibited substance under the rules adapted by the Nevada State Athletic Commission from WADA (World Anti-Doping Agency).

The second part of the document filed on Wednesday answers the charge from the Attorney General’s office that Diaz lied on his original fight application filled out prior to his bout with Carlos Condit in February.

The document states “Diaz met the required standard, reasonable interpretation of commonly understood phrases to the best of his knowledge.” This is in reference to Diaz not disclosing any usage of medicinal marijuana on his pre-fight medical questionnaire.

As it has been well documented in the past, Diaz is legally allowed to use medicinal marijuana in his home state of California, but in all of the court documents filed thus far by Goodman, it states he cuts off his usage of the drug eight days prior to competition. The marijuana metabolites that he tested positive for are allegedly leftover in fat cells, that can show up on tests months after usage and should have no bearing on Diaz in his fight or drug testing results from the commission.

As far as his pre-fight questionnaire, Goodman argues that when Diaz did not list medicinal marijuana, he was not providing “false or misleading information,” but it was the questionnaire itself that has to be brought under fire for wording that did not define exactly what they were looking for.

“In the absence of prescribed definitions, Diaz relied on the general understanding of the terms ‘prescribed medications,’ ‘over the counter medications,’ and ‘serious medical illness.'”

The statement made says “there is no evidence to suggest that Diaz knowingly provided false information.”

Goodman points to the fact that medicinal marijuana is not a prescription drug or an over the counter drug, nor did Diaz believe his ADHD (attention deficit hyper activity disorder) was classified as a “serious illness.” (Diaz’s approved medicinal marijuana usage was because he was diagnosed with ADHD).

Diaz’s medicinal marijuana usage, while approved by a doctor, is only “recommended” as treatment by a physician, not actually a prescription drug that he would pick up at a pharmacy. Same as the argument for the over the counter drugs, as the statement says Diaz would assume it meant something that was picked up at a store like Walgreens or CVS.

Whether these arguments will actually lead to any kind of dismissal of the charges or allegations against Diaz remains to be seen, but Goodman closes his statement by saying, “unless Diaz’s interpretations of ‘serious medical illness,’ ‘prescribed medication,’ and ‘over the counter medication or product’ are so clearly wrong as to constitute sufficient proof of bad faith intent to deceive, the Commission must dismiss the allegations.”

Now it just appears to be a matter of time before Diaz gets his hearing in front of the Nevada Athletic Commission to ultimately decide on his punishment. Diaz was previously suspended in Nevada for a positive drug test for marijuana and was sentenced to a six-month suspension.

Typically in past cases like this, a second offense has landed an athlete with a one-year suspension from the Nevada Commission. It remains to be seen if that will be the same doled out for Diaz, or if his lawyer’s arguments will somehow save him from that or some other fate.

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  • phrankthetank

    This lawyer seems like one hell of a slippery bastard

    • RonnieV

      That lawyer is one of the most respected attorneys in Nevada, and his dad is probably the most powerful man in Nevada (Oscar Goodman). His Mom is the mayor of Las Vegas, succeeding Oscar, who was the Mayor for the past 12 years. I don’t think Diaz could have attained better representation.

      • phrankthetank

        I didn’t mean it disrespectfully, if I was in diaz’s shoes I would want a lawyer who could find every crack to slip through, wouldn’t you?

        • RonnieV

          No problem Phranky, I didn’t think your post was disrespectful. You know I like to chime in whenever my boy is the topic. lol Apparently Goodman has very close ties to the UFC, and at one time promoted MMA (or had part ownership of a company). I tend to wonder if Zuffa pushed Diaz towards Goodman. They need to protect their investment.

          • phrankthetank

            Yes Ronnie, our most heated debates tend to revolve around the topic of Diaz lol

  • bajafox

    Awesome lawyer. Everything he said makes perfect sense.

  • Kizer and Co. have a lot of issues they need to address. They can’t claim they didn’t know Nick used marijuana “medically” and on a regular basis. Diaz has been very open and vocal about his marijuana use.

  • Iamrozylo

    Bullshit charge for something that shouldn’t be illegal in the first place. It’s like testing positive for alcohol… Balls

    • phrankthetank

      Whether it should be illegal or not is irrelevant. As of now it is and he got caught.

      • Triggerman99

        You obviously missed the whole point of this article. The lawyer is trying to prove that Diaz did nothing wrong; he’s not trying to change the rule, right here on the spot.

        • phrankthetank

          Obviously you missed the comment I was replying to, I understand the article and the argument being made. Do I think it will be reversed? Possibly, This guy knows what moves to make. Do I think it SHOULD be reversed? Absolutely not. Diaz knows the rules and still toes the line too closely, if he gets off on a technicality it just encourages more fighters to try and beat the system.

  • rsnowbass

    Who freaking cares. I’m over it…although I would like to see a few more Diaz fights in the UFC.

  • ROFL You guys STILL think the attorney general is going back NICK GODDAMN DIAZ over the Nevada State Athletic Commission.

    AHAHAHAHHAAHHAHAHAHAHAHAHAHHAohhhh man….I’ll comment again after the suspension gets handed down. MMA fans crack me up sometimes.

    • Are you aware of the AG’s role in this proceeding?

      • maddawgmar

        Are you?

        • Very much so.

          The AG’s office will essentially serve the role of prosecutor in this case. They will be presenting information to the NSAC detailing why Mr. Diaz should be fined and suspended. The AG’s office will be operating strictly in an adversarial role leading up to and during these proceedings.

          liemianbresenio’s post makes it sound as though he thinks Diaz and his lawyer need to convince the AG of his innocence and that it’s “Diaz v. NSAC”. That is not the case, it’s “Diaz v. AG’s office”. The commission plays the role of judge in this setting and they are who Diaz needs to sway.

          • Six of one, half dozen of the other. It doesn’t matter who is in the judge’s chair because no government body is going to find in favor of Nick Diaz or reduce his sentence no matter how many press releases his lawyer puts out. He will not avoid punishment, he will not bring about one shred of change to the system in place. I will say it again…this is a HUGE WASTE OF MONEY.

  • Towers66

    I think it will be great if Diaz wins this case. I’d love to see him back in the Octagon as soon as possible. Nothing like a good Diaz fight. 🙂

  • fsunoles09

    seems like he got a pretty good lawyer, bout time somebody has a decent non jewish lawyer hah

    • TKD

      Ross Goodman is not a Jew??? Uh, ok!

    • maddawgmar

      Goodman is a Jew. Insert foot here.

      • fsunoles09

        sorry i dont major in f’in jewish names ahole.goodman doesnt sound jewish to me.

  • ultimatebrosky

    overeem wonder if overeem could get some help like this guy lol

  • ultimatebrosky

    yeah I messed up

    • phrankthetank

      Happens to the best of us

  • maddawgmar

    Ross Goodman was bred to fight laws since he was a kid. Both his parents were high profile lawyers. His father was Lawyer to the mob back in the day, and even played himself in the movie Casino. Both his parents were Mayors of Vegas, his mother currently, and they ran consecutively. With a family in power and a father with connections to the mob, Diaz couldn’t ask for a better lawyer.

    But who cares about this legal mumbo jumbo, Diaz “retired”. If he was really done why would he care so much? Boxing, there are other places to box, ask Ali. He want to fight in the UFC again. I’m not a supporter of Diaz but I love watching him fight. We will see.

    • “If he was really done why would he care so much?”

      Because of the big ass fine they could hit him with. They castrated Karo when he pissed hot for pain pills a few years back. They nuked him for 40% of his purse which ended up being $32,000.

      • phrankthetank

        Do you think Diaz is spending less than that in legal fees?

        • Who knows. Some attorneys jump at cases like this in order to build their rep and make a name for themselves. Maybe Diaz is getting a sweetheart rate.

          I also think Nick might be getting a little help from Zuffa LLC. I don’t think for a minute that he’s really going to retire and they probably don’t think he’s retired either. They’d like to see him back in the cage sooner rather than later and a second offense for a failed “drugs of abuse” urinalysis usually carries a 12 month suspension.

          • phrankthetank

            It’s possible, but what does zuffa do with Diaz if he does get off? The rematch option is most likely off the table, ellenberger and kampmann are fighting for the no.1 contender’s spot. Diaz vs Sanchez II maybe? Does that make it worth the price tag?

          • RonnieV

            Phranky & Short Bus, good arguments (something rarely said on these pages). Short Bus, I posted the same thing about Zuffa before reading your post. If it wasn’t Zuffa, then my guess is Goodman took on the case because he is a big fight fan. Zuffa wants Diaz back in the ring, because of whack job fans like me that will pay lots of money to see him fight. Outside of GSP, no welterweight has a fan base like Diaz.

          • maddawgmar

            Maybe he does have help from Zuffa. Because Goodman is not a Gloria Allred type. He is very successful and wouldn’t jump at the opportunity to get his name out there, it’s already out there. He is the biggest Lawyer in Nevada, just because of his dad and his connections.

            I could see White saying hey we will back you in this fight against the NSAC, if you finish out your contract. He stands to make a hell of a lot of money with Diaz fighting than with him not. He figures it’s worth the cost of a high profile lawyer.

  • bajafox

    I’ve only known a handful of lawyers and every single one smoked pot, I have no doubt in my mind this guy is in it for more than just recognition. He’s getting a “stoner” out of trouble, fight the system and a chance to over turn a very controversial case. He’s probably so arrogant, he’s going to do this smoking weed the whole time. Lawyers are cocky mofos and if they have enough money, sometimes they will take on cases like this just to prove a point.

  • I can’t stand this thug Diaz or his brother. The UFC is better off without them, but the fans love an outlaw.

  • adam1848

    Can someone please help clarify…sorry, its early…

    “Jennifer Lopez, public information officer for the Nevada attorney general said, “Not only did Nick Diaz violate the law by testing positive for marijuana metabolites…”

    “The statement once again points out, as in the original complaint, that marijuana metabolites are not a prohibited substance under the rules adapted by the Nevada State Athletic Commission from WADA (World Anti-Doping Agency).”


    • Nope, you pretty much got it right.

      All this press release nonsense is based on this lame idea that because the NSAC adopted WADA rules previously, they must now adhere to them strictly. They DON’T. The commission can edit the rules as they see fit, they are the SUPREME RULING BODY on the sport of MMA in their state.

      That is why this whole thing is a joke. The commission is not going to rule against ITSELF. This lawyer can drum up all sorts of press and whining and complaining, but after his client is suspended he will find that appeals to higher courts will fall on deaf ears or just get forwarded back to the commission. This is how alot of lawyers make money, and Diaz doesn’t realize it.

      • Pretty sure Goodman filed a reply brief, he didn’t send out a “press release”.

        • And this article was written how

          • By someone in the media who is not a party to this matter. They probably used a laptop which had a keyboard containing various letters and numbers allowing the author to convey his thoughts and impression of the matter at hand.

            Just a guess though.

  • Towers66

    No matter what happens now, Nick Diaz has gained so much attention(negative and positive) that he will come back and end up being one of the biggest PPV draws in UFC history. He won’t be complaining about his paydays anymore, win or lose. Also, I highly doubt that he paid one dime of legal fees. I believe that their is more than just a few higher up fellas that see huge dollar signs when they see this situation. It’s win win for Diaz and the UFC. If he wins the case, we will see Condit or GSP as his next opponent for sure.

    • RonnieV

      I would love to see it, but I doubt he’ll get either of those two fights when he comes back. The Sanchez rematch would be pretty sexy, then one of the guys you mentioned.

    • phrankthetank

      No chance in hell does Diaz get GSP for his return fight (assuming he comes back) you have to remember that he’s coming off a loss.

  • Towers66

    If an injury happened to the Runner it would probably go to Diaz. Gsp “wants” to fight Nick Diaz. Those injury bugs always seem to attack at the most convenient times. Total wishful thinking on my part. You’re right, he probably won’t get either. I’d be happy with a Penn grudge rematch, Sanchez or really anyone.

  • fsunoles09

    peen dont have the conditioning at this point to hang with diaz but yea he wont get condit or gsp.throw em in there with ellenberger or sanchez

  • I believe that the legal argument is as sound as a dollar but the commission will certainly rule against and suspend him. They are not going to set a precedent and open the door for fighters to be able to smoke pot even if he’s using it medically. But Nick could sue them in civil court and might be able to get an injunction to have his license re-instated. That seems very doable.

  • ozwaldoBsmoke

    Marijuana is medically proven to slow reaction time, impair hand eye coordination, increase your heart rate and blood pressure, and make you less energetic and lethargic… Not to mention that smoking ANYTHING fucks up your lung capacity..


    My opinion, they should give him an extra award for fighting guys while stoned, dont punish him. Thats like comming into fights as an alcoholic and being punished for drinking a 5th of vodka before the fight to give yourself an advantage hahaha