Wanderlei Silva Files Motion to Dismiss; NAC Postpones Hearing for Evading Drug Test

August 21, 2014
4 Comments

Wanderlei Silva NSAC HearingWanderlei Silva appeared before the Nevada Athletic Commission in June for evading a random drug test related to his then-scheduled bout with Chael Sonnen at UFC 175 on July 5.

He readily admitted evading the test and stated that he had been taking anti-inflammatories and a diuretic at the time he fled from the tester that the NAC had sent to his gym in late May. Diuretics are prohibited substances for licensed fighters in Nevada.

SEE ALSO: Wanderlei Silva Admits to Evading Drug Test

Silva’s was subsequently removed from the bout, which was eventually cancelled altogether when after Sonnen failed a random drug test related to the bout.

Silva’s disciplinary situation was to be addressed at Thursday’s NAC meeting in Las Vegas, but the fighter’s camp filed a last-minute motion to dismiss the disciplinary complaint against him. Not having time to review and address the motion prior to Thursday’s meeting, the agenda item to address Silva’s disciplinary complaint was tabled to a future meeting.

After the June NAC meeting, where the commission made it clear that it had intended to file a disciplinary complaint against Silva, the fighter put out a statement via video that seemed to indicate he believed the matter was behind him.

“When they sent that guy to my gym, I was still taking diuretics,” Silva state in the video. “And when you fail a test people don’t want to know if it was diuretics or steroids. I don’t use PEDs or steroids.

“I have nothing to hide and I am glad we solved this. Now I’m waiting for Sonnen’s suspension to end or (Vitor) Belfort to get licensed.”

SEE ALSO: Wanderlei Silva, “I have nothing to hide.”

Silva obviously realizes now that the matter is not solved.

Stay tuned to MMAWeekly.com for updates on Silva’s situation as they develop.

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  • SHORT_BUS

    The NSAC doesn’t have a legal leg to stand on with this case. How can
    they compel someone to undergo testing when they aren’t even licensed to
    compete in their state? If he has a decent lawyer, he will walk with no
    penalty.

    Time will tell

    • Mike

      There was a verbal agreement already in place as the bout was in Vegas and therefore everyone on the card fell under the authority of the NSAC. Judges takes verbal agreements seriously, especially when they’re part of an already accepted protocol. Add to that the fact that the hearing is in Vegas where the NSAC has immense amounts of influence above and beyond the influence they have over fight sports regulation in America in general and it’s pretty easy to see how Silva won’t walk with “no penalty.” Plus he just made his life a living hell with regards to the next time he applies for a fight license anywhere in the US even if he somehow does manage to prevail. This was a stupid move (almost as stupid as evading the test).

      • SHORT_BUS

        I agree that what he did was stupid and it’s obvious the man was cheating. Diuretic or something else, who know. But he was not licensed in Nevada when they attempted to get a sample from him. Verbal agreement, signed bout agreement… I don’t think the commission has the authority to demand anything from anyone unless they are licensed to compete in their jurisdiction.

        Remember when Reem hopped a flight to Holland a couple years ago to avoid an NSAC drug test? They still licensed him for his next fight. Although they did implement some stricter testing guidelines as a term of his license. How about Vitor? He melted the friggin bottle and had to bow out of the Weidman fight. But they still licensed him for a title fight that will take place in December. And just like Overeem, they added stricter testing as a condition of his license and he accepted those conditions. Neither fighter was hit with a monetary fine or suspension… why? Because the commission didn’t have the ability to or authority to do so.

        Mayweather is set to fight Maidana on September 13th at the MGM. For the sake of argument, lets assume he’s not currently licensed in Nevada… If the commission sent the pee patrol to Floyd’s gym today and said fill-r-up, what do you think he would say? And if he did refuse, would they do anything?

        But what do I know. I have no real legal training and I’m more of a shithouse lawyer than anything else. Guess we’ll find out in time.

        I think he will go unpunished, but it will be extremely hard for him to get licensed in a state that has a legitimate AC without having extra stipulations. We might see him fight overseas or in a state with a less established or “looser” commission (like Texas) rather than states like Nevada, New Jersey or California. Wand vs Hendo in Brazil anyone?

        Sorry for the novel.

  • brad king

    comeon vander never took a steriod in his life. he just part beast