LAWFUEL – The Legal Newswire – United States Attorney Robert E. O’Neill announced today the sentence of James Gahan, age 41, formerly of Lady Lake, Florida. Mr. Gahan previously pled guilty to distribution of the anabolic steroid testosterone, to his minor son. On January 7, 2008, the
Honorable Judge James D. Whittemore sentenced Mr. Gahan to a term of 72 months imprisonment, and a term of supervised release of 3 years, which specifically includes 500 hours of community service, 100 of which Mr. Gahan is required to devote to informing the public of his experience with steroids, and the dangers associated with steroids.
According to the plea agreement, in 2002, the defendant’s minor son, age 13, (“the minor”) was competing as an amateur in-line roller skater in competitions organized by USA Roller Sports (“USARS”) and other organizations. The minor competed in races throughout the United States, as well as in international races. In April 2002, the defendant employed Phillip C. Pavicic to train his son. During this time period, Pavicic,
owned and operated Polo Health and Fitness Inc., doing business as, World Gym, in Ocala, Florida. The defendant discussed with Pavicic the competitive advantages of performance enhancement drugs. The defendant specifically discussed with Pavicic about starting the minor on a testosterone cycle to assist the minor in gaining a competitive
advantage. Before his relationship with the defendant and the minor, Pavicic had been obtaining, amongst other substances, the anabolic steroid testosterone from John Todd Miller (“Miller”). Miller operated a “store front” business in the Tampa Bay area known as either the “Pasco Medical Center,” or the “Physicians Wellness Institute,” which operated with the primary purpose of illegally distributing steroids and other substances. Miller charged normally between $300 and $2,800 for a steroid cycle. In April 2002, Pavicic traveled with the minor to meet Miller, and to discuss putting the minor on a testosterone
cycle. Miller ordered a blood test on the minor. The results of the blood work showed that the minor was already taking some type of synthetic testosterone because the minor’s testosterone levels were exceedingly high. Miller discussed with the defendant and Pavicic that the minor should not receive any further steroids until the levels were brought back to a normal range. Soon after, the minor’s testosterone level dropped to a normal range, Miller began the minor on a steroid cycle, specifically providing the minor with Testosterone
Cypinate. During the summer of 2002, Pavicic trained the minor and assisted the minor in obtaining steroids from Miller. However, in August 2002, Pavicic and the defendant severed their relationship based upon reasons not related to the training of the minor.
After Pavicic was no longer involved with the minor’s training, the defendant began taking the minor to Miller to obtain steroids. Additionally, the defendant himself began receiving steroids from Miller for his own use. From approximately August, 2002, until March, 2003,
the defendant received steroids for himself and for the minor by either coming to Miller’s storefront in Tampa Bay and allowing Miller to inject the minor and the defendant, or by receiving the steroids through the mail with instructions on how to inject the steroids.
In April, 2003, the defendant severed his relationship and the minor’s relationship with Miller. Specifically, the defendant and Miller entered into a business venture together which failed and resulted in personal animosity. As a result of the severed relationship, the
defendant reported to law enforcement that Miller was operating a storefront to illegally distribute steroids, and that Miller and Pavicic had distributed steroids to the minor without the defendant’s knowledge. The defendant lied to law enforcement about his participation
in the distribution of steroids to the minor. Specifically, the defendant advised law enforcement that he believed Miller to be a legitimate doctor who specialized in treating athletes, based upon the fact that almost every time that he was in Miller’s storefront he
observed numerous professional wrestlers, law enforcement officers, and other individuals in the storefront for treatment. The defendant stated that as soon as he found out that Miller was giving the minor steroids he reported it to law enforcement. As a result of the
defendant’s information, Miller and Pavicic were arrested and prosecuted for their involvement in the distribution of steroids to the minor as well as to other individuals.
Soon after reporting Miller and Pavicic to law enforcement, and assisting in Miller and Pavicic’s prosecutions, the defendant located another source for performance enhancement drugs for the minor and himself. Specifically, in approximately December,
2004, the defendant began obtaining performance enhancement drugs from a doctor located in DeLand, Florida. The defendant obtained the anabolic steroid, Testosterone Cypinate, and Somatropin, which is a human growth hormone from the DeLand doctor through prescriptions in the defendant’s name. The defendant utilized Signature Pharmacy
in Orlando, Florida to fulfill the prescriptions. From approximately, December, 2004 until March, 2007, the defendant was obtaining Testosterone Cypinate, Somatropin, as well as
other substances based upon prescriptions filled at Signature Pharmacy.
The defendant provided some of the Testosterone Cypinate, Somatropin, or other substances obtained by prescription from Signature Pharmacy to the minor. During one period of time the minor was living and training in North Carolina, and as such the defendant at times would fulfill the prescriptions in Orlando, Florida, and then mail the
Testosterone Cypinate, Somatropin, or other substances to the minor in North Carolina.
The defendant continued to provide anabolic steroids and other performance enhancement drugs to the minor until at least August, 2005, during which time period the minor was confronted by the United States Anti-Doping Agency (“USADA”) for his synthetic
testosterone use based upon positive tests. Specifically, the minor was competing in a USARS event to qualify for the junior national team to represent the United States in an international competition to be held in China. The minor was tested four times, and three tests came back positive for the use of synthetic testosterone. Soon after, the minor’s
positive tests by USADA, law enforcement interviewed the minor, who eventually and reluctantly admitted that he was using the anabolic steroid testosterone, the human growth hormone, Somatropin, as well as other substances, and that it was the defendant who was
obtaining the substances and providing them to the minor. Further, the minor admitted that when he first began training with Pavicic and obtaining testosterone from Miller, the defendant was fully involved in the distribution of the steroids to the minor. Specifically,
the minor stated that the defendant knew, and was involved from the very beginning when the minor first began using steroids. The minor acknowledged that after Pavicic stopped training the minor, the minor would go with the defendant to Miller’s storefront so that the
defendant and the minor could obtain testosterone together. The minor stated that when the defendant reported Miller and Pavicic to law enforcement, the minor lied about the defendant’s knowledge and involvement because the minor never wanted the defendant
to get into trouble.
Travis Tygart, the Chief Executive Officer of the United States Anti-Doping Agency
added that “This is a landmark case demonstrating that the abuse of performance enhancement drugs extends well beyond the major sports in America, and involves all ages of athletes. This is also another case demonstrating that the problem of doping in sports does not just involve the athletes themselves. USADA strongly believes that coaches, trainers, family members, or any other support personal involved in the doping
problem in sports should also be held accountable for their actions.”
This case was investigated by the Drug Enforcement Administration, and the Hillsborough County Sheriff’s Office. This case was prosecuted by Assistant United States Attorney Anthony Porcelli.
