Wanderlei Silva gets lifetime ban

[m52nickerson]

Well that is wrong, because they couldn't do anything to Julio Cesar Chavez when they fined him $1million and he didn't pay the fine, until he applied for a licence again.

Couldn't or wouldn't?

http://forums.sherdog.com/forums/newreply.php?do=newreply&p=99121437

"Nevada commission executive director Keith Kizer told ESPN.com that even if Chavez refuses to pay the fine and never fights in Nevada again, the commission can still get its money by attaching his purse paid by another commission."

 

[kmeyers]

He only can if the UFC allows him, which they won't, and he can't fight for any other org because he is still under contract with the UFC and they'd sue the shit out of him if he tried.

But you can not take away a person's right to earn a living. The NSAC banned him. The UFC can no longer use him as a fighter. This is much more tricky than, "he's under contract."

His contract has a certain number of fights on it. The UFC has to honor those fights in a certain amount of time. They can't do that because he's banned. So they either have to pay him for the fights left on his contract, or let him out of it.

 

[Hans Gruber]

at the pre-fight presser for 146 (the same thing wand did for 175) he was told before the press conference that all fighters would be tested. After the presser finished he ran. The NSAC director (at the time) Keith Kizer phoned him and told him to return or he would be in serious trouble. He returned and failed the test (that is why Mir fought JDS). he failed and was given a 9 month suspension.

the 141 situation is different ( although in my opinion he did run, but claimed he left before being notified to visit his sick mother in Holland). if you want me to run down that situation i can...but it is not apples to apples to wand's case.

Overeem ran twice you clown. (You are the guy that called me an idiot? What a joke)

You are a joke for acting like what Overeem and Wanderlei did is much different at all.

#1 (First time Overeem ran)

After UFC 146 Overeem fled the country and flew to Holland after finding out about a drug test. Somehow his assistant couldn't get a hold of him until 3 days later. Then he waited 4 more days before he went and did a test at a lab (when whatever he took would be out of his system). He wasn't fined or even banned for fleeing.

#2 (Second time Overeem ran)

Overeem found out they were drug testing after a press conference for UFC 146. He ran away and sped off before he finally got tracked down and took a test.

He failed and only got 9 months.



Overeem ran away 2 times and was only penalized 1 time for 9 months.

The NSAC is being very inconsistent and have no precedence for a lifetime ban. They should issue a warning that from now on if you run you get a lifetime ban and give Wand a 1-2 year ban

Again....Overeem ran twice and only got i1 slap on the wrist.

 

[giusti825]

This refers to the period where the fighter was licenced. If the licence expires, they still have jurisdiction to discipline him for anything that happened during the period he was licenced.

Being licenced once, doesn't give them lifetime jurisdiction over you for anything you do for the rest of your life.

So its not only the NSAC that cant read and understand their own rules...lol.

 

[aker2703]

NSAC = Nevada State Athletic Commission , right ? So , he got a lifetime ban in the Nevada State , correct ? ( feel free to correct me , just heard the news )

yes, but in reality he is not fighting anywhere in the US or overseas. The UFC will not go against the NSAC, so they will not give him any fights.

Wand is under UFC contract and that contract will freeze while he is suspended/retired, so he can't fight for anybody else either.

pretty much wand is fucked.

 

[giusti825]

Vitor actually had a bout agreement and had signed.

Wanderlei apparently had yet to sign the bout agreement. That's the difference.

He was still not licensed.

They didnt take any action until he went and applied for a license.

The issue here is Licensee, not bout agreement. Even if someone had signed a bout agreement, they are not subject to disciplinary action until they are a licensee.

 

[countswagula]

Couldn't or wouldn't?

http://forums.sherdog.com/forums/newreply.php?do=newreply&p=99121437

"Nevada commission executive director Keith Kizer told ESPN.com that even if Chavez refuses to pay the fine and never fights in Nevada again, the commission can still get its money by attaching his purse paid by another commission."

If the other commission complies with the NSAC on this, which wouldn't exactly be a given. And still that would be fundamentally different from seizing your property in the same way a bank would.

 

[Boom_Ba_Ye]

Couldn't or wouldn't?

http://forums.sherdog.com/forums/newreply.php?do=newreply&p=99121437

"Nevada commission executive director Keith Kizer told ESPN.com that even if Chavez refuses to pay the fine and never fights in Nevada again, the commission can still get its money by attaching his purse paid by another commission."

You are right on this. Because he failed the test when he was licenced so even though the licence expired, they still had jurisdiction to collect. My bad on that one.

However, say he is seen smoking weed today in Nevada, do Nevada still have jurisdiction to punish for that today because he was once licenced to fight in Nevada for a period of time? That's my question to you.

 

[MMABr]

lol at them...

WAR WAND!

 

[m52nickerson]

He was still not licensed.

They didnt take any action until he went and applied for a license.

That is the argument Silva's lawyer submitted to the commisson. They disagreed, as they are the ones that interpret their rules.

Now it will go before the courts whom will judge if the comission has the authority through the statute the implement it's rules as it has.

 

[aker2703]

Overeem ran twice you clown. (You are the guy that called me an idiot? What a joke)

You are a joke for acting like what Overeem and Wanderlei did is much different at all.

#1 (First time Overeem ran)

After UFC 141 Overeem fled the country and flew to Holland after finding out about a drug test. Somehow his assistant couldn't get a hold of him until 3 days later. Then he waited 4 more days before he went and did a test at a lab (when whatever he took would be out of his system). He wasn't fined or even banned for fleeing.

#2 (Second time Overeem ran)

Overeem found out they were drug testing after a press conference for UFC 146. He ran away and sped off before he finally got tracked down and took a test.

He failed and only got 9 months.

He ran away 2 times and was only penalized 1 time for 9 months.

The NSAC is being very inconsistent and have no precedence for a lifetime ban. They should issue a warning that from now on if you run you get a lifetime ban and give Wand a 1-2 year ban

Again....Overeem ran twice and only got i1 slap on the wrist.

#1 the NSAC accepted his testimony about returning to see his sick mother and took the test as soon as he was made aware that he needed too. Now you can laugh at this (i do) and call BS, but that doesn't change the outcome of the decision by the NSAC.

#2 he returned (within minutes) and took the test.

so clown boy the cases against Overeem are not similar to Wand's case at all.

 

[Jopo]

Reeks of UFC influence. No one gets a lifetime ban for first offense.

 

[El Che]

The NSAC is a joke like the NFL in terms of how they handle things. Terribly inconsistent and incompetent.

 

[m52nickerson]

If the other commission complies with the NSAC on this, which wouldn't exactly be a given. And still that would be fundamentally different from seizing your property in the same way a bank would.

Most of the state commissions play nice with each other. It is also very easy to place a lien on a person's property. Hell, in most states private buisnesses can do it if they can prove to a court you own them money.

 

[Hans Gruber]

#1 the NSAC accepted his testimony about returning to see his sick mother and took the test as soon as he was made aware that he needed too. Now you can laugh at this (i do) and call BS, but that doesn't change the outcome of the decision by the NSAC.

#2 he returned (within minutes) and took the test.

so clown boy the cases against Overeem are not similar to Wand's case at all.

You are dead wrong.

Overeem ran twice. He returned the 2nd time after they warned him and Kizer got ahold of him and threatened him.. That is the difference. Overeem ran twice and only got a 9 month suspension out of everything.

You are saying the difference is that they bought Overeem's story but not Wanderlei's. that totally proves my point. Overeem and Wanderlei did the same thing but forgave one fighter and buried another.

You would think after Overeem ran twice they would give him more than a 9 month ban

 

[countswagula]

#1 the NSAC accepted his testimony about returning to see his sick mother and took the test as soon as he was made aware that he needed too. Now you can laugh at this (i do) and call BS, but that doesn't change the outcome of the decision by the NSAC.

#2 he returned (within minutes) and took the test.

so clown boy the cases against Overeem are not similar to Wand's case at all.

You are still ignoring the key difference that Overeem had already been licensed, fought and beat the shit out of his opponent when he fled his test, and none of those were true for Wanderlei.

 

[aker2703]

But you can not take away a person's right to earn a living. The NSAC banned him. The UFC can no longer use him as a fighter. This is much more tricky than, "he's under contract."

His contract has a certain number of fights on it. The UFC has to honor those fights in a certain amount of time. They can't do that because he's banned. So they either have to pay him for the fights left on his contract, or let him out of it.

I guarantee you are incorrect on this point.

 

[m52nickerson]

You are still ignoring the key difference that Overeem had already been licensed, fought and beat the shit out of his opponent when he fled his test, and none of those were true for Wanderlei.

Wanderlei had a license that had expired, as I posted the commission can still take action. Not to mention he fit the definition of a contestant to start with.

 

[SerrabyTKO]

But you can not take away a person's right to earn a living. The NSAC banned him. The UFC can no longer use him as a fighter. This is much more tricky than, "he's under contract."

That's simply not true. The UFC are just not allowed to use him as a fighter in NEVADA. They can technically fight him in any other jurisdiction. But all of the other AC's in the country would enforce the fine as well. Also, the UFC wouldn't go against them because they are so dependent of the AC's. Thumbing their noses at them would just make life incredibly hard and Wand just aint worth that.

Wand is also free to peruse his a living in any field that he wants too. If that field is professional fighting, he has to pay the fine and serve his suspension fist. No one is denying anyone anything that they are not legally allowed to.

His contract has a certain number of fights on it. The UFC has to honor those fights in a certain amount of time. They can't do that because he's banned. So they either have to pay him for the fights left on his contract, or let him out of it.

That's not how it works at all. The UFC is under no obligation to scheduled fights in a certain timeframe. I would love to know where you heard that.

They don't have to to any of that. The contracts state that Wand has to fight for them exclusively for a certain number of fights. If he fights those fights, he gets payed. if he doesn't he doesn't. After that contract is up, he was the ability to renegotiate or seek another contract in another org.

The UFC can just not scheduled him for as long as they please and are within their rights to do it. IF it goes to court all they need to do is point to his indefinite ban and unpaid fine.

 

[KoChang]

Overeem ran twice you clown. (You are the guy that called me an idiot? What a joke)

You are a joke for acting like what Overeem and Wanderlei did is much different at all.

#1 (First time Overeem ran)

After UFC 146 Overeem fled the country and flew to Holland after finding out about a drug test. Somehow his assistant couldn't get a hold of him until 3 days later. Then he waited 4 more days before he went and did a test at a lab (when whatever he took would be out of his system). He wasn't fined or even banned for fleeing.

#2 (Second time Overeem ran)

Overeem found out they were drug testing after a press conference for UFC 146. He ran away and sped off before he finally got tracked down and took a test.

He failed and only got 9 months.



Overeem ran away 2 times and was only penalized 1 time for 9 months.

The NSAC is being very inconsistent and have no precedence for a lifetime ban. They should issue a warning that from now on if you run you get a lifetime ban and give Wand a 1-2 year ban

Again....Overeem ran twice and only got i1 slap on the wrist.

This. NSAC is a joke organization that has the credibility of a snake oil salesman.