Wanderlei Silva's lawyer doubles down on motion to dismiss NAC case
Much like his work in the Octagon, Wanderlei Silva isn't going to go down without a fight.
Silva's lawyer has responded to a letter by the Nevada attorney general by doubling down against the Nevada Athletic Commission (NAC), UFC Tonight's Ariel Helwani reports. The NAC wants to discipline Silva for skipping out on a random drug test back in May, two months before Silva was supposed to face Chael Sonnen at UFC 175 on July 5, but Ross Goodman, Silva's lawyer, argues the commission cannot do that.
Two weeks ago, Goodman filed a motion to dismiss, saying that the NAC cannot exact any kind of punishment on a fighter who is not licensed. Silva did not have a license to compete in Nevada at the time when a tester came to his gym. Goodman said that NAC precedent and language in its rules show that it can only penalize those under license.
The Nevada attorney general's office answered Goodman's motion to dismiss by sending its own motion to deny Silva's request, since the fighter was aware he was competing in July, regardless of whether or not he was licensed, and the commission was well within its bounds to test him, Helwani reported on UFC Tonight.
Goodman wrote in his latest response this week that it's clear in the commission's stature that punishments can only extend to licensees and the rules make clear that licensure is a pre-requisite before the NAC has the authority to "make a final determination of any disciplinary action to be taken against the licensee or holder of the permit."
Silva's lawyer also wrote that he would take things a step further if the commission attempts to fine and/or suspend his client.
"Consequently, any decision by the [NAC] other than acknowledging that it lacks jurisdiction to discipline non-licensees is void and subjected to reversal on the appeal to the District Court," Goodman wrote.
Silva, 38, has not fought since knocking out Brian Stann in March 2013. He could be facing a suspension of nine months or more. Silva admitted at an NAC hearing that he was on banned diuretics, saying that he used them to reduce inflammation in his injured wrist.
UFC president Dana White said last weekend that Silva would have been better off taking the test and failing rather than evading it. White doesn't think Silva will avoid punishment despite Goodman's motion.
“That’s a complete f***ing technicality that … I just can’t see that happening,” White said. “He was wrong.”
A decision should be made later this month.
