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Regarding A “Retroactive Therepeutic Use Exemption”

Analysis, discussion, commentary and opinions still fly about weeks after The Fight of the Century, in all its glory and lack thereof, unfolded in Las Vegas.
The financial results are in, and all agree, the event was a rousing success from that standpoint. About 4.4 million pay per view buys were activated, the gate at MGM Grand tallied over $71 million, the boxers will gross between $150 and $200 million each.
Bigger picture, things are not as uniformly rosy. The action was fair to middling, vastly disappointing to some uneducated to the Mayweather Method of winning, which means doing so in risk averse fashion, paying as much or more attention to defensive adeptness than offensive output.
Lawsuits are at 30 plus and counting, targeting Manny Pacquiao for entering a bout with a bum right shoulder, after suffering an injury less than a month before the clash, which had him pondering pulling out.
One element of the drama which continues to be discussed comes as a result of a story by the dean of fightwriters, Thomas Hauser, the Muhammad Ali biographer and prolific author. Hauser dropped a story on Boxing Scene on Tuesday which contained a tidbit which had eyebrows raising in many circles. The story was titled “The Big Lie” and in it, Hauser reported a previously unreported fact about the PED testing for the super-fight. Here is the portion of the Hauser story which stood out most for me:
In early March, USADA presented the Pacquiao camp with a contract that allowed the testing agency to grant a retroactive therapeutic use exemption to either fighter in the event that the fighter tested positive for a prohibited drug. That retroactive exemption could have been granted without notifying the Nevada State Athletic Commission or the opposing fighter’s camp.Team Pacquiao thought that was outrageous and an opportunity for Mayweather to game the system. Pacquiao refused to sign the contract.Thereafter, Mayweather and USADA agreed to mutual notification and the elimination of retroactive therapeutic use exemptions. A copy of the final contract contained a section entitled “Therapeutic Use Exemptions,” which states: “Mayweather and Pacquiao agree that both athletes shall be notified within 24 hours of either of the following occurrences: (1) the submission by either athlete of a TUE application; or (2) the approval by USADA of a TUE application submitted by either athlete. Additionally, any modifications to an existing TUE by either athlete shall be communicated to the other athlete within 24 hours. Notification shall include: (1) the date of the application; (2) the prohibited substance(s) or method(s) for which the TUE is sought; and (3) the manner of use for the prohibited substance(s) or method(s) for which the TUE is sought.”
That phrase, “retroactive therapeutic use exemption.”
Hauser wrote that he had in his possession a copy of the “final contract” which laid out particulars if in fact either boxer applied for an exemption, which would be the case, we can presume, if either man tested positive for a banned substance, but wished to proceed without penalty unimpeded, to be able to participate in the fight.
Boxing hasn’t had as much experience in this “therapeutic use exemption” realm as has mixed martial arts, but there have been occasions when fighters have asked for permission to be able to use a substance, one which might be seen as a “PED,” with the OK from a physician, because, they maintain, they have a legitimate medical or physical need to use said substance, which would over-ride the potential performance enhancing property of that substance.
By way of example…Lamont Peterson tested positive ahead of his May 2012 rematch with Amir Khan. He showed an elevated level of testosterone in his bodily fluid. The scrap was cancelled, and Peterson explained the issue, in a story which ran on Boxing Talk. He said he was feeling fatigued, went to get checked by a doctor, and the doctor said he “had low free testosterone.” The boxer then took “testosterone pellets,” but was flagged. He was informed that some commissions will allow a TUE, or therapeutic use exemption, but stated that he didn’t know that an allowance could possibly be made for him, and also that he didn’t think he was using anything “performance enhancing.”
Back to MayPac…
That phrasing, that seeming desire to insert what seems like a contractual loop-hole to override a positive sample, struck me as at best curious. I reached out to Mayweather publicist Kelly Swanson, and emailed a request for comment or clarification regarding the matter. I received no response.
I also reached out to the testing agency Hauser mentioned, USADA, on Tuesday evening, and they told me they would furnish a reply, and I will insert that when it arrives. (UPDATE ALERT: A reply from USADA arrived Thursday at 12:45 PM ET):
Here is the USADA response:
The information in Mr. Hauser’s article concerning the final contract for USADA to run the anti-doping program for the Mayweather/Pacquiao fight is inaccurate.
The final contract signed by both fighters was clear that any TUE that was granted would be sent to the opposing fighter within 24-hours and that the granting of TUEs would be determined by USADA in its sole discretion in accordance with the WADA International Standards for TUEs, which includes retroactive TUEs. Any approved TUE will also be sent to the Nevada State Athletic Commission. TUE processing is a normal part of all international anti-doping programs.
I wanted to compare and contrast methods of operation and standards, so I reached out to Dr. Margaret Goodman, who heads up VADA (The Voluntary Anti-Doping Association) to see where her organization stood on the TUE issue. She sent this explanation which is contained in the VADA policy statement:
6. An application for a TUE will not be considered for retroactive approval except in extremely rare cases where:a. emergency treatment or treatment of an acute medical condition was necessary, orb. due to exceptional circumstances, there was insufficient time or opportunity for an applicant to submit, or VADA to consider, an application prior to doping control.The Athlete MUST inform VADA as soon as possible by fax or email if one of these circumstances occur. A TUE will not be considered for retroactive appeal if there is a failure to timely inform VADA of the exceptional circumstances.
The issue of testing has attached itself to both these fighters for many years. Mayweather barked for many years at Pacquiao to “take the test,” and also had to publicly apologize and make a payout to Manny for insinuating he was on PEDs. Pacman’s trainer Freddie Roach has a suit lodged against him by former Pacman strength and conditioning coach Alex Ariza, whom Roach accused of giving Manny “shady” drinks. Mayweather in the leadup to MayPac boasted that he’d gotten under Manny’s skin by hiring Ariza, and has credited Ariza with being most instrumental for Manny’s success, more so than Roach. So, there is ton of water under this particular bridge…
I don’t pretend to be anything resembling an expert on PEDs and testing and regimens and protocol. Victor Conte, who runs a supplement company and advises a bunch of athletes, is; he’s been on the dark side, as a peddler, and now, he maintains, he’s seen the light and wants a clean sport, and clean athletes doing their thing on even playing fields. He is a proponent for how VADA does testing and has been quite public about not caring for the USADA way. No surprise, he took aim at USADA after learning of this development in the Hauser story. “In my opinion, the request for a retroactive TUE (Therapeutic Use Exemption) clause by the Mayweather camp was suspicious and should never have been granted by USADA,” Conte told me. “Plain and simple. The fight took place under the jurisdiction of NSAC, not USADA. The fact that USADA did not inform the NSAC of the Pacquiao injury presents serious questions” about their ties to Mayweather, he continued. Conflicts of interest can pop up, he told me, if a testing agency is being paid by one of the athletes, or by one of their cohorts. “USADA’s primary role in boxing is to serve as an independent entity and protect the health and safety of the two fighters,” he continued, and it is clear he isn’t of a mind that their independence is unquestioned.
My take: This issue is a sticky one, a controversial one, and one that is mutating. Boxing, but of course, is a sport unlike any other. It shares, with MMA, the status of being a one on one endeavor, which makes testing and subsequent potential issues of punishment, which could include cancellation of an event which has been in the planning stages for many, many months. People find it hard to fathom the possibility that the May 2 Mayweather-Pacquiao bout could have been cancelled, for whatever reason, at the 11th hour. Certainly, the discussion following the disclosure that Manny Pacquiao came in with a bad shoulder attests to that; “what did you want him to do, risk being called a wimp if he pulled out?” many folks said. Never mind the immense expense that has already been outlaid and the procedural nightmares which would ensue if refunding had to be performed, for the tickets to attend, the hotels, the airlines, etc. We do understand the “show must go on mentality.” But if that is the prevailing mindset from all parties involved, and to that end, a positive test for a PED couldn’t possibly result in the cancellation of an event, then what sort of teeth, so to speak, does the testing process really possess? If language is going to exist which would conceivably nullify any positive test, and allow an offending substance to be rendered acceptable through an exemption, shouldn’t that construct be made public? Don’t all parties involved, the fighters, the organizers, the fans, deserve that, at minumum? We need more transparency, more uniformity, if the testing procedures and post-positive protocol can be agreed upon and applied uniformly.
Wording is important, and phrases like retroactive therapeutic use exemption don’t do well in passing the smell test, if you’re not a lawyer, whose reason for vocational being maybe rests on such wordsmithery and loopholery. That fight was a let-down, beyond monies being made by a select few; what say some greater good comes from it, and better PED testing policies, free from iffy such language, are the norm when the next “super fight” comes around.
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Floyd Mayweather has Another Phenom and his name is Curmel Moton

In any endeavor, the defining feature of a phenom is his youth. Philadelphia Phillies outfielder Bryce Harper was a phenom. He was on the radar screen of baseball’s most powerful player agents when he was 14 years old.
Curmel Moton, who turns 19 in June, is a phenom. Of all the young boxing stars out there, wrote James Slater in July of last year, “Curmel Moton is the one to get most excited about.”
Moton was born in Salt Lake City, Utah. His father Curtis Moton, a barber by trade, was a big boxing fan and specifically a big fan of Floyd Mayweather Jr. When Curmel was six, Curtis packed up his wife (Curmel’s stepmom) and his son and moved to Las Vegas. Curtis wanted his son to get involved in boxing and there was no better place to develop one’s latent talents than in Las Vegas where many of the sport’s top practitioners came to train.
Many father-son relationships have been ruined, or at least frayed, by a father’s unrealistic expectations for his son, but when it came to boxing, the boy was a natural and he felt right at home in the gym.
The gym the Motons patronized was the Mayweather Boxing Club. Curtis took his son there in hopes of catching the eye of the proprietor. “Floyd would occasionally drop by the gym and I was there so often that he came to recognize me,” says Curmel. What he fails to add is that the trainers there had Floyd’s ear. “This kid is special,” they told him.
It costs a great deal of money for a kid to travel around the country competing in a slew of amateur boxing tournaments. Only a few have the luxury of a sponsor. For the vast majority, fund raisers such as car washes keep the wheels greased.
Floyd Mayweather stepped in with the financial backing needed for the Motons to canvas the country in tournaments. As an amateur, Curmel was — take your pick — 156-7 or 144-6 or 61-3 (the latter figure from boxrec). Regardless, at virtually every tournament at which he appeared, Curmel Moton was the cock of the walk.
Before the pandemic, Floyd Mayweather Jr had a stable of boxers he promoted under the banner of “The Money Team.” In talking about his boxers, Floyd was understated with one glaring exception – Gervonta “Tank” Davis, now one of boxing’s top earners.
When Floyd took to praising Curmel Moton with the same effusive language, folks stood up and took notice.
Curmel made his pro debut on Sept. 30, 2023, at the T-Mobile Arena in Las Vegas on the undercard of the super middleweight title fight between Canelo Alvarez and Jermell Charlo. After stopping his opponent in the opening round, he addressed a flock of reporters in the media room with Floyd standing at his side. “I felt ready,” he said, “I knew I had Floyd behind me. He believes in me. I had the utmost confidence going into the fight. And I went in there and did what I do.”
Floyd ventured the opinion that Curmel was already a better fighter than Leigh Wood, the reigning WBA world featherweight champion who would successfully defend his belt the following week.
Moton’s boxing style has been described as a blend of Floyd Mayweather and Tank Davis. “I grew up watching Floyd, so it’s natural I have some similarities to him,” says Curmel who sparred with Tank in late November of 2021 as Davis was preparing for his match with Isaac “Pitbull” Cruz. Curmell says he did okay. He was then 15 years old and still in school; he dropped out as soon as he reached the age of 16.
Curmel is now 7-0 with six KOs, four coming in the opening round. He pitched an 8-round shutout the only time he was taken the distance. It’s not yet official, but he returns to the ring on May 31 at Mandalay Bay in Las Vegas where Caleb Plant and Jermall Charlo are co-featured in matches conceived as tune-ups for a fall showdown. The fight card will reportedly be free for Amazon Prime Video subscribers.
Curmel’s presumptive opponent is Renny Viamonte, a 28-year-old Las Vegas-based Cuban with a 4-1-1 (2) record. It will be Curmel’s first professional fight with Kofi Jantuah the chief voice in his corner. A two-time world title challenger who began his career in his native Ghana, the 50-year-old Jantuah has worked almost exclusively with amateurs, a recent exception being Mikaela Mayer.
It would seem that the phenom needs a tougher opponent than Viamonte at this stage of his career. However, the match is intriguing in one regard. Viamonte is lanky. Listed at 5-foot-11, he will have a seven-inch height advantage.
Keeping his weight down has already been problematic for Moton. He tipped the scales at 128 ½ for his most recent fight. His May 31 bout, he says, will be contested at 135 and down the road it’s reasonable to think he will blossom into a welterweight. And with each bump up in weight, his short stature will theoretically be more of a handicap.
For fun, we asked Moton to name the top fighter on his pound-for-pound list. “[Oleksandr] Usyk is number one right now,” he said without hesitation,” great footwork, but guys like Canelo, Crawford, Inoue, and Bivol are right there.”
It’s notable that there isn’t a young gun on that list. Usyk is 38, a year older than Crawford; Inoue is the pup at age 32.
Moton anticipates that his name will appear on pound-for-pound lists within the next two or three years. True, history is replete with examples of phenoms who flamed out early, but we wouldn’t bet against it.
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Arne’s Almanac: The First Boxing Writers Assoc. of America Dinner Was Quite the Shindig

The first annual dinner of the Boxing Writers Association of America was staged on April 25, 1926 in the grand ballroom of New York’s Hotel Astor, an edifice that rivaled the original Waldorf Astoria as the swankiest hotel in the city. Back then, the organization was known as the Boxing Writers Association of Greater New York.
The ballroom was configured to hold 1200 for the banquet which was reportedly oversubscribed. Among those listed as agreeing to attend were the governors of six states (New York, New Jersey, Massachusetts, Pennsylvania, Connecticut, and Maryland) and the mayors of 10 of America’s largest cities.
In 1926, radio was in its infancy and the digital age was decades away (and inconceivable). So, every journalist who regularly covered boxing was a newspaper and/or magazine writer, editor, or cartoonist. And at this juncture in American history, there were plenty of outlets for someone who wanted to pursue a career as a sportswriter and had the requisite skills to get hired.
The following papers were represented at the inaugural boxing writers’ dinner:
New York Times
New York News
New York World
New York Sun
New York Journal
New York Post
New York Mirror
New York Telegram
New York Graphic
New York Herald Tribune
Brooklyn Eagle
Brooklyn Times
Brooklyn Standard Union
Brooklyn Citizen
Bronx Home News
This isn’t a complete list because a few of these papers, notably the New York World and the New York Journal, had strong afternoon editions that functioned as independent papers. Plus, scribes from both big national wire services (Associated Press and UPI) attended the banquet and there were undoubtedly a smattering of scribes from papers in New Jersey and Connecticut.
Back then, the event’s organizer Nat Fleischer, sports editor of the New York Telegram and the driving force behind The Ring magazine, had little choice but to limit the journalistic component of the gathering to writers in the New York metropolitan area. There wasn’t a ballroom big enough to accommodate a good-sized response if he had extended the welcome to every boxing writer in North America.
The keynote speaker at the inaugural dinner was New York’s charismatic Jazz Age mayor James J. “Jimmy” Walker, architect of the transformative Walker Law of 1920 which ushered in a new era of boxing in the Empire State with a template that would guide reformers in many other jurisdictions.
Prizefighting was then associated with hooligans. In his speech, Mayor Walker promised to rid the sport of their ilk. “Boxing, as you know, is closest to my heart,” said hizzoner. “So I tell you the police force is behind you against those who would besmirch or injure boxing. Rowdyism doesn’t belong in this town or in your game.” (In 1945, Walker would be the recipient of the Edward J. Neil Memorial Award given for meritorious service to the sport. The oldest of the BWAA awards, the previous recipients were all active or former boxers. The award, no longer issued under that title, was named for an Associated Press sportswriter and war correspondent who died from shrapnel wounds covering the Spanish Civil War.)
Another speaker was well-traveled sportswriter Wilbur Wood, then affiliated with the Brooklyn Citizen. He told the assembly that the aim of the organization was two-fold: to help defend the game against its detractors and to promote harmony among the various factions.
Of course, the 1926 dinner wouldn’t have been as well-attended without the entertainment. According to press dispatches, Broadway stars and performers from some of the city’s top nightclubs would be there to regale the attendees. Among the names bandied about were vaudeville superstars Sophie Tucker and Jimmy Durante, the latter of whom would appear with his trio, Durante, (Lou) Clayton, and (Eddie) Jackson.
There was a contraction of New York newspapers during the Great Depression. Although empirical evidence is lacking, the inaugural boxing writers dinner was likely the largest of its kind. Fifteen years later, in 1941, the event drew “more than 200” according to a news report. There was no mention of entertainment.
In 1950, for the first time, the annual dinner was opened to the public. For $25, a civilian could get a meal and mingle with some of his favorite fighters. Sugar Ray Robinson was the Edward J. Neil Award winner that year, honored for his ring exploits and for donating his purse from the Charlie Fusari fight to the Damon Runyon Cancer Fund.
There was no formal announcement when the Boxing Writers Association of Greater New York was re-christened the Boxing Writers Association of America, but by the late 1940s reporters were referencing the annual event as simply the boxing writers dinner. By then, it had become traditional to hold the annual affair in January, a practice discontinued after 1971.
The winnowing of New York’s newspaper herd plus competing banquets in other parts of the country forced Nat Fleischer’s baby to adapt. And more adaptations will be necessary in the immediate future as the future of the BWAA, as it currently exists, is threatened by new technologies. If the forthcoming BWAA dinner (April 30 at the Edison Ballroom in mid-Manhattan) were restricted to wordsmiths from the traditional print media, the gathering would be too small to cover the nut and the congregants would be drawn disproportionately from the geriatric class.
Some of those adaptations have already started. Last year, Las Vegas resident Sean Zittel, a recent UNLV graduate, had the distinction of becoming the first videographer welcomed into the BWAA. With more and more people getting their news from sound bites, rather than the written word, the videographer serves an important function.
The reporters who conducted interviews with pen and paper have gone the way of the dodo bird and that isn’t necessarily a bad thing. A taped interview for a “talkie” has more integrity than a story culled from a paper and pen interview because it is unfiltered. Many years ago, some reporters, after interviewing the great Joe Louis, put words in his mouth that made him seem like a dullard, words consistent with the Sambo stereotype. In other instances, the language of some athletes was reconstructed to the point where the reader would think the athlete had a second job as an English professor.
The content created by videographers is free from that bias. More of them will inevitably join the BWAA and similar organizations in the future.
Photo: Nat Fleischer is flanked by Sugar Ray Robinson and Tony Zale at the 1947 boxing writers dinner.
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Gabriela Fundora KOs Marilyn Badillo and Perez Upsets Conwell in Oceanside

It was just a numbers game for Gabriela Fundora and despite Mexico’s Marilyn Badillo’s elusive tactics it took the champion one punch to end the fight and retain her undisputed flyweight world title by knockout on Saturday.
Will it be her last flyweight defense?
Though Fundora (16-0, 8 KOs) fired dozens of misses, a single punch found Badillo (19-1-1, 3 KOs) and ended her undefeated career and first attempt at a world title at the Frontwave Arena in Oceanside, California.
Fundora, however, proves unbeatable at flyweight.
The champion entered the arena as the headliner for the Golden Boy Promotion show and stepped through the ropes with every physical advantage possible, including power.
Mexico’s Badillo was a midget compared to Fundora but proved to be as elusive as a butterfly in a menagerie for the first six rounds. As the six-inch taller Fundora connected on one punch for every dozen thrown, that single punch was a deadly reminder.
Badillo tried ducking low and slipping to the left while countering with slashing uppercuts, she found little success. She did find the body a solid target but the blows proved to be useless. And when Badillo clinched, that proved more erroneous as Fundora belted her rapidly during the tie-ups.
“She was kind of doing her ducking thing,” said Fundora describing Badillo’s defensive tactics. “I just put the pressure on. It was just like a train. We didn’t give her that break.”
The Mexican fighter tried valiantly with various maneuvers. None proved even slightly successful. Fundora remained poised and under control as she stalked the challenger.
In the seventh round Badillo seemed to take a stand and try to slug it out with Fundora. She quickly was lit up by rapid left crosses and down she went at 1:44 of the seventh round. The Mexican fighter’s corner wisely waved off the fight and referee Rudy Barragan stopped the fight and held the dazed Badillo upright.
Once again Fundora remained champion by knockout. The only question now is will she move up to super flyweight or bantamweight to challenge the bigger girls.
Perez Beats Conwell.
Mexico’s Jorge “Chino” Perez (33-4, 26 KOs) upset Charles Conwell (21-1, 15 KOs) to win by split decision after 12 rounds in their super welterweight showdown.
It was a match that paired two hard-hitting fighters whose ledgers brimmed with knockouts, but neither was able to score a knockdown against each other.
Neither fighter moved backward. It was full steam ahead with Conwell proving successful to the body and head with left hooks and Perez connecting with rights to the head and body. It was difficult to differentiate the winner.
Though Conwell seemed to be the superior defensive fighter and more accurate, two judges preferred Perez’s busier style. They gave the fight to Perez by 115-113 scores with the dissenter favoring Conwell by the same margin.
It was Conwell’s first pro loss. Maybe it will open doors for more opportunities.
Other Bouts
Tristan Kalkreuth (15-1) managed to pass a serious heat check by unanimous decision against former contender Felix Valera (24-8) after a 10-round back-and-forth heavyweight fight.
It was very close.
Kalkreuth is one of those fighters that possess all the physical tools including youth and size but never seems to be able to show it. Once again he edged past another foe but at least this time he faced an experienced fighter in Valera.
Valera had his moments especially in the middle of the 10-round fight but slowed down during the last three rounds.
One major asset for Kalkreuth was his chin. He got caught but still motored past the clever Valera. After 10 rounds two judges saw it 99-91 and one other judge 97-93 all for Kalkreuth.
Highly-rated prospect Ruslan Abdullaev (2-0) blasted past dangerous Jino Rodrigo (13- 5-2) in an eight round super lightweight fight. He nearly stopped the very tough Rodrigo in the last two rounds and won by unanimous decision.
Abdullaev is trained by Joel and Antonio Diaz in Indio.
Bakersfield prospect Joel Iriarte (7-0, 7 KOs) needed only 1:44 to knock out Puerto Rico’s Marcos Jimenez (25-12) in a welterweight bout.
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