What we know about Jessica Penne’s case against USADA

Jessica Penne’s ongoing issue with USADA is complicated and potentially career-ending. Here’s what we know about it so far.

[autotag]Jessica Penne[/autotag], the former Invicta FC champion and UFC title challenger, revealed a new sanction placed in her years-long case with the U.S. Anti-Doping Agency.

Penne, who was first flagged by USADA in May 2017, has been fighting to clear her name and claims no intentional wrongdoing for the banned substance in her system. She believes the agency, which serves as the UFC’s official anti-doping partner, is trying to force her into retirement.

Here’s what we know based on a timeline of developments.

(Editor’s note: This will continue to be updated as events unfold.)

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May 10, 2017: Penne flagged after biological passport review

Penne’s saga against USADA begins when the agency announces she is the first UFC athlete flagged for potential doping violation following biological passport review.

A sample collected on Mar. 20, 2017 was initially reported as negative, but a review of Penne’s biological passport – which, according to the World Anti-Doping Association, is used “to monitor selected biological variables over time that indirectly reveal the effects of doping rather than attempting to detect the doping substance or method itself.”

Essentially, a variance in the biological passport detected over time can trigger additional screening, such as a Carbon Isotope Ratio test, to determine the presence of a synthetic substance in the body, even at low levels – or if the substance, itself, can’t be directly identified.

Jan. 5, 2018: Penne gets 18-month suspension for unspecified steroid

USADA announces Penne has accepted an 18-month suspension because she tested positive for the presence of an anabolic androgenic steroid of exogenous origin. USADA offered a statement on the situation:

“Under the UFC Anti-Doping Policy, as well as the World Anti-Doping Code, an athlete’s period of ineligibility for using a prohibited substance may be decreased if the athlete lacks significant fault for the anti-doping policy violation. In this instance, although Penne was not successful in her attempt to obtain a retroactive or prospective Therapeutic Use Exemption (TUE) for DHEA after her positive test, it was determined that her degree of fault was reduced because her use of the prohibited substance was under the care of a physician. Accordingly, Penne received a corresponding reduction to 18 months from the standard two-year period of ineligibility for a non-Specified Substance under the UFC Anti-Doping Policy.”

Jan. 10: Penne releases statement revealing new 4-year ban

After a long run of silence regarding her case, Penne took to social media to release an emotional statement claiming she is “broke, defeated and heart broken” after years of battling her case.

Penne said she spent thousands of dollars “testing medications and supplements (most of which were 3rd party certified that the UFC PI gave me),” and that the lab that handled the screens did identify banned substances in the products. While Penne assumed “my name would be cleared and I could return to fighting,” she says USADA officials informed her that independent testing they conducted found different results, and that they planned on handing her a second violation, which means a mandatory four-year suspension from competition.

Jan. 10: USADA responds to Penne’s public claims

Hours after Penne issued her statement, USADA responds with a counter-argument about the ongoing case and claimed a disparity in the facts.

“Given Jessica Penne’s public statement, we can confirm her positive test for stanozolol. However, there are many factual inaccuracies and unfounded allegations in her statement, including that she has been forced out of UFC. In fact, she has exercised her right to contest her case before an independent arbitrator, per a request USADA received after she released her public statement. Under the UFC Anti-Doping Policy, all athletes have the right to present the facts and circumstances during a full evidentiary hearing. We look forward to the opportunity to present the facts and evidence through this process.”

Jan. 11: Penne launches GoFundMe for case funds

The day after the latest development in her story became public, Penne’s team launched a GoFundMe campaign asking for financial assistance from the public to help support her legal battle against USADA.

“I am setting up this campaign on behalf of my client, Jessica Penne,” a statement from her manager, Brian Butler-Au read. “Jessica is a UFC strawweight who has been wrongly suspended for the last 3 years by USADA for claims that are proven invalid. She served the suspension but again has been accused of a violation in which her along with the help of the UFC have found to be a mistake. She spent all of her remaining savings on the testing of products to fight and prove her innocence which paid off (as the tests came back in her favor). She now has all of the paperwork that proves her innocence but is left in the position to have to fight USADA head on in court. This campaign is set up to help raise the money to cover the legal fees and save her career before its to (sic) late. From here (sic) team here at SuckerPunch Entertainment we thank everyone for their support and we are ready to fight this and get her back in competition.”

Jan. 11: Manager shares document regarding contaminated medication

Penne’s manager, Brian Butler of SuckerPunch Entertainment, reveals an “official document” from independent testers KorvalLabs proving contaminated medication that was taken by Penne. He argued that should be enough evidence to exonerate Penne.

Jessica Penne ready to battle USADA, camp launches GoFundMe campaign to ‘save her career’

One day after revealing her struggles with the USADA, Jessica Penne’s team is turning to the public to help aid her battle.

One day after revealing her struggles with the U.S. Anti-Doping Agency, [autotag]Jessica Penne[/autotag] is turning to the public to help aid her battle against the UFC’s official anti-doping partner.

With Penne (12-5 MMA, 3-1 UFC) facing a potential four-year suspension for what USADA has labeled a second infraction of the UFC Anti-Doping Program, the former Invicta FC atomweight champion and onetime UFC strawweight title challenger on Friday revealed she doesn’t have the money it would take to battle the agency in court and said the sanction would essentially end her career. Now her reps at SuckerPunch Entertainment have assisted in launching a GoFundMe campaign in an effort for Penne to have her day in court.

I am setting up this campaign on behalf of my client, Jessica Penne. Jessica is a UFC strawweight who has been wrongly suspended for the last 3 years by USADA for claims that are proven invalid. She served the suspension but again has been accused of a violation in which her along with the help of the UFC have found to be a mistake. She spent all of her remaining savings on the testing of products to fight and prove her innocence which paid off (as the tests came back in her favor). She now has all of the paperwork that proves her innocence but is left in the position to have to fight USADA head on in court. This campaign is set up to help raise the money to cover the legal fees and save her career before its to late. From here team here at SuckerPunch Entertainment we thank everyone for their support and we are ready to fight this and get her back in competition.

Thank you,
Team Penne

Penne’s campaign has an initial goal of $40,000, an amount she indicated in her initial statement she believes it will take to cover the legal fees necessary to prove her case.

On Friday, Penne revealed she had been presented with a four-year sanction from USADA, which she is currently refusing to sign, instead declaring her innocence. The order stems from the results of an April 2019 drug test, where Penne said “an extremely low level of stanozolol was found was found in my system (picogram levels).”

At the time, Penne believed contaminated supplements to be the culprit, and she paid to have independent testing done on the products she was taking – one of which she said was found to have stanozolol, a synthetic steroid that is banned at all times under USADA code.

Penne’s manager, Brian Butler-Au shared a screenshot of the results, which the fighter assumed would clear her return to competition, via his Instagram story.

While Penne has indicated she has received support from UFC officials during this process, the company has yet to issue a statement. Meanwhile, USADA officials have indicated they find “factual inaccuracies and unfounded allegations” in Penne’s claims and “look forward to the opportunity to present the facts and evidence” in a future hearing.

Penne has already served an 18-month suspension due the finding of an anabolic steroid of exogenous origin in association with an out-of-competition test taken in March 2017.

Penne did not discuss the matter at the time, but in her recent statement said she “was upset because I did not knowingly break the rules but I took ownership, kept my mouth shut and served my sentence.” That order was reduced from two years to 18 months due to Penne’s willingness to cooperate with USADA’s investigation, as well as the indication that she was taking the anabolic agent dehydroepiandrosterone (DHEA) under doctor’s orders.

Penne has not fought since an April 2017 loss to Danielle Taylor and said that she does not have the financial resources available to back her legal case.

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Jessica Penne ‘broke, defeated and heart broken,’ says new 4-year USADA ban will end her career

Jessica Penne says that after years of stress and thousands of dollars spent battling her case, she fears her fighting career may be over.

Former UFC strawweight title challenger [autotag]Jessica Penne[/autotag] says that after years of stress and thousands of dollars spent battling her case, she fears her fighting career may be over.

Penne (12-5 MMA, 3-1 UFC) said that she is currently facing a four-year ban from competition from the U.S. Anti-Doping Agency, following what the UFC’s official anti-doping partner has labeled a second infraction of the UFC Anti-Doping Program.

In a lengthy post to Instagram, the 36-year-old Penne outlined a series of events that has kept her sidelined since an April 2017 loss to Danielle Taylor at UFC Fight Night 108 – and could potentially signal the end of a professional career that launched in 2006.

View this post on Instagram

To all of my fans and everyone who ever supported me

A post shared by Jessica Penne (@jessicapenne) on

Penne’s saga began, she said, with a doctor prescribing “an over the counter medication that would balance out my extremely deficient hormone levels.” Unfortunately, while a pre-fight drug test administered before the contest was initially reported as negative, Penne became the first UFC athlete flagged following a review of her biological passport, which, according to the World Anti-Doping Association, is used “to monitor selected biological variables over time that indirectly reveal the effects of doping rather than attempting to detect the doping substance or method itself.”

Penne was banned for 18 months following the discovery of a prohibited substance when her sample was passed through additional screening. During the layoff, Penne said she “kept my mouth shut and served my sentence” despite insisting she “did not knowingly break the rules.”

While sidelined, Penne revealed she took to driving for Lyft and teaching private training sessions to make ends meet before finally being scheduled to return for a bout with Jodie Esquibel at UFC on ESPN 1 in February 2019 in Arizona. In a bizarre incident, Penne injured her ankle in a morning workout on the day of the fight and was forced to reschedule the contest to April 2019 at UFC on ESPN+ 8 in Florida.

[jwplayer 9SIly1ZF-RbnemIYZ]

Penne withdrew from the contest a little more than a week ahead of the rescheduled affair, though no reason was cited at the time.

“The reason I was pulled was because of an extremely low level of stanozolol was found was found in my system (picogram levels),” Penne wrote on her post. “My heart sank… after everything I had gone through by complying and staying quite (sic) just to get my shot back, this happened.”

Penne said she went on to spend thousands of dollars “testing medications and supplements (most of which were 3rd part certified that the UFC PI gave me),” and that the lab that handled the screens did identify banned substances in the products. While Penne assumed “my name would be cleared and I could return to fighting,” she says USADA officials informed her that independent testing they conducted found different results, and that they planned on handing her a second violation, which means a mandatory four-year suspension from competition.

A retroactive order would leave Penne ineligible to compete until 2023, at which point she would be 40.

USADA officials have yet to issue a statement on the matter, though MMA Junkie has requested comment now that Penne has made the case public.

UFC officials did not immediately reply for comment.

In the meantime, Penne said she is “lost and defeated” and has “lost all hope and respect for the USADA program.” The former Invicta FC atomweight champion said she has been presented with a sanction from USADA but refuses to sign the agreement.

She said her representation at SuckerPunch Entertainment is suggesting the possibility of a GoFundMe account to raise money for a legal battle against USADA they anticipate could cost as much as $40,000.

“All I can say is that everybody outside of the one person in charge of the case at USADA believes Jessica is innocent, and that includes Jeff Novitzky and Donna Marcolini at the UFC,” SuckerPunch Entertainment CEO Brian Butler-Au stated. “We are all for a clean sport, but when common sense can’t step in and everything becomes simply black and white, it opens doors for this type of thing to happen. Jessica’s career has been systematically ruined due to reading everything as either black or white, and there is simply more to it than that, and everyone involved knows it.”

If that’s unsuccessful, it appears Penne’s fighting days may have come to an end.

“I with all my heart that you all believe in me and know I would never cheat,” Penne wrote. “I loved this sport and gave my life to it.”

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