Monday, September 13, 2010

Mike Saltzstein: Anonymously accused of being a paid consultant for the law firm that is suing 'USA Swimming' - Saltzstein vigorously denies it!

Former USA Swimming Vice President, Mike Saltzstein, gave an interview to a reporter of a multinational newspaper based in here in the US. The newspaper is a "household name" and after interviewing him, the reporter came back for a follow up interview stating that they had in their possession a letter being circulated within the USA Swimming ranks stating that Mike Saltzstein was being paid as a consultant by the law firm Corsiglia McMahon & Allard, L.L.P., the law firm who is representing, Jane Doe, a minor and a child abuse victim in the San Jose Aquatics/USA Swimming lawsuit.

Said letter may contain the name of a USA Swimming executive who obviously is either completely misinformed or has timed such an allegation just before the USA Swimming convention in Dallas, Texas, where Mike Saltzstein may run for a USA Swimming office. If I get the letter and can confirm it's authenticity, I will publish it.

Statement from Mike Saltzstein:

I have volunteered more than 30 years within this sport, and always want it to improve. Many people have come forward to provide information on the abuse issue and done "what is right". Sport teaches us to learn from our mistakes, and grow from them.

As I have done for those 30 years, when asked a question, I respond - a standard of which I made Swimming aware, in writing, immediately after the 20/20 initial story. Mr Allard's team had no contact with me until after the "White Paper" was written, same with my original OpEd.

When an athlete asks, I listen and do my level best to help them to succeed.

When Swimming took actions against me that violated federal law and acted arbitrary and capriciously, the Arbitration Case against Swimming was filed with the USOC. Attorney's did represent me. You will recall I won the case before the AAA, and the arbitrator found against Swimming and in my favor. Ed Williams, counsel in New York, and a member of Mr Allard's team was lead counsel. I am personally paying those bills from personal funds.

I fully expect to be called as a fact witness for both the plaintiff and defense cases. And if Swimming asked, I would certainly take their calls, and answer what I can - still absent any financial compensation.

Mike Saltzstein has been slandered before. Only recently has he fought back; even ESPN even covered the event:

BlockquoteFrom ESPN:

A former USA Swimming vice president who complained about the organization's handling of sexual abuse cases is back on the list of potential judges at major international events after winning his arbitration case.


Here is the Arbitrator's decision in the case noting the capricious nature of Mike Saltstein arbitrarily being removed from the deck of an international event after a baseless acusation.


1. The Parties submitted post-hearing closing briefs on July 17 and post-hearing reply briefs on July 20, 2010.

2. The Arbitrator closed the hearing on July 21, 2010.

3. The Parties agreed that the Arbitrator could announce his decision by July 22, 2010, and thereafter issue a reasoned award.

4. On July 21, 2010, the Arbitrator announced his decision that:

a. The Arbitrator has concluded that the Respondent’s decision—to nominate Mr.Broyles as a FINA Referee rather than re-nominate the Claimant—was arbitrary, capricious, and in violation of the Claimant’s legally protected opportunity to participate as an international referee under the Sports Act, which affords him due process rights in being fairly considered as a nominee for FINA List 16.

b. The Arbitrator therefore orders the Respondent to immediately replace Mr. Broyles with the Claimant as a Referee nominee for FINA List 16 and so inform FINA immediately.

July 21, 2010


James R. Holbrook

Critics of USA Swimming should stop being punished for constructive criticisms. They should not be slandered nor lied about. Perhaps it is time for more arbitration hearings and that such unjust vilification and/or slander be heard in court?

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