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DOJ investigating Chinese swimmers
Swimmers at the 2021 Tokyo Olympics Rob Schumacher-USA TODAY Sports

What to know about the DOJ investigation into Chinese swimmers

By Austen Bundy  |  Last updated 7/5/24

The U.S. Department of Justice is opening a criminal probe into World Aquatics over its handling of 23 Chinese swimmers who failed doping tests ahead of the 2021 Tokyo Olympics. The story was first reported Thursday by the New York Times.

11 of the Chinese swimmers from 2021 are expected to compete at the Paris Olympics (July 26-Aug. 11), so expect news coverage of this issue to intensify.

Why does this matter and what happens next? 

Why are World Aquatics and China under criminal investigation?

At the urging of a congressional committee, the DOJ alleges China and World Aquatics — the international governing body of competitive swimming — may have engaged in a cover-up to clear nearly two dozen Chinese swimmers who tested positive for banned substances ahead of the Tokyo Games.

The World Antidoping Agency (which typically investigates these cases) and World Aquatics accepted the explanation of Chinese officials at the time that the swimmers were accidentally contaminated through food. World Aquatics did not send its own independent investigators, citing then-current COVID-19 restrictions.

The Chinese swimmers were allowed to compete in Tokyo, where some won medals in their events, including three golds.

In June, multi-time Olympic medalists Michael Phelps and Allison Schmitt of the United States testified to the same congressional committee about what they felt was a lack of accountability on the part of WADA and World Aquatics on enforcement of doping policies.

How can the U.S. legally investigate foreign sporting entities?

The DOJ's investigatory power in this matter stems from a controversial law passed in 2019 that allows the DOJ and FBI to use "its exterritorial jurisdiction to investigate individuals involved in doping schemes at international sports competitions that involve U.S. athletes."

WADA released a statement Thursday saying it was "disappointed" in the DOJ's investigation and that it is based on "incomplete and misleading media reports."

So what happens now?

The investigation is in its early stages and it's unclear if WADA will cooperate with U.S. authorities, which they say have not yet made "any contact or request" of them.

The Associated Press reported Thursday that World Aquatics confirmed its executive director, Brett Nowicki, had been asked to testify in the probe.

U.S. authorities cannot suspend or prevent foreign athletes from competing at the Olympics — only the International Olympic Committee can make that decision. So far, the IOC has not acknowledged Congress' letter asking for such intervention, meaning that the Chinese swimmers are still free to compete in Paris.

With only three weeks until the opening ceremonies, suspicions of competitive impropriety and discourse over jurisdictional overreach will likely overshadow what's anticipated to be a fierce aquatic competition.

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