Flashcards in Bribery and Match-fixing Deck (26)
Mention an example of bribery
A former FIFA vice-president from Qatar had paid 3 million punds to football officials all over the world to make sure Qatar won the vote.
How is bribery regulated?
In the bribery act - UK's anti-bribery legislation.
What four types of bribery exist?
Failure to prevent bribery
Bribery of a foreign public official
What is Active bribery
Giving, promising or offering a bribe with intent to induce improper conduct by the recipient of the bribe.
What is Passive bribery
Requesting, accepting or agreeing to receive a payment or other advantage in return for the improper performance.
What is Failure to prevent bribery
When a company fails to prevent an associated person from paying a bribe for its benefit, the offence is committed.
What is Bribery of a foreign public official
Active bribery of an FPO - any legislative, judicial or administrative person, anyone who performs a public function and any official of a public international organisation.
What is a facilitation payment?
Small payments made to officials to secure that they perform or expedite the routine duties.
What are the consequences of bribery?
Criminal investigations, fines, prison, loss of reputation,
Why is the threat of match-fixing even greater than doping?
Because doping affects the one individual. Match-fixing affects the whole competition and the impact is much bigger.
What is grand corruption?
Grand corruption consists of acts committed at a high level of government that distort policies or the central functioning of the state, enabling leaders to benefit at the expense of the public good.
What is petty corruption?
Petty corruption refers to everyday abuse of entrusted power by low- and mid-level public officials in their interactions with ordinary citizens, who often are trying to access basic goods or services in places like hospitals, schools, police departments and other agencies.
What is corruption?
The abuse of entrusted power for private gain
Explain the FIFA Corruption case
› Kicked-off in 2015, police raided a Hotel in Zürich just before 65th FIFA congress arresting 7 officials based on a comprehensive FBI investigation.
› Among 14 wanted by US prosecutors for over $150 million bribery allegations, wire fraud, racketeering, and money laundering, including claims of buying and selling votes for South Africa to get the 2010 World Cup.
• Extraterritorial jurisdiction (wire through the US / planning of corruption in the US)
› Use of bribery, fraud and money laundering to corrupt the issuing of media and marketing rights for FIFA games in the Americas
• Torneos & Traffic (T&T) subsidiary of Fox International Channels since 2005 corrupt practices in the acquisition of rights to major South American soccer tournaments from CONMEBOL.
› Bribes paid for votes for South Africa 2010 WC
› Bribes paid for votes for Qatar 2022 WC
› A total of 18 individuals and two corporations have been indicted, including nine FIFA officials and five businessmen.
› Majority have pleaded guilty, wheres the rest is currently subject to trial in NY District Court.
What does section 122 in the Danish Criminal Code state?
Any person who unduly gives, promises or offers to someone performing a public function or office with a Danish, foreign or international public organisation a gift or another benefit to make the relevant person perform or fail to perform such function or office is sentenced to a fine or imprisonment for a term not exceeding six years.”
What is match-fixing?
“The manipulation of sports results covers the arrangement on an irregular alteration of the course or the result of a sporting competition or any of its particular events (e.g. matches, races...) in order to obtain financial advantage, for oneself or for other, and remove all or part of the uncertainty normally associated with the results of a competition”
Mention 3 types of match-fixing
- Individual match-fixing (snooker)
- Organised match-fixing (teams)
- Criminal groups outside of sport
When is match-fixing proven?
Applicable standards of proof:
› Beyond reasonable doubt (99 %)
› Comfortable satisfaction (75 %)
› Balance of probability/prepondance of evidence (+ 50 %)
Main rule: CAS applies the rules of the sports organisation in question
• E.g. UEFA and ICC: Comfortable satisfaction
Explain the Oriekhov case
› OO had officiated FC Basel vs. CSKA Sofia in the Europa League.
› It appeared that OO had been in contact with a criminal group in betting fraud and that he was offered an amount to manipulate the match.
› Following a UEFA internal investigation of the matter, UEFA Appeals Body found that OO had failed to disclose the illicit approaches on match-fixing and awarded him a life time ban.
› Confirmed the UEFA decision by concluding that: “[...] it has been proven not only to its comfortable satisfaction but indeed beyond reasonable
doubt that there were repeated contacts between the Appellant and members of a criminal group involved in match fixing and betting fraud.”
Explain the Pobeda case
FK Pobeda et al v/ UEFA (CAS 2009/A/1920)
› Pobeda v FC Pyunik (Armenia) in the UEFA ChL 04/05; Pobeda lost 1-3 at home, and drew 1-1 away.
› UEFA investigation showed that extraordinary bets had been made in the first leg leaving no doubt that the match had been fixed.
› UEFA’s Disciplinary Committee handed a lifetime ban from football to club CEO, Zabrcanec, and team captain, Zdraveski, for violation of Art. 5 of UEFA disciplinary rules.
› Zabrcanec and Zdraveski both rejected match-fixing accusations.
› This decision was confirmed by UEFA Appeal’s Board.
› Noted that “[Match-fixing] touches at the very essence of the principle of loyality, integrity and sportsmanship.”
› “The Panel is convinced that the games between Pobeda and Pyunik which took place in June 2004 had been manipulated.
What does CAS stand for?
Court of Arbitration for Sport
Why do people involved in sports agreed to match-fix?
Money is the main motivation
Individuals are easier to manipulate than teams.
A result of duress is often also a reason to match-fixing - the John Higgins case.
What are the ramifications of match-fixing?
Penalties from governing bodies
What should Member states do to avoid match-fixing?
Ensure that their legal system are provided with appropriate and efficient legal means for combating manipulation of sports.
How can match-fixing be prevented?
- Clear guidelines (what is allowed and what is not)
- Compliance and surveillance