Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

12
Match-Fixing—The Biggest Threat to Sport in the 21st Century? Kevin Carpenter Executive Contributor, LawinSport.com Cheating at gambling; Sportspersons The issue at the heart of this article makes me sit up and take notice as a lawyer, a qualified football referee and a passionate follower of sport across the board. It has been described by many, including high profile sporting figures, sport administrators and governing bodies, as a greater threat to the integrity of sport than doping. This threat is match-fixing. One of the most powerful guardians of sport, Jacques Rogge, the president of the International Olympic Committee (IOC), explains why, “Doping affects one individual athlete, but the impact of match-fixing affects the whole competition. It is much bigger.” Illegal gambling is the principal driver of what Rogge has also called a “cancer”. Mr Oleg Oriekhov v/ UEFA (CAS 2010/A/2172) This case involved Ukrainian football referee Oleg Oriekhov who had a life ban from UEFA (the governing body of football in Europe) upheld by an arbitral panel (the Panel) of the Court of Arbitration for Sport (CAS). At the beginning of its judgment the Panel stressed the importance of what was being brought before them: “It is the first case of its kind in European football involving a match official as distinct from a player or coach. It therefore has an importance beyond that to the disputant parties.” The allegations against Mr Oriekhov came to light as part of widespread criminal investigations into possible fraud related to match-fixing and illegal gambling in Germany started in 2005 by the Public Prosecutor of Bochum. The major outcome of these investigations rocked the German second division and national cup competition to its foundations with, amongst other matters, the imprisonment and banning of referee Robert Hoyzer who admitted to fixing and betting on games in which he had officiated. Mr Oriekhov had taken charge of the UEFA Europa League group match between FC Basel and CSKA Sofia on November 5, 2009, which ended 3–1. Following the aforementioned investigations it appeared that Mr Oriekhov was in contact with a criminal group involved in betting fraud and that he was offered approximately €50,000 to manipulate the match. At the end of an internal procedure at UEFA, its Appeals Body considered that Mr Oriekhov had violated the principles of conduct and his duty to disclose illicit approaches, set out in the UEFA Disciplinary Regulations, in failing to report immediately to UEFA that he had received offers from certain individuals to take an active part in their match-fixing scheme. Given the seriousness of the findings, a life ban on exercising any football-related activity was considered the appropriate sanction. Upon appeal to CAS the Panel confirmed the UEFA decision, concluding that it had been proved beyond reasonable doubt that there were repeated contacts between Mr Oriekhov and the members of a criminal group involved in match-fixing and betting fraud. The Panel went on to say that in their opinion Mr Oriekhov had deliberately violated the principles of conduct provided in the Disciplinary Regulations, as he did not inform UEFA immediately of the existence of such contacts. The Panel rejected the dubious defences of Mr Oriekhov that he had an inadequate command of English and that he was unaware who to make such a report to. His evidence at the hearing was described as “utterly lacking in credibility”. Finally, they considered that given the circumstances the severe punishment was proportionate, this being despite the fact that it was not established that Mr Oriekhov had actually influenced the result of the game as a result of the contact. This case is a stark warning to anybody in sport who becomes a target, and particularly to other match officials such as me. Just how widespread is match-fixing? Football is far from alone in being a target for match-fixers. Some of the most recent incidences of suspected or actual match-fixing around the world are well known through the media, with others being less so and yet more surprising. Basketball April 2011—Ten people, including two former players and a former assistant coach at the University of San Diego, were indicted in connection with a scheme to fix college basketball games since 2008. The defendants were charged in the federal grand jury indictment with scheming to fix University of San Diego Toreros games by bribing players and then betting on the games in Las Vegas, 1 one of the very few places in the United States where gambling on sport is legal. Cricket August 2010—Pakistan international cricketers Salman Butt, Mohammed Asif and Mohammed Amir, and agent Mazhar Majeed, were accused of offences in relation to spot fixing (a specific sub-set of match-fixing) during the international test match between England and Pakistan 1 “Ex-US college basketball players charged in game-fixing”, Marty Graham, Reuters, April 12, 2011. Match-Fixing—The Biggest Threat to Sport in the 21st Century? 13 [2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Transcript of Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

Page 1: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

Match-Fixing—TheBiggest Threat toSport in the 21stCentury?Kevin CarpenterExecutive Contributor, LawinSport.com

Cheating at gambling; Sportspersons

The issue at the heart of this article makes me sit up andtake notice as a lawyer, a qualified football referee and apassionate follower of sport across the board. It has beendescribed by many, including high profile sportingfigures, sport administrators and governing bodies, as agreater threat to the integrity of sport than doping. Thisthreat is match-fixing. One of themost powerful guardiansof sport, Jacques Rogge, the president of the InternationalOlympic Committee (IOC), explainswhy, “Doping affectsone individual athlete, but the impact of match-fixingaffects the whole competition. It is much bigger.” Illegalgambling is the principal driver of what Rogge has alsocalled a “cancer”.

Mr Oleg Oriekhov v/ UEFA (CAS2010/A/2172)This case involved Ukrainian football referee OlegOriekhov who had a life ban from UEFA (the governingbody of football in Europe) upheld by an arbitral panel(the Panel) of the Court of Arbitration for Sport (CAS).At the beginning of its judgment the Panel stressed theimportance of what was being brought before them: “Itis the first case of its kind in European football involvinga match official as distinct from a player or coach. Ittherefore has an importance beyond that to the disputantparties.” The allegations against Mr Oriekhov came tolight as part of widespread criminal investigations intopossible fraud related tomatch-fixing and illegal gamblingin Germany started in 2005 by the Public Prosecutor ofBochum. The major outcome of these investigationsrocked the German second division and national cupcompetition to its foundations with, amongst othermatters, the imprisonment and banning of referee RobertHoyzer who admitted to fixing and betting on games inwhich he had officiated.Mr Oriekhov had taken charge of the UEFA Europa

League group match between FC Basel and CSKA Sofiaon November 5, 2009, which ended 3–1. Following theaforementioned investigations it appeared that MrOriekhov was in contact with a criminal group involvedin betting fraud and that he was offered approximately

€50,000 to manipulate the match. At the end of an internalprocedure at UEFA, its Appeals Body considered thatMr Oriekhov had violated the principles of conduct andhis duty to disclose illicit approaches, set out in the UEFADisciplinary Regulations, in failing to report immediatelyto UEFA that he had received offers from certainindividuals to take an active part in their match-fixingscheme. Given the seriousness of the findings, a life banon exercising any football-related activity was consideredthe appropriate sanction.Upon appeal to CAS the Panel confirmed the UEFA

decision, concluding that it had been proved beyondreasonable doubt that there were repeated contactsbetween Mr Oriekhov and the members of a criminalgroup involved in match-fixing and betting fraud. ThePanel went on to say that in their opinion Mr Oriekhovhad deliberately violated the principles of conductprovided in the Disciplinary Regulations, as he did notinform UEFA immediately of the existence of suchcontacts. The Panel rejected the dubious defences of MrOriekhov that he had an inadequate command of Englishand that he was unaware who to make such a report to.His evidence at the hearing was described as “utterlylacking in credibility”. Finally, they considered that giventhe circumstances the severe punishment wasproportionate, this being despite the fact that it was notestablished that Mr Oriekhov had actually influenced theresult of the game as a result of the contact. This case isa stark warning to anybody in sport who becomes a target,and particularly to other match officials such as me.

Just how widespread is match-fixing?Football is far from alone in being a target formatch-fixers. Some of the most recent incidences ofsuspected or actual match-fixing around the world arewell known through the media, with others being less soand yet more surprising.

BasketballApril 2011—Ten people, including two former playersand a former assistant coach at the University of SanDiego, were indicted in connection with a scheme to fixcollege basketball games since 2008. The defendants werecharged in the federal grand jury indictment withscheming to fix University of San Diego Toreros gamesby bribing players and then betting on the games in LasVegas,1 one of the very few places in the United Stateswhere gambling on sport is legal.

CricketAugust 2010—Pakistan international cricketers SalmanButt, Mohammed Asif and Mohammed Amir, and agentMazhar Majeed, were accused of offences in relation tospot fixing (a specific sub-set of match-fixing) during theinternational test match between England and Pakistan

1 “Ex-US college basketball players charged in game-fixing”, Marty Graham, Reuters, April 12, 2011.

Match-Fixing—The Biggest Threat to Sport in the 21st Century? 13

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 2: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

at Lord’s when no balls were bowled at specific pointsduring England’s innings. The evidence that suchactivities were taking place was brought to light throughan undercover sting by a reporter from the now defunctNews of the World, who offered Mr Majeed a large cashpayment for information on when the no balls were to bebowled. Mr Majeed then arranged with the otherdefendants for the no balls to be bowled in exchange forcash payments. The information on when the no ballswere to be bowled was then further exploited by bettingon specialist markets offered by some bookmakers,particularly in the subcontinent where gambling on cricketis largely illegal.Criminal charges for conspiracy were brought against

the four defendants under the Prevention of CorruptionAct 1906, Criminal Law Act 1977 and Gambling Act2005. Contravention of the first two Acts carried amaximum penalty of seven years’ imprisonment andcontravention of the Gambling Act carried a maximumsentence of two years’ imprisonment. Evidence producedat the trial in the form of information from secretrecordings and text messages from the undercover sting,along with cross-examination of the defendants, gave thejury an insight into the tricks and subterfuge thatconnected betting syndicates with the sport, andconvinced the jury to find the defendants guiltyunanimously. In sentencing the defendants Mr JusticeCooke did not hold back with his criticism and contemptfor what they had conspired to do and its consequences:

“It is the insidious effect of your actions onprofessional cricket and the followers of it whichmake the offences so serious. The image andintegrity of what was once a game, but is now abusiness is damaged in the eyes of all, including themany youngsters who regarded three of you asheroes and would have given their eye teeth to playat the levels and with the skill that you had. Youprocured the bowling of three no balls for money,to the detriment of your national cricket team, withthe object of enabling others to cheat at gambling.”

Unsurprisingly the judge was of the opinion that theoffences were of such a serious nature that only sentencesof imprisonment ranging from six months to two yearsand eight months would suffice. These were reducedsentences given various pleas that were put forward byeach of defendants and the playing bans imposedpreviously by the International Cricket Council (ICC) atan arbitration hearing at their Doha headquarters.2 Onemight question whether the latter mitigating factor shouldbe considered at all in a criminal trial. Butt and Amirsubsequently appealed against their sentences but bothwere dismissed.

FootballMay 2011—The start of the Finnish football season wasdelayed by a week due to an off-season dominated by theimpact of suspectedmatch-fixing in the top division. Thesport in Finland was reeling since the arrest of WilsonRaj Perumal, a convicted match-fixer who is at the heartof a global investigation into corruption in club andinternational football, who was subsequently jailed fortwo years. One club have been thrown out of the leaguefor their contact with Perumal, two more were devastatedby the arrest of 11 senior players, and the integrity of theentire Finnish game has been called into question.Confirmation of the shadow cast over the sport camehours before kick-off as a Helsinki court handed downseven-month suspended sentences to brothers Dominicand Donewell Yobe of FC Oulu. They had pleaded guiltyto charges of bribery and admitted accepting €50,000(£44,000) to fix a game last season. The chain of eventsbegan in February when police in the Lapland town ofRovaniemi received a tip-off that Perumal was travellingin the country illegally on a false passport.3 FinnishFootball Association managing director Kimmo J.Lipponen believes that the tentacles of the betting scandalthat have shaken the foundations of Finnish football reachfar beyond the country’s borders. “The teams have notmade any agreements between themselves. Instead, thereare large-scale global criminal operators lurking in thewings.We are talking about a very big and serious matterhere.”4

July 2011—Perhaps the most high profile match-fixingscandal this past year due to its sheer scale has been inTurkey, where 93 officials and players have been indictedon charges ranging from match-fixing to the payment ofbribes in relation to 19 matches.5 The scandal emergedin July when the first batch of 31 officials and players,including important figures such as the chairman of recentleague champions and most decorated club in Turkishfootball history, Fenerbache (who were subsequentlybanned by the Turkish Football Federation (TFF) fromrepresenting the country in the lucrative ChampionsLeague competition this season), were jailed pending thetrial which began on February 14, 2012 to a chorus ofover 1,000 Fenerbache fans chanting slogans in supportof the suspects.6 Other clubs to be implicated includeleague runners-up Trabzonspor and cupwinners Besiktas,with officials including the Peker family (who have linksto the mafia7) and the deputy chairman of the TFF. Thereare also interesting political movements which coincidewith the scandal. A match-fixing law, driven by the clubsthemselves, came into effect in April 2011 and set jailsentences for individuals found guilty of match-fixing at12 years. However, since the scandal, allegedly due to

2 “The cricket spot fixing trial—a stark reminder of the continuing enforcement of subsisting bribery and corruption legislation”, Business Litigation Alert, SJ Berwin LLP,November 21, 2011.3 “Match-Fixing: Finland kicks off as players are sentenced”, Paul Kelso, The Telegraph online, May 7, 2011.4 “Football betting scandal may escalate”, Helsingin Sanomat.5 “Turkish Court accepts match-fixing indictment”, Daren Butler, Reuters, December 9, 2011.6 “Match-Fixing Trial Splits Turkey”, Joe Parkinson, The Wall Street Journal online, February 16, 2012.7 “Turkish Football Federation scared of Aziz Yildirim”, Ecevit Kilic, Todays Zaman online, August 21, 2011.

14 Sweet & Maxwell’s International Sports Law Review

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 3: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

the powerful nature of some of those implicated, theTurkish Parliament has voted through amendments whichreduce the maximum sentence to only three years. Thiswas against the wishes of President Abdullah Gul whosaid reduced penalties would not constitute a sufficientenough deterrent and would not give the publicconfidence that the matter was being dealt with asseriously as is warranted. Due to the political interference,softening attitudes to the issue, and failure to brokeradditional disciplinary measures and sanctions the TFFchairman felt it necessary to resign on January 31.8

2011/12—A number of match-fixing scandals acrossAfrica and Asia (dubbed ‘Asiagate’) have surfaced overthe past 12 months, many of them linked with theaforementionedMr Perumal and the global operation runthrough his shady Football4U company.9 The strikingnature of these investigations, especially for theFédération Internationale de Football Association (FIFA),is that they involve the alleged fixing of seniorinternational matches. Concerns first came to light inZimbabwewhen the football association (ZIFA) revealedin February 2011 that there was an investigation takingplace into tours in which the national team had taken partin between 2007 and 2009. Players involved in those tourssubsequently admitted to throwing matches for money.10

The probe revealed that not only had Asian gamingsyndicates paid each player in the Zimbabwe squad€2,500–€3,500 in cash for each match lost, but also thatlast July, Monomotapa Football Club had twiceimpersonated the country’s national team and playedMalaysia in international friendlies. As planned, they lost4-0 and were handsomely rewarded. It has since beenannounced that 80 Zimbabwean footballers have beensuspended by ZIFA pending the outcome of hearings infront of an independent ethics committee, which has beenestablished as a direct consequence of the revelations.The international friendlies are thought to have beenarranged specifically for the purposes of betting.11Again,politics is linked to what has happened, with the corruptregime of government being said to mirror the attitude tofootball, which is “riddled with corruption” according toZimbabwe’s sports minister. FIFA are so concerned thatboth its President Sepp Blatter and its current Head ofSecurity Chris Eaton have visited recently to oversee howthe allegations are being handled. FIFA has praised ZIFAsmeasures so far but has ‘serious reservations’ about thepotentially selective application of justice in this sensitivecase.12

A further potential ‘Asiagate’ scandal involves theSouth Africa national team and matches played in thecountry prior to their hosting of the 2010 World Cup.They played five matches, four of which used African

referees from Football4U’s so-called ‘referees exchangeprogramme’, with the referee provided for the final gamebeing changed by the South African football associationat the last minute due to suspicions.13 One of the refereesin those four games was also involved in similarallegations investigated in relation to the ‘fake’ friendlybetween Togo and Bahrain in September 2010 and theallegedly fixed friendly between Nigeria and Argentinain June 2011.

Horse racingMay 2011—Following a major investigation as a resultof suspicious betting activity on more than one bettingexchange and with traditional bookmakers, the BritishHorseracing Authority (BHA) charged 13 individuals,including five jockeys and two owners, with “seriousbreaches” of the rules of racing in relation to 10 racesbetween January and August 2009, the principal of whichis of “deliberately not riding a horse to obtain the bestpossible placing for personal reward or knowing it hasbeen laid to lose”. It had been mooted that the chargesare as part of a multi-million pound betting scandal whichsaw each of the jockeys pocket £5,000 for each race fromcriminal gangs who bet on them not to win.14 After an11-day hearing, on December 14 the BHA announcedthat it had found 11 of the 13 guilty of a range of offencesand banned them for periods ranging between six months,12 years (in effect being the end of the jockey’s career),and 14 years for the owners implicated (who were saidto be the instigators). The scale and complexity of thecase was said to be unprecedented in the history of theBHA.15 Indeed, it may well be the biggest sportscorruption case to come before a national governing bodyin the United Kingdom. One former member of the BHAsaid, “It surely must remain a source of greatdisappointment for racing’s rulers, as it is for any fan ofthe sport, that jockeys from both ends of the [financial]spectrum are susceptible to corruption for little more thanpocket money.”16

SnookerApril 2010—World number one and three time worldchampion (at the time) John Higgins MBE and hismanager Pat Mooney (a board member of the worldgoverning body of the sport, the World Professional andBilliards and Snooker Association (WPBSA)) wereaccused of taking bribes to throw snooker frames. Theallegations came to light after a controversial newspapersting operation by a News of the World team posing aspromoters, who met with Higgins and his manager in a

8 “Turkish Federation chairman steps down over match-fixing embarrassment”, David Gold, Insideworldfootball.biz, January 31, 2012.9 “Zimbabwe: Fifa Praise Asiagate Measures”, Hope Chizuzu, The Herald, February 14, 2012.10 “Corrupt players will be punished—Zifa chief”, Farayi Mungazi, BBC Sport, February 25, 2011.11 “Zimbabwe suspends 80 footballers as part of ‘Asiagate’ match-fixing probe”, David Smith, Guardian online, February 1, 2012.12 “Zimbabwe: Fifa Praise Asiagate Measures”, Hope Chizuzu, The Herald, February 14, 2012.13 “Match-fixing syndicates targeted Bafana games”, Mazola Malefe, Timesalive.co.za, February 5, 2012.14 “Five jockeys and two owners face serious BHA charges”, BBC Sport, May 20, 2011.15 “Four jockeys banned for corruption by BHA”, Joe Wilson, BBC Sport, December 14, 2011.16 “Corruption in Horse Racing—Nay not again!”, Oliver Codrington, LawinSport.com, February 1, 2012.

Match-Fixing—The Biggest Threat to Sport in the 21st Century? 15

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 4: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

hotel room in Kiev, Ukraine, under the pretence oforganising a series of events linked to the World Seriesof Snooker. The newspaper alleged that Higgins andMooney had agreed to lose four frames in four separatetournaments in exchange for a €300,000 total payment,and further discussed themechanics of how to fix a frame,which tournaments and opponents to choose, and how totransfer the money to Higgins. Higgins was immediatelysuspended from the game andMooney resigned from hisposition on theWPBSA board. Higgins issued a statementon the same day as the allegations were published denyinghe had ever been involved in match-fixing, and explainedthat he decided to “play along” out of fear for his safety,suspecting the involvement of the Russian mafia. Theindependent tribunal that followed concluded that Higginshad truthfully accounted for his words and actions andwithdrew the more serious charges of match-fixing, butfound him guilty of “giving the impression” he wouldbreach betting rules, and of failing to report theapproach.17 Higgins received a six-month ban and wasfined £75,000.18

Sumo wrestlingFebruary 2011—The Japan Sumo Association cancelledthe grand tournament over allegations of match-fixingwhich implicated 13 senior wrestlers. This came to lightwhen text messages were found on mobile phones thathad been confiscated the previous year by the policeduring an investigation into illegal gambling on baseballgames by wrestlers using gangster middlemen. The sporthas its origins in religious rites, and as a result there is astrict code of conduct for the wrestlers to observe, leadingthe Japanese PrimeMinister to call the scandal a “betrayalof the people”.19

TennisAugust 2007—Themost high profile case of match-fixingin tennis occurred when Nikolay Davydenko, rankednumber four in the world at the time, was involved in amatch which betting exchange Betfair said bore all thehallmarks of having been fixed, with £7 million havingbeen placed on the game, most of which was placed onhis lower ranked opponent. Despite being cleared of allthe charges, and therefore innocent in the eyes of the law,Mr Davydenko has been associated with AlimzharTokhtakhounov, who in 2002 was accused by the FBI offixing figure skating events at that year’s WinterOlympics in Salt Lake City.20

May 2011—The organiser of the worldwide tennis tourfor men (the Association of Tennis (ATP)) handed downa life ban and $100,000 fine to Austrian Daniel Koellerer,who had been as high as number 55 in the world. He wasfound guilty of three offences in relation to match-fixing,both of his ownmatches and trying to coerce other playersto participate in match-fixing between October 2009 andJuly 2010.21 Koellerer appealed to CAS and following atwo-day hearing at the end of November and a verdict isdue soon.From that list it is evident that match-fixing is a

worldwide, large-scale, multi-discipline problem whichcreates significant difficulties in terms of detection andprevention. Moreover, the above is just a small flavourof the breadth and depth of match-fixing. Indeed, it issurprising that up until recently more is not made of theproblem and its threats to the integrity of sport in themedia. Chris Eaton, FIFA’s outgoing security chief andfor a decade head of operations at Interpol (the largestworldwide international police organisation with 188member countries whose mission is to prevent or combatinternational crime), believes that match-fixing in footballalone yields over £55 billion annually, which is theequivalent to the money made through legal bettingchannels.22

Why do people involved in sport agreeto match-fix?Money is the main motivation, but there have to bereasonswhy some people and sports are more susceptiblethan others,23 particularly given the professional and legalramifications of getting caught. It is rarely money alonethat is the sole reason for agreeing to participate inmatch-fixing.A first possible explanation is that individuals involved

in sport are easier to manipulate than those involved in ateam environment, where the risk is much higher due tocomplex interactive outcomes. This is often a reason putforward in tennis and snooker, for instance. Furthermore,this explains why referees are a prime target, particularlyin football as evidenced in the Oriekhov case and therecent conviction of Chinese international referee HuangJunjie,24 as they have a high degree of influence over theoutcome of a contest. Interestingly, however, statisticsfrom Declan Hill (a leading academic in the area) showthat referees are often, unwittingly, unable to deliver asuccessful fix, and in reality corrupting club officialsdelivers the highest success rate as they can influence theclub and its entire culture.25

17 “Corruption: Agreeing to match-fixing under duress: analysis”, Kelly Hudson and Rod Findley, World Sports Law Report, Volume 8(6), June 2010.18 “World Snooker launches anti-corruption unit”, BBC Sport, September 20, 2010.19 “Sumo tournament cancelled amid match-fixing scandal”, BBC News Asia-Pacific, February 6, 2011.20 “Match-fixing in Tennis”, David White, Tennisbet.com, June 26, 2009.21 “Former world No 55 Koellerer banned for life as tennis tackles match-fixing”, Mike Dickson, Daily Mail online, May 31, 2011.22 “FIFA: Match-fixing now worth £55bn”, Reuters, May 18, 2011.23 “Examination of Threats to Integrity of Sports”, Section 4.4, Oxford Research A/S, April 2010.24 “Chinese referee Huang Junjie admits fixing matches including Sydney FC game”, The Australian, December 20, 2011.25 “To Fix or not to fix? How corruptors decide to fix football matches”, Declan Hill, Global Crime, Volume 10(3) 157–177, August 2009.

16 Sweet & Maxwell’s International Sports Law Review

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 5: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

Any sport, or level within a sport, which is scrutinisedless rigorously will be more susceptible to match-fixing.This is often the case with lower league football, whichis less strictly scrutinised due to its importance in theoverall football pyramid in a particular country, forinstance in Italy, or can arise due to insufficient attentionon the part of the governing body in giving the seriousnessof the threat of match-fixing the true weight and resourcesit deserves. Prior to the recent Pakistan cricketers scandal,the ICCwhich, despite other numerous high profile matchand spot fixing cases (including former South Africacaptain Hansie Cronje who was found guilty in 2000),spent less than 1 per cent of its profit on itsAnti-Corruption and Security Unit,26which I would arguewas disproportionately low. This is in contrast to theInternational Tennis Federation (the world governingbody of tennis) which spends 30 per cent of its worldwidedevelopment fund on its integrity unit.27

Historically, Italian football is the prime example of athird possible reason for the likely targets for match-fixingas in end-of-season games, where neither team needs towin (in essence a ‘dead rubber’) they agree to play out adraw, so match-fixing is more prevalent where the contestdoes not affect the final outcome of a competition.In a similar vein, where match-fixing does not involve

losing but only securing that certain actions take place,more commonly known as ‘spot fixing’ (which alsoencompasses so-called ‘point shaving’), as in the case ofthe three Pakistani cricketers, then the feeling of guilt ina player/official and risk involved is far less thereforethey are more likely to be open to offers made to them.This particular threat has become even more pressing incricket since the advent of the Twenty20 format for tworeasons: the combination of the party atmosphere, theentertainment and the celebrity status of the players whichsurround the Twenty20 revolution makes them morevulnerable to approaches from unscrupulous characters;and the extremely fast-paced nature of the game makesit difficult to detect parts of the match which may havebeen spot-fixed.28 Indeed, the leading Twenty20competition in the world, the controversial Indian PremierLeague (IPL), has attracted adverse remarks in a reportsubmitted to the executive board of the ICC due to itspotential to increase the risk of match and spot fixing.29

The stand-out reason in most people’s minds is, asever, the allure of money. I have already stated somemind-boggling figures associated with the practice ofmatch-fixing and those offered to targets are no lessstartling given the context and circumstances for eachindividual. This can manifest itself in the fact that theyare paid too little in general, or that their level of

remuneration is viewed as unjust. The amount offered toJohn Higgins was £250,000 to throw just four singleframes. Pakistan international cricketers are paid 20 timesless per year than their English and Australiancounterparts, and four times less than their Indianneighbours.30 This is partially due to the fact that Pakistancannot raise revenue by playing in their home countrydue to security concerns and that the players are banned,for political reasons, from playing in the highly lucrativeIndian Premier League.31 The recent FIFPro Black BookEastern Europe study proves that there is a clear linkbetween not just low payment, but non-payment, andmatch-fixing. It cites in particular the case of MarioCizmek, a former Croatian youth international, whosemost recent club promised to pay the players but monthafter month nothing materialised. With players beingself-employed in Croatia, despite not receiving themoney“our obligations to the state were growing and growing… this desperate situation made us all very vulnerableand encouraged us to fall into the trap of match-fixing”.Having been arrested a year ago, and awaiting a criminalprocedure to start, Mr Cizmek says he has “losteverything” including his friends, his job and his careerin football.32

Finally, and perhaps of a more troubling nature, is theprospect of agreeing to match-fix as a result of duress.This was one of the defences put forward by John Higginsand a prominent worry in the recent match-fixing scandalin South Korean football where a player was found deadin a hotel room accompanied by a suicide note referringto amatch-fixing ring.33Duress can take two forms: duressby threats and duress by circumstances.34 The legal hurdleto be overcome to be successful with either variant of thisdefence is high and not often successful in a sportingcontext. However, given the increasing prevalence andacknowledgement of the involvement of criminals andgangs who orchestrate large-scale match-fixing this maybecome an increasingly frequent tale when sports peopleare caught out. If you were told that if you did not agreeto go along with the plan then your family will be indanger, what would you do? Suddenly the money seemsquite appealing after all, and upholding your ownreputation and that of the sport less so.Hopefully, it is now clear that there are a multitude of

reasons why illegal bookmakers and criminals try, andindeed succeed, in targeting certain sports, and individualswithin those sports, more than others.

26 “Integrity: Combating spot-fixing in cricket: the role of the ICC”, Amrut Joshi,World Sports Law Report, Volume 9(1), January 2011.27 “Betting and the integrity of sport (International Update)”, Huw Roberts—IAAF Legal Counsel, presentation Sport & Gambling conference, London, September 29,2011.28 “Integrity: Combating spot-fixing in cricket: the role of the ICC”, Amrut Joshi,World Sports Law Report, Volume 9(1), January 2011.29 “IPL has increased match-fixing risk, says ICC review report”, Vijay Tagore, dnaindia.com, February 3, 2012.30 “Pakistan betting scandal: Divide and fall in cricket”s great pay gap”, Dalymail.co.uk, Lawrence Booth, August 31, 2010.31 “Integrity: Combating spot-fixing in cricket: the role of the ICC”, Amrut Joshi,World Sports Law Report, Volume 9(1), January 2011.32 FIFPro Black Book Eastern Europe, Section 5.5.2, February 2012.33 “Match-fixing South Korean footballers banned for life”, BBC News Asia-Pacific, June 17, 2011.34 “Corruption: Agreeing to match-fixing under duress: analysis”, Kelly Hudson and Rod Findley, World Sports Law Report, Volume 8(6), June 2010.

Match-Fixing—The Biggest Threat to Sport in the 21st Century? 17

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 6: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

Ramifications of match-fixingThe ramifications of match-fixing seem to take threeforms: penalties from governing bodies; criminalsanctions; and reputational damage. I would argue thatthe final one of those can be equally, if not more,damaging than the first and second which would usuallystrike the most fear into the hearts of people involved insport.The ultimate responsibility to keep sport clean from

match-fixing lies with the governing bodies. In a reportundertaken for the UK Government in February 2010 bythe Sports Betting Integrity Panel (SBIP),35 with themandate to look at a wide range of issues relating to theintegrity of sports betting, the panel formulated a uniformcode of conduct on integrity which it recommendedshould be implemented across all sports. As part of itsreport the SBIP examined how 12 of the governing bodieseach currently dealt with the following threats: placing abet; soliciting a bet; offering a bribe; receiving a bribe;misuse of privileged information; failing to perform toone’s merits; and reporting obligations. Worryingly, in38 per cent of instances the governing bodies made noprovision for the threats, indeed the IAAF (athletics) andRoyal & Ancient/PGA (golf) made no provision in theirrules for any of the seven. As it stands now, the IAAFhas limited rules but no enforcement programme as yet.36

One of the panel’s conclusions was as follows:

“It is imperative that sports governing bodies haveclear rules in relation to betting and insiderinformation in their sports and for those rules to becommunicated in an effective manner which isclearly understood by participants or competitors.”

In respect of the contravention of any rules, thepunishments have to be extremely severe as a deterrentand to show all stakeholders, especially the fans, that thisthreat is being taken seriously. Earlier it was mentionedhow UEFA gave a life ban to Mr Oriekhov simply forfailing to report that he had been approached to match-fix.Similarly, Daniel Koellerer was given a life ban by theATP. As well as bans the other weapon in the armouryof sports governing bodies (SGBs) is fines, as seen in thepunishment handed down to John Higgins. Fines have tobe at least equal to the amount gained from participatingin match-fixing and in my opinion should have a penalelement to them above and beyond this to give fines theirtrue effectiveness.Criminal sanctions are, some would argue, the most

effective deterrent to match-fixing. There is nothing likebeing called a ‘criminal’ for a sportsman’s personal andprofessional integrity to be eternally damaged. Onceagain, criminal fines are an option, but more powerful inextreme cases is the possibility of a prison term, such as

the lengthy terms handed down to the Pakistan cricketers.It is a positive sign that national crime preventionorganisations are taking match-fixing seriously, both interms of the sources of the threat (below) and of thoseparticipating in it. Mr Perumal’s prison sentence in theFinnish scandal is the most high profile of recent timesbut at only two years in length is in many people’s opinionwoefully inadequate, “token at best”, in not reflecting thegravity of the damage inflicted on individuals and footballgenerally. Chris Eaton did, however, see positives fromthe sentence:

“If Wilson Perumal’s real legacy is a betterunderstanding of how criminals avoid detectionwhile operating globally and freely roaming, andthis then enables us to protect football, this is a farbetter outcome than a short prison term.”

To allow such punishments to take place, legislatorsin each country have to have well drafted, robust andoverall effective laws in place. There was some scrutinyof this in the SBIP report in relation to the definition of“cheating” under section 42 of the UK Gambling Act2005. In its recommendations to Member States, theCommittee ofMinisters of the Council of Europe had thisto say:

“Member States should ensure that their legal andadministrative systems are providedwith appropriateand effective legal means for combatingmanipulation of sports results.“37

Other jurisdictions too are beginning to realise that theirstatutory frameworks are insufficient to tackle thisgrowing problem:

• Australia

Match-fixers could be jailed for up to 10years after State and Territory ministersagreed in November 2011 to introducenationally consistent criminal offences forthose who engage in match-fixing conductor encourage others to do so.38 Minister forSport Mark Arbib had this to say,“Australia is putting in place acomprehensive strategy in order to deterand deal with match-fixing, consisting ofcodes of conduct and education for playersand officials, consistent national regulationof sports betting and now nationallyconsistent criminal sanctions.”

35Report of the Sports Betting Integrity Panel, Chapter 2b, February 2010.36 “Betting and the integrity of sport (International Update)”, Huw Roberts—IAAF Legal Counsel, presentation Sport & Gambling conference, London, September 29,2011.37 “Recommendation CM/Rec (2011) 10 of the Committee of Ministers of Member States on promotion of the integrity of sport against manipulation of results, notablymatch-fixing”, Recommendation C12, September 28, 2011.38 “Match-fixers will face jail under nationally-consistent laws”, ausport.gov.au, November 21, 2011.

18 Sweet & Maxwell’s International Sports Law Review

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 7: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

• Bulgaria

Parliament has approved legal amendmentsto make match-fixing and corruption insport a crime with up to six years’imprisonment.

• Russia

It is claimed that up to 40 per cent ofRussian Premier Leaguematches, andmorethan 50 per cent of lower league matches,are allegedly not as competitive as theyshould be due tomatch-fixing.39Amazingly,there are even websites where fans can buyinformation on exactly whichmatches havealready been fixed, to use for bettingpurposes.40 Having been awarded thefootball World Cup in 2018 SergeiStepashin, the powerful head of the nationalaudit office, said in an open letter to PrimeMinister Vladimir Putin that Russia had todraw up tough anti-match-fixing laws. Asa consequence, a new law is to be laidbefore Parliament which would for the firsttime allow criminal prosecution formatch-fixing in the country.41

All of the above action is driven by the fact that evenamere suspicion of match-fixing, not adequately providedfor or dealt with, is just as damaging as an actual scandaloccurring. SGBs, government bodies and internationalbodies were part of an IOC summit held in Februaryreflecting this view where there was a consensus thatsporting fraud should be made a criminal offence acrossthe world.42 Hein Verbruggen, Presdient of SportAccord(the umbrella organisation for 105 Olympic andnon-Olympic sports federations) says, “Integrity in sportis our most important commodity. Fans must believe whatthey see on the field of play represents a true test of thecompetitors’ skills. If they cannot, there is a real risk thatthey will ignore the sport and take sponsors andbroadcasters with them.”43 This is in my opinion the cruxof the reason to fight match-fixing and elevate it abovedoping in terms of importance.Reputational damage to any professional is a significant

intangible consequence of being accused of corruptionin any walk of life, and sports people are no exception.Simply being accused of match-fixing, even if ultimatelyfound not guilty, can see a sports person viewedsuspiciously for the rest of their career by fellowprofessionals, fans and journalists, and can ultimatelyruin a person’s career. I believe this is a consequence

which is often underestimated and overlooked. That iswhy it is of utmost importance that the law providesprotection and redress for those who are wrongly accusedof such behaviour. Defamation laws are where thisprotection is found. The challenge for legislators is tostrike the right balance between investigating people andrevealing their identity backed by sufficient evidence,andmaking unfounded and indeedmalicious allegations.This tension is currently best highlighted in privacy cases,such as that involving former head of the FIA, MaxMosley, who took his case against the News of the Worldon appeal to the Grand Chamber of the European Courtof Human Rights,44 and there are few high profileinstances in sport in recent years where this has been anissue. However, NewZealand international cricketer ChrisCairns has sued Lalit Modi, the then head of the powerfulIndian Premier League Twenty20 cricket competition,over comments he made on Twitter alleging that Cairnswas a match-fixer,45 with the trial due to start in the HighCourt in London on March 5.46

The sources and type of people engagedin arranging sports to be fixedSo who organises match-fixing, tempting sports peopleto put their careers at risk in a disciplinary, reputationaland criminal sense? There appear to be various differentcategories of people who are engaged, ranging fromcriminals running illegal betting syndicates, to the playersthemselves.It is perhaps best to start by addressing the stereotypes

that exist, namely that the people/criminals come fromEastern Europe, Russia and the Far East. This is notwithout substance as can be seen in many of the instancesI have mentioned including in football, snooker andtennis. Yet is far too simplistic to say that these are theprincipal problem areas, as we are dealing with a trulyworldwide problem, with criminals and theirorganisations’ tentacles spreading far and wide across theglobe.The primary source of concern for governing bodies

around the world on this topic is that many of theproblems surrounding sport gambling arise fromterritories and markets where gambling is banned, suchas the Far East, because where there are prohibitionsgambling is driven into the black market.47 Indeed,Interpol has revealed that through operations in this partof the world it has made nearly 7,000 arrests. Further, itestimates the volume of illegal betting and match-fixingto be worth $500bn (£311bn) in the Asian market alone.48

39 “Russia searches for weapon against match-fixing”, Todays Zaman online, August 22, 2011.40 “Russia searches for weapon against match-fixing”, Todays Zaman online, August 22, 2011.41 “Russia set to criminalise match-fixing”, supersport.com, January 11, 2012.42 “IOC steps up fight against illegal betting, seeks global pledge to criminalize sports fraud”, The Washington Post, February 2, 2012.43 “Integrity in sport: Understanding and preventing match-fixing”, SportAccord, November 2011.44 “Max Moseley—European Court of Human Rights”, Collyer Bristow, June 2, 2011.45 “Chris Cairns sues Lalit Modi over match-fixing allegations”, The Sydney Morning Herald, January 8, 2010.46 “Cairns libel case against Modi to start March 5”, rediff.com, February 26, 2011.47 “Sports bookmakers seek safety in numbers against cheating”, Bill Wilson, BBC Business News, November 10, 2010.48 “Fifa aware of match-fixing fears”, Robin Scott-Elliot, Independent online, March 11, 2011.

Match-Fixing—The Biggest Threat to Sport in the 21st Century? 19

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 8: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

There is an interesting interplay with the legal bettingindustry, many of whom are now household names. Ifthere is a match-fixing scandal involving betting, licensedbookmakers can lose money as people stop betting andthe whole industry is tarnished. Additionally, Khalid Ali,the secretary general of the European Sports SecurityAssociation, which with the help of its bookmakermembers monitors irregular betting patterns and insiderinformation, says, “Most of our members are listed onstockmarkets, so it is also in their interests to stop bribery,corruption and match-fixing.”49 Taking this a step further,legal bookmakers must make a decision on whether topay out on suspicious matches. If they do not then honest,valuable customers may stop betting with that firm, whilstif they do pay out then this may encourage futurematch-fixing, so there is a trade off for bookmakersbetween co-operation and looking after number one.50

Playing devil’s advocate, some may even go as far as tosay that undermining all forms of gambling is not a badthing for society if viewing it as a moral hazard, but thatis very much outside the scope of this article.Overall the following have been factors, all of which

are inter-related, that have provided greater opportunitiesfor corruption through sports gambling and therefore newchallenges for the authorities: the number of bettingpossibilities (including the advent of in-play betting andspread betting), betting exchange and advances intechnology. Indeed, the head of Interpol, SecretaryGeneral Ronald K. Noble, has said recently that withincreased internet access, remote betting hasrevolutionised the gamblingmarket in terms of reach andspeed, providing opportunities for cybercrime to overlapillegal betting, creating more potential targets and morechallenges for law enforcement.51 Betting exchange isparticularly interesting as it has been a revolution in thebetting industry (not necessarily for the good), changingthe economic model for sports betting, which has broughtwith it two specific concerns:

1. with the possibility of either backing orlaying bets, both punters and bettingcompanies can adopt hedging strategiesexactly like those for financialmarkets—this can create what financialtraders would term ‘synthetic’ productswithout the control of a regulator; and

2. with the chance to both back and lay bets,punters are able to manipulate markets withsimple match-fixing rumours ormatch-fixing attempts and win whateverhappens—they simply need to back oneteam to win and lay a bet on the sameteam.52

With all of these developments there is also theassociated problem of increased money laundering anda heightened criminal presence.A darker side is emerging to the behaviour of people

involved in organising match-fixing. One matter Iaddressed earlier is threats through duress. The second,doping, has only come to light as part of the latestmatch-fixing scandal to surface in Italian football. It hasbeen alleged that in a match in November 2010,Paganesev Cremonese, players had their drinks spiked in an attemptto hamper their performance, with several falling illduring the game. That innocent players are being draggedinto the murky world of match-fixing without anyknowledge or consent is in my opinion morally heinous.Furthermore, along with the usual criminal charactersimplicated, several well-known players, including formerItalian international Christian Doni, are said to have beenactively complicit in organising this second round offixing to take place53 with 17 people now facing criminalcharges.54

Current action being taken to preventmatch-fixing and how to enhance itA comprehensive strategy to combat the complex globalthreat of match-fixing must be built on a thoroughunderstanding of the nature and scale of the threat by allthe stakeholders in sport.55 Having examined the natureand scale of the threat it is possible to analyse what actionis being taken and to evaluate its effectiveness, orotherwise.An effective way to formulate a strategy is to focus

efforts around a number of principles. Having examinedwhat academics, policy makers and sporting bodiesconsider to be the key principles in combatingmatch-fixing they appear to fit into three categories:formulation of clear guidelines; compliance with andsurveillance of those guidelines; and education.56

Clear guidelinesThe formulation of clear guidelines by SGBs, alongsidethe aforementioned legislation, is crucial so thatparticipants in sport know what is and is not allowed. Aswith any type of legislation or rules, those affected by itneed to be able to understand them so that their rights areadequately accounted for. To produce the best set ofguidelines there needs to be thorough understanding, andif necessary review, of the problem. SportAccord, as partof its commitment and recent action in relation tomatch-fixing, has produced both a comprehensive set of“Model Rules on Sports Integrity in Relation to Betting

49 “Sport bookmakers seek safety in numbers against cheating”, Bill Wilson, BBC Business News, November 10, 2010.50 “Match-fixing in tennis”, David White, Tennisbet.com, June 26, 2009.51 “Interpol chief urges increased international co-operation against rising threat of illegal sports betting”, Interpol News, March 1, 2011.52 “Integrity in sport: Understanding and preventing match-fixing”, SportAccord, November 2011.53 “Italian football rocked by fresh match-fixing scandal”, James Callow, Guardian online, June 2, 2011.54 “Ex-Italy player Cristiano Doni arrested over match-fixing”, BBC Sport, December 19, 2011.55 “Examination of threats to integrity of sports”, Section 4.5, Oxford Research A/S, April 2010.56 “Examination of threats to integrity of sports”, Section 5, Oxford Research A/S, April 2010.

20 Sweet & Maxwell’s International Sports Law Review

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 9: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

for all International Sports Federations andOrganisations”(the Rules) and a “Code of Conduct on Sports BettingIntegrity for athletes and officials” (the Code).57

The Rules are broken down into four sections:

i. Regulation of participants’ bettingactivities

Of interest here is first the “Obligation onparticipants to be responsible for their ownactions”, and secondly the offences to beestablished which are extremely (andwelcomingly) wide in scope;

ii. Regulation of competitions

As a referee myself I was particularlyintrigued by the following and how it wouldoperate: “Introduction of random financialaudits for referees and judges and regularscrutiny of their field decisions”. Also, howwould individual SGBs react if they hadthe following powers, “Prohibition ofunauthorised betting types and formulasfollowing identification by individual[SGBs] of the authorised betting types andformulas”?;

iii. Disciplinary procedures and sanctions

These seem to balance appropriately theneed for wide discretionary disciplinarypowers with appropriate safeguardsprovided for the accused’s rights; and

iv. Recommendations regarding dataexchange

Here support for an InternationalConvention on Sports Integrity ismentioned, which is a controversial topicin this area, and again respecting theaccused’s human rights duringinvestigations.

The Code is encapsulated in five headline but simpleGuiding Principles which I think are easy to rememberand understand which is positive:

1. Be Smart: know the rules.2. Be Safe: never bet on your sport.3. Be Careful: never share sensitive

information.4. Be Clean: never fix an event.5. Be Open: tell someone if you are

approached.

Around both the Rules and Code, SGBs should makesuch amendments as may be necessary to their rules andregulations to satisfy minimum standards, as a“one-size-fits-all” approach is unlikely to be appropriate

across the board. Setting standards across all sports isfollowing the approach of theWorld Anti-DopingAgency(WADA) with the World Anti Doping Code.

Compliance and surveillanceIn terms of compliance and surveillance, it is obvious thata code of conduct cannot be effective on its own, andchiefly it lays at the feet of SGBs the need to haveeffective mechanisms in place to ensure compliance withtheir rules. Best practice in ensuring compliance needsto include some form of intelligence gathering,investigating and evidence gathering to satisfy the twinaims of prevention and detection.58 There are seeminglythree ways in which this can be done: throughanti-corruption units, early warning systems (EWS), andinformation sharing.The majority of sports now have an anti-corruption

unit in place: unfortunately, the establishment of manyof them has been reactive following the revelation of amatch-fixing scandal, rather than pro-active. This isreflective of the fact that many sports have buried theirhead in the sand for too long being adamant they wereclean and “it couldn’t happen to us!” The establishmentonly in September 2010 of a new integrity unit to policesnooker following the John Higgins scandal beingevidence of the insular, haughty and delusionary attitudeof some sports to match-fixing.59

With very much the same aims of pooling intelligence,resources and expertise, in recent years there has beenthe advent of the EWS. One of the key advantages of anEWS is that it has the expensive technical systems andexpertise that it is not proportionate or possible from acost perspective for regulators and SGBs at national levelto acquire or pursue. The apparent leader in this area isFIFA’s EWS based in Switzerland, which was launchedin 2005. The declared objective of the organisation is “tosafeguard the integrity of sport”.60 It has been structuredas a legally independent and autonomous company, anddoes not pursue any commercial interests on theinternational bettingmarket. Although it is primarily thereto protect football and FIFA’s slogan of “For the Game.For the World”, it was also in operation at the OlympicGames in Beijing in 2008 on behalf of the IOC.A cornerstone of the effectiveness of FIFA’s EWS is

its trusted and intensive partnerships with more than 400national and international bookmakers who havecontractual agreements, usually Memorandums ofUnderstanding (MoUs), to share and exchangeinformation and an obligation to report any irregular orsuspicious activities in sports betting. This reflects whatwas mentioned earlier, that it is in the interests of legalbookmakers to combat the threat of match-fixing throughillegal betting channels: “[Legal] operators are the firstto lose out if matches are fixed because in the short term

57 “Integrity in sport: Understanding and preventing match-fixing”, Appendix 1, SportAccord, November 2011.58Report of the Sports Betting Integrity Panel, Chapter 4, February 2010.59 “World Snooker launches anti-corruption unit”, BBC Sport, September 20, 2010.60 http://www.fifa-ews.com.

Match-Fixing—The Biggest Threat to Sport in the 21st Century? 21

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 10: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

they are likely to lose directly on the bets and long termlose indirectly if the market decreases because peoplelose faith in sport.”61 In response to this overarching threatto their industry in 2005, and in response to the Hoyzeraffair in German football in the same year, a number ofEuropean betting operators set up their own EWS, theEuropean Sports Security Association (ESSA) based inBrussels. A reflection of how serious a threat ESSAconsiders match-fixing to be is that from its central officeit shares information and security and passes it on tosports organisations free of charge.62MoUs aim to deliverboth a level of protection, by seeking to detect irregularbetting and allow sports to take action before the event,and also provide evidence to convict and punish theparties that corrupt sport. A problem at the moment isthat there are various forms of MoUs established byindividual operators, trade associations and sportingbodies that continue to grow in number and in anuncoordinated fashion. A further contributory factorappears to be that MoUs are being agreed with sportingorganisations that have no direct integrity operation orremit.

EducationEducation about the threat of match-fixing, and theconsequences to individuals and the sport, is an areawhich has been very much neglected and behind the workofWADA, which in 2007 introduced education seminarsand workshops.63 The SportAccord Code includes anencouragement to provide education:

“International federations are encouraged toco-operate with governments and responsible bettingoperators … [for the] development of a commonEducation Programme regarding the potential risksrelated to sports betting, match-fixing andinternational crime.”64

The “Integrity in Sport” report itself is designed tocomplement “the online e-learning Programme on Howto Prevent Match-fixing From Destroying Your Career”that has been developed specifically for athletes andofficials.In the United Kingdom, the SBIP report has an entire

section dedicated to the education of competitors.65 Thekey recommendations that came from the specific workinggroup on this topic were as follows:

• SGBs and player associations in each sportshould work together in the developmentof a communication programme to highlightthe rules of the sport and for education;

• the basis of an effective communicationprogramme should be to provideface-to-face education to all participants orcompetitors at both youth and professionallevel fully to explain the rules, and what isa breach of those rules, in a way which theywill understand; and

• verification of participants’ understandingof the communication programme shouldbe evidenced through informal tests at theend of the programme.

The England and Wales Cricket Board (ECB) and theProfessional Cricketers Association are seen as flagbearers in terms of match-fixing education in the UnitedKingdom, not that it has wholly eradicated the issue asseen by the recentMervynWestfield conviction,66 throughboth its face-to-face and online programmes. ChiefExecutive of the ECB David Collier stressed: “We’veonly been too pleased to share our experience and ourprocess with countries around the world … I think wehave a leadership role to play and we shouldn’t be afraidto play it around the world in support of the ICC.”Coaches are also realising their responsibility in thisrespect with Jason Gillespie, the new Yorkshire CountyCricket coach (and former Australia pace bowler),believing it is part of his job to advise his players againstthe dangers of match-fixing: “… part of a coach’sresponsibilities is to educate people in all aspects of thegame and aspects of life. If you do that, you’d like tothink your guys will make good decisions consistently.”67

Interestingly, WADA has also initiated youthprogrammes, including a Social Science Research GrantProgramme which supports and encourages research insocial science in order to obtain information that willenable more efficient doping prevention strategies. Whynot do the same for match-fixing and corruption? It couldstimulate interest and research to fill deficiencies, bothin terms of specialism and finance, in the currentapproaches of SGBs. Additionally, from the field of socialscience,68 research has shown that school-basedprogrammes integrated into multi-level strategiesinvolving also family and community would bringlong-term changes and enhance effectiveness.

Other prevention methodsThe other area of prevention is from the participants insport. It is imperative that players themselves comeforward with any knowledge they have of corruption thatis going on in their own sport, as there is often anasymmetry of information between them and the SGB.For instance, the ATP prides itself on being one of sport’s

61 “Examination of threats to integrity of sports”, Section 5.2, Oxford Research A/S, April 2010.62 “Examination of threats to integrity of sports”, Section 5.3, Oxford Research A/S, April 2010.63 “Examination of threats to integrity of sports”, Section 5.2, Oxford Research A/S, April 2010.64 “Integrity in sport: Understanding and preventing match-fixing”, Appendix 1, SportAccord, November 2011.65Report of the Sports Betting Integrity Panel, Chapter 3, February 2010.66 “Mervyn Westfield jailed for four months over betting scam”, BBC News Essex, February 17, 2012.67 “Education key to beat match-fixing: Gillespie”, Eurosport online, December 15, 2011.68 “Prevention through education”, Backhouse et al, Leeds Metropolitan University, 2009.

22 Sweet & Maxwell’s International Sports Law Review

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 11: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

more efficient self-regulating bodies, with a significantinput from players.69 One way in which to encourageparticipants to come forward is the use of whistle-blowingchannels. This is something which Eaton has persuadedFIFA is a positive thing to do, with a hotline and websiteoffering whistle-blowers help in 180 languages due to beoperational imminently.70 Crucially, and imperative forthis to be a success, FIFA have also committed toprotecting those who do come forward with valuableinformation with anonymity and immunity fromprosecution, as in the FIFPro Black Book Eastern Europereport it said, “[players] are anxious about sanctions orprison sentences if they talk about match-fixing”.71

Importantly, the use of anonymous witnesses inmatch-fixing cases was confirmed by CAS in the recentFK Pobeda case.72

What the future holdsHaving now looked at the past and present, and madesuggestions for improvement, what are some of the mostinfluential bodies in a governing capacity in sport lookingto implement in the future, to address the multitude ofconcerns highlighted throughout this article?The competition that has remained largely untouched

by corruption despite being the biggest in the world isthe Olympics. Given the largely amateur (i.e. unpaid)standing of its competitors, the financial gains to be madefrom becoming complicit in match-fixing are persuasive.Indeed, Jacques Rogge admits that his organisation cannotafford to be naïve or complacent.73 To prevent suchcomplacency setting in the IOC are currently consideringthree options to tackle illegal betting: a new body basedon a formalised structure; a body based on existing UnitedNations/Council of Europe conventions; or to continuebuilding alliances and communication between SGBs,governments and international bodies such as Interpol.74

To fund any of the options Mr Rogge has called forcontroversial legislation that will see sport receive aportion of betting revenues as a rule across Europeancountries.75 He believes that the regulated bettingindustry’s role as an ally in the fight to protect theintegrity of sport should come at a price. He says that theIOC favours a systemwhere betting operators are licensedby the national government but that SGBs should have a“fair return” for their efforts for organising the sport fromthe operators’ financial income. This “levy”’ has beenjustified on the basis that the betting operators use sport’s“intellectual property” (IP) to their commercial

advantage.76 Although, as already shown, legal bettingoperators want to help in the fight, and many people canbe integral to it, they do not buy into the idea thatbookmakers are somehow using sport’s IP and shouldtherefore have to pay for the privilege. However, if thegoals of an SGB or government are simply driven byshort-term financial aspirations, the long-term prize forcleaning up sport for good could remain a distant pipedream.77

The IOC has very much heightened its efforts in lightof the upcoming London 2012 Olympic games thissummer, alongside the UK Government, with OlympicMinister Hugh Robertson recently saying thatmatch-fixing had overtaken doping as the event’s biggestthreat: “At some stage over the next two or three years,we will have some other sort of betting scandal in somesport. I just hope it’s not at the Olympics.”78 In criticisingregulation in the Far East and sub-continent he alsorevealed the establishment of a dedicated intelligence unitto target betting syndicates throughmonitoring suspiciousbetting patterns and sharing intelligence at the 2012Games. The IOC has also recently signed a MoU withBetfair for the Olympics.79

The next most powerful SGB in the world is FIFA.They are implementing a number of policies and spendingvast amounts of money looking into the future in thisarea. Specifically to address the high risk of referees beingcorrupted by match-fixers, FIFA are now promisingtighter monitoring of referees’ assignments by forcingorganisers of exhibition matches/friendlies to submitreferees’ names for approval twomonths before the gameis to be played.80 One may wonder why FIFA has notcontrolled this from the outset: very much a case oflocking the stable door after the horse has bolted.Throughout this article, it is evident how crucial

strategic partnerships between various stakeholders inthe integrity of sport are to the success of fightingmatch-fixing. Indeed, Secretary General of Interpol,Ronald K. Noble, has said that law enforcement has tobe equally as flexible through co-operation at the regionaland global levels—not only to facilitate the exchange ofexpertise and intelligence on suspects andmodus operandibut to carry out joint operations when possible.81 Onesuch regional event is another in summer 2012, the UEFAEuropean Football Championship finals in Poland andUkraine, for which Interpol will be deploying one of itsMajor Event Support Teams.82

69 “Tennis authorities keeping a close eye on potential match-fixing”, Kevin Mitchell, Guardian online, September 10, 2010.70 “FIFA pledges to protect match-fixing witnesses”, Graham Dunbar, Bloomberg Businessweek, January 10, 2012.71 FIFPro Black Book Eastern Europe, Conclusions, February 2012.72CAS 2009/A/1920 FK Pobeda, Aleksandar Zabrcanec, Nikolce Zdraveski v UEFA.73 “IOC targets match-fixers”, David Bond, BBC Sport, March 1, 2011.74 “IOC considers three options for tackling illegal betting”,World Sports Law Report, Volume 9(3), March 2011.75 “Sport: A right to bet?”, SportBusiness International magazine, No. 166, April 2011.76 “Gambling: EU online gambling consultation: issues for sport”, Andrew Danson,World Sports Law Report, Volume 9(4), April 2011.77 “Sport: A right to bet?”, SportBusiness International magazine, No. 166, April 2011.78 “London 2012: Olympics betting event fixers targeted”, BBC News online, January 1, 2012.79 “London 2012: IOC and Betfair work to stamp out corruption at Olympics”, Owen Gibson, Guardian online, January 12, 2012.80 “FIFA pledges match-fixing fight”, ESPN.com, March 3, 2011.81 Speech from Interpol’s Global Conference on Asian Organized Crime, Singapore, January 23, 2008.82 “Uefa and Interpol: tackling football-related crime ahead of Euro 2012”, Brian Sims, info4security.com, January 23, 2012.

Match-Fixing—The Biggest Threat to Sport in the 21st Century? 23

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors

Page 12: Match-Fixing: The Biggest Threat to Sport in the 21st Century? (2013)

FIFA too recognises this with Eaton saying, “It’sabsolutely possible to stop [match-fixing], provided wecan have the integrated co-operative mechanisms thatinvolve a combination of police, prosecutors andinternational bodies willing to combine resources andskills”,83 and it has just pledged £17.5 million to aground-breaking 10-year crack-down on match-fixingand illegal betting working alongside Interpol. Themoneywill help create a FIFA Anti-Corruption Training Wingwithin the Interpol Global Complex in Singapore (due tobecome operational in early 2014). Singapore isconsidered a good place strategically to base operationsto combat the threat due to Interpol’s presence, with itsnew Integrity in Sport Unit also being based there, andFIFA believing that a number of illegal betting operationsoperate from the country.84 The money will also be usedto educate players, referees and officials. Ronald K. Noblesaid, “By funding a long-term corruption preventiontraining programme to be designed and implemented byInterpol … FIFA has taken a significant step towardsensuring the integrity of football worldwide.”

Final wordsThis article has looked at all aspects of match-fixing inan attempt to highlight and question why it is given farless column inches and coverage than other threats to theintegrity of sport, particularly doping, when it is in myopinion the biggest threat of the 21st century. Theperception of a problem of match-fixing can be as seriousa threat as the actual problem itself, so both are importantto tackle.85 Furthermore, no longer should those convictedof doping offences be vilified more than convictedparticipants in match-fixing, as CAS reasons succinctly:“[match-fixing] touches at the very essence of theprinciple of loyalty, integrity and sportsmanship.”86 Theincreasing presence of criminals across the sportingspectrum should be a concern for all stakeholders andprovide additional impetus to the continuing need forconcerted action on a global scale, principally given thatorganised crime never loses money in illegal gamblingoperations: one way or another theymake a profit. RonaldK. Noble highlighted the gravity of the increasing criminalpresence perfectly: “organised criminals frequentlyengage in loan-sharking and use intimidation and violenceto collect debts, forcing their desperate, indebted victimsinto drug smuggling and their family members intoprostitution”.87 If that does not make you sit up and takenotice then nothing will.

83 “Gold Cup match-fixing allegations highlight global problem”, Grant Wahl, SI.com, December 8, 2011.84 “Fifa unveils anti-match-fixing plan”, BBC News online, May 9, 2011.85 “Examination of threats to integrity of sports”, Section 4.3, Oxford Research A/S, April 2010.86CAS 2009/A/1920 FK Pobeda, Aleksandar Zabrcanec, Nikolce Zdraveski v UEFA.87 “FIFA’s historic contribution to INTERPOL in fight against match-fixing”, FIFA.com, May 9, 2011.

24 Sweet & Maxwell’s International Sports Law Review

[2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors