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Sports betting and corruption: How to preserve the - SportAccord

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<strong>Sports</strong> <strong>betting</strong> <strong>and</strong> <strong>corruption</strong>: <strong>How</strong> <strong>to</strong> <strong>preserve</strong> <strong>the</strong> integrity of sport<br />

The use of <strong>the</strong> privileged information may consist of <strong>the</strong> acquisition or transfer of financial<br />

instruments when <strong>the</strong> party concerned knew, or ought <strong>to</strong> have known, that <strong>the</strong> information held was of<br />

a privileged nature. In this respect, <strong>the</strong> competent authorities must determine what a normal <strong>and</strong><br />

reasonable person knew or ought <strong>to</strong> have known given <strong>the</strong> circumstances.<br />

2.Market manipulation<br />

This can take two main forms:<br />

a) performing transactions or issuing orders <strong>to</strong> trade:<br />

- that give, or are likely <strong>to</strong> give, false or misleading signals as <strong>to</strong> <strong>the</strong> supply of, dem<strong>and</strong> for or price of<br />

financial instruments, or<br />

- that secure, by <strong>the</strong> action of one or more persons acting in concert, <strong>the</strong> price of one or more financial<br />

instruments at an abnormal or artificial level,<br />

b) performing transactions or issuing orders <strong>to</strong> trade that employ fictitious devices or any o<strong>the</strong>r form of<br />

deception or contrivance;<br />

3.Spreading false information<br />

This is disseminating information, whe<strong>the</strong>r through <strong>the</strong> media (including <strong>the</strong> Internet) or by any o<strong>the</strong>r<br />

means, which gives (or is likely <strong>to</strong> give) false or misleading signals as <strong>to</strong> financial instruments,<br />

including spreading rumours or disseminating false or misleading information, when <strong>the</strong> person who<br />

made <strong>the</strong> dissemination knew, or ought <strong>to</strong> have known, that <strong>the</strong> information was false or misleading.<br />

Be that as it may, a vital preliminary is <strong>to</strong> raise awareness among all stakeholders of <strong>the</strong> risks of<br />

<strong>corruption</strong> linked <strong>to</strong> sports <strong>betting</strong>. For example many sportspeople are unaware of <strong>the</strong> issue of conflict<br />

of interest <strong>and</strong> bet on sport without seeing any harm in <strong>the</strong> practice. European association EU<br />

Athletes 99 runs a prevention programme for players - part of which consists of raising awareness<br />

directly among players in <strong>the</strong> changing rooms - <strong>and</strong> has ascertained that more than half <strong>the</strong> footballers<br />

in Engl<strong>and</strong> are not at all aware of <strong>the</strong> obligations relating <strong>to</strong> <strong>the</strong>ir status 100 . About 20% of professional<br />

basketball players in France have admitted, in changing room surveys, that <strong>the</strong>y have bet already on<br />

<strong>the</strong>ir own championship 101 . These two examples illustrate <strong>the</strong> pressing need <strong>to</strong> educate participants in<br />

sport.<br />

Fac<strong>to</strong>ring in risk by raising awareness among stakeholders<br />

Significant attention must be paid <strong>to</strong> athletes. Apart from <strong>the</strong> risk of insider information, <strong>the</strong>re is a<br />

serious risk of athletes finding <strong>the</strong>mselves caught in a web <strong>and</strong> criminal spiral, but at grassroots level<br />

99 See Code of Conduct on <strong>Sports</strong> Betting for Athletes, EU<br />

Athletes (http://www.euathletes.info/uploads/media/<strong>Sports</strong>_Betting_-_Code_of_Conduct_for_AthletesEN.pdf)<br />

100 Interview with Simon Taylor, Professional Players Federation, United Kingdom, 14 April 2011<br />

101 Interview with Jeff Reymond, Union Nationale de Footballeurs Professionnels, France, 30 March2011<br />

58

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