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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 />

course of <strong>the</strong>ir professional experience. This can also make contact easier with local police authorities.<br />

The approach is appropriate for highly popular <strong>and</strong> particularly exposed sports, but does not<br />

necessarily suit less widespread disciplines, which may have limited resources. National police only<br />

intervene in response <strong>to</strong> offences, as cases brought <strong>to</strong> court by <strong>the</strong> law or <strong>the</strong> police are reliant on <strong>the</strong><br />

existence of a (presumed) violation of <strong>the</strong> law, or of catching someone in <strong>the</strong> act. For example in<br />

France <strong>the</strong> Service Courses et Jeux (Racing <strong>and</strong> Gambling Department) - a department of <strong>the</strong> criminal<br />

police force - can carry out investigations only in <strong>the</strong> event of criminal offences. No affairs connected<br />

with sports <strong>betting</strong> are h<strong>and</strong>led by <strong>the</strong>m at <strong>the</strong> present time. The preliminary inquiry in<strong>to</strong> <strong>the</strong> Tours-<br />

Grenoble match (see above) was not pursued because it dem<strong>and</strong>ed substantial investigation work that<br />

could not be undertaken by <strong>the</strong> police force without dedicated resources <strong>and</strong> <strong>the</strong> appropriate criminal<br />

classification. In fact, unless explicitly requested <strong>to</strong> do so, <strong>the</strong> police are not allowed <strong>to</strong> question <strong>the</strong><br />

protagonists in an affair such as this - particularly <strong>the</strong> players - <strong>to</strong> collect information needed for an<br />

inquiry 111 .<br />

A number of countries have however recognised this weakness, <strong>and</strong> incorporated this type of offence<br />

in <strong>the</strong>ir penal codes. The offence currently exists in Turkey, Italy, <strong>the</strong> United Kingdom, Portugal <strong>and</strong><br />

Spain, <strong>and</strong> will soon come in<strong>to</strong> force in Australia. Prison sentences range from a few months <strong>to</strong> 12<br />

years, depending on <strong>the</strong> country, <strong>and</strong> mostly punish <strong>the</strong> corrup<strong>to</strong>r, although some also envisage<br />

punishing <strong>the</strong> corruptee (UK law particularly). The question also arises as <strong>to</strong> whe<strong>the</strong>r it is appropriate<br />

<strong>to</strong> make it m<strong>and</strong>a<strong>to</strong>ry <strong>to</strong> declare a suspicion, <strong>and</strong> if so, what should be <strong>the</strong> penalties for those who fail<br />

<strong>to</strong> comply?<br />

The Italian law goes back <strong>to</strong> 1989 <strong>and</strong> makes provision for <strong>the</strong> punishment of organisers of <strong>corruption</strong><br />

who promise money or any o<strong>the</strong>r benefit <strong>to</strong> a participant. The corrupted player or referee is not<br />

directly involved in <strong>the</strong> criminal offence, but <strong>the</strong> law requires an exchange of information between <strong>the</strong><br />

public authorities <strong>and</strong> <strong>the</strong> sports movement. Thus in <strong>the</strong> Calciopoli affair in 2006, those responsible<br />

were sentenced on <strong>the</strong> charges relating <strong>to</strong> criminal gangs <strong>and</strong> fraud in sport . The Italian law also<br />

makes provision for an aggravated sentence if <strong>the</strong> <strong>corruption</strong> is linked with sports <strong>betting</strong>.<br />

In 2005, in Engl<strong>and</strong>, cheating became an offence - this applies both <strong>to</strong> participants on <strong>the</strong> field <strong>and</strong><br />

those orchestrating such cheating, <strong>and</strong> carries a range of varying penalties. It is interesting <strong>to</strong> see that<br />

in <strong>the</strong> London cricket <strong>corruption</strong> sc<strong>and</strong>al, <strong>the</strong> Pakistani cricket players who fixed aspects of games<br />

during international matches received prison sentences of up <strong>to</strong> two-<strong>and</strong>-a-half years. The application<br />

of this offence <strong>to</strong> sportspeople sends a strong message <strong>to</strong> <strong>the</strong> entire profession. The publicity given <strong>to</strong><br />

criminal sanctions exceeds that of disciplinary sanctions, which are certainly a deterrent for players<br />

concerned about <strong>the</strong>ir career, but not particularly so for players who are already caught in <strong>the</strong> web of<br />

<strong>corruption</strong> or are coming <strong>to</strong> <strong>the</strong> end of <strong>the</strong>ir sporting career.<br />

In 2011, Turkey passed a law <strong>to</strong> <strong>the</strong> effect that any person convicted of <strong>corruption</strong> with <strong>the</strong> aim of<br />

influencing <strong>the</strong> result of a match is now liable <strong>to</strong> a five- <strong>to</strong> 12-year prison sentence <strong>and</strong> a fine. The<br />

sentence will be increased by a fur<strong>the</strong>r 50% if <strong>the</strong> <strong>corruption</strong> involves officials, club management or<br />

criminal organisations, or if it was committed <strong>to</strong> influence sports <strong>betting</strong> results. Criminalising fraud in<br />

sport is a more direct way of exposing unscrupulous club managers who manipulate games ei<strong>the</strong>r<br />

111 Interview with <strong>the</strong> Service Courses et Jeux, DCPJ, France, 1 September 2011<br />

65

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