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Current Threats to the Integrity of Sport

Professor Richard H. McLaren

Faculty of Law, Western University Canada

McKenzie Lake Lawyers LLP, London, Ontario

October 18, 2012

Threats to Integrity

• Doping

• Match-Fixing

• Weak governance

Doping in Sport

• Why is it such a problem?

• The role of Sport Governing Bodies (SGBs) and WADA

• The role of government

• What has been done and what needs to be done…

Sport Governing Bodies (SGBs) and WADA

• Contract relationship

• Ensured consistency across sports– BOA v. WADA [CAS 2011/A/2658]– USOC v. IOC [CAS 2011/O/2422]

• Is the WADC enough?

Governments and Doping

• Can criminally prosecute

• Greater resources

• International cooperation

Governments and Doping

• The Spanish Operations– Operacion Puerto– Operacion Greyhound– Operacion Skype

• 2006 Turin Olympics

• The United States– The BALCO Investigation

MLB and Cycling

• MLB– Mitchell Report

• Cycling– Tyler Hamilton & Floyd Landis– UCI/ WADA v. Alberto Contador Velaso & RFEC

(CAS 2011/A/2384; CAS 2011/A/2386) – USADA v. Lance Armstrong

Match-Fixing in Sport

• Corruption not unique to sport

• Threat to integrity

• Different forms of corruption– Match-fixing– Spot-fixing– Insider information

Growth of Sports Betting Market

• Global betting market has grown substantially

• Technological advancements

• Liberalization of anti-betting laws and acceptance by society

SGBs Efforts to Address Match-Fixing

• SGBs slow to address match-fixing

• Anti-corruption codes

• No global anti-corruption organization equivalent to WADA

SGBs Efforts to Address Match-Fixing

• Integrity units– Gathering evidence – MOUs

• Electronic data analysis systems – EUFA– FIFA

• Criticisms of SGBs

Recent Match-Fixing Scandals

• Corruption still very prevalent

• Handball scandal in France (2012)

• UK cricket scandal (2010)

Government, Organized Crime, and Match-Fixing

• Government’s role

• Organized crime– Profitable– Money laundering

- Nikolay Davydenko (2007)

Weak Governance of SGBs

• How it is defined

• Lack of research

• Why it is important

Weak Governance – A Structural Problem

• Significant autonomy • Low accountability/ transparency • Lack of clear beneficiary • Who will pressure SGBs to reform?

Specific Governance Issues

• Code of ethics

• Conflicts of Interest – personal/ institutional

• Gifting and hospitality

• Enforcement

FIFA Case Study

• Structural issues

• Scandals at FIFA– ISL marketing corporation – 2018/ 2022 World Cup site selection– 2011 FIFA presidential election

• Current reforms – Mark Pieth

Weak Governance and Sports Corruption

• Self-interest is at the core of both

• Internal roadblocks

• Cultural implications

Moving Forward

• Sport as a microcosm of society • Doping and match-fixing will continue as

threats to integrity• SGBs must maximize their efforts before

relying on government assistance• Technological advancements will continue• An anti-corruption WADA?• Governance deserves more attention.