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.
