Preventing, disclosing and combating corruption in sport Sport s perspective 14.11.2013 Kraków Criminal Service Bureau National Police HQ s Ministry of Sport and Tourism
AGENDA 1. The phenomenon of match-fixing 2. Europe against match-fixing 3. Cooperation Polish example 4. Questions
CASES Case Sport Competition Criminal activities Sources Fenerbahce 2010-2011 Football 1 st League Championship Bribes Threats (Irregular bets?) Agencies Yu Yang Badminton Olympic Games 2012 NONE (Tactical decision) Agencies Vinokourov _ Kolobnev Cycling Liège-Basogne-Liège 2010 Bribes ( 100 000 + 50 000) L Illustré July 2012 Bohum Football Bundesliga Betting Police investigation Montpelier Handball French League Betting Betting monitoring system VETO Football European leagues, champions league International organized crime, betting EUROPOL investigation
EU ACTIONS AGAINST MATCH-FIXING Communication from the Commission Developing the European Dimension in Sport JAN 2011 Resolution of the Council on European Union Work Plan for Sport for 2011-2014 - MAY 2011 Expert Group Good Governance in Sport
EU ACTIONS AGAINST MATCH-FIXING Match-fixing violates the ethics and integrity of sport. Whether related to influencing betting or to sporting objectives, it is a form of corruption and as such sanctioned by national criminal law. International criminal networks play a role in match-fixing associated with illicit betting. Due to the worldwide popularity of sport and the transfrontier nature of betting activities, the problem often goes beyond the remit of national authorities.
EU ACTIONS AGAINST MATCH-FIXING Priorities: ( ) integrity of sport, in particular the fight against doping, match-fixing and the promotion of good governance
EU ACTIONS AGAINST MATCH-FIXING Council conclusions on combating match-fixing NOV 2011 (PL Presidency) Study launched by the Commission on the legal framework applicable to sporting fraud, notably match-fixing, in the EU Member States MAR 2012 http://ec.europa.eu/sport/library/documents/f-studies/study-sports-fraud-final-version.pdf Nicosia Declaration on the fight against match-fixing SEP 2012
EU ACTIONS AGAINST MATCH-FIXING Actions at EU level aimed at combating match-fixing should be complementary to actions carried out by the sports movement, public authorities and betting operators Encourage the development of educational programmes Encourage close cooperation and information sharing between all interested stakeholders in order to combat match-fixing in an effective way, including through any appropriate form of international agreements at all levels, in particular to exchange information on best practices in the prevention, prosecution and monitoring of suspicious betting on sport events
EU ACTIONS AGAINST MATCH-FIXING Education, Prevention and Good Governance International coordination Cooperation Monitoring Sanctions
EU ACTIONS AGAINST MATCH-FIXING Input on the EU's role in fighting match-fixing JUN 2012 Presidency Conclusions on establishing a strategy to combat the manipulation of sport results NOV 2012
EU ACTIONS AGAINST MATCH-FIXING Promote adequate operational capacity to fight match-fixing in law enforcement and judicial authorities, within the framework of the available resources, including through training of law enforcement and judicial authorities in order to improve skills and strengthen capacity in the fight against match-fixing at national, EU and international level, where appropriate by having recourse to specialised training agencies such as the European Police College (CEPOL) and the European Judicial Training Network. Promote cooperation among police forces and prosecution services, in appropriate cases also in the context of Joint Investigation Teams (JIT) dealing with cross-border cases of match-fixing Ensure that the next orientation document providing guidance on the action of Europol includes a reference to the fight against match-fixing as often being related to areas of serious cross-border crime such as fraud, money laundering, corruption or organised crime
EU ACTIONS AGAINST MATCH-FIXING EU Preparatory Actions in the field of sport 2012 Keep rugby onside: promoting integrity in rugby Educating European Elite Athletes about Match Fixing (EEAA) Don't fix it! An education & prevention programme (FiFPro, UEFA) Eduquer et reponsabiliser les gouvernements et les autorités sportives nationales à la menace des matches truqués Staying on side: How to stop match fixing (Transparency International)
COUNCIL OF EUROPE PERSPECTIVE CONVENTION ON FIGHT AGAINTS MATCH -FIXING Draft international convention against manipulation of sport competition
COUNCIL OF EUROPE PERSPECTIVE CONVENTION ON FIGHT AGAINTS MATCH -FIXING Adoption of Rec/CM(2011)10 Ministerial meeting Belgrade on 15 March 2012 Green light to the negotiation of a convention on 13 June 2012 Possibly opened to signatures in September 2014
COUNCIL OF EUROPE PERSPECTIVE CONVENTION ON FIGHT AGAINTS MATCH -FIXING Drafting Group Members: countries participating in the negotiations (not only European) European Commission Observers: UNODC, Interpol, UNESCO, the PACE, the CDPC, T-PD, T-DO, T-RV, Moneyval, GRECO
STAKEHOLDERS Identification of action to be taken by: Governments Sports Betting regulators Corruption Criminal law Betting operators Private industry Lotteries Sport organisations
DELEGATIONS Sport Law enforcement Betting regulators
SCOPE OF A POSSIBLE CONVENTION Manipulations: betting-related or not Global response not on corruption in governance of sport not on opening of the betting market not on funding of sport
FUNCTIONS General legislations Prevention - Detection Education Support betting monitoring Fight against illegal betting Co-operation (Working platform) Sanctions + judicial co-operation Address loopholes in legislations Exchange of information Monitoring of states commitments
COUNCIL OF EUROPE PERSPECTIVE CONVENTION ON FIGHT AGAINTS MATCH -FIXING National Platforms Each Party shall establish a national platform responsible for setting up a national betting monitoring mechanism. This national betting monitoring platform shall be responsible for gathering and centralizing information provided by sports organisations, betting regulatory authorities betting operators and its relevant authority/ies
INTERNATIONAL CO-OPERATION OF NATIONAL MONITORING SYSTEMS
VISION (IN 5 YEARS) World-wide mobilisation Co-operation (Sport/BO/PA) Education, prevention Effective detection (betting monitoring systems + exchange of intelligence) Clear legal provisions Effective law-enforcement (incl. cooperation with sports movement)
The INTERPOL-FIFA Initiative Launched in May 2011 Aims to develop a global training, education and prevention programme. Focus on regular and irregular betting as well as match-fixing in football.
Goals of the Integrity in Sport initiative: Educate and train key actors on how to recognize, resist and report attempts to corrupt or fix matches. Better prepare law enforcement on how to investigate and cooperate on corruption or match-fixing related cases. Improve key actors awareness of the phenomenon, the strategies used by its perpetrators and methods to detect and counteract them.
IMPLEMENTATION IN POLAND Don t be a pawn in somebody s game Intersectoral project Partners: Ministry of Sport and Tourism National Police HQ s
IMPLEMENTATION IN POLAND Education - Training project Target groups: young athletes, sports officials, referees Guidlines Sport Schools, Sport Clubs
IMPLEMENTATION IN POLAND National Program Against Corruption TV Spot - CBA
IMPLEMENTATION IN POLAND POLISH LAW ON SPORT June 2010 (Chapter 10, Criminal Provisions) Article 46 1. Anyone who, in connection with sports competitions organized by a Polish sports association or by another entity operating under an agreement concluded with such association, or by an entity operating on its behalf, accepts material or personal benefits or promise of such benefits, or demands such benefits or a promise of such benefits in exchange for unfair behaviour that may affect the results of a sports competition, shall be liable on conviction to imprisonment for a term from 6 months to 8 years.
IMPLEMENTATION IN POLAND POLISH LAW ON SPORT June 2010 (Chapter 10, Criminal Provisions) Article 46 2. Any person who gives or promises such material or personal benefits, as described in paragraph 1, shall be liable on conviction to the same punishment. 3. In cases of lesser significance, anyone who commits the acts described in paragraph 1 or 2 shall be liable on conviction to a fine, restriction of liberty or imprisonment for a term not exceeding 2 years. 4. If the value of the material benefit referred to in paragraph 1 or 2 is significant, any person who has accepted the material benefit or promise of such benefit, or has given or promised such benefit, or has demanded such a benefit or promise of such benefit shall be liable on conviction to imprisonment for a term from 1 year to 10 years.
IMPLEMENTATION IN POLAND POLISH LAW ON SPORT June 2010 (Chapter 10, Criminal Provisions) Article 47 Anyone who, having gained information about an unlawful act referred to in Article 46, takes part in betting that concerns sports competitions to which such information refers, or discloses such information to [encourage] another person to take part in such betting shall be liable on conviction to imprisonment for a term from 3 months to 5 years.
IMPLEMENTATION IN POLAND POLISH LAW ON SPORT June 2010 (Chapter 10, Criminal Provisions) Article 48 1. Anyone who, pointing to his or her influence in a Polish sports association, or in an entity operating under an agreement concluded with this association, or in an entity operating on its behalf, or leading another person to believe, or strengthening that person s conviction, that such influence is real, undertakes to act as a middleman in setting up a specific result of a sports competition in return for material or personal benefits or for a promise of such benefits shall be liable on conviction to imprisonment for a term from 6 months to 8 years. 2. Anyone who gives or promises to give a material or personal benefit in return for someone to act as a middleman in setting up a specific result of a sports competition, by means of unlawful influence on an official of a Polish sports association, or of an entity operating under an agreement with such association, or of an entity operating on its behalf, in connection with the performance of their official functions, shall be liable on conviction to the same punishment. 3. In cases of lesser significance, a perpetrator of acts described in paragraphs 1 or 2shall be liable on conviction to a fine, restriction of liberty or imprisonment for a term not exceeding 2 years.
IMPLEMENTATION IN POLAND POLISH LAW ON SPORT June 2010 (Chapter 10, Criminal Provisions) Article 49 A person who has committed a crime specified in Article 46 paragraph 2, Article 46 paragraph 3 or 4, in connection with paragraph 2, or in Article 48 paragraph 2 or 3, in connection with paragraph 2, shall not be punishable, if the material or personal benefit or a promise of such benefit has been accepted, and the perpetrator immediately notifies the competent law enforcement body and reveals all the important circumstances of the crime before that law enforcement body discloses them otherwise.
POLICE EXPERIENCES MATCH FIXING TASK FORCE GROUP INTERPOL POLICE EXEPRIENCE CONTROLLED BRIBERY ARTICLE 19a ACT OF POLICE
THANK YOU DZIĘKUJEMY 25.07.2013 Legionowo