A Presentation by Peter Nicholson Play The Game 2015 Exploiting The Connection Sporting Rules Violations And Criminality

Criminality In Sport UNESCO Charter Article 10 – Integrity and Ethics “The manipulation of sports competitions offers large scale business opportunities for transnational organised crime” “Effective measures…. for national and international cooperation… and a coordinated global response”. Note well: Outsiders and sport administrators and athletes.

Cheating In Elite Sport - doping AD rules list “don’t do’s” which by exemption is a list of “do’s”. What is “Being Clean”? Athletes want to win, some cheat. There is a significant grey area of suspicious athletes. Why do we keep suspicious athletes a secret? Are there any incentives for the non-cheat? How effective is our deterrence? ARE WE PLAYING THE GAME?

Changing Deterrence In Elite Sport In International Criminal Law ie: WAR CRIMES, CRIMES AGAINST HUMANITY and GENOCIDE there are 3 legal thresholds: Reasonable grounds to believe. Submit to Pre-trial chamber. Made public. Warrants of arrest issued if judges concur. Substantial grounds to believe. Accused in custody and appears before the PTC. Further evidence, but not all, submitted to PTC. Trial goes ahead if judges concur. Beyond reasonable doubt. Prosecution and Defence cases. Three Judges decision, can be dissenting opinion. Appeal before five Judges. Nothing available in sport, all secret in favour of athlete Sport self- imposed thresholds before a case is raised Extreme Risk Aversion

Deterrence In Elite Sport Define SUSPICIOUS. Does it equate to…. Reasonable grounds to believe? Substantial grounds to believe? If so, DO….. SOMETHING…. ABOUT…. IT….

Changing Deterrence In Elite Sport Make some ‘wild’ assumptions: Many athletes cheat, lie and are in denial. It should be a Privilege not a Right to compete at elite levels. Privileges come with Obligations [contractually]. The ‘benefit of the doubt’ is forfeited by athletes. Win ‘within the rules’ is the only way. Non-cheaters are not affected.

Deterrence In Elite Sport Annual testing over 10 years, all samples. Reduce ‘today’ testing, increase ‘historic’ testing [$=$]. 3 x ‘suspicious’ tests or establishing ‘Reasonable Grounds To Believe’ trigger investigation incl. interview. Full disclosure of contacts, personnel, doctors, clinics, locations, travel, bank accounts, phone/s records. Mandatory 24/7 movement monitoring. Lie detector tests? Can compete, no prize money, only placings for 12 months whilst under investigation ie: not a ban.

Changing Deterrence In Elite Sport Improve sporting powers, strengthen athlete and others contracts. IF’s fund and enforce investigations – link and share knowledge, external audit, ISO standards, participation penalties. International Federations or IOC Independent Investigation Body? Doping, Political Exploitation, Corruption, Doping, Cheating and Manipulation – identify, integrate, investigate, interdict.

Changing Deterrence In Elite Sport Use national and regional criminal law frameworks and entities. Develop added-value information for national and trans-national law enforcement. Proxy use of police/border force powers. Collect on professionals and amateurs - organised crime links. Collect on clinics/doctors – doping, trafficking, science, technology. Collect on corruption – illegal gambling, outcome fixing. Collect on financial streams – tax, fraud, laundering. Collect on clustering – easier tax, slacker law, better medical opportunities. Use personnel that have government clearances. Use systems that can link and store confidential information.

THANK YOU! DISCUSSION