FA-IVAN TONEY BETTING SAGA: AN ANALYSIS OF THE LEGAL ISSUES

As the remaining games dwindle in the topflight football leagues and the UCL (UEFA Champions League) and UEL (UEFA Europa League) enter their final stages, the 2022/2023 football season is winding down. This period marks the most nerve-wracking time of the year for league leaders and their fans who are no longer alone at the summit (Arsenal as a case study), and for top clubs who hunger for victory in their respective competitions. This particular time of the year is when fans become more desperate for a victorious outcome, to the extent that they take part in betting activities. It is surprising that this practice is quite common among both the masses, and even professional football players themselves, despite clear laws prohibiting these players from such gambling behavior. This paper tends to address the Ivan Toney issue from a legal perspective.

INTRODUCTION

As rival fans pursue breaking Hilda's Guinness World Record of cooking for the longest period by cooking Arsenal for bottling the Premier league title, yesterday we witness the same Pep Guardiola that shattered Arsenal's title hopes also annihilating arguably the greatest club in European cup competition, Real Madrid. Between these two events, English FA (Football Association) released a verdict on the 17th of May 2023, banning Ivan Toney for eight months with a fine of ￡50,000 (?28,629,560 Million) following a personal hearing and investigation by an independent regulatory commission, having been charged with 262 breaches of FA Rule E8 in total between 25 February 2017 and 23 January 2021. The FA subsequently withdrew 30 of these breaches and he admitted to the remaining 232[1]. Toney will not be able to play for club or country until January 16, 2024, and he has been warned as to his future conduct.

Ivan Toney (born 16 March 1996) is an English professional footballer who plays as a striker for Premier League club Brentford and the England national team [2]. Toney, who has started 33 games this season and has bagged 21 goals and 5 assists in all competitions for the Bees, helping Brentford into ninth place (above Chelsea) in the English Premier League Table.

THE ENGLISH FA RULES ON BETTING

The Draconian FA Rule E8 introduced a worldwide betting ban on football for participants [3]. The ban prohibits betting on any match taking place anywhere in the world or any other football-related matter such as transfers, managerial hiring and firing or passing information to instruct someone to place a bet on your behalf or for their own benefit.

It is also possible to be in breach of Rule E8.2 for passing on information to someone else where such information is used in relation to betting. An example is the former Liverpool striker, Daniel Sturridge who was banned for four months for breaching betting rules. The former Liverpool striker was found to have instructed his brother Leon to bet on a possible move to Spanish side Sevilla and had given him inside information during the January 2018 transfer window.

However, the provision of Rule E8.3 provides for an exception, which impose duty on the alleged participant to prove beyond balance of probability, that he provided any such information in circumstances where he did not know, and could not reasonably have known, that the information provided would be used by the other person for or in relation to betting.

By virtue of the provision of Rule A41 of the Disciplinary Regulations [4], the Regulatory Commission have the power to impose any one or more of the following penalties or orders on the Participant, which are:

1. A reprimand and/or warning as to future conduct;
2. A fine [5];
3. Suspension from all or any specified football activity from a date that the Regulatory Commission shall order, permanently or for a stated period or number of Matches [6]; et cetra

Hence, the duration of the suspension and the fine imposed is at the discretion of the independent regulatory commission. As seen in Rule B33 of the Disciplinary Regulations, which states that the Regulatory Commission may impose any penalty that it considers to be appropriate in accordance with its general powers.

AVAILABLE OPTIONS FOR IVAN TONEY

Toney on the17th of May posted on his social media stating that he was "disappointed" with the ban but would not be commenting further until the written reasons are published [7]. His ban has also bottled any chance of a lucrative move to a big club this summer. Chelsea was among the clubs interested in Toney, who has worked his way up from League One and last week was described by Thomas Frank as a ￡100million footballer.

Ivan Toney has very limited options at his disposal, one of which is to appeal the decision of the FA independent regulatory commission. Since he conceded to committing 232 breaches out of the 262 charged against him, his appeal will only be based on the punishment imposed [8]. The appeal will be brought under the Disciplinary Regulations Part B (Non-fast track regulation), which entertains breaches of integrity and betting matters in accordance with Rules E5 and E8 of the FA Rules. The appeal must be lodged within 14 days of the decision being made and the case will be heard by an independent Appeal Board. The Appeal Board can either uphold or reject the original decision. If the decision is rejected, a new hearing could be arranged. Considering his chances. See, Rule C5.2 of the Disciplinary Regulations.

?He may also accept the punishment and abide by it as well as pay the fine as imposed. Failure to pay fines within the deadline ordered may result in an automatic increase of 25% of the amount due. See, Rule A61 of the Disciplinary Regulations.

AVAILABLE OPTIONS FOR BRENTFORD

The ban is a setback for Brentford. According to Sky sports, in a statement, Brentford said they were "awaiting the publication of the written reasons of the independent regulatory commission. We will review them before considering our next steps."

The only option available for the Bees is to comply with the provision of the FA Rule E12, which provides that a club shall do all things necessary to ensure that a Player associated with it complies with a penalty or order imposed pursuant to the Rules and regulations of The Association.

So, while losing Toney is a setback, it is not time to panic. The Bees are one of the best-run clubs in the country and Frank (First Team Manager) is capable of transforming a new signing or even reshaping the team with existing personnel. Brentford should consider looking to the transfer market for a replacement, but they could have solutions in their squad.

CONCLUSION

It is crystal clear from the foregoing that the strict rules surrounding betting activities is because this type of behavior has the potential to undermine the public's confidence in the integrity of the sport. Though clubs and even leagues are sponsored by some of these betting companies, it does not in any way open the flood gate for participants of The Football Association to partake, advertise or promote in betting activities [9] based on the role they play and information they possess of which will undoubtedly give them an edge over others.

Though we don't have enough facts about the allegations against Toney, I believe that if this had to do with match fixing, that is, betting on himself to miss a penalty or other related breaches, I would fully support the duration of the suspension because 232 breaches are a whole lot for a single person.

[1] https://amp.cnn.com/cnn/2023/05/17/football/ivan-toney-suspended-betting-spt-intl/index.html

[2] https://en.m.wikipedia.org/wiki/Ivan_Toney

[3] A Participant by virtue of Rule A2 means an Affiliated Association, Competition, Club, Club Official (which for the avoidance of doubt shall include a Director), Intermediary, Player, Official, Manager, Match Official, Match Official observer, Match Official coach, Match Official mentor, Management Committee Member, member or employee of a Club and all persons who are from time to time participating in any activity sanctioned either directly or indirectly by The Association

[4] Rule A41.1 of the Disciplinary Regulations

[5] Rule A41.2 of the Disciplinary Regulations

[6] Rule A41.3 of the Disciplinary Regulations

[7] https://www.skysports.com/football/news/11748/12883059/ivan-toney-brentford-striker-banned-for-eight-months-for-breaching-betting-rules

[8] Rule C1.3 of the Disciplinary Regulations provides that an appeal can be made against a penalty, award, order or sanction that was so unduly lenient as to be unreasonable

[9] FA Rule E8.5