SPORTS COMPLIANCE

The past 10 years in football were marked by significant corruption scandals, many of them on an international scale, which severely tarnished integrity in sports. In all procedures, a common denominator was observed: failures in the Compliance Management System that prevented the timely detection of fraud and the commission of crimes to mitigate damage early on.

All these scandals ended up severely damaging the integrity in sports, which encompasses the values of honesty, transparency, and fairness in sports competition.

Protecting integrity in sports is important not only to maintain ethics and the sporting spirit but also to preserve the public's trust in competitions and sports organizations.

The impact as an individualized legal good was used for the first time in the indictment of the #BarcaGate, which deserves protection and promotion to ensure equity, honesty, and credibility in all sports activities.

What are the criminal offenses that affect sports integrity?

1. Match-fixing: Acts intended to illicitly alter the outcome or course of a sports competition for benefits, such as betting.

2. Doping: Use of prohibited substances or methods not allowed to enhance sports performance, violating the rules of fair competition.

3. Corruption: Involves acts such as bribes to officials, players, or coaches to influence sports results or administrative decisions.

4. Violence in sport: Acts of physical or verbal violence, both on and off the field, that compromise the safety and well-being of participants and spectators.

5. Harassment and abuse: Includes sexual harassment, physical and psychological abuse within the sports environment, affecting the dignity and integrity of individuals.

6. Financial fraud: Embezzlement of funds, fraud in the transfer of players, and other acts of.

Some of the football scandals that harmed the individuals directly involved, but also undermined public trust in the sport as an activity based on fairness and fair competition.

#OSASUNA refers to a scandal of financial and sports corruption associated with Club Atlético Osasuna, a Spanish football team. According to accounting audits and other evidence, a total of 900,000 euros were improperly extracted from the club's accounts, as well as its cash, in the first instance. To cover up this extraction, a leader, with the agreement of others, contacted two people to sign a false receipt for that amount, simulating a payment for a non-existent service, with the promise of assigning them a project for new stadium lighting. For this action, these individuals additionally received 30,000 euros in cash.

In the second season, a similar situation occurred, but with a sum of 1,440,000 euros. This amount was concealed through the payment of receipts to a Portuguese company that had previously worked for the club, but which in reality did not correspond to any service provided.

The same happens with a loan requested from a fan, for 600,000 euros, which ends up being repaid by the football club Osasuna, without having proven the destination of such investment in any of the lawful objectives and purposes of the Club. Likewise, sports corruption was discussed, an aspect that is related to the situation the football team is going through in the league table, so that it is in serious risk of being relegated, in the 2013/2014 season. Therefore, the president, two directors, and the manager, agree with two footballers from Real Betis, who have influence in the locker room, to pay them 650,000 euros to win against Valladolid (who was fighting for survival in the category like Osasuna), and lose against the Navarrese club, which would result in Valladolid not adding points and Osasuna getting those three coveted points, but even then it does not manage to stay in the category.

#FIFAGATE This investigation began in 2015 when senior FIFA officials were arrested on charges of corruption, including bribes for the allocation of broadcasting and marketing rights for football tournaments. As a result, there were resignations, suspensions, and prosecutions of several prominent officials, including then FIFA President Joseph Blatter.

FIFA Gate had a significant impact on the reputation and governance of global football, leading FIFA to implement reforms in an attempt to address corruption in the sport, as the main cause had ramifications in multiple countries and national football federations around the world.

#BARCAGATE: is a scandal involving Fútbol Club Barcelona, uncovered in February 2020. It centers on accusations that the club hired a public relations firm, I3 Ventures, to improve the image of the club's board on social media. Furthermore, it is alleged that this company created accounts on various social media platforms to criticize current and former players of the team who were seen as opponents of the board, as well as figures opposing the management of then-president, Josep Maria Bartomeu.

The controversy led to internal and external investigations, and eventually to the resignation of Bartomeu and his board of directors in October 2020.

The case has raised questions about ethics in sports management and has damaged the club's reputation. Although the case is still developing, it has highlighted the importance of integrity and transparency in the administration of sports clubs.

#NEGREIRA refers to an ongoing investigation into Fútbol Club Barcelona for alleged irregular payments to José María Enríquez Negreira, former vice president of the Technical Committee of Referees (CTA) of Spain. The investigation, which came to light in 2023, focuses on payments made by the club to companies linked to Negreira between the years 2001 and 2018. The investigation arose from irregularities in VAT and income tax for the fiscal years 2015, 2016, 2017, and 2018 of FCB.

The investigation was initiated by the Prosecutor's Office in May 2022 after receiving a notice from the Tax Agency about payments from FC Barcelona to Negreira that allegedly did not correspond to any real work. Negreira would have received a total of 7 million euros between 2001 and 2018 without an increase in his assets, where the former referee and collaborators would have withdrawn large sums of cash, 28.12% of the total 7.3 million euros. Negreira claimed to the Tax Agency that the club paid him to ensure "neutral" refereeing, which would not harm them on the field.

A theory outlined by the Tax Agency in its report was that the money from the payments would be distributed among Negreira, Josep Contreras (owner of the company Tresep through which some payments were made), and possibly individuals linked to FCB through undeclared salary bonuses.

The controversy lies in the potential conflict of interest and the possible influence on refereeing decisions, given Negreira's role in the CTA. Barcelona has defended the payments as part of a refereeing advisory service to better understand the rules of the game and improve team performance. Spanish tax and judicial authorities are investigating the case for possible crimes of corruption among private individuals and disloyal administration. This scandal has caused a stir in Spanish football, questioning the integrity of the competition and impartiality in refereeing. The investigation is ongoing, and the case has sparked a broad debate on ethics and transparency in sports.

#SANDROROSSELL refers to the legal process involving the former president of FC Barcelona, Sandro Rosell. In May 2017, Rosell was arrested and charged with several crimes, including money laundering and criminal organization, in connection with television rights and sponsorship contracts for the Brazilian national football team. Rosell spent almost two years in pre-trial detention before being acquitted of all charges in June 2019. The court found that there was not enough evidence to convict him. Rosell's acquittal was considered a significant turn in the case, although the legal process left a significant mark on his reputation and public perception of his management as president of Barcelona and his subsequent business activities.

#NEYMAR I case refers to the investigation and judicial process related to the transfer of Brazilian footballer Neymar da Silva Santos Júnior from Santos FC to Fútbol Club Barcelona in 2013. The controversy arose due to discrepancies in the official transfer figures announced by Barcelona, which were initially reported to be around 57.1 million euros, but subsequent investigations suggested that the actual figure could exceed 80 million euros. The Spanish judiciary opened an investigation for alleged crimes of corruption among private individuals and fraud by simulation of contracts. The prosecution argued that the transfer contract included hidden payments that harmed the interests of Santos FC, the partners of Barcelona, and the Public Treasury. In 2016, Barcelona agreed to pay a fine of 5.5 million euros to settle the tax fraud accusations related to the signing.

Additionally, the case led to the resignation of the then-president of Barcelona, Sandro Rosell. Although the Neymar I case was primarily focused on the fiscal and administrative irregularities of the transfer, it paved the way for other investigations and litigations related to Neymar and Barcelona, known as #NEYMAR II, related to the player's contract.

#RUBIALES refers to a series of events and controversies that surrounded Luis Rubiales' management as president of the Royal Spanish Football Federation (RFEF). During his tenure, Rubiales faced criticism and conflicts with various actors in Spanish football, including clubs, players, and other federations.

Some of the highlights of the "Rubiales Case" include:

1. Internal conflicts: Rubiales faced internal challenges in the RFEF, including disputes with board members and accusations of mismanagement and lack of transparency in the federation.

2. Changes in the Spanish Super Cup: During his presidency, Rubiales implemented significant changes in the format and organization of the Spanish Super Cup, moving the tournament to a four-team final format and holding it outside of Spain.

3. Disputes with LaLiga: Rubiales had confrontations with LaLiga, the organization responsible for managing professional football leagues in Spain, on various issues, such as match scheduling and revenue distribution.

4. Refereeing issues: During his tenure, Rubiales also faced criticism related to the management of refereeing in Spanish football, including complaints about the quality of referees and controversial decisions.

The "Rubiales Case" has currently evolved into the #CASORFEF, which generated debates and tensions in Spanish football. Liga president Javier Tebas made a publication that clearly suggested Luis Rubiales' involvement in match-fixing during his time as a player, emphasizing that he "cannot give lessons on any control until he explains the integrity of some matches when he was a player." Everything would have started from a tweet, published by Javier Matallanas, in which he pointed out that "the RFEF of Luis Rubiales dismissed Negreira on the first day of his mandate and introduced filters that did not exist to date."

The Spanish Football Federation (RFEF) has faced accusations and controversies related to corruption in the past, although there is no specific case that has been as prominent as other scandals in the world of football.

The accusations have revolved around issues such as embezzlement of funds, favoritism in the allocation of contracts, and possible cases of match-fixing. It is important to note that corruption allegations can be subject to dispute and that the RFEF has denied any irregularities on several occasions. As in any legal situation, investigations and trials will determine if there is sufficient evidence to support these accusations.

CONCLUSION: In all the cases listed, we can see a common denominator: despite all institutions having integrity programs, we see that in practice, they are PAPER COMPLIANCE programs.

What does this mean? "Paper compliance" refers to a superficial approach to regulatory compliance, where an organization creates documentation and policies to appear to comply with regulations, but in practice, effective measures are not implemented to ensure actual compliance. Therefore, the appropriate policies to strengthen the level of compliance and ensure integrity in Sport that entities can adopt are:

1. Code of conduct: Clearly define the values, ethical principles, and expected behavior standards of all employees.

2. Training and education: Provide regular training on compliance and ethics to all organizational levels, ensuring employees understand their responsibilities.

3. Risk management: Identify, assess, and proactively manage compliance risks, including financial, legal, and reputational risks.

4. Internal controls: Implement robust internal controls to prevent, detect, and respond to violations of compliance policies.

5. Audits and monitoring: Conduct periodic audits and continuous monitoring to ensure adherence to compliance policies and procedures.

6. Whistleblower channels: (mandatory) Establish a confidential internal reporting system so employees and stakeholders can report suspicions of non-compliance without fear of retaliation.

7. Response to violations: Develop a clear process to investigate and respond to compliance policy violations, including appropriate sanctions.

8. Review and continuous improvement: Regularly review and update compliance policies and procedures to reflect changes in legislation, best practices, and lessons learned.

9. Commitment from senior management: Ensure that senior management demonstrates a visible and active commitment to compliance, setting a tone from the top.

10. Cooperation with authority: Maintain a transparent and cooperative relationship with regulators and other relevant authorities. Implementing these policies helps to create a culture of integrity and transparency, minimizes legal risks, and improves.