Who are the Potential 'Facilitators' of Questionable Football Agent Activity?

On several occasions in the past, I have written (and spoken) about the fiduciary duty of football agents and also the supposed regulation and governance that surrounds the football agent industry as a whole.

As before, I am not going to defend the activities of some agents as to be quite honest their behaviour and conduct is often immoral, unethical, despicable, if not unlawful and borderline illegal.

Allegations of a football agent ‘paying the parent of an England youth player ￡10,000 to join his agency before the permitted age’

However, putting that to one side, I was prompted to get back to writing such articles by the coverage last week in the media, of the allegations of a registered intermediary (agent) allegedly ‘paying the parent of an England youth player ￡10,000 to join his agency before the permitted age’ and subsequently was reported to be being investigated by the FA (English Football Association)’.

My first response was, ‘is this really news?’, as anyone with any knowledge of the football agency world knows that such ‘incentives’ are facilitated, whether it be financial or material (even down to the agent providing boots) which has been in breach of football regulations for many many years.

Due credit to the journalist(s) in question for bringing such a matter to the fore rather than let it go unreported and also to focus the attention of the FA on such. I just wish more of the media would make a concerted effort on reporting agency related topics rather than it becoming ‘todays chip paper’ so many times or just lazily labouring the point that agents are all akin to ‘blood-sucking leaches’.

But then it got me to thinking, not only about the alleged offence itself:

• That this allegedly involved a minor,
• That any amount paid to a player or any third party (irrelevant of the players age) is an offence under football regs.

and

• How the regulations and potential sanctions in such a case will be predictably largely ineffective.

…………….. but also what the wider implications of such a scenario are and who are the facilitators of such activities.

The Offence and the Possible Implications

Putting to one side the moral and ethical judgements by the participants in such a scenario; as well as breaching football regulations; are there wider implications in this?

Well put quite simply, I believe there are - is such an activity a bribe and thus a criminal offence under The Bribery Act in the UK?

Whilst the Bribery Act has quite rightly ‘fixed its sights’ on far bigger targets and amounts, it does not escape the fact that to offer, facilitate, entertain, accept, give and possibly not report an incidence of a bribe is potentially a criminal offence.

So, using the actions that are seemingly characteristics of facilitating bribery, who are the potential facilitators under such circumstances, and may have potentially undertaken criminal activity?

Who are the Facilitators?

Well obviously, the easy target (for the media and fans) is the agent, and whilst I am not trying to defend the activity of some football agents, we need to understand any specifics of possible facilitation of a bribe.

The failure of effective football governance and agent regulations

As many will know from my past articles, I question the role of the Football Authorities in such instances as well, in that they have failed to introduce sufficient regulations, uphold regulations, impose effective sanctions and potentially not reported such matters of a possible criminal nature to the relevant authorities themselves. I am however trying to avoid my repeated criticism of the football regulations and their application, as I know FIFA (2.0) is currently trying to address this.

Now, in the case of a minor (or young player) it is almost impossible to ‘point a finger of blame’ at the player. As in many cases with footballers (of whatever age) many leave their agents, advisors and clubs to sort out the ‘nitty gritty’ and many just want to do what they are good at and play football.

However, for senior players is that enough; can they plead ignorance? Do they really not know what is going on? Are we na?ve enough to believe that players don’t naively ask for (or accept) incentives to sign with an agent, in a similar way to which they expect a signing on fee (loyalty bonus) from a club?

Does this expectancy from players all stem from the perceived insignificant fact that it is common practice for the agent to provide them with boots? From boots it then becomes something else, whether suggested, offered or requested.

“will you get me boots; all the other lads get boots from their agent(s)”

For me I have experienced examples of the ‘boots’ scenario and it is one of my main ‘bugbears’ from being an agent (probably from my history as a coach).

I generally respond in a similar fashion whenever asked “will you get me boots; all the other lads get boots from their agent(s)”. Well would you expect an electrician to visit your house to do some wiring and then him ask to borrow your tools, or for you to buy him the tools? …. they are a tool of YOUR trade! When you achieve a certain level a player will be showered with boot-deals.

In addition to the players, the influence of family, friends and the inevitable ‘friends’, ‘advisors’ and ‘hangers on’ that encircle players (that form an entourage) will also have a questionable role in facilitating such conduct.

For me the majority of these can be negated to an extent, but the role of family is crucial in the players career, they are the support mechanism that should always be there through all the ups and downs. The clubs, hangers-on and in many cases also agents will come and go, but the family should be the ‘constant’, yet subjective party. But are family guilty in facilitating questionable football activity, and the simple answer is that on many occasions, yes, they are.

 the influence of family, 'friends'

and the inevitable ‘advisors’ and ‘hangers on’

Referring back to the topic of an agent providing a client (player) with boots, I recall the mother of one young player at a top academy with a Premier League Club being introduced to me and the first words she uttered were ‘will you get him boots?’, and quite simply from that point on, I didn’t want to work with that family.

Now under normal circumstances I would try to inform the parent in question that isn’t how we operate, and the negative side of such an approach (i.e., if an agent has to pay out, they will get the money back elsewhere). More likely than not the player will ‘pay’ (indirectly) at some point in the future, somehow.

However, with this family in particular the approach was even more surprising, because not only was the young player in question a very grounded young man, but the father was a former professional player with a great reputation (as a person and player) and also worked for the club’s academy. Yet at no point did he intervene in the conversation or choose to counter this at a later stage.

Now, this isn’t a one-off, not only the request for such comparatively insignificant (yet unlawful) ‘sweeteners’ from agents (such as boots), it happens repeatedly.

What is more concerning is when the demands and expectations get inflated yet further, and this is again something I have experienced. No, not a hanger-on wanting his cut of any commissions, but again the expectations from family members.

Several years ago, I sat down in a meeting with the parents of a young player, who had approached me with a view to representing their son.

they wanted to know how much I would pay them to represent their son!

After quite a lot of discussion where things were progressing nicely, with a lot of agreement and shared objectives, the comment was made by the parents - ‘how much?’ Subsequently, in my possible naivety (not as experienced in the industry, as I am now), I started to explain that there was no initial charge for my services and I would earn a commission from the services that I provided in the future in relation to their son’s success.

However, that wasn’t the end of it – they wanted to know how much I would pay them to represent their son! Needless to say, the meeting came to an end and I explained the implications of such activity and that it was in breach of regulations (but would others do the same)?

So, in summary, it isn’t just the football Agents who facilitate such activity, and in my experience (and the experiences of many others) the answer is a clear and resounding no. It isn’t just the Agents who facilitate nefarious activity and the possibility of bribes and criminal activity in football. The culture needs and has to change, as does the mentality of many.

Link to the Original Article: https://footballagentblog.chironsportsandmedia.com/2021/03/facilitators-football-agent-indiscretions/