Investigations
The challenges
The self-regulation of sport has also led to challenges related to sport policing itself.
- As evidenced by several cases of crime and corruption in sport, sport has a proven lack of will and ability to investigate itself and ensure investigations are rigorously pursued.
- Too often, whistleblowers are inadequately protected and face serious repercussions, including but not limited to reputational damage and threats to their personal security.
- Existing law enforcement agencies have limited bandwidth to monitor compliance with international legal standards and to translate the overlap between those standards and national legal systems.
- Investigations across the variety of sports entities, law enforcement agencies, and other actors are not shared, making it difficult to understand the extent and nature of the issues.
Photos: Andreas Rentz/Getty Images, Tony Marshall - EMPICS/Getty Images, Thomas Søndergaard/Play the Game, Tristan Fewings/Getty Images, Stuart Franklin - FIFA/Getty Images, Mark Runnacles/Getty Images, Maja Hitij - FIFA/Getty Images, VCG/Getty Images, Jared C. Tilton/Getty Images, Gallo Images/Getty Images, DeFodi Images/Getty Images.
ClearingSport’s assessment
The current landscape of sports crime, corruption, and integrity breaches persists, at times enabled by the fragmented approach to accountability that exists both within and outside of sport.
Within sport, there are both systemic and individual obstacles to objective investigation processes. Most sports integrity units under international sports federations are not sufficiently independent from their governing bodies, marked by conflicts of interest and lacking the ability to conduct impartial investigations. Cultural and political dynamics also create barriers to accountability. Leading sports officials who attempt to challenge the status quo or confront corrupt practices risk retribution, including the loss of voter support and/or risking their jobs.
Outside of sport, authorities are unable or reluctant to investigate the opaque and complex world of sport. International agencies and networks that investigate, prosecute and share data on crime and misconduct in sport have primarily focused on specific themes rather than being united under a guiding entity with a comprehensive strategy.
Lastly, the legal status of the majority of international sports federations (IFs) as ‘non-profit’ entities in Switzerland, where they are predominantly based, has lent them a certain degree of autonomy and made public authorities reluctant to investigate their affairs.
In January 2018, Larry Nassar, former team doctor of US gymnastics and employee at Michigan State University, was sentenced to 175 years in prison for sexual abuse of athletes. Photo: Scott Olson/Getty Images
The identified solution
Support relevant authorities in investigations to protect athletes and those who interact with sport. To ensure crime and corruption are investigated properly, investigations should:
- facilitate information gathering, exchange and collaboration at different levels and across jurisdictions between law enforcement, prosecutorial networks, betting operators and regulators, data companies, etc.
- investigate corruption and integrity complaints and concerns by providing education and specialist fact-finding services, supplementary to and not precluding coordination with regional and national authorities and sports investigations
- implement a triage process to assess cases for next steps and involvement of relevant stakeholders
- lead capacity building with relevant stakeholders, including law enforcement and judiciary bodies
Towards an entity
To strengthen the protection of athletes and those who interact with sport, an international entity could bolster investigations, intelligence gathering, and other necessary steps by managing a reporting mechanism that offers full protection to whistleblowers and others involved in the investigative process.
At present, no centralised entity is responsible for policing and investigating crime, corruption, and other integrity breaches in sport. An entity would implement investigative mechanisms to
- support public authorities in ensuring sport and their stakeholders are compliant with international legal standards
- create partnerships and open dialogue with national anti-corruption and financial crime units
Mechanisms
Reporting mechanism with whistleblower protection
A new online complaints mechanism, such as an ‘Integrity in sport helpline’ or support of existing helplines, would require the minimum features:
- Whistleblower protection through implementing international standards for whistleblowing management systems (i.e., ISO 37002, EU Directive 2019/1937, OECD 2021 Recommendation)
- Multiple access points
- Conducting pre-investigation on proffered information
- Facilitating contact between the whistleblower and relevant law enforcement authorities with jurisdiction
- Signposting to remedy
Sports integrity commissioner/ombudsperson
A commissioner/ombudsperson would provide a signposting function and provide independent oversight into the handling of sports corruption and integrity issues, ensuring greater transparency and accountability within sport. The individual may issue public reports.
Signposting to networks and avenues for remedy
Remedy is important for athletes, and avenues for effective remedy need to be signposted. However, oftentimes, there are no sufficient remedy mechanisms. To ensure access to justice and remedy, a strategy could include creating a global network of legal experts who may provide relevant free legal aid. It may also include directing to resources for the funding of legal support in proceedings.
Specialist services
Specialist services could alternatively or concurrently be offered, depending on the nature of the investigation and the organisation requiring the service. Services to be considered include background checks and vetting services, independent assessments of compliance, financial investigative methods and techniques, review of annual financial audits, and investigation case file reporting.
