As Accepted by Sport Management Review 1 How Can FIFA Be Held
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Decision Adjudicatory Chamber FIFA Ethics Committee
Decision of the adjudicatory chamber of the FIFA Ethics Committee Mr Vassilios Skouris [GRE], Chairman Ms Margarita Echeverria [CRC], Member Mr Melchior Wathelet [BEL], Member taken on 26 July 2019 in the case of: Mr Ricardo Teixeira [BRA] Adj. ref. no. 14/2019 (Ethics 150972) I. Inferred from the file 1. Mr Ricardo Teixeira (hereinafter “Mr Teixeira” or “the official”), Brazilian national, has been a high-ranking football official since 1989, most notably the president of the Confederação Brasileira de Futebol (CBF) from 1989 until 2012. He was a mem- ber of the FIFA Executive Committee from 1994 until 2012 and a member of the CONMEBOL Executive Committee. Additionally, he was a member of several stand- ing committees of FIFA, such as the Organising Committee for the FIFA Confedera- tions CupTM, Organising Committee for the FIFA World CupTM, Referees Committee, Marketing and TV Committee, Futsal and Beach Soccer Committee, Ethics Commit- tee and Committee for Club Football. 2. On 27 May 2015, the United States Department of Justice (hereinafter “DOJ”) is- sued a press release relating to the Indictment of the United States District Court, Eastern District of New York also dated 27 May 2015 (hereinafter “the Indictment”). In the Indictment, the DOJ charged several international football executives with “racketeering, wire fraud and money laundering conspiracies, among other of- fenses, in connection with their participation in a twenty-four-year scheme to enrich themselves through the corruption of international soccer”. The Indictment was fol- lowed by arrests of various persons accused therein, executed by state authorities in Europe, South America and the United States of America. -
Dr. Cornel Borbély Deputy Chairman Investigatory Chamber FIFA Ethics Committee
REPORT ON ISSUES RELATED TO THE U.S. BID TEAM Dr. Cornel Borbély Deputy Chairman Investigatory Chamber FIFA Ethics Committee CONTENTS 1 REPORT ON ISSUES RELATED TO THE US BID TEAM .............................................. 1 2 Decision from the US Bid to run .......................................................................................... 1 A. Structure of the Bid – persons involved ...................................................................... 1 B. Link with United States Soccer Federation ................................................................. 3 C. Reasons to Bid ............................................................................................................... 4 D. Budget of the Bid .......................................................................................................... 6 E. Government Support of the US Bid ............................................................................. 7 F. Support of the US Bid through private persons/entities ............................................ 8 3. Evaluation of the US Bid ...................................................................................................... 8 4. Investigations .......................................................................................................................... 9 A. Steps undertaken by the Investigatory Chamber of the FIFA Ethics Committee ............................................................................................................. 9 B. Documents and Information -
To the Member Associations of Fifa
TO THE MEMBER ASSOCIATIONS OF FIFA Circular no. 1616 Zurich, 26 January 2018 SG/nro Guidance on the Bid Rules of Conduct for the process to select the host(s) of the 2026 FIFA World Cup™ Dear Sir or Madam, We refer to the ongoing process in relation to the selection of the host or hosts of the final competition of the 2026 FIFA World Cup™ (the “Competition”). At the 67th FIFA Congress in Manama, all member associations agreed that it was of paramount importance for FIFA and the world of football to conduct the bidding procedure in relation to the Competition in an ethical, transparent, objective and unbiased way. As stated by the FIFA President on many occasions, FIFA and its representatives are aware of their responsibilities in this regard and are therefore fully committed to securing the highest standards of ethical behaviour in relation to the ongoing bidding procedure. However, to achieve this important objective, FIFA fully depends on the close collaboration of all football stakeholders involved in the bidding procedure, namely all persons who are directly or indirectly involved in the administration of the bidding procedure, the evaluation of the bids and/or the selection decisions, including all member associations. Therefore, FIFA trusts in your full cooperation in ensuring the integrity and fairness of the bidding procedure. The procedure for the selection of the host or hosts of the Competition has been materially revised as part of FIFA’s reform process. Most prominently, with the adoption of the new art. 69 par. 2 of the FIFA Statutes, the statutory competence in relation to the decision-making process has been split between the FIFA Council (responsible for the shortlisting of bids) and the FIFA Congress (responsible for the final selection decision). -
Statement from Michael Garcia, Chairman of the Investigatory Chamber of the FIFA Ethics Committee
Statement from Michael Garcia, Chairman of the Investigatory Chamber of the FIFA Ethics Committee December 17, 2014 For the first two years after my July 2012 appointment as independent Chairman of the FIFA Ethics Committee’s Investigatory Chamber, I felt that the Ethics Committee was making real progress in advancing ethics enforcement at FIFA. In recent months, that changed. On September 5, 2014, I and Cornel Borbely, the Deputy Chair of the Investigatory Chamber, sent a “Report on the Inquiry into the 2018/2022 FIFA World Cup Bidding Process” (the “Report”) to the FIFA Ethics Committee’s Adjudicatory Chamber. The Report identified serious and wide-ranging issues with the bidding and selection process. (Mr. Borbely also filed separate reports from his inquiries into the activities of the bid teams from Russia and the United States.) Soon after, the Chairman of the Adjudicatory Chamber, Hans-Joachim Eckert, indicated publicly that only limited information from the Report would be made public. Concerned that insufficient transparency would not serve FIFA’s interests, I issued a public statement calling on the FIFA Executive Committee to authorize the appropriate publication of the Report. The Executive Committee took no action on this subject during its September 2014 meetings — other than to refer me to the FIFA Disciplinary Committee for allegedly violating the Code of Ethics through my public comments, namely, my public request that the Executive Committee authorize appropriate publication of the Report and the on-the-record statement Mr. Borbely and I released concerning watches given to certain football officials. The Chairman of the Disciplinary Committee, Claudio Sulser, ultimately rejected the Executive Committee’s referral. -
FIFA's Role in Response to Migrant Worker Abuses in Qatar's 2022 World Cup
Volume 22 Issue 2 Article 6 7-1-2015 Kicking Away Responsibility: FIFA's Role in Response to Migrant Worker Abuses in Qatar's 2022 World Cup Azadeh Erfani Follow this and additional works at: https://digitalcommons.law.villanova.edu/mslj Part of the Entertainment, Arts, and Sports Law Commons, International Law Commons, and the Labor and Employment Law Commons Recommended Citation Azadeh Erfani, Kicking Away Responsibility: FIFA's Role in Response to Migrant Worker Abuses in Qatar's 2022 World Cup, 22 Jeffrey S. Moorad Sports L.J. 623 (2015). Available at: https://digitalcommons.law.villanova.edu/mslj/vol22/iss2/6 This Comment is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Jeffrey S. Moorad Sports Law Journal by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. 36774-vls_22-2 Sheet No. 144 Side A 07/27/2015 11:45:39 \\jciprod01\productn\V\VLS\22-2\VLS206.txt unknown Seq: 1 8-JUL-15 8:41 Erfani: Kicking Away Responsibility: FIFA's Role in Response to Migrant W KICKING AWAY RESPONSIBILITY: FIFA’S ROLE IN RESPONSE TO MIGRANT WORKER ABUSES IN QATAR’S 2022 WORLD CUP “We know the image that will be shown of Qatar when organising the World Cup. When you live there, you see how inhumanly the workers are treated. This is killing thousands of workers. That’s why I protest against the 2022 World Cup in Qatar . ‘How can we play in a stadium that is build [sic] with blood . -
Enough Is Enough: Fifa Must Incorporate Principles from the Administrative Procedure Act of 1946 to Combat Ongoing Executive Committee Corruption
ENOUGH IS ENOUGH: FIFA MUST INCORPORATE PRINCIPLES FROM THE ADMINISTRATIVE PROCEDURE ACT OF 1946 TO COMBAT ONGOING EXECUTIVE COMMITTEE CORRUPTION Ali Eghbal* TABLE OF CONTENTS 1. INTRODUCTION......................... .... ............ 386 II. THE WORLD Cup's LOCATION MATTERS TO MANY PEOPLE ..................................... ............ 389 A. The FIFA Executive Committee Selects the Host Nation ..................................... 390 B. After FIFA Gave Qatar the 2022 Hosting Privilege, a Major Fallout Occurred ........................ 391 III. THE CURRENT FIFA STATUTES, FIFA DISCIPLINARY CODE, AND FIFA CODE OF ETHICS Do NOT HOLD EXECUTIVE COMMITTEE MEMBERS RESPONSIBLE FOR THEIR CORRUPT PRACTICES ............................ 394 A. A Lack of Transparency Leads to Selective Investigations, and Investigatory Findings are Undisclosed to the Public....................... 397 IV. DESPITE CONTEXTUAL DIFFERENCES, IMPLEMENTING THE POLICY BEHIND THE ADMINISTRATIVE PROCEDURE ACT OF 1946 WILL HELP TO CULL THE CURRENT CORRUPTION ISSUES IN FIFA............. ......... 400 A. Both in Theory and in Practice, the APA is the Perfect Guideline for FIFA to Follow when Overhauling its Adjudicatory Procedures............ 402 * J.D., May 2015, Southwestern Law School. 385 386 SOUTHWESTERN JOURNAL OF INTERNATIONAL LAW [Vol. 22 B. Applying the APA to the FIFA Context Elucidates its Beneficial Implementation .. .................. 403 C. Why Would FIFA End the "Gravy Train"? ......... 406 V. CONcLusioN ............................................ 408 I. INTRODUCTION -
4501 Joseph S
Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2016/A/4501 Joseph S. Blatter v. Fédération Internationale de Football Association (FIFA), award of 5 December 2016 Panel: Mr Manfred Nan (The Netherlands), President; Mr Patrick Lafranchi (Switzerland); Mr Andrew de Lotbinière McDougall (France) Football Disciplinary sanctions for infringements to the Code of Ethics Principle “tempus regit actum” and prohibition against retroactivity Admissibility of a witness statement of a witness not appearing at the hearing Potential conclusive and preclusive effects of a previous award rendered in a closely connected case Burden of proof Standard of proof of “personal conviction” Prohibition of bribery Conflict of interests Limited discretion to review sanctions imposed by disciplinary bodies of federations 1. Pursuant to the legal principle of tempus regit actum or non-retroactivity, procedural matters are governed by the regulations in force at the time of the procedural act in question. The prohibition against retroactivity is a fundamental principle of Swiss law and forms part of international public policy (ordre public). An exception in this respect may however be if more recent regulations than the one in force at the time of the violation are more favourable to the accused (lex mitior). 2. According to article 4(7) of the IBA Rules on the Taking of Evidence in International Arbitration, “[i]f a witness whose appearance has been requested pursuant to Article 8.1 fails without a valid reason to appear for testimony at an Evidentiary Hearing, the Arbitral Tribunal shall disregard any Witness Statement related to that Evidentiary Hearing by that witness unless, in exceptional circumstances, the Arbitral Tribunal decides otherwise”. -
The Winter's Tale of Corruption: the 2022 FIFA World Cup in Qatar, the Impending Shift To
Northwestern Journal of International Law & Business Volume 35 Issue 1 Fall Fall 2014 The inW ter’s Tale of Corruption: The 2022 FIFA World Cup in Qatar, the Impending Shift ot Winter, and Potential Legal Actions against FIFA Kate Youd Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njilb Recommended Citation Kate Youd, The Winter’s Tale of Corruption: The 2022 FIFA World Cup in Qatar, the Impending Shift ot Winter, and Potential Legal Actions against FIFA, 35 Nw. J. Int'l L. & Bus. 167 (2014). http://scholarlycommons.law.northwestern.edu/njilb/vol35/iss1/5 This Comment is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Law & Business by an authorized administrator of Northwestern University School of Law Scholarly Commons. CLUNE (DO NOT DELETE) 3/12/15 7:50 AM Copyright 2014 by Northwestern University School of Law Printed in U.S.A. Northwestern Journal of International Law & Business Vol. 35, No. 1 The Winter’s Tale of Corruption: The 2022 FIFA World Cup in Qatar, the Impending Shift to Winter, and Potential Legal Actions against FIFA By Kate Youd* Abstract: Hosting rights for the 2022 FIFA World Cup soccer tournament have been awarded to Qatar through a process that many alleged was corrupt. The climate in Qatar during the summer, when the tournament is traditionally held, is extremely hot, leading many in FIFA to consider potentially moving the tournament to the winter months. This move would have a major financial impact on professional soccer leagues in Europe and throughout the world, as well as on broadcasters and business partners. -
FIFA Corruption Issue Has Been Covered from Media All Over the World, and This Issue May Harm FIFA’S Reputation, Especially Among Partners and Stakeholders
Public Relations Journal Vol. 11 Issue 2 (October 2017) © 2017 Institute for Public Relations Managing the Reputation of the Federation Internationale de Football Association (FIFA): The case of the corruption crisis Labiba Abdel Naby. Ibrahim Lecturer, Mass Communication Department, Faculty of Arts, Helwan University (HU), Egypt Abstract Reputation management is essential to associations, particularly after a crisis. As an example, a corruption crisis happened after Swiss authorities arrested some Fédération Internationale de Football Association (FIFA) officials and issued criminal charges regarding bids for the 2018 and 2022 World Cup. There is considerable scrutiny of how profit and nonprofit corporations manage their reputations after crises, with less attention focused on international associations. This case study examines how FIFA used the media and communication strategies to protect its reputation after the corruption scandal of May 2015. We analyze FIFA news releases, examine press conferences, and investigate its website, including how this crisis affected relationships with stakeholders (largely sponsors and partners).It is understood that reputation management and open communication channels help rebuild trust. This study shows that FIFA depended on a “Deny strategy” to avoid responsibility, as there was no benefit in using the mass media. They organized a press conference to make a few statements via their official website, with little media use. Keywords: FIFA's reputation, reputation management, crisis communication, FIFA, crisis management. Introduction Sport is a multi-billion-dollar, worldwide industry. Most countries compete against each other for the right to hold sporting events including the Olympic Games, FIFA World Cup, America's Cup and other such events principally for financial development purposes (Ben Sulaymen et al., 2013, p 20). -
The FIFA Ethics Committee As an Institution for Good
The FIFA Ethics Committee as an institution for good governance The right of publicity: recent developments in collegiate athletics in the USA South Africa: Draft Guide on the Taxation of Professional Sports Clubs and Players issued. A very promising starting point in the path of restoring clarity! Third party ownership of football players’ economic rights: introduction of the global ban against third party ownership as from 1 May 2015 Extending the duty of care beyond the immediate: the pressure is on! UK sports broadcasting rights: protecting and exploiting them New practice of the canton of Vaud on the taxation at source of artists, athletes and speakers performing in Switzerland Sports sponsorship agreements in Switzerland United Kingdom: Commentary and observations on “The Major Sporting Events (Income Tax Exemption) Regulations 2016” Challenging times for football’s transfer system India: ADR and sport , 3Sept 16 Colofon Table of Contents Managing Editor Vol. 7 No. 3 - September 2016 Dr Rijkele Betten Consulting Editor Editorial .................................................................................... 4 Prof. Dr Ian S. Blackshaw Coordinator Articles Erica Pasalbessy (MSc) Nolot P.O. Box 206 The FIFA Ethics Committee as an institution for good 5270 AE Sint-Michielsgestel governance The Netherlands by Dr. Thilo Pachmann & Oliver Schreier ............................... 8 Tel.: +31 (0)625279308 Fax: +31 (0)735530004 The right of publicity: recent developments in collegiate E-mail: [email protected] athletics in the USA by Prof. Paul Anderson ........................................................... 13 For further information on the activities of Nolot see: www.nolot.nl. South Africa: Draft Guide on the Taxation of Professional Sports Clubs and Players issued. A very promising starting ISSN nr.: 2211-0985 point in the path of restoring clarity! by Dr. -
Written Evidence Submitted by FIFA Letter from Fatma Samoura
Written evidence submitted by FIFA Letter from Fatma Samoura, Secretary General, FIFA, to the Chair of the Committee, 23 August 2017 We acknowledge receipt of and thank you for your correspondence dated 17 August 2017 addressed to the FIFA President, which received our full attention. As a preliminary remark, we would like to point out that this matter was referred to the General Secretariat of FIFA, as this does not pertain to the duties of the FIFA President. Furthermore, we take note that, as part of the House of Commons Select Committee for Digital, Culture, Media and Sport ongoing inquiry into sports governance, the committee you chair intends to call Dr Cornel Borbély, former Chairman of the investigatory chamber of the FIFA Ethics Committee, as a witness. In this regard, we would like to inform you that the FIFA Code of Ethics, as well as the relevant Swiss Law (both civil and potentially also criminal law), prevent Dr Borbély to be called and participate as a witness in front of the aforementioned committee. In particular, Dr Borbély remains bound by his duty of confidentiality also after the end of his term as Chairman of the investigatory chamber of the FIFA Ethics Committee. In view of the fact that both respecting the legal framework as well as protecting the confidentiality of ethics investigations are key principles FIFA adheres to, we are sure you understand our answer and thank you for your kind attention to the above. Fatma Samoura Secretary General FIFA Letter from the Chair of the Committee to Gianni Infantino, President, FIFA, 17 August 2017 Dear Mr Infantino, I am writing with regards to a forthcoming evidence session of the House of Commons Select Committee for Digital, Culture, Media and Sport. -
A FIFA Soap Opera: Scandal, Corruption, Crime
NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW Volume 45 Number 4 Online Edition Article 1 11-1-2019 A FIFA Soap Opera: Scandal, Corruption, Crime . And Reformation? Allison Cottle Follow this and additional works at: https://scholarship.law.unc.edu/ncilj Part of the Law Commons Recommended Citation Allison Cottle, A FIFA Soap Opera: Scandal, Corruption, Crime . And Reformation?, 45 N.C. J. INT'L L. 1 (2020). Available at: https://scholarship.law.unc.edu/ncilj/vol45/iss4/1 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. A FIFA Soap Opera: Scandal, Corruption, Crime . And Reformation? By: Allison Cottle† I. Introduction ...................................................................... 1 II. The Qatar Controversy and FIFA’s Response ............... 4 III. FIFA Organization and Duties ........................................ 6 A. FIFA Governing Bodies ........................................... 6 1. FIFA Congress ...................................................... 7 2. FIFA Executive Committee .................................. 7 3. FIFA Standing Committees .................................. 8 B. FIFA Judicial Governance ........................................ 9 1. FIFA Disciplinary Committee .............................. 9 2. FIFA Ethics Committee .....................................