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Panama Papers Reveal Links with Senior Ranks of Sport çêäÇ ëéçê ~ïêÉéçêí THE MONTHLY JOURNAL FOR SPORTS REGULATION VOLUME 14 ISSUE 04 APRIL 2016 WWW.E-COMLAW.COM Inquiry into UKAD’s doping Panama Papers reveal links investigation with senior ranks of sport The UK government launched On 3 April the biggest data leak UEFA, including Eugenio confirmation of wrongdoing, an inquiry on 3 April into in history came to the fore Figueredo, former President of “there is a distinction between UKAD’s handling of an investi - when the initial results of an CONMEBOL, and include a Messi type issues - using gation into alleged doping investigation into 11.5 million contract co-signed by the offshore jurisdictions to shield activities by British doctor, confidential documents, current President of FIFA, wealth - and using such juris - Mark Bonar, regarding dubbed the ‘Panama Papers’ Gianni Infantino, during his dictions to cover corruption.” sustained doping involving UK were made public. The records tenure as Director of Legal In particular, with regard to athletes and football players, obtained by German newspa - Services at UEFA for the sale of the transaction involving UEFA following a report by The per Süddeutsche Zeitung from UEFA Champion’s League and Infantino, Hornsby adds Sunday Times . UKAD in a state - an anonymous source and broadcasting rights to an that“selling at an undervalue is ment explained that their inves - shared by the International Ecuadorian TV channel a classic way of setting up a tigation was thwarted by the Consortium of Investigative through an intermediary fund for bribes. So no surprises lack of jurisdiction on Dr. Journalists (‘ICIJ’), reveal the company currently under inves - that the UEFA contract (the Bonar and the absence of dealings of Panama based law tigation by US authorities. Also existence of which was previ - evidence to refer the case to the firm, Mossack Fonseca, and the mentioned in the documents is ously denied) is regarded as the corresponding medical board. myriad ways in which it helped Lionel Messi, who is due in missing piece of the jigsaw by Dr. Gregory Ioannidis, a individuals and companies court on 31 May on tax fraud Swiss authorities,” which raided Senior Lecturer at Sheffield organise and manage offshore charges, who allegedly incorpo - UEFA headquarters on 6 April. Hallam University, stresses that tax regimes and shell compa - rated an offshore company to The revelations raise questions “[t]he authorities have a legal nies. Only part of the informa - manage his image rights. about whether sports governing and moral duty to ensure that tion has been processed, but For Stephen Hornsby, Partner bodies should be able to sell they investigate all allegations. initial reports have identified at Goodman Derrick LLP, it was commercial rights without They may not have jurisdiction politicians, former and current not a shock to find sports supervision. Hornsby suggests to investigate independent world leaders and public personalities mentioned in the that“for each tournament there doctors and other third parties, officials with the firm. Panama Papers. Hornsby should be a tender for agencies but they can cooperate and Sport was not an exception explains, however, that the sole and the organiser should have seek the assistance of WADA, and the Panama Papers reveal reference and link to Mossack an independent person on the the General Medical Council links to members of FIFA and Fonseca is not an automatic selection panel.” and other government depart - ments and national law enforce - ment agencies.” Dr. Ioannidis WADA’s Meldonium excretion suggests that the problem arises mainly as a result of how Notice opens possible defence doping is monitored and regulated: “in the long run, it is The World Anti-Doping substance may remain ‘stored’ cases,” and adds that “the clari - my view that self-regulation Agency (‘WADA’) issued on 13 in the body and it is quite diffi - fication published by WADA cannot deal adequately with April a Notice to stakeholders cult to estimate how the now gives anti-doping organi - such matters. External regula - on Meldonium which aims to substance is excreted and for sations information allowing tion, in the form of criminali - provide clarification on the how long it can be detected them to apply the right sation is the answer.” excretion time of Meldonium, a without proper studies. sanctions to each case.” substance included in the Nevertheless, it appears now WADA’s Notice provides hope Discrimination US banned substances list from 1 quite certain that a relatively to athletes who tested positive E women’s soccer 03 January and which has been low concentration of the for a low urinary concentration U eSports Structure and reported in 172 positive anti- substance may be found in the of Meldonium who may now S S league ownership 05 doping tests since the ban. urine for at least two months.” benefit from a decision recog - I Case Law Overdue Claude Ramoni, of Libra Law, Ramoni notes there “was nising ‘No Fault or Negligence’, S I payables review 08 explains: “as far as I am aware, clearly a need for clarification but adds pressure on those with H Wearables Wearable the pharmacokinetic of for the whole anti-doping a higher concentration who T data use in sport 12 Meldonium is particular as this community, in particular for may find it more difficult to N Q&A The Amnesty substance follows nonlinear NADO’s or IFs who have to prove they stopped taking the I International report 16 pharmacokinetics. The issue decisions on Meldonium substance before the ban. çêäÇëéçê ~ïêÉéçêí THE MONTHLY JOURNAL FOR SPORTS REGULATION VOLUME 14 ISSUE 04 APRIL 2016 WWW.E-COMLAW.COM CECILE PARK PUBLISHING Editor Sophie Cameron editorial board [email protected] Associate Editor Percy Wilman MICHELE BERNASCONI [email protected] Law at the ISDE program at Columbia [email protected] Baer & Karrer AG University and St. Johns University. Subscriptions Alastair Turnbull Michele A.R. Bernasconi is a partner at PAUL J. GREENE [email protected] [email protected] Baer & Karrer AG. He advises sport Global Sports Advocates LLC, Portland telephone +44 (0)20 7012 1387 associations and federations with regard Paul J. Greene, the founder of Global MIKE MORGAN Design MadeInEarnest to litigation, transfers, and other matters. Sports Advocates LLC, is recognised by Morgan Sports Law LLP www.madeinearnest.com He has experience with broadcasting, Chambers USA and Super Lawyers as a Mike Morgan founded Morgan Sports media, sponsoring, match-fixing and leading US sports lawyer. Paul has Law LLP after spending over eight years World Sports Law Report is published by advises clubs and athletes in connection handled sports law matters around the working within the Sports Law Group at Cecile Park Publishing Limited, with transfer agreements, doping and world, including numerous hearings an international law firm. He advises on 17 The Timber Yard, Drysdale Street, image rights. Michele is a member of the before the Court of Arbitration for Sport. regulatory and disciplinary issues, with London N1 6ND CAS and is Academic Co-director of the [email protected] particular experience advising on doping, Telephone +44 (0)20 7012 1380 Master on International Sports at the corruption and selection disputes. www.e-comlaw.com University of Zurich and of the UEFA OWE HJELMQVIST [email protected] © Cecile Park Publishing Limited. Football Law Program. Setterwalls, Sweden [email protected] Owe is a partner and head of Setterwalls WARREN PHELOPS All rights reserved. Publication in whole or in Law Firms Sports, Media and K&L Gates part in any medium, electronic or otherwise, MICHAEL BRADER Entertainment Law Department. He has Warren is Head of the Global Sports without written permission is strictly prohibited. Wiggin LLP acted as counsel for the media and Practice. He specialises in business ISSN 1742-0040 Michael is head of the of the sports entertainment industry in Sweden issues relating to sport: in particular group at Wiggin LLP. He advises sports including organisers of events, TV rights ownership and exploitation; CECILE PARK PUBLICATIONS clients, including rights holders and channels and newspaper magazines. He corporate structuring and strategy; joint Cyber Security Law & Practice sports rights management and has also acted as counsel for the ventures; commercial; betting and Monthly: launched April 2015 investment companies, specifically about Swedish Football Association. gaming and media. He is co-author of Cyber Security Law & Practice provides a broadcast and new media rights. He [email protected] Butterworths: Sports Law & Practice, multi-disciplinary view on cyber security regularly advises on joint ventures and and is also a Director of the European challenges and real-world insight into how strategic partnerships between sports- GREGORY IOANNIDIS Sponsorship Association. businesses at the forefront of cyber security based interests. Michael was a Partner at Sheffield Hallam University and Kings [email protected] are operationalising change. Olswang from 1995 and before that Chambers PRICE £510 (£530 overseas / £345 Govt). practised as a solicitor in Hong Kong. Gregory is a sports lawyer recognised for ANTONIO RIGOZZI [email protected] his expertise in anti-doping litigation and Lévy Kaufmann-Kohler, Switzerland E-Commerce Law & Policy other sports regulatory matters. One of Antonio is a founding partner and heads Monthly: launched February 1999 PROFESSOR LORNE CRERAR his most notable cases was the Greek the sports law and arbitration practice at E-Commerce Law & Policy is a unique source Harper Macleod Sprinters case, where he acted as Lévy Kaufmann-Kohler. As an advisor to of analysis and commentary on global Professor Crerar LLB (Hons) NP is a Counsel for Mr Kenteris and Ms Thanou international federations, clubs, teams, developments in e-business legislation. founding partner of Harper Macleod and before the CAS and negotiated a multi- athletes and others, he specialises in PRICE: £525 (£545 overseas).
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