The Bolivian Soccer Federation (FBF) decided to cancel the championship of the Professional Division in view of the complaints in which allegedly several matches were fixed within a corruption scandal during this season. The decision was taken after an investigation by the Prosecutor's Office, regarding the commission of aggravated fraud in concurrence with criminal conspiracy by a criminal organization composed of players, managers, and referees of the league dedicated to intervening at will in the different sports results.
In Colombia, although a decision of this magnitude has not been taken, it is a latent phenomenon within the development of competition. Let us recall events such as the match between Llaneros FC and Unión Magdalena, where the players of the Villavicencio team mysteriously resigned to continue playing the match while watching the Santa Marta team turn the score around and ascend to the first category of Colombian soccer, a case for which there is currently an open investigation by the Attorney General's Office or the multiple press conferences in which coaches and managers have insinuated the existence of an extra-sporting factor that influences the performance of the teams and their respective results.
Why is this a concern?
Economic consequences: Well, the truth is that this situation constitutes a threat to Colombian sports and should not be treated as a minor matter, since what is at stake is the main asset of an industry that, according to figures of the Superintendence of Companies, annually generates more than 16 million dollars (USD). A scenario of cancellation of the league season would mean a loss of millions of dollars due to contractual breaches in terms of television rights, sponsorships, and different commercial and labor agreements, as well as a reputational impact from which it would be difficult to recover, since it would alienate investors and spectators, in addition to slowing down the positioning of the local league as a product.
Disciplinary and criminal consequences: Match-fixing not only generates economic and reputational losses for the league and the teams, but also has legal implications before the respective league disciplinary commissions, and administrative and jurisdictional consequences in proceedings before the Ministry of Sports and, as in the case of Bolivia, in the Attorney’s General Office by assuming the commission of crimes such private corruption, unfair administration, fraud or conspiracy to commit crimes. As such, it is a scenario that can lead to investigations and criminal proceedings tending to affect players, referees, and even club leaders and the league itself.
What policies could each part implement to prevent these risks?
Let's study one by one:
The League: Although Section 93 of the Disciplinary Code of the Colombian Football Federation, which adopts the postulates of the FIFA Code of Ethics, contemplates a sanction for fixing results and participation in games and bets, it is necessary that this type of behaviors have an autonomous regulation that: (i) has as its fundamental principle the joint liability of the clubs, (ii) typifies behaviors that are currently present, such as betting by players in their place of work, through third parties or using confidential information to which they have access, solely and exclusively, because of their relationship with the sporting activity and, (iii) imposes sanctions that include the individual suspension of the offender from competitions. In this way, there will be clear regulations and protocols to follow in cases of possible corruption scandals or criminal behaviors in general terms, which will allow legitimate decisions to be made, always preserving the transparency and prestige of the competition.
Clubs: Bearing in mind that these are corporate structures and, therefore, they might be liable for conducts committed by their employees in the exercise of their corporate purpose. To avoid criminal consequences, it is necessary for clubs to adopt internal compliance policies that enable them to deal with corruption or match-fixing situations. These policies may be accompanied by regulations and protocols that help teams identify those responsible and apply the corresponding sanctions internally. In this way, clubs will have important inputs for demonstrating due diligence when facing these risks.
In addition, if these types of proposed systems are properly applied, the risks of criminal conduct will be reduced. This takes into account that in Colombia, unlike other countries, there is no criminal liability of legal entities, so the leaders of the entities will be the ones who will be criminally liable and the company will be subject to other sanctions, mainly economic sanctions, such as those contained in the Law of 2195 of 2022 (Law of Transparency, Prevention and Fight against Corruption).
Sports betting platforms: Controlling risks requires a coordinated effort. Given the current prominence of these companies in the world of sports, a policy must be built to cross-check information between the platforms, the league, and the clubs. This will guarantee the detection of irregular situations and activate the alarms to proceed with the necessary investigations. In addition, considering that corruption cases are crimes that are a source of money laundering and that since 2019 Coljuegos requested the adoption and implementation of SIPLAFT as a prevention policy against this type of threat, the creation of an articulated protocol is an opportunity to implement efficient compliance systems and, incidentally, comply with the state guideline.
Besides, considering that a sports betting platform is the major sponsor of the league and that for the proper development of this business, it is necessary to preserve the transparency of the competition, it is an obligation to prevent any event that can generate doubt on the legitimacy of a match result. This turns mandatory for the main parties in the industry to implement compliance policies and actions aimed at showing due diligence to prevent possible cases of corruption or crimes within their organizations.
For all these reasons the case of Bolivia helps us to anticipate the realization of possible damage that is becoming more imminent every day and, incidentally, helps us to advance in the implementation of articulated compliance policies that prevent criminal scenarios for the different parties in the industry and that, above all, are able to protect the greatest asset in the world of sports: healthy competition.
