The Australian & New Zealand Sports Law Association
Sports Shorts E-Newsletter
Dear @{aspediacrm-person-firstname},
Welcome to the latest edition of the Sports Shorts E-Newsletter, providing up to the minute sports law news links to ANZSLA members.
Kind regards, ANZSLA, the sports law association
Swimmer Ryan Lochte suspended until July 2019 for use of IV
American swimmer Ryan Lochte, has been given a 14 month ban by the United States Anti-Doping Agency (USADA). The 12 time Olympic medallist received the ban after he posted a photo on his social media accounts which showed him receiving an intravenous injection. Although Lochte was being injected with permitted substances, athletes cannot receive such injections unless they relate to hospitalisation or when allowed under the terms of a USADA-approved exemption. As neither category applied to Lochte, he was given the 14-month suspension.
Match-fixing: Parma striker Emanuele Calaio banned and club given points deduction
Emanuele Calaio, who is a striker for Italian professional football club, Parma, has been given a two year ban by Italy's National Federal Court for match fixing. In addition to Calaio's sanction, Parma themselves have also been deducted five points in the upcoming 2018/19 Serie A season. Calaio's suspension relates to messages he sent to players at his former club, Spezia, via WhatsApp prior to a match between Parma and Spezia on 18 May. The Court deemed that these message influenced the game by "eliciting a reduced effort".
World Cup 2022: Fifa need to conduct "independent investigation" into Qatar bid claims
FIFA has been urged to conduct an independent investigation into reports that the Qatar 2022 World Cup bid team ran a campaign in 2010 to sabotage other bidding nations. It is alleged that the Qatari bid team employed a US PR Firm and ex-CIA agents to smear its rivals (particularly the United States and Australia). Specifically, the objective was to create propaganda to give the impression that a World Cup would not be supported domestically in those competing nations. The Qatar tournament organisers have strongly denied the allegations.
The appeal of Jérôme Valcke is dismissed by CAS
Former Secretary General of FIFA, Jérôme Valcke, has had his appeal of the FIFA Appeal Committee's decision to ban him from football-related activities for 10 years and impose a fine of CHF 100,000 dismissed by the Court of Arbitration for Sport (CAS). The CAS reasoned that the offences committed by Valcke, which included (among others) the resale of FIFA World Cup tickets, indiscretions regarding travel expenses, an offer of an improper benefit to the regional football union and his failure to cooperate with the FIFA investigation, were together of a serious degree of gravity and that the punishment handed to him by the FIFA Appeals Committee was appropriate.
CAS dismisses the appeals of Gnidenko, Abakumova and Lebedeva
The CAS has dismissed the appeals of Russian athletes, Ekaterina Gnidenko (track cycling), Maria Abakumova (athletics) and Tatyana Lebedeva (athletics) against the decisions issued by the IOC Disciplinary Committee in which, following re-testing of those athletes samples, they were found to have committed an anti-doping rule violation (Oral-Turinabol / DHCMT) and disqualified from either the 2008 Beijing (Abakumova and Lebedeva) or the 2012 London Olympic Games (Gnidenko). The CAS found that the athletes were unable to prove that the testing methods that led to the positive findings were not scientifically valid.
CAS Media Release: AC Milan / UEFA
The CAS has partially upheld the appeal of Italian football side, AC Milan, in respect of the decision of the Adjudicatory Chamber of the UEFA Club Financial Control Body. As a result, the decision of the Adjudicatory Chamber that AC Milan failed to fulfil the break-even requirement set out Articles 58 to 63 of the applicable EUFA Club Licensing and Financial Fair Play Regulations was confirmed. However, the Adjudicatory Chamber's decision to exclude AC Milan from participating in the EUFA Club competition for the 2018/19 and 2019/20 seasons was annulled. Instead, the CAS referred the matter back to the Adjudicatory Chamber to issue a proportionate disciplinary measure.
Conor McGregor Avoids Jail Time With Plea Deal Following UFC Bus Attack
Former UFC Champion, Conor McGregor, will avoid jail time by pleading guilty to one misdemeanour count of disorderly conduct in relation to an incident that occurred in April this year where McGregor threw a hand truck at a small bus, shattering a side window and injuring two UFC fighters on board. By pleading guilty, McGregor avoids the multi-year jail sentence which he could have got if he was convicted of the possible three counts of assault and one count of criminal. It is reported that as part of the deal, McGregor has to, among other things, complete community service and attend an anger management course.
Financial Fair Play: QPR agree £42m settlement after breaking spending rules
The English Football League (EFL) and football side QPR have reportedly reached a settlement worth almost €42m (that will reportedly be paid over 10 years) after an arbitration panel dismissed QPR's claim that the Financial Fair Play rules are unlawful. The case relates to QPR breaking spending limits in the 2014 season with wages of more than €75m, which represented 195% of the club's turnover of €38.6m. As part of the settlement, QPR will pay a €17m fine and €3m of the EFL's legal costs, and the club's shareholders agreed to write off €22m of outstanding loans. QPR will also be under a transfer embargo for the January 2019 transfer window.
Concussion claims top $500 million in first two years of program
In January 2017, the National Football League and former NFL players reached a settlement in relation to the players' claims that the NFL was hiding what it knew about concussions. Since that settlement, it is reported that players have filed almost 2,000 claims and that the NFL has approved more than $500m in settlements. Despite the NFL's previous estimate that payouts would hit approximately $400m in the first 10 years, attorneys for the players suggest the entire payout may be around $1.4b.
Athletics: Integrity unit backs new IAAF anti-doping rules
The International Association of Athletics Federation (IAAF) will be dividing national federations into three categories with differing obligations based on their level of success and the perceived risk of doping. Kenya, Ethiopia, Belarus and the Ukraine will constitute the current Category A nations, being those which the IAAF feels are most at risk of doping. Athletes from Category A nation must undergo at least three out-of-competition doping tests in the 10 months prior to a world championships or Olympics. The new rules are set to come into effect from 2019.
The IAAF has confirmed that the ban on Russia from competing in international athletics competitions, which was originally handed down in in November 2015 after discovering widespread doping, will remain in place. The decision to continue Russia's ban was unanimously upheld during a meeting of IAAF council given that, although Russia had taken some positive steps, it had not yet done enough to merit inclusion.
Cristiano Ronaldo fined 3.2 million euro in tax evasion case
Cristiano Ronaldo will be fined €3.2 million euros and sentenced to 24 Months in prison after settling a tax evasion case with Spanish tax authorities. However, it is unlikely that Ronaldo will serve his prison sentence as under Spanish law a sentence of under two years for a first offence can be served on probation. As part of the settlement, Ronaldo will be required to pay the €3.2m fine, €5.7m in back taxes and €1m in accrued interest.
UCI finds no evidence of mechanical doping at the Tour de France
During the 2018 Tour de France, the Union Cysliste International carried out multiple tests for mechanical doping, including 164 X-ray tests of bikes, all of which came back negative. The UCI was forced to step up its fight against mechanical doping following the discovery of a rudimentary motor in the bike of U23 racer Femke Van den Driessche during the 2016 Cyclo-Cross World Championships.
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