Game, set, match-fixing: will international anti-doping initiatives pave the way for similar reform for corrupt betting in tennis?

• Author: Ramos, Miguel A.

1. INTRODUCTION II. THE CURRENT STATE OF CORRUPTION IN TENNIS A. The "Most Notorious Match in Tennis History" B. Structure of Governance in International Tennis C. Current Methods of Enforcement III. PROBLEMS WITH THE CURRENT MEANS OF ENFORCEMENT A. Insufficient Sanctions B. Barriers to Investigation C. Lack of Uniformity IV. A POSSIBLE MEANS FOR REFORM A. A Brief Examination of the Anti-Doping Framework B. A Suggestion for Anti-Corruption Reform V. CONCLUSION VI. AFTERWORD A. Increased Sanctions B. ATP Extended Coverage to Include Tournaments and Tournament Support Personnel C. Reporting Obligations D. Effect of Rule Changes on Suggested Reform E. The Updated State of Corruption in Tennis I. INTRODUCTION

   "People don't seem to understand that it's a damn war out there." (1)

   --Jimmy Connors, former world number-one tennis player (2)

   The international tennis community watched closely over the past year as its sport drew heightened media attention of an unwanted variety. (3) Allegations of corrupt betting practices and match-fixing flooded the sport sections of newspapers worldwide. (4) Tennis betting currently ranks third in betting volume on one of the world's largest betting exchanges, trailing behind only horse racing and soccer. (5) Despite the increasing volume of tennis bets, tennis betting flew under the radar until it was thrust to the forefront after a controversial match in Poland in August 2007. (6)

   Efforts have been made by a number of groups to remedy the problem of corrupt betting and match-fixing and to save the integrity of the sport. (7) However, a wide variety of issues, including limited investigation and availability of evidence, make the process of proving involvement in match-fixing a difficult one. (8) Furthermore, tennis is highly susceptible to corruption and match-fixing because only one person usually needs to be swayed to affect the final results of the match. (9) For example, a player who wishes to lose can not only choose to play poorly, but can also retire early in the match for reasons of illness or injury. (10) In addition, payoffs to a player to fix a match can be high because the bribe will likely only be spent on that one player. (11) As the rules and structure currently stand, and without further involvement from the international community, tennis will likely continue to face the issues of corrupt betting and match-fixing. In the wake of the recent advancements in international anti-doping, (12) some argue that a similar framework should be crafted to attack corrupt betting practices in international sports. (13)

   In Part II, this Comment first will illustrate the existence of corrupt betting in international tennis and will give a brief overview of the current structure of governance and methods of enforcement. Part III of this Comment will address the problems that exist with those current means of enforcement. Lastly, Part IV of this Comment will briefly review the international anti-doping framework as a guiding tool and will suggest possible methods for international reform of corrupt betting in tennis.

2. THE CURRENT STATE OF CORRUPTION IN TENNIS

   It is difficult to craft a suggested solution to a problem without first understanding the current situation. This part of the Comment will begin with a brief overview of the match that brought corrupt betting and match-fixing to the forefront in tennis. Then, it will attempt to address the current structure of the international tennis governance community. Finally, this part of the Comment will lay out the current means for enforcement in the area of corruption in tennis.

   1. The "Most Notorious Match in Tennis History"

      On August 2, 2007, the tennis world watched what is now called by some the "most notorious match in tennis history." (14) Then-4th-ranked Nikolay Davydenko retired in a match against then-87th-ranked Martin Vassallo Arguello at an ATP Tour, Inc. ("ATP")-governed tournament in Poland. (15) Davydenko was the heavy favorite in the match. (16) He claimed an injury as the reason for retiring. (17) While it is not uncommon for a player to retire from a match for an injury or illness, this particular instance sparked questions in the minds of savvy tennis gamblers who noticed that something was out of the ordinary. (18) After the first set, which Davydenko won, bets started pouring in against him. (19) The savvy gamblers knew that someone had inside information. (20)

      Betfair, (21) one of the world's largest online betting "exchanges," (22) also noticed irregular betting patterns during the match. (23) Overall, nine Russian Betfair accounts stood to win $1.5 million if Davydenko lost the match. (24) Betfair has an agreement with the ATP to share information about suspicious betting practices, in accordance with the ATP's anti-corruption program. (25) As a result, Betfair notified the ATP of the occurrence. (26) In addition to notifying the ATP, Betfair made the decision to void all betting transactions made for the match, which totaled over $7 million, because of the irregular patterns. (27) Thereafter, the ATP launched an investigation into the matter. (28)

      The ATP's investigation into Davydenko's involvement in the alleged match-fixing incident lasted for over a year. (29) The ATP encountered some difficulty when it requested to review telephone records of Davydenko's wife and brother, who refused and appealed the request to an independent hearing officer. (30) By the time Davydenko's wife and brother lost the appeal, the telephone records were destroyed by the phone company in accordance with local German data protection laws. (31) In the end, Davydenko was cleared after a finding of no evidence of wrongdoing, (32) but not before a number of other professional tennis players stepped forward with stories of other instances where offers were made to "throw matches." (33)

      Since the investigation into Davydenko's actions, at least a dozen players have stated that they had been approached to throw matches for money. (34) For example, a Belgian player reported being offered over $100,000 to lose a match at an early round in Wimbledon. (35) A Czech player, ranked 156th in the world at the time, admitted that he received an anonymous phone call to his hotel room asking if he would "sell his game." (36) However, of the players that have recently come forward with this information, none admitted to actually accepting any offers. (37) Furthermore, none have publicly identified the alleged bribers, making the task of enforcement more difficult. (38)

      However, as a result of the attention created by this talk of corrupt betting in tennis, a number of international tennis governing bodies jointly commissioned an independent investigation into seventy-three matches over the past five years. (39) Of those matches, forty-five required additional review because of suspicious betting patterns. (40) The report of the investigation's findings, titled the Environmental Review of Integrity in Professional Tennis, was presented to the international tennis authorities for review in May 2008. (41) A closer look at the authority and reach of these international governing bodies may help determine the best possible actions to take for reform.

   2. Structure of Governance in International Tennis

      International tennis is governed and regulated by a number of different organizations. (42) The International Tennis Federation ("ITF") is the governing body of world tennis and determines the Rules of Tennis. (43) It was also created to help preserve the integrity of tennis as a sport. (44) In addition, the ITF oversees and operates certain international tournaments, such as the ITF Team Championships for Men (The Davis Cup), the ITF Team Championships for Women (The Federation Cup), and the Olympic Tennis Event.

      Three separate subgroups regulate the remainder of the international tennis activities. (46) ATP is charged with the task of arranging and operating the men's tour and challenger events worldwide. (47) The Women's Tennis Association ("WTA") operates and regulates fifty-eight women's events worldwide. (48) Finally, the Grand Slam Committee is responsible for all aspects of development, regulation, and control for the four Grand Slam tournaments. (49) This committee is comprised of the president of the ITF and the chairmen of the four Grand Slams. (50) Each organization promulgates its own set of rules of conduct for its player members. (51) Regulation by these different governing bodies and differences in the enforcement and penalty provisions within each set of rules creates difficulty in uniform enforcement. (52)

   3. Current Methods of Enforcement Under the current framework, there are two methods of action against a player suspected of match-fixing or corrupt betting practices. (53) First, disciplinary actions against a player or player representatives may be brought under the rules of conduct promulgated by a tennis governing body, such as the ATP. (54) The ATP, the WTA, and the ITF established anticorruption programs and incorporated them into their rules. (55) In order to circumvent redundancy, and because the two programs are relatively similar, only the ATP Anti-Corruption Program will be examined in this Comment. Second, action may be taken through the legal process in the jurisdiction, if the jurisdiction recognizes a criminal offense or authorizes some cause of action related to match-fixing or corrupt betting. (56)

      1. The ATP Anti- Corruption Program

         A disciplinary action may be brought under the Tennis Anti-Corruption Program of the ATP Player Code of Conduct (the "Code"). (57) Within the Code, the ATP established a Tennis AntiCorruption Program with the goals of maintaining the integrity of tennis and protecting against corrupt betting practices and match-fixing. (58) The Anti-Corruption Program attempts to meet these goals by enacting broad-sweeping reporting requirements and sanctions for corruption offenses. (59)

      2. Covera...