How Regulating Betting Can Act as a Safeguard Against Match Manipulation.
The Public Prosecutor's Office of Goiás has conducted investigations that have resulted in the indictment of 14 individuals and the banning of three players by FIFA, all due to the manipulation of sports match results in order to favor betting outcomes.
Last Tuesday (26), the House of Representatives wrapped up an ongoing investigation into the frauds by holding an open CPI. Surprisingly, the session concluded without voting on the final report. However, in a positive turn of events, four bills relating to the subject were proposed during the proceedings.
PL 3.626/23, the legislation concerning the control of sports gambling, additionally encompasses this issue.
In certain sections of the legislation, there is a focus on dealing with match manipulation and other fraudulent activities. These provisions outline the need for a proactive prevention policy and provide guidance on the steps that the Ministry of Finance can take when there are suspicions of match interference.
The bill, currently under review in the Senate, lacks specific information regarding the implementation of sanctions or the mechanisms for monitoring fraudulent activities.
Potential alterations in the Senate
If there are suspicions of results manipulation, the Ministry of Finance has the authority to provisionally establish it.
- The suspicious event will result in an immediate suspension of bets and the withholding of prize payments.
- The exclusion or restriction of one or multiple gambling providers from placing bets on ongoing or specific occurrences taking place within a questionable trial, match, or disagreement, excluding the precise anticipation of the ultimate result.
- Additional measures implemented to hinder or alleviate the repercussions of actions that undermine the ethics of sports.
In my understanding, there may be potential revisions to certain sections of the betting regulation document within the Senate, aiming to enhance the legislation's clarity and effectiveness in combatting fraudulent activities and money laundering.
When the matter passes through the Review House, Senator Eduardo Girão vows to fight for changes, as he deems the approved text in the Chamber to be unfavorable.
"[The passage] fails to sufficiently tackle significant concerns, such as the supervision and regulation of both financial offenses and match-fixing, specifically in the realm of football," he asserts.
He emphasizes that he has already put forward seven bills in the Senate, which seek to address the "significant and adverse societal consequences" of sports gambling.
He said that they are discussing several issues related to the regulation of the gambling industry in Ireland. These include the limitation on advertising in the mass media, restrictions on sponsorships in sports teams and arenas, increased allocation of funds towards gambling addiction prevention policies, and the challenge of offering both fixed-odds betting games and other forms of gambling that are currently prohibited in the country, such as bingo and casinos.
The flexibility of legal principles.
The text has already reached an "optimal" point, according to Fabiano Jantalia, an expert in gaming law and the founding partner of Jantalia Advogados law firm, as approved by the Chamber.
He clarifies that regulations pertaining to fraud and money laundering, which contain intricate specifications, are frequently absent from legislation and instead, can be found in supplementary legal provisions.
It is advisable to adopt the Irish approach of implementing regulations through infra-legal measures. Including specifics in a legislation would be counterproductive, as it would impede the flexibility to revise and adapt the norms regularly.
In my opinion, it is clear that the sports betting industry is still burdened with a significant amount of bias, leading to an excessive amount of caution when it comes to advancing the project. The specialist acknowledges that divulging additional information would hinder the adaptability of the legislation.
Next steps
Fabiano Jantalia suggests that once the law has been passed, it is imperative for the Ministry of Finance to issue comprehensive regulatory measures that specifically address the issue of fraudulent activities in the realm of sports betting. In his viewpoint, it is crucial to adopt effective strategies from other industries, such as the banking sector, in order to prevent money laundering.
I am currently studying the development of a system that would enable the Ministry of Finance to receive real-time bets, enabling them to closely monitor issues related to money laundering as well as match-fixing.
