Tampering with a Sports Contest in New York

What Does “Tampering with a Sports Contest” Mean?

If an action is taken to influence the outcome of a sporting contest that is outside of the rules of the sport, it will be sports tampering. This action can come from any individual that has an interest in influencing the outcome of the sports contest.

Examples

Here are some ways that sports tampering occurs:

A sports official agrees to “miss some calls” in exchange for valuable stock options.
Someone feeds a racehorse a sedative before a race to affect the horse’s performance.
An athlete states, “he will throw the game if the price is right.”
Someone injures a pitcher’s hand to stop the pitcher from competing in the next game.
Someone registers their equine animal under a different name when that animal has already been registered before.
A boxer purposely thins out the padding in his competition boxing gloves.
Someone uses paints to change the look of their competition horse to look like another breed.
An NFL wide receiver uses a sticky substance on his gloves and fingers to increase the catchability of the football.
A group sets up a reward system that rewards players for injuring opposing players.
A person modifies the saddle used by a specific jockey to hinder their performance.
An athlete uses performance-enhancing drugs.

This list is not exhaustive. If an individual’s actions are meant to influence the outcome of any game or contest and are outside of the rules and regulations for the sport, it will be considered sports tampering.

If you or a loved one has been charged with sports tampering, please call our offices today. Our attorneys can help you understand the charges and help you throughout the entire process. They have the proper knowledge and experience to best help you!

What are the laws in New York regarding sports tampering?

Sports bribing

Any individual who seeks to provide a benefit to a sports participant or an official to influence their performance is in violation of the sports bribing law.

For example, Craig makes a bet on a boxing match that has high odds. Craig approaches Stan, who is one of the boxers who will be competing. He offers Stan 20 percent of his winnings if Stan “doesn’t feel his best while boxing” that night. Stan refuses and reports Craig to the authorities. Even though Stan never agreed to the bribe, this is still sports bribing.

This is a class D felony. The penalties associated with this are up to 7 years in prison, a fine of 5,000 dollars or double the amount gained by the criminal activity.

Sports bribe receiving

A sports participant or official, who accepts or agrees to accept remuneration in exchange for influencing the outcome of sports contest, is in violation of the sports bribe receiving the law. It does not matter if the game is not professional.

If it can be viewed by the public, a sports participant or official cannot accept any remuneration that alters or will potentially alter the outcome of a sports contest.

For example, Ben is an umpire for a county recreation softball group. He is approached by the captain of one of the softball teams, Tim, and tells Ben that “it will be worth your while” if Ben makes favorable calls towards Tim’s team when playing. Ben agrees and accepts Tim’s offer. Even though nothing of value has been exchanged between Ben and Tim, this is still considered sports bribe receiving.

This is a class E felony. The penalties associated with this are up to 4 years in prison and a maximum fine of 5,000 dollars or double the amount gained from the crime.

Tampering with a sports contest in the second degree

Any individual who seeks to influence the outcome of a sports contest, uses any means that are not allowed by the rules and regulations of that sport, commits tampering with a sports contest in the second degree. This includes the following:

changes to equipment
drug involvement with athletes
animals, and/or
Officials
Bribery
Coercion
racketeering, etc.

If something is done to influence the outcome of a sports contest that is not allowed, it will be considered tampering with a sports contest in the second degree.

For example, Tina plays for a college basketball team. Before an important game, she gains access to the opposing team’s watercooler and spikes it with Ipecac to make some of the players that drink from it very ill. This is tampering with a sports contest in the second degree.

This is a class A misdemeanor. The penalties associated with this are a maximum fine of 1,000 dollars and up to a year in jail.

Tampering with a sports contest in the first degree

This law revolves around activities associated with horse races where bets are pooled. The activities that are specifically targeted are the following:

administration of prohibited substances to the animal
disguising the animal
falsely registering an animal that has been registered under a different name, and
entering an animal that is drugged into a race as part of an agreement.

Any of these actions would be considered tampering with a sports contest in the first degree.

For Example, Ocean Bun is a properly registered quarter horse. The owner, Bill, after dozens of wins, decides to register Oceanbun with a different racing authority under a different name, Waterbed. He also uses paints to disguise Oceanbun’s appearance. This is all done to provide a more profitable outcome since this affects the betting pool’s odds. This is tampering with a sports contest in the first degree.

This is a class E felony. The penalties associated with this are up to 4 years in prison and a maximum fine of 5,000 dollars or double the amount gained from the crime.

Defenses

Also, it is important to note that there are some defenses to charges of sports tampering. However, the proper defense will be based on the factual circumstances. To discuss possible defenses to a sports tampering charge, please call one of our offices. Our attorneys are happy to help you understand the law and what defenses may be available to you.

The charges of sports tampering, based on the charge and circumstances, could result in up to 7 years in prison and/or a maximum fine of 5,000 dollars or double the amount gained from the commission of the crime

Are there other charges that can accompany a charge of tampering with a sports contest?

The possible charges that can accompany a charge of sports tampering are numerous. There are many illegal means that can be used to influence the outcome of a sports contest, such as:

Assault
Coercion
impairing the integrity of a pari-mutuel betting system
criminal possession or sale of a controlled substance or hypodermic instrument
scheme to defraud forgery^,etc.
In some cases, there could also be charges of grand larceny.

Federal law also prohibits any type of sports bribery. Also, the Racketeer Influenced and Corrupt Organizations Act may also be implicated in certain situations. Violations of these federal laws can result in substantial fines and lengthy imprisonment. Also, these laws are specifically meant to coexist with state law, not supersede it.

It is important to note that the US is considering instituting a prohibition on “doping” in global sports competitions. Since virtually all global sports organizations prohibit this type of activity, it essentially allows the US to enforce criminal penalties against violators.

There is a myriad of charges that can accompany charges of sports tampering. If you have any concerns or questions about sports tampering or related crimes, please call our offices today.

Here are some cases:

Most of the courts’ decisions have looked at the validity of sports tampering laws or how they are enforced. Here are a few court cases that have impacted the laws surrounding sports tampering and related activities.

In Matter of Ford v. New York State Racing and Wagering Board, The New York Court of Appeals determined that the Board’s animal drug testing regulations were constitutionally valid.

In 2009, the New York State Racing and Wagering Board promulgated a new rule that allowed for warrantless testing of racing animals outside of competition. This was implemented to combat new protein-based drugs that could evade testing that occurs at a competition.

Soon after this rule was adopted, Mark Ford filed suit against the Board stating that the Board did not have the power to create the rule and that warrantless testing of equine animals is an unreasonable search. The lower courts ruled in favor of the Board, and Ford appealed.

The Court disagreed, stating that it was within the Board’s power to create and adopt this rule and the testing outside of the races to prevent illicit doping did not constitute an unreasonable search. The Court affirmed the New York appeals court decision.

To read the court opinion in full, please click here. Or copy and paste the link below.

https://www.leagle.com/decision/innyco20141218381

In Matter of Gonzales v. New York State Gaming Commission, a New York appeals court determined that the sentences imposed did not violate the defendant of his due process rights.

Mike Gonzales was a jockey agent and had bribed an employee of a racing authority to allow Gonzales to use the employee’s password to access the racing authority’s confidential materials. He used this password over 170 times.

He was eventually charged with 340 counts of two different charges, including tampering with a sports contest. In a plea agreement, Gonzales pled guilty to one count of computer trespass to avoid the 339 counts.

After Gonzales pled guilty, the Commission sentenced Gonzales to a 25,000-dollar fine and prevented Gonzales from participating in horse racing activities for 10 years. This exceeded the recommended sentencing after Gonzales pled guilty. Gonzales appealed the sentence saying that the Commission did not have the power to increase the penalties beyond the recommendation and that it violated his due process rights.

The court disagreed with Gonzales. It stated that the penalties which were in place were for a single violation. Gonzales had committed multiple violations, even though the majority of them were dropped in favor of the plea agreement.

Since the Commission was alarmed of Gonzales’s behavior and supposed ignorance of the law, it increased the sentence for Gonzales beyond the initial recommendation. This did not deprive Gonzales’s due process rights. The sentence was affirmed.

To read the court opinion in full, please click here. Or copy and paste the link below.

https://www.leagle.com/decision/innyco20190228349

In Murphy v. NCAA, the Supreme Court invalidated the Professional and Amateur Sports Protection Act (PASPA).

PASPA prevented sports betting in all of the states, except for 3. New Jersey could become one of the states but failed to comply with PASPA’s conditions. Eventually, Nevada became the only state that it was legal to gamble on a sports event.

In 2011, New Jersey created a new law that allowed sports gambling in the state. The NCAA soon filed suit saying that this law was in direct violation of PASPA.

New Jersey did not disagree with the NCAA’s assertions that this law violated PASPA. It argued that Congress never had the authority to enact PASPA because it commandeered the states from creating their own laws which were in violation of the 10^th Amendment of the US Constitution.

The Supreme Court agreed with the state of New Jersey and invalidated PASPA. This allowed the states to create their own laws regarding sports gambling.

To read the court opinion in full, please click here. Or copy and paste the link below.

https://caselaw.findlaw.com/us-supreme-court/16-476.html

This last case is included with sports tampering since tampering with a sports contest in the first degree concerns only pari-mutuel horse racing, which allows bets. Now, that sports gambling has become possible based on state legislatures, it is possible to see new laws or at least amendments to the existing laws, addressing these practices and how it may affect sporting events.

It is also possible that a new federal law could be enacted that could dramatically reshape existing laws.

Who investigates allegations of sports tampering?

Most professional and collegiate organizations have their own investigations of sports tampering. For criminal investigations, these will be handled by the New York Police Department, which sometimes includes the Bureau of Criminal Investigation.

For federal charges, the Federal Bureau of Investigation will be the primary investigators. All of these agencies may collaborate with each other, depending on the circumstances.

I have been charged with sports tampering, what should I do?

Call us!

A single charge of sports tampering can have deleterious effects on every aspect of your life. It can affect your career, finances, your relationships with coworkers and loved ones, clients, etc. Some charges can end your sports career, even if you are acquitted of all charges. A charge of sports tampering also puts your reputation on the line and can affect future employment.

This is why it is imperative that you have experienced legal counsel representing you and your best interests. Our firm is capable of providing knowledgeable, skilled, and experienced attorneys who will help you throughout the entire process.

They seek to provide you the best defense and can help prevent sub-optimal outcomes. Don’t risk taking charge of sports tampering without proper legal counsel.

Please give us a call today for a free legal consultation!

Current events involving sports tampering

Additional FIFA officials indicted for conspiracy charges

Charge: Racketeering, wire fraud, money laundering conspiracy

Allegation: FIFA officials were involved in a complicated scheme that involved bribes and kickbacks.

In late 2015, 16 additional FIFA officials were indicted on a variety of criminal charges. These officials were responsible for a complicated scheme that lasted many years and garnered over 200 million dollars in illicit gains.

According to the DOJ press release, 41 total individuals have been charged with the conspiracy that helped FIFA officials receive bribes and kickbacks that lasted over 24 years. The conspiracy was uncovered a couple of years before, and some companies and FIFA officials have already been convicted.

Sixteen new FIFA officials have been charged and indicted, and over 100 million dollars have been recovered by the US government.

To read the press release in full, please click here. Or copy and paste the link below.

https://www.justice.gov/opa/pr/sixteen-additional-fifa-officials-indicted-racketeering-conspiracy-and-corruption

A banker involved in a soccer bribery scheme pleads guilty

Charge: Money laundering

Allegation: A former Swiss banker organized the ability to transfer millions of dollars to high-ranking soccer officials.

In 2017, Jorge Luis Arzuaga pled guilty for his role in a money laundering conspiracy that allowed millions of dollars that were used for bribing high-ranking soccer officials.

According to the DOJ press release, Arzuaga worked for two financial banks in Switzerland. One client was Sports Marketing Company that was recently exposed for its participation in a worldwide bribery scandal.

Arzuaga opened “shell” accounts for Sports Marketing Company that allowed bribes to transfer to a high-ranking soccer official and his heirs. Arzuaga was given over 1 million dollars for his participation.

To read the press release in full, please click here. Or copy and paste the link below.

https://www.justice.gov/opa/pr/former-swiss-banker-pleads-guilty-money-laundering-charge-connection-soccer-bribery-scheme

Former soccer federation president pleads guilty

Charge: Racketeering and wire fraud conspiracy

Allegation: The former soccer federation president was bribed to use his influence to award media contracts to specific organizations.

In 2016, Rafael Callejas, former president of the Honduran Soccer Federation, pled guilty to racketeering and wire fraud conspiracies.

According to the DOJ press release, when Callejas was president of the Honduran Soccer Federation, he received bribes from Media World, in exchange that he would exert his influence to award media contracts to their organization. This arrangement spanned three World Cups. The bribes were filtered through various bank accounts over long periods of time.

To read the press release in full, please click here. Or copy and paste the link below.

https://www.justice.gov/opa/pr/former-president-honduran-soccer-federation-pleads-guilty-racketeering-and-corruption-charges

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