A Long-Awaited Reboot: The FIFA Scandal and its Repercussions for Football’s Governing Body
2017; Routledge; Volume: 40; Issue: 1 Linguagem: Inglês
ISSN
0277-5778
Autores Tópico(s)Doping in Sports
ResumoIntroductionMarco Tardelli 's goal and electric celebration in the 69th minute. Croatia 's stunning defeat of Germany in '98. Pele 's six goals and Brazil S first ever championship in '58. The battle of East and West Germany in '74. Diego Armando Maradona 's magical goal against England in '86.1For the average American, these words likely have little meaning or sentimental value.2 That is because a mere six percent of Americans list football as their favorite sport.3 For the rest of the world, however, these historic dates represent only a few of the most iconic moments in football's biggest spectacle-the World Cup.4Unfortunately for football fans, while the sport itself undoubtedly boasts a storied and celebrated history, its governing body, the Federation Internationale de Football Association (FIFA), has a history of its own-a history of corruption.5 A three-year case by the Federal Bureau of Investigation (FBI) culminated in May 2015 when Swiss authorities arrested top FIFA officers the behest of U.S. officials.6 According to former Attorney General Loretta Lynch, the U.S. indictment alleges rampant, systemic and deep-rooted corruption spanning at least two generations of soccer officials.7 Specifically, the indictment states that FIFA officials rigged bids for the World Cup and accepted bribes in exchange for marketing and broadcast contracts.8Because football is a global sport, the FIFA scandal has the potential to ignite a geopolitical fire.9 In response to the arrests of FIFA officials in May, Russia, the host of the 2018 World Cup, accused the United States of illegally exercising extraterritorial jurisdiction.10 A statement by the Russian Foreign Ministry called on the United States to stop attempts to make justice far beyond its borders and to comply with international legal procedure.11In addition to impacting foreign relations, the FIFA scandal could have tremendous financial implications.12 The FIFA World Cup, a tournament held every four years, is consistently the most-watched sporting event in the world, surpassing even the Olympics in viewers.13 In fact, the 1998 World Cup had an astounding cumulative audience of 37 billion people.14 Unsurprisingly, the World Cup generates huge sums of money for both FIFA and the host country.15 Although the payoff of the World Cup can be substantial, hosting the event is a massive, and sometimes risky, investment for which5 ever country secures the bid.16 For example, although host South Africa spent $4.6 billion in preparations, the 2010 World Cup brought in just $500 million.17 Qatar, host of the 2022 World Cup, is expected to spend nearly $200 billion over twelve years preparing its infrastructure.18 Charges of rigged bidding for the tournament could have serious consequences for nations like Russia and Qatar, even potentially placing their significant investments risk.19Part I of this Note provides background on the formation, organization, and structure of FIFA. It also outlines the turbulent history of the organization's leaders and discusses the charges of corruption brought against top officials. Part II discusses the legal basis for American jurisdiction and outlines why jurisdiction is justifiable. Part III situates FIFA within the sphere of international law and suggests mechanisms to improve the accountability of the organization and its members.I. BackgroundIn the early hours of May 27, 2015, Swiss authorities quietly entered the Baur Au Lac hotel in Zurich, Switzerland, the site of FIFA's annual congressional meeting.20 When all was said and done, seven FIFA executives were arrested on charges of corruption.21 The initial Department of Justice (DOJ) indictment, which stemmed from an FBI case, named fourteen people, including current and former football officials and sports-marketing executives.22 The U.S.-led corruption case expanded in December 2015, when federal prosecutors announced charges against sixteen additional FIFA officials, two of whom were arrested by Swiss authorities that same day. …
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