EthicalMUN II FIFA Committee on Corruption and Transparency - Chairs: Zachary Zemmel and Cal Gelernt
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EthicalMUN II FIFA Committee on Corruption and Transparency Chairs: Zachary Zemmel and Cal Gelernt Crisis Director: Anton Van Schaik
EthicalMUN II Dear Delegates, Welcome to EthicalMUN II! Specifically, welcome to the FIFA Crisis Committee. We hope that this committee will provide all of you with an interesting debate about the world’s most popular (and in our opinion, greatest) sport. Over the course of the Theo Dassin coming weekend, we will examine issues that surround not only the sport in general; Co-Secretary General the global politics that surround soccer (football) will be discussed passionately too. For this reason, many interesting characters from both the political and sporting Iva Knezevic sides of football will be portrayed. We hope to see you all are looking forward to the Co-Secretary General conference as much as we are. Alex Keswani The purpose of this background guide is to help you in your research for this crisis Chief of Staff committee; it has a comprehensive summary of each of the characters and their positions. Additionally, it contains a detailed history of the subject. This being said, Ryan Kelly it is not sufficient for your research on the topic. For this reason, you must do your Vice-Secretary of own individual research to prepare for this committee. Finally, the questions to Committees consider are particularly important in this committee, and you are encouraged to do your research and construct your position papers around the questions specifically. Olivia Becker Vice-Secretary of This is a crisis committee and you should be prepared for the possible issues that Administration Anton, our crisis director, will create. It important to note that our committee is technically a historical committee as we begin on February 1, 2018. This committee will not be acting as any particular branch of FIFA. Rather, it has brought Halle Friedman current and former FIFA officials, governmental representatives, and important Vice-Secretary of people in the football world to discuss (and possibly punish) violations of different Outreach laws, statutes, and codes related to corruption and transparency. Additionally, this committee will look to find methods to stop corrupt practices and increase Leilani Elkaslasy transparency in the future. Community Service Director This committee will use the standard crisis committee parliamentary procedure. Due to the nature of this committee, it is impossible to know the length of time for which Abby Gewirtz each topic is discussed in advance. Therefore, you should be prepared for Director of Photography substantive debates and discussions on all topics mentioned in this background guide. Prez Thomas, Ben Kaiser, Max Zalta, Please note: Descriptions were not written about Swiss and American and David Runte government officials as they will represent the interests of their entire Senior Staff government, rather than themselves. If you have any questions about this committee, please email us. Best, Zachary Zemmel (20zzemmel@ecfs.org), Cal Gelernt (20cigelernt@ecfs.org) Co-Chairs FIFA Crisis Committee
FIFA EthicalMUN II Crisis General History of FIFA On the 21st of May, 1904, the Fédération Internationale de Football Association (FIFA) was founded with the intention of promoting the game of football internationally and creating a unified set of laws surrounding how the game was played. FIFA began as an organization that solely governed Europe. However, it started to expand out of the continent as early as 1909. Figure 1: FIFA Headquarters in Zurich, Switzerland Unfortunately, the First World War put a halt on FIFA’s operations and most sport Corruption at FIFA worldwide. This meant that FIFA’s congress Allegations of FIFA’s corruption first began would not meet for another seven years. 1 during João Havelange’s presidency when Nonetheless, Uruguay hosted the first FIFA Swiss court documents implicated him and World Cup in 1930 with much financial his son in law, Ricardo Teixeira, in success even though only four European receiving kickbacks from a marketing nations competed (the most notable company, ISL. Since then, numerous cases establishments of football were in Europe at of corruption in FIFA have been uncovered, the time). Although the outbreak of World including cases of match-fixing. In 2015, the War II occurred only nine years after the United States and Switzerland began first World Cup, FIFA had doubled in size investigations into FIFA corruption. In May, since 1921. Around 1970, FIFA president seven FIFA officials were arrested by Swiss Dr. Joao Havelange started to use FIFA as a Police on behalf of the United States and its tool to “[promote] technical development ongoing FBI investigation into FIFA. Then, worldwide” as opposed to pure competition. on December 3, 2015, 23 FIFA officials Additionally, Havelange used the were indicted on a combined total of 92 organization to promote diplomacy between criminal charges, including fraud and nations that continued into the presidency of racketeering. Bribery was not one of the Joseph ‘Sepp’ Blatter. 2 charges listed, however, the prosecutors stated they were looking into the World Cup 1
FIFA EthicalMUN II Crisis bidding process. The Indictments allege that In 2013, Chuck Blazer, the second-in- the criminal schemes lasted 24 years. FIFA command at The Confederation of North, and President Sepp Blatter have denied the Central American and Caribbean allegations. Although Blatter defeated Association Football (CONCACAF) plead Prince Ali bin Hussein in the FIFA 2015 guilty to corruption charges. Blazer was election, Blatter resigned on June 2, 2015, granted immunity in exchange for becoming amid the scandal. He was subsequently an informant to the FBI and the US banned from any soccer-related activities for Department of Justice (DOJ) in exchange for 3 eight years. providing information about illegal FIFA activities taking place on American soil.5 Role of the Swiss Government From Blazer’s testimony, the US FIFA is headquartered in Zurich, Government learned that Jeffery Webb, the Switzerland. Therefore, the Swiss head of CONCACAF and former Vice government has jurisdiction over much of President of FIFA, was taking bribes from the area in which crimes were being sports marketing officials. This bribery, in committed by FIFA officials. In 2015, Swiss the form of $110 million, the DOJ learned, police raided the Baur au Lac Hotel in resulted in the US hosting the 2016 Copa Zurich and arrested seven FIFA officials. América. These officials were extradited to the United The FBI and DOJ are still continuing with States because the arrests were part of an their investigations. Nonetheless, nine FIFA FBI investigation into the corruption officials and five corporate executives have allegations made against FIFA.4 been indicted by the United States government for conspiracy, racketeering, Role of the U.S Government and corruption.6 The United States Government continues plays a large role in the prosecution of FIFA officials. This is because many of the crimes committed by FIFA officials involved the US banking system. 2
FIFA EthicalMUN II Crisis Questions to Consider: 1. Should those who oversaw corruption at FIFA be held responsible? How so? a. If they are to be prosecuted criminally, noting the lack of enforcing power this committee has, how can it try those who have been accused of wrongdoing? 2. Given the issues surrounding the 2018 and 2022 World Cups, how can the World Cup bidding process be improved in terms of transparency? a. Given the human rights issues that have arisen, should Russia and Qatar even be permitted to keep the World Cup? i. How can these issues be better addressed in the future? 3. How should FIFA restructure to better prevent corruption? a. Should an independent overseer be created? b. Should it disband entirely? 3
FIFA EthicalMUN II Crisis Portfolio Powers entities like banks in the US), has voting rights. Swiss Government Michael Lauber (Attorney General) Can choose to prosecute anyone if he can Non-Governmental Officials demonstrate probable cause (to the chairs) of Gianni Infantino (President of FIFA) a crime being committed by them in Swiss Gianni Infantino is the Swiss/Italian current territory (or when interacting with Swiss president of FIFA. He assumed the office on entities like banks in Switzerland), has February 26, 2016. Although he campaigned voting rights. for the position on the promise of decreasing corruption, he has been involved in scandals Simonetta Sommaruga (Federal himself. Firstly, he was heavily criticized Councilor - Head - of Federal Department when he suddenly removed Cornel Borbély, of Justice and Police) Can call for police raids on Swiss territory, the former head of the Investigatory can make arrests on Swiss territory, can Chamber of the FIFA Ethics Board, along choose to accept or deny warrant requests by with other Ethics Board members who were other Swiss government officials for police investigating him for malpractice. This raids or arrests (all with probable cause as investigation was concerned with the determined by the chairs), has voting rights. allegations that he tried to influence a Confederation of African Football (CAF) Guy Parmelin (Head of Federal presidential election. The other main 7 Department of Defense, Civil Protection, criticism surrounding Infantino’s supposed and Sport) Can direct Swiss military, make decisions lack of transparency comes from his about Swiss governance of sport, has voting involvement in the Mossack Fonseca rights. “Panama Papers” leak; when he was the director of legal services at UEFA, he may have signed off on a contract with two United States Government Jeff Sessions (Attorney General) Argentinian businessmen who have now Can choose to prosecute anyone if he can been accused of bribery. This contract was 8 demonstrate probable cause (to the chairs) of apparently related to a TV deal for UEFA a crime being committed by them in US Champions League broadcasting rights. territory (or when interacting with American While UEFA and Infantino claim the broadcasting rights were sold to the highest 4
FIFA EthicalMUN II Crisis bidder, US prosecutors claim that millions Fatma Samba Diouf Samoura (Secretary- General of FIFA) of dollars in bribes were given to UEFA Fatma Samoura is a Senegalese senior officials to secure broadcasting rights. He United Nations official and the current has the power to make decisions about Secretary-General of FIFA. Her administration of FIFA, hire and fire FIFA appointment by the FIFA council in May officials, has voting rights. 2016 was widely seen as a positive step for FIFA as she is the first African and the first Joseph “Sepp” Blatter (Former President woman to hold the position. However, her of FIFA) Sepp Blatter is a Swiss former president of involvement in the CAF election scandal FIFA. He started his term in 1998 and with Gianni Infantino has cast major doubts announced his resignation on June 2, 2015, on her credibility. In order to help get her amidst new allegations surrounding his favored candidate, Ahmad Ahmad, elected, involvement in the FIFA corruption scandal. she supposedly promised presidents of He stated that he planned to resign by different football associations that she could February of 2016. In September of 2015, the “accelerate payments of FIFA development Swiss government began an investigation money to their [respective] football into his relationship with the president of associations if the presidents voted for UEFA at the time, Michel Platini. While Ahmad.” She has the power to make they were both cleared of corruption decisions about FIFA’s administration, hire charges, Blatter was discovered to have and fire FIFA officials and has voting rights. given a $1.7 million payment to Platini. They were both subsequently banned from Jérôme Valcke (Former Secretary- General of FIFA) all football-related activities for eight years Jérôme Valcke is a French former Secretary- (later reduced to six) for conflict of interest, General of FIFA. He was banned from dereliction of duty, and the “disloyal football-related activities for 12 years (later payment.” He has voting rights and access to reduced to 10) in January of 2016 for his $20 million. role in a number of scandals. He was found to have breached seven counts of the FIFA Ethics code. For example, he took private flights rather than commercial ones “without 5
FIFA EthicalMUN II Crisis any business rationale for doing so.” More 13 Warner. He subsequently “used the payment importantly, however, he attempted to for cash withdrawals, personal loans, and to facilitate the sale of TV rights for the 2018 launder money.” He has access to $160 and 2022 World Cups “for a fee far below million and voting rights. their actual value.” It was additionally found Maria Claudia Rojas (Chair of the Investigatory Chamber of the FIFA that Valcke “had helped a sports marketing Ethics Committee) firm gain an undue advantage from the Maria Claudia Rojas is the Colombian chair selling of World Cup tickets.” Finally, of the Investigatory Chamber of the FIFA Valcke deleted files, folders, and emails Ethics Committee. While she has not been relevant to the investigation against him accused of corruption, her competence as despite knowing that they were relevant chair of the committee was called into pieces of evidence. He presumably did this question by a recent report by Anne with the intent to obstruct the investigation. Brasseur, a representative of the He has voting rights and $5 million. Luxembourg Democratic Party and president of the Council of Europe’s Jack Warner (Former President of parliamentary assembly. The report states CONCAF and Former Vice President of that Rojas does not have “the requisite FIFA) Jack Warner is a Trinidadian former experience of conducting criminal or President of CONCACAF and Vice financial investigations” necessary to chair President of FIFA. He was banned from the committee. “her lack of knowledge of football-related activities for life in 2015 and English and French is a major obstacle, as is currently indicted by the US government almost all documents [relevant to the for corruption. He was found to have investigations] are in one of these two received $10 million in bribes, sent on languages.” The report suggests that her behalf of South Africa, in return for his vote capacity to examine confidential work is for South Africa to host the 2010 World limited because she often requires Cup. While the money was meant to be used translators who do not have the necessary for the Caribbean Diaspora Legacy clearance to view confidential documents. Programme (a program meant to develop However, much of the criticism of Rojas football in the Caribbean), it was arguably comes down to the fact that she is largely understood that it was, in fact, a bribe to seen as failing in terms of investigating the 6
FIFA EthicalMUN II Crisis Russian doping scandal. Currently, Rojas is committee members if the investigatory responsible for investigating Vitaly Mutko branch comes up with findings about them. along with any Russian footballers who may have broken the rules surrounding doping. Mohammed bin Hammam (Former President of the AFC) She has voting rights and the power to start Mohammed bin Hammam is a Qatari former investigations into different crisis committee President of the Asian Football members (chairs will give results of Confederation (AFC). In 2011, he ran investigations). against Sepp Blatter for President of FIFA and promised that he would bring more Vassilios Skouris (Chair of the transparency to the position.20 However, he Adjudicatory Chamber of the FIFA Ethics Committee and the Former withdrew his candidacy three days before President of the European Court of the vote when it was discovered that he paid Justice Vassilios Skouris is the Greek chair of the $1 million to 25 members of the Caribbean Adjudicatory Chamber of the FIFA Ethics Football Union in exchange for their votes. Committee and the former president of the Additionally, he was suspected of being European Court of Justice. As chair, he involved in a vote-trading pact with Angel oversees rulings made by the adjudicatory Maria Villar Llona which was designed to chamber. Skouris is a well-respected and help Qatar’s World Cup bid. This caused holds honorable distinctions from the Greek, him to be banned for life from football- Cypriot, Austrian, French, Romanian, and related activities. He later appealed this ban. Italian governments.18 While the However, he received a second life ban appointment of Skouris was not when it was discovered that he had controversial, the Infantino’s effective firing “conflicts of interest” as president of the of Hans-Joachim Eckert, the judge who AFC.21 He has voting rights and access to preceded Skouris, was. By getting rid of $70 million. Eckert, many argue that Infantino was trying to hide information and that the firing of Michael J. Garcia (Former Chairman of the Investigatory Chamber of the FIFA Eckert was a “purge for reasons of self- Ethics Committee) interest from the FIFA president.”19 He has Michael J. Garcia is an American lawyer, voting rights and the power to try and judge, and former Chairman of the sentence (on permission of the chairs) Investigatory Chamber of the FIFA Ethics 7
FIFA EthicalMUN II Crisis Committee. In 2012, FIFA launched an Committee, and International Olympic independent investigation, led by Garcia, Committee. Nsekera was the first woman to into the bidding process for hosting rights of hold a seat on the executive committee.24 the 2018 and 2022 World Cups. Garcia She has largely focused her time on the finished his investigation in 2014 and wrote FIFA Council on anti-corruption work. She a 350-page report. However, FIFA and is one of the few members of this committee Hans-Joachim Eckert declined to release the who has actual experience in drafting anti- full report and instead released a 42-page corruption legislation.25 She can issue summary. Garcia described the summary as official suggestions for appointments and “materially incomplete,” and stated that it dismissals of FIFA Executive Officials had “erroneous representations of the facts (President, VP, Secretary-General, Different and conclusions [of the original report].” For FIFA Committee Chairs, etc.) and has this reason, the Associated Press wrote that voting rights. Eckert’s summary “was denounced by critics as a whitewash.”22 Garcia appealed Sunil Gulati (Former President of United States Soccer Federation) the decision to not release the report to the Sunil Gulati is the American representative FIFA Appeal Committee. The Appeal of the FIFA Council and the president of the Committee deemed Garcia’s appeal “not United States Soccer Federation (USSF). He admissible.” Garcia resigned a day later in was widely criticized for a lack of leadership protest citing “a lack of leadership” and lost after the US Men’s National Team confidence in Eckert’s independence from (USMNT) failed to qualify for the 2018 FIFA’s oversight.23 He has voting rights and World Cup. For this reason, he is not can indict and sentence (on permission of seeking reelection in the 2018 USSF the chairs) individuals if trial is in a court presidential election.26 Despite his supposed under jurisdiction of NY State Court of failures with the USMNT, Gulati has Appeals. managed to keep the USSF largely clear of the FIFA corruption scandal.27 Though Lydia Nsekera (Member of the FIFA Gulati was close to Chuck Blazer, there are Executive Committee) Lydia Nsekera is a Burundian member of currently no major links between the USSF the FIFA Council, FIFA Executive and the scandal. In fact, Gulati was one of Committee, FIFA Women’s Football several FIFA Executive Committee 8
FIFA EthicalMUN II Crisis members to call for the release of the full executive decisions about appointments and Garcia Report.28 He can issue official dismissals within FIFA, make decisions suggestions for appointments and dismissals about governance of football in Asia, and of FIFA Executive Officials (President, VP, has voting rights. Secretary-General, Different FIFA Committee Chairs, etc.), has voting rights, Michel Platini (Former President of UEFA) hire and fire members of the USSF, and Michel Platini is a former French player make decisions about governance of football considered to be one of the best footballers in the US. of all time and was subsequently a football administrator. Platini served as the French Sheikh Salman bin Ibrahim Al-Khalifa national team coach for 4 years before being (President of the AFC) Sheikh Salman bin Ibrahim Al- Khalifa is elected the sixth president of UEFA, serving the President of the Asian Football from December 2007 to December 2015. Confederation and a Vice-President of Platini was involved in the 2015 corruption FIFA. He assumed office on May 2, 2013. scandal. Swiss prosecutors accused then Additionally, he is a member of the FIFA FIFA president Sepp Blatter of making a Council and chairman of the FIFA “disloyal payment” to Platini of $2 million. development committee. Amid the Swiss attorney general Michael Lauber corruption scandal, Salman was seen as a claimed that Platini was investigated and quality alternative to Sepp Blatter and many questioned by the Swiss government, and believed he would be the next president of Platini was placed under special FIFA. In October 2015, Sheikh Salman investigation by the FIFA ethics committee announced his candidacy to become the in September of 2015. On October 8, 2015, FIFA’s next president. During the campaign, Platini was provisionally suspended for 90 several allegations of using money from days and then, on December 21, Platini was development project funds to finance his barred from football for eight years. The campaign as well as allegations of forming committee stated that Platini "did not show illegal alliances to influence the election commitment to an ethical attitude during his ended up costing him the election. He was tenure.” He has access to $140 million and defeated by the UEFA Secretary-General at has voting rights. the time, Gianni Infantino.30 He can make 9
FIFA EthicalMUN II Crisis Edson “Pelé” Arantes do Nascimento praised for being a visionary and attempting (Former Football Player) to put the tiny country of Qatar on the map. Edson Arantes do Nascimento, commonly Yet the decision to place the World Cup in referred to as Pelé, is the widely regarded as Qatar was met with tremendous amounts of the greatest footballer ever. He played for criticism from football experts and human the Brazilian national team and the club rights groups. Among the concerns are the teams Santos and New York Cosmos. After climate in Qatar, human rights abuse of his retirement from football, Pele became an laborers, the high expected cost, and the outspoken critic of Brazilian football various allegations of bribery involved in the administrators in 1990s. In 1993, Pele bid for the location. Several former FIFA publicly accused Ricardo Teixeira, then the officials have publicly admitted the decision president of the Brazilian Football was a mistake, including Sepp Blatter and Confederation, of corruption. Pele also Theo Zwanziger. The decision was often heavily criticized FIFA’s decision to put the cited as one of the main examples of 2016 World Cup in Brazil, a country rife corruption in FIFA during the 2015 scandal. with poverty, because of the amount of He has $2.4 billion and has voting rights. money Brazil’s government would be forced to spend. Pele also called the 2015 Vitaly Mutko (President of the Russian corruption scandal “a shame,” and criticized Football Union) FIFA’s leadership. He has $100 million, can Vitaly Mutko is the Deputy Prime Minister call for protests/demonstrations throughout of Russia and the Russian Football Union the Americas and Europe, and has voting President. He assumed office in October rights. 2016 and was previously the Minister of Sport. In that position, Mutko was the Sheikh Hamad Bin Khalifa Bin Ahmed chairman of Russia’s successful bid for the Al-Thani (Former Emir of Qatar) 2018 World Cup. Mutko was criticized for Hamad Bin Khalifa Bin Ahmed Al-Thani is saying there was corruption in English a member of the Qatari royal family and was Football, a rival bidding nation, but later the Emir of Qatar (the country’s highest said, "What I meant was that sometimes the position) from 1995-2013. Under his English media say there is corruption in leadership, Qatar won the bid to host the Russia, but I meant that if you dig deeply 2022 World Cup. Initially, Al-Thani was you find corruption in any country." He was 10
FIFA EthicalMUN II Crisis also appointed to FIFA’s Executive Committee in 2009. In 2015, Mutko was accused of complicity in a wide range doping scheme involving the Russian Track and Field Team. Though some said it was impossible for him to be aware of it, he was banned for life from Olympic games by the International Olympic Committee. Because of the doping ban, Mutko is expected to step down from his post as Russian Football Union President as of February 2018. In March 2017, Mutko was barred from seeking re-election as a member of FIFA’s council due to his governmental position.37 He can make executive decisions about governance and policy of Russian government (including hiring/firing), make executive decisions about governance of Russian football, and has voting rights. 11
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