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Running head: CORRUPTION IN SPORTS 1

Corruption in Sports

Cameron K. Fischi

Legal Studies Academy Research and Writing


CORRUPTION IN SPORTS 2

Abstract

Winning is the goal in sports; but there are people who go behind the rules to win. Corruption

within sports is becoming a prevalent problem with all ages. In today's world, high school sports

are being corrupted, which lead to college and professional sports being corrupt. Performance

enhancing drugs and sports gambling are the two main types of corruption, but there are a

multitude of other forms. This paper will outline and describe the different forms, while giving

examples and evidence to back up my case. The paper entails a court case, a profuse amount of

laws, and the consequences. After reading this paper the goal is for the reading to have a better

understanding of the corruption within sports.


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Corruption in Sports

The days of just playing amateur sports have significantly changed; elite athletes at all

levels are becoming more competitive with a greater emphasis on winning. The mindset

imprinted on athletes has caused them to find different ways to make themselves better than their

competition. The two main forms of corruption include fixing games through gambling and

performance enhancing drugs. Depending on the person, the question of whether or not gambling

and performance enhancing drugs should be legal in sports is when the line becomes blurry.

Essentially, the question is asking if whether or not people want to see some players with unfair

advantage, while others do not. This is called cheating. In reality, players are always trying to

find different ways to give them an upper hand; however, this could be limited if performance

enhancing drugs and gambling were legalized. The National Center for Biotechnology

Information, a government run website, states that performance enhancing drugs improve a

person’s strength, endurance, and allow the body to recover quickly from vigorous exercises

(Handelsman). Sports gambling can best be described through The Professional and Amateur

Sports Protection Act of 1992, also known as the Bradley Act, attempts to define the legal status

of sports betting throughout the United States (Handelsman). This act effectively outlawed sports

betting nationwide, excluding a few states. The topic of sports gambling and performance

enhancing drugs has been a hot topic in sports, especially in the National Basketball Association

and the NCAA Men’s Basketball.

Performance Enhancing Drugs

In the United States of America there are about 21.5 million kids between the ages of 6

and 17 playing team sports (Atkinson). Out of those 21.5 million kids, only 7.8 million of them

play high school sports (Atkinson). Roughly 8 million students play high school sports, and
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from those eight million, only 460,000 compete in NCAA sports (Atkinson). Out of the 460,000

college athletes, only tiny fractions play a professional sport. The chances of someone becoming

a professional athlete are slim. Some athletes even think they have the inside track to athletic

success- performance enhancing drugs. Performance enhancing drugs are chemicals used to

increase any form of activity performance in humans. Athletes’ competition constantly

continues to become more challenging, and because of this, athletes need to find a way to make

themselves better than their competition. Athletes will do whatever it takes to become better

than their competition. This mentality makes athletes use performance enhancing drugs, so they

are able to be better than the competition the person is competing against. However,

performance enhancing drugs are a form of cheating and are illegal in the United States. Using

performance enhancing drugs improves a person’s strength, endurance, and allow the body to

recover quickly from vigorous exercises (Handelsman). Performance enhancing drugs also

create health problems that include liver and kidney damage, cholesterol problems, impair heart

functions, lung blood clots, and many more serious health problems (Handelsman). Taking

performance enhancing drugs comes with a mammoth risk. While the benefits of taking

performance enhancing drugs improve one, it is not worth the risk of being banned from the

sport and the health risks. Subsequently, there are people who favor the legalization of

performance enhancing drugs. People who are pro legalization of performance enhancing drugs

argue that the pressure of athletes is focused on winning or being in first. This mindset for

athletes has tempted even more athletes than ever before. Even though performance enhancing

drugs has been given a negative connotation, it actually can have a positive impact on sports. If

performance enhancing drugs were legalized, doctors would be able to limit the side effects

(Handelsman). Nevertheless, the skeptics are going to question the ethical concerns behind using
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performance enhancing drugs and its fairness and clarity of the game. Each sport has a set of

guidelines in place to prevent and or stop athletes from gaining an unequal advantage or

opportunity. The use of performance enhancing drugs infringes all such ideas of equality and

fairness. However, arguments have been made that genetic predisposition provides an unfair

advantage because some people are naturally more fit than others (Handelsman). An example of

when genetics have increased the athlete’s abilities is three-time cross-country skiing gold medal

winner Eero Mäntyranta. He had a genetic mutation had caused him to have naturally higher red

blood cell counts. At the end of the day, most people come to the events to enjoy a nail biting

finish. In the fan's eye, sports are an entertainment. Fans come to sporting events to watch

athletes play good and win. A way to play better and increase a chance in winning is by using

performance enhancing drugs. No fan wants to watch a 1-0 baseball game or a 7-3 football.

Fans come to see excitement, and performance enhancing drugs is a way to bring more

excitement to sports!

Performance enhancing drugs is becoming a popular trend with baseball players. The

Major League Baseball (MLB) has enforced a system to crack down on players using

performance enhancing drugs. Manny Ramirez was a talented hitter who could not stop taking

steroids. His first offense occurred in 2009 because he tested positive for human chorionic

gonadotropin. He received a 50 game suspension. In 2011, Ramirez failed again, so he faced a

100 game suspension, but he chose to retire. After a year into retirement, Ramirez asked to be

reinstated, but in order for that to happen he had to serve another 50 game suspension (Jussim).

Another example, is Dee Gordon, a quick infielder for the Miami Marlins at the time. He

received an 80 game suspension for violating MLBs performance enhancing drug policy

(Jussim). Starling Marte, another talented baseball player, who can be added to the list of players
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who tested positive for performance enhancing drugs. The Biogenesis scandal exposed Ryan

Braun and Alex Rodriguez of using performance enhancing drugs. Ryan Braun, a top outfielder

in the league, was suspended 65 games. Alex Rodriguez, a superstar in the MLB, was suspended

211 games. Two baseball players who allegedly took PEDs are Roger Clemens and Barry Bonds.

Throughout Mr. Clemens baseball career he has always denied the accusations of using

performance enhancing drugs, but there is still a suspicion that he used back in the day. Barry

Bonds was caught up in a scandal with steroids, which he claims he did not know they were

steroids. He was convicted of obstruction of justice charges, but they were later overturned

(Jussim). Bonds was cleared of all his charges, but he is still un able to be in the Hall of Fame

because of the performance enhancing drug scandal. These drugs have increasingly became more

popular throughout the game of baseball and the MLB needs to find a solution in order to keep

the game fair.

Sports Gambling

Sports gambling can be best defined as a betting action involved with the prediction of a

sporting event and placing a wager on the outcome of that event in order to win money (Fox).

Sports gambling may seem like a simplistic idea on ground level, but it is more complex than it

sounds. Betting on a game can lead to bribery of a public official, fraud, and corruption within

the sport; these crimes are all considered federal charges. According to Legal Information

Institute, a reputable online legal website that has provided law since 1992, 18 U.S. Code § 201 -

Bribery of public officials and witnesses

Whoever—

(1) directly or indirectly, corruptly gives, offers or promises anything of value to any
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public official or person who has been selected to be a public official, or offers or

promises any public official or any person who has been selected to be a public official to

give anything of value to any other person or entity, with intent—

(B)

to influence such public official or person who has been selected to be a public official to

commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for

the commission of any fraud, on the United States; or

There has been a recent scandal of bribery within NCAA Men’s Basketball. The Federal

Bureau of Investigation (FBI) has been investigating the NCAA for awhile now, and a couple

months ago, four college basketball coaches were charged with federal fraud and corruption.

Also, major sporting companies and representatives were charged with federal crimes from the

fallout. Coaches of different schools at top basketball programs were receiving cash bribes and

employers of Adidas were funneling money to high school recruits and their families. The

investigation has continued for the FBI and United States Attorney Offices (USAO), which has

led to the discovery of more bribes from athletic advisors to student athletes. The NCAA has had

numerous problems with corruption in sports, but the Boston College point shaving scandal is at

the top of the list. In 1980, the fixing of games was uncovered because of the Lufthansa heist.

The Lufthansa heist was $6 million robbery at Kennedy Airport in 1978- one of the largest cash

thefts in American history (“Mobster”). The heist inadvertently occurred during the point

shaving scandal. Hill, a person that took action in both the heist and fixing, accidentally talked

about the point shaving operation when he was being interrogated for the heist. After Hill spilled

the beans about the game fixing, the FBI investigated into Boston College and was able to find a

conspiracy. Some people think that if Hill did not say anything about the fixing, then the crew
CORRUPTION IN SPORTS 8

might have been able to pull off the fixing of Boston College games (Gary). Just like any new

stories, there were two different stories. The story told by the basketball players was that they

only had a vague conversation with the gamblers, while the gamblers claimed they had multiple

players participate in the point shaving. From the article, the gamblers circled nine specific

games they were going to fix. The first of the conspiracy was the Boston College vs. Providence.

Boston College was projected to win a close basketball game, but the Eagles lost by a lot, which

cost the gamblers big bucks. Another example was Boston College vs. Harvard. Harvard was

projected to get blown out; however, they battled and lost by 3 points. The gamblers wanted a

close game, and they received a close game, which made them content. Because of the close

game, a large sum of money on the Boston College vs. BC- Holy Cross rivalry game. The

gamblers told the players that they need to lose by more than three points. After the star player

intentionally fouled out for BC, they somehow managed to lose 98-96, which caused the

gamblers to lose all their money (Gary). There was never any proof that point shaving was

intentional, but the conspiracy is all the court system needed to convict the victims of the

scandal.

Paper Classes

The University of North Carolina at Chapel Hill is a prestigious public university and a

well known school with top tier sports programs. A couple years ago, athletes from UNC filed a

lawsuit against the university and the NCAA arguing that the athletes were not offered a high-

class education because of second-rate courses, also known as paper classes (Svrluga). A paper

class is an easy class that is designed for athletes to pass with ease. The purpose of paper classes

were “Minimal or no teaching and immensely generous grading for tasks that took minimal time

and effort”(Svrluga). The lawsuit charges the NCAA of negligence, declaring that “The
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organization had previous knowledge of academic fraud in member schools’ athletic programs;

however, the organization failed to supply sufficient monitoring. It violates the contract against

the university for not allowing academically sound classes with legitimate educational

instruction” (Svrluga). This is a perfect instance how colleges view sports compared to

academics. UNC is just one of many schools who give priority to college athletics and the money

it brings in for the school instead of caring about the athletes education. The NCAA ruled that

UNC did not violate academic fraud (Svrluga). North Carolina had no penalties from the scandal

because no rules were broken. The reasoning behind why UNC will not be punished for the

scandal is because the panel that analyzed the case “could not conclude that the University of

North Carolina violated N.C.A.A. academic rules,” the NCAA stated in an announcement

(Svrluga).

National Basketball Association

A controversial topic for many decades in sports became even more vexed when Adam

Silver, NBA commissioner, stated that he was in favor of legalizing sports betting in the NBA

(Mcgugan). His reasoning is how prevalent gambling has been in all sports. Gamblers want to

find a way to fix the game, and basketball is the easiest game to manipulate. Basketball is the

easiest because there is such more scoring, and if one person were to have a bad game, it could

easily change the outcome of the game. Bookies will put a spread on the game; a spread is when

the better team is favored to win by 15. Then a gambler will put money on the game that the

underdog will lose, but by less than 15. A way to make sure the underdog loses by less than 15

is to pay a player or players to make sure the underdog team loses by less than 15. If the players

lose by less than 15, then the gambler will win a certain amount of money. By making sports

betting legal, bookies will do anything possible to make sure the games are not fixed. Ian
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McGuan talks about many example of games being fixed, examples of solutions and proof of

how legalizing sports betting has helped the sport. Also, a well written article by Ian Mcgugan

titled Risk Factor has a few reliable and current statistics that help prove why gambling should

be legalized. Not only does the article talk about basketball; it also ties in other sports,

organizations, and countries. The article also has different research from prestigious universities

that include Stanford University and the University of Michigan (Mcgugan).

Legal Aspects

The U.S. government feels it is time for a change. Originally the Professional and

Amateur Sports Protection Act of 1992 (PASPA) and the Wire Act of 1961 set precedent over

other laws, however; after many legal altercations, the court system created the Unlawful

Internet Gambling Enforcement Act of 2006 (DOJs). The Professional and Amateur Sports

Protection Act of 1992 is a federal statute that makes it unlawful for a state to "authorize by law"

sports betting (DOJs). The Department of Justice (DOJ) amended the Wire Act to “prohibit any

telecommunicated wager placed or received by a person located in the United States; this

includes Internet wagers placed and accepted within the same state violated the Wire Act.” In

2006, Congress came to the realization that a new law in total was needed for sports gambling.

So, Congress dropped the Wire Act and created the Unlawful Internet Gambling Enforcement of

2006. The Unlawful Internet Gambling Enforcement of 2006, “prohibited the acceptance or

processing of a financial instrument for the purpose of ‘unlawful Internet gambling’ but did not

directly define that term, instead relying on other federal and state laws as to what wagers were

illegal” (DOJs). In summary, the act bans the gambling community from allowing settlement in

exchange for another person partaking in betting through the Internet and that breaks any laws

(DOJs).
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The governor of the state of New Jersey took the National Collegiate Athletic

Association to the Third Circuit Court of Appeals because of sports gambling. The issue

surrounding the case deals with the unfinished rescind of its banning on sports gambling

(DeJarnatt). In 2014, New Jersey legislative system repealed a statewide ban on sports gambling.

After the repeal, the law allowed for sports betting at casinos and racetracks; however, the repeal

violated the Professional and Amateur Sports Protection Act. Because of the law being altered,

this “...Permitted certain entities to engage in sports gambling while not permitting others to

engage in sports gambling, resulting in an authorization by law for those entities permitted to

engage in it” (DeJarnatt). Congress offered New Jersey an opportunity to enact a sports gambling

law within one year of ratification, but New Jersey chose not to legislate any laws.

Consequences

According to the NCAA, “The repeat-violator legislation (“death penalty”) is applicable

to an institution if, within a five-year period, the following conditions exist:

● Following the announcement of a major case, a major violation occurs and

● The second violation occurred within five years of the starting date of the penalty

assessed in the first case. The second major case does not have to be in the same sport

as the previous case to affect the second sport.

● Penalties for repeat violators of legislation, subject to exemptions authorized by the

committee on the basis of specifically stated reasons, may include any of the

following:

○ The prohibition of some or all outside competition in the sport involved in

the latest major violation for one or two sport seasons and the prohibition
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of all coaching staff members in that sport from involvement (directly or

indirectly) in any coaching activities at the institution during that period

○ The elimination of all initial grants-in-aid and recruiting activities in the

sport involved in the latest major violation in question for a two-year

period.

○ The requirement that all institutional staff member serving on the NCAA

Board of Directors; Leadership, Legislative, Presidents or Management

Council's; Executive Committee or other Association governance bodies

resign their positions. All institutional representatives shall be ineligible to

serve on any NCAA committee for a period of four years and

○ The requirement that the institution relinquish its Association voting

privileges for a four-year period.”

Southern Methodist University (SMU) is an example of a school who received the death

penalty. The sports programs at SMU have not been the same ever since the horrific incident.

SMU was in the Southwest Conference for football, but after the death penalty and other

scandals, there was no more conference (Dodd). The penalty caused SMU to no longer be a

major college football program. Ever since the death penalty, SMU has not been the same

school. When the Big 12 was formed, SMU was not invited into the conference, coaches no

longer want to coach at SMU and have only had three winning seasons since the scandal (Dodd).

It is safe to say, SMU still has not been able to fully recovered from this incident.

Throughout the years, there have been schools on the verge of receiving the death

penalty, but none were as fortunate as SMU. In 2005, Baylor basketball was almost eliminated

because of the Patrick Dennehy murder, academic fraud, unethical conduct and hidden drug
CORRUPTION IN SPORTS 13

positives (Dodd). The punishment for the program was that they were only allowed to play

conference basketball games that season. The 2012, Penn State Jerry Sandusky sexual abuse

scandal caused the football program to not be able to play in a bowl game for four years and the

program lost 40 scholarships (Dodd). Penn State was an exception to rule because they were

somehow able to recover rather quickly from the penalties. Reggie Bush, a former running back

for Southern California, (USC) created a mess for the school. The Trojans received a two year

ban on bowl games, lose of 30 scholarships, the Trojans no longer can say they won the 2004

national championship and Bush got his Heisman Trophy taken away (Dodd). These are just a

couple recent scandals that show how college sports has become more corrupt than ever before.

Collegiate Example

Derrick Rose is a basketball player who went to Memphis University. He failed the ACT

multiple times, so for the SAT he had someone take his test under his name. The NCAA found

out that Derrick Rose was not eligible to play collegiate basketball because another person took a

test for him. As a result, the Memphis Tigers were stripped of their school high 38 win and their

Final Four trophy (Ryan).

High School Example

Corruption in sports has weaved its way into high school football. Here in Virginia

Beach, is a prime example of a high school coach corrupting the game. Ocean Lakes head

football coach, Chris Scott, was suspended for three games and most of preseason practice, and

placed the program "on warning" for three years, according to Virginia Beach City Public

Schools. The Ocean Lakes Dolphins went 15-0 and capped the season off by winning the

Virginia state championship. The VHSL has a specific rule that prohibits schools to allow

students to transfer from one school to another school for sports (Frankenberry). Nancy Farrell,
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the principal at First Colonial High School stated in a letter “The Beach District Executive

Committee regrets this was deemed necessary.”

Professional Example

Not only is baseball corrupted with performance enhancing drugs; they also had a

gambling scandal with a former coach. Pete Rose, former Cincinnati Reds coach, was banned

from the MLB. Pete Rose was banned from the MLB because he would bet on his team to win

when he was the manager for the Reds. When the argument of whether or not Pete Rose should

or should not be banned,the popular question is “Pete Rose only bet on the Reds to win when he

was the team’s manager. He believed in his club. How can that justify lifetime banishment from

baseball?” (Rodenberg). In spite of that, the MLB has a rule stating “Any player, umpire, or club

or league official or employee, who shall bet any sum whatsoever upon any baseball game in

connection with which the bettor has a duty to perform shall be declared permanently ineligible.”

This is a hot topic because many people believe his punishment did not fix the crime. Contrary,

there are many people who believe he should still be banned from the MLB. No matter the side,

both can agree that betting on the game is corrupt. It is corrupt because it erodes the honor within

the game, while still exposing the league by showing who controls the game (Rodenberg).

Conclusion

Corruption has found ways to spread into a variety of sports and this creates serious

consequences, such as towering societal, economic problems, and pervades the whole sports

community (Dimant and Deutscher, 2015). With corruption occurring in sports, this eliminates

the crucial aspect of the unpredictability of the outcome it brings to the fans. Having said that,

corruption affects the ground of sporting integrity within the game (Cashmore and Cleland,
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2014). Corruption within sports is inevitable, but there are still different ways for each sports

league to prevent corruption. Some sports celebrities can bring out corruption by betting on

games. The betting of games can lead to fix matches, which alter the outcome of the game. The

toughest part about corruption is that it is not obvious to detect. Corruption can sometimes be

unnoticeable, which makes it that much harder to try and prevent corruption. With an increase in

corruption, the government and national sporting entities have teamed up to try and find

corruption that include: “Backing of national schemes on match fixing and sports doping; setting

up of sport probity entities both at the state level and by separate sporting principles;

incorporation of expert intelligence entities in law implementation agencies; and institution of

significant criminal offences in national and territory legislation” (Bricknell, 2015). Sports have

started to become a national newspeak and have expanded commercially and this is partially due

to the corruption within sports (Brooks et al., 2013). With corruption being a presiding force in

today’s era, it must be stopped so the integrity of the sport is unaffected.


CORRUPTION IN SPORTS 16

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