Can the CBF (Brazilian Football Confederation) contribute to the investigations against Lucas Paquetá?

Bets I 23.08.23

By: Magno José

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Match-fixing and sports betting
According to Filipe Senna, partner at the law firm Jantalia Advogados and specialist in Gaming Law, in the case of the CPI-FUTE (Parliamentary Commission of Inquiry into Football), there is indeed a possibility of hearing the player's testimony regarding the alleged match-fixing, in order to obtain information and improve the quality of the legislation that is intended to be consolidated in Brazil.

Target of investigations for alleged involvement in betting in England, where he plays for West Ham in the Premier League, Lucas Paquetá has experienced a career setback in recent days: in addition to being dropped from the latest Brazilian national team squad, rival Manchester City reportedly dropped an offer of around £70 million to sign him following the controversy, according to information from the Daily Mirror newspaper.

The athlete's testimony to the Football Association (FA) was scheduled for last Monday (21), but was postponed. A new date has not yet been set for Lucas Paquetá to formally present himself to the English football federation, however, the entity's history of oversight is rigorous, having led to investigations of other athletes who play in the Premier League.

It's worth remembering, however, that the bets originated on Paquetá Island, in Rio de Janeiro, where the athlete was born, using the Betway website. Therefore, even though the match took place in the United Kingdom, would it be possible for the Brazilian Football Confederation (CBF) to contribute to the investigations against Lucas Paquetá, in conjunction with the Parliamentary Commission of Inquiry into Football Match-Filing?

According to Filipe Senna, partner at the law firm Jantalia Advogados and specialist in Gaming Law, in the case of the Parliamentary Commission of Inquiry (CPI) on match-fixing in sports competitions for betting purposes currently before Congress, there is indeed a possibility of hearing from the player regarding the alleged match-fixing in order to obtain information and improve the quality of the legislation that is intended to be consolidated in Brazil. "As a rule, the participation of the CPI or the CBF (Brazilian Football Confederation) is not necessary for the investigation of these potential match-fixing incidents, since they occurred in another jurisdiction, in another country, in an international sporting competition," explains Senna.

According to the expert, the most that the Parliamentary Commission of Inquiry or the Brazilian public authorities could contribute is with records of financial transactions and any internet access on Paquetá Island, from where the suspicious bets originated. "But, as a rule, all investigations and trials take place within the scope of the Football Association and FIFA itself," he points out.

What are the consequences for Betway?

If manipulation of results and sports statistics is confirmed in this case involving the athlete Lucas Paquetá, there are no direct implications for Betway, the sports betting operator where the suspicion arose regarding the match-fixing in which the athlete allegedly participated, resulting in a yellow card being issued by the referee. This is because the company complied with all rules and regulations regarding the disclosure of alleged match-fixing so that it can be investigated by the competent authorities in England.

“If this manipulation is proven, Betway has fulfilled its role of informing and disclosing these alleged manipulations to the competent authorities. It is only necessary for them to comply with the rules and laws relating to the integrity of the sport, the preservation of sporting competitions, and the mitigation of manipulation in these competitions,” Senna assesses.

It's also worth noting that Betway ends up being a victim of match-fixing, not the instigator, as many people believe. As the lawyer explains, it's common for these companies to define a budget plan for each sporting event offered on the site, with average receipt and payout amounts based on statistical analysis.

“When match-fixing is proven, this budget planning fails because there is a very large difference between the amounts wagered and the amounts actually paid out in a so-called 'split-rate' game, where the amounts spent by bettors are often used to pay other winning bettors. Therefore, Betway ends up being a victim, not an instigator, in match-fixing, whatever the circumstances,” concludes the lawyer.

 


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