Practical insights for compliance and ethics professionals and commentary on the intersection of compliance and culture.

Fraud in sports: Doping scandals

This is the fifth and final post in a series of five posts on the topic of fraud in sports.  The first post, from December 5, was about cheating in marathons and how incidences of it are exposed, investigated, and disclosed to the public.  The second post, on December 12, was about fraud and falsification among thru-hikers within the long-distance hiking community.  The third post, from December 19, was about fraud in sports from gambling and betting.  Last week’s post focused on fraud in sports via game/match fixing. Today’s post will be about major doping scandals in different sports and will discuss the ways some very high-profile athletes cheated by doping, how their uses of performance enhancing drugs were supported or not identified by various institutions, and how individuals impacted for various reasons by doping have dealt with this in the aftermath.

Doping has been a controversial topic in the sports world for decades, as scandals over the use of performance-enhancing substances in various athletic programs have recurred unrelentingly.  Revelations of doping by athletes, both on their own and as part of national athletic programs that have sponsored and aided them in taking drugs to artificially aid their performance, have been in the news constantly.  Heroes from sports have been knocked off their public pedestals as the truth of their cheating and drug use has been revealed.  Olympians and world champions have lost their medals and records, while state athletic systems have put the chances of future athletes, now innocent of any wrongdoing, of competing on the world state at risk because of prior systematic unethical decision-making.  Athletes who competed “clean” have been robbed of their moments of glory and missed out on professional opportunities they would have had, if they had not been bested by other athletes competing unfairly while taking performance-enhancing drugs.  Sponsors have invested in athletes based upon unreliable, misrepresented statistics.  Above all, the integrity of the game for other participants as well as spectators has been impaired and thrown into great doubt and uncertainty.

The ways athletes dope are as varied as the sports and events in which the fraud takes place.  The one reliable fact about the fraudulent use of performance-enhancing drugs in professional sports is that ongoing administrative efforts to test for it and oversee institutional protections against it are seriously lacking.  Regulatory bodies, whether part of the athletic programs or connected to national programs or international organizations, are often inadequately supervised, incompetent for the task, or insufficiently resourced.  Until major change takes place in the control frameworks and supervisory structures which exist to protect the integrity of sports from cheating and dishonesty, doping scandals will continue to undermine the credibility of athletic programs and events.

  • The Russia doping scandal has been in the news unrelentingly for several years, stemming from accusations of state-sponsored doping during the 2014 Winter Olympics in Sochi, Russia.  Claims of systematic doping in Russia, supported by the state system there which for decades has been well-known as one of the most intense and involved national programs in the world, have dogged the state officials, the athletes both from past delegations and with future ambitions of competing, and the International Olympic Committee (IOC).  After investigations which have been dogged every step of the way with unreliable information from state-sponsored anti-doping testing centers and repeated discrediting of various athletes from past Olympics, the IOC decided to ban Russia from sending an official delegation to the 2018 Winter Olympics in Pyeongchang, South Korea.  Russian athletes will still be eligible to attend as neutral delegates, but pride of representing their country or the opportunity to stand on a medal podium for it will not be possible.  This story will continue to unfold and promises to hold only further dishonor and disappointment on many sides:  Russia doping scandal
  • For sure the continuing drama with Russia’s state sport system will go on right away, as Russia is hosting the 2018 World Cup.  This creates an uncomfortable situation for FIFA.  In the aftermath of the IOC banning Russia from the 2018 Winter Olympics under the cloud of doping suspicions, public outcry has grown for FIFA to consider banning or punishing Russia in the 2018 World Cup as well.  This is a considerably more awkward proposition, as Russia is the host of the upcoming 2018 World Cup, and FIFA is no stranger to its own controversies from legal accusations of corruption and bribery by its officials in various countries.  It is difficult for FIFA to ignore that the current controversy around Russia stems from when Russia hosted the Olympics in 2014.  Russia hosting the World Cup in 2018, then, is fraught with concerns about integrity of game play if the host country fields a team.  Barring the Russian delegation from competing in an event their country is hosting is hard to imagine, but may be just the sort of consequence that could make necessary change begin to take root:  After IOC Bans Russia From Winter Olympics, FIFA Has To Decide About World Cup
  • Despite his once-storied history as a cyclist, cancer survivor, and inspiring public figure, Lance Armstrong is best-known now for something much less honorable.  His enduring legacy as of now is of having doped for years, evaded being caught by any testing efforts, denied it constantly and extremely publicly, and then faded from the public eye upon convincingly being exposed as a cheater and a liar.  While much has been written about the puzzling and complex psychology of someone who would pull off such a brazen and persistent fraud while holding himself out as the paragon of honesty and motivation for achievement, one of the more interesting questions has always been how he got away with it for so long.  It was definitely a team effort, and subsequent reports have shown that indeed Armstrong and those who supported him and benefited from his ongoing performance created a wide-spread doping program in which they studied and exploited weaknesses in the anti-doping system and brazenly avoided detection and testers:  Report Describes How Armstrong and His Team Eluded Doping Tests

Years after his precipitous fall from grace, Armstrong is seeking to rehabilitate himself in the public eye by doing a podcast and seeking a return to his position as the foremost expert in Tour de France inside knowingly and cycling expertise.  With his race victories erased by the disclosure of his doping that got him to them, Armstrong is seeking both a platform and an identity, and wants to connect both to the sport in which he was once an idol.  However, the dishonesty of his eminence in the Tour de France while he was cheating to sustain his achievements make it difficult to imagine redemption or even revisionist acceptance of his actions to bring visibility to the sport of cycling:  Lance Armstrong: ‘A man with no platform is a lost man’ 

  • Chris Fromme is a successor to Lance Armstrong in the world of professional cycling. For years, cycling has been tormented by disclosures of doping and the impact of drug abuse on the sport.  Athletes have been discredited and records vacated seemingly without end.  Fromme is one of the stars of a cycling squad, Team Sky, which is very vocal about their zero-tolerance policy for doping and their commitment to clean racing.  So, if his drug test results that indicate he’s doped are upheld, he could be subject to a yearlong ban and major reputational risk for both himself and his team.  Fromme is arguably the biggest superstar in cycling since Armstrong, so if he ends up discredited too, then professional cycling will have a major existential crisis on its hands.  An overhaul of cycling’s doping rules and enforcement practices to improve and simplify doping regulations could both improve credibility and ensure more transparency and clarity in the system in the future:   The Only Solution To The Chris Froome Problem Is The One Cycling Will Never Accept
  • Like cycling, track and field is another sport which has been oppressively troubled by allegations of doping and dishonesty.  Athletes in track and field were disproportionately impacted by the Russian doping scandal as it unfolded during the 2016 Summer Olympics in Rio, Brazil and showed that the world records, qualification times, and even prior medal-winning races lacked integrity due to the participation of athletes who were on drugs.  Many track and field stars, including some whose own careers had been negatively impacted by dopers who won medals and impacted sponsorship and professional chances they should have had, thought this was the moment for reform in anti-doping supervision and regulation.  However, this change has not come, and the opinion of athletes in the sport is unanimously that current drug testing schemes and rules are inconsistent and insufficient, do not work or represent the interests of athletes, and are therefore not fair to anyone:  We Asked Veteran Track & Field Athletes How To Possibly Fix The Doping Problem

One possible solution which has been bandied about is a reset of the annual records in track and field events to reflect only those from after 2005, which is when new anti-doping standards in track and field were implemented.  This may be an attempt at radical fairness, but it may be too much about optics and not enough about substance, and therefore not the right move to truly address and promote credibility in the sport: Track And Field May Scrap Its Records Because Of Doping Scandals. Is That A Good Idea?  Newer testing technologies, re-testing of old results to catch and bring to justice prior cheaters, and cultural encouragement of whistleblowers could all be better to improve the odds of catching sports dopers or discouraging them from cheating at all:  Sports Doping Cheats Fear Whistle-Blowers and Retests

If you enjoyed this series, look back to the ethical leadership in sports coaching series from last year.  Check out the last post in that series, which includes links to all the previous in the set.  In March, a new series on sports and ethics will begin, this time focused on integrity in game play and discussing topics such as the ethics of tanking, referee bias, penalty embellishment, and much more.

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Round-up on compliance issues in sports

Sports and business are close partners all over the world. From this intimate relationship between athletics and commerce comes a huge variety of compliance issues. Huge revenues are made by individuals and organizations connected to all sorts of sporting events, ranging from professional leagues in the United States to the Olympics or other international competitions, and everything in between. For fans, there are demands from all directions for their attention and money. For organizations such as league administrations and companies that work servicing the sports industry, ethical issues are aplenty in their consumer and trade practices.

  • Doping has been a hot topic in competitive sports since the public controversies over the use of performance-enhancing substances in baseball in the 1990s and early 2000s. Since then, revelations surrounding high-profile athletes and even national athletic programs that have engaged in doping have been unrelenting. The one constant is that testing and ongoing oversight programs seem to be unable to effectively eliminate doping practices. Agencies charged with oversight over doping testing are often insufficiently supervised or resourced. In the meantime, the doping trade is continually innovating and moving into new markets, such as Ethiopia:  Inside the doping hotspot of Ethiopia: dodgy testing and EPO over the counter
  • The summer’s heavily reported-on transfer of Neymar from FC Barcelona to Paris Saint-Germain has opened up the black box of transfer protocol among elite football players and their clubs and managers. Uefa, European football’s governing body, faced tremendous public, club, and league pressure to scrutinize the trade and contract negotiations for fair play considerations. As record-breaking deals are being made by clubs, transfer rules and good faith conduct in those deals are being questioned more closely than ever:  Record Neymar transfer threatens to shake up elite football
  • The system of discipline employed by the NCAA is well-known by all college football fans. These disciplinary actions range from probation from eligibility and bans from playing in championship bowl games to restrictions on recruiting and reductions in scholarship funding. However, is this discipline fairly applied or effective in reducing or eliminating future violations? Public opinion has long been that the NCAA singles out certain institutions for sanctions while turning a blind eye to others, possibly based upon how much attention the discipline will get in the media – so is the real purpose of the discipline not really deterrence, but just naming and shaming? The efficacy of the discipline in doing much more than causing embarrassment is uncertain, throwing the whole enforcement scheme into question:  How Damaging is Probation?
  • The NFL has been the subject of ongoing academic and medical criticism for its handling of the medical issues surrounding repetitive head injuries suffered by players. Studies in brains from deceased players indicate overwhelming evidence of damage consistent with chronic traumatic encephalopathy (CTE), a disease which impats the brain with devastating consequences, similar to Alzheimer’s. The NFL has historically pushed back against the evidence and even refused to let players see their medical records, with their defensive motivations clear – football is big business, and if people are afraid to let kids play football, or feel it is immoral to do so, because of concussion issues, then the future of that business is in doubt:  Head Games: The Moral Calculus of Football and CTE
  • As sports and business go together, so do sports and another major revenue exploiter: gambling. While the rules of athletic bodies often prevent players from gambling to avoid match-setting, it can’t be ignored that the tone of much of the culture around watching sports, at least, is dominated by betting companies. Gambling advertising regulations in sport are certain to be considered in response to the obvious commercial pressures that come from these advertisements which are splashed all over stadium interiors and television broadcasts:  High stakes for gambling firms as pressure grows to curb role in sport

Like the markets and the economies of the world, sports are becoming increasingly globalized as well. As athletes move around the world from one country to the next to work and compete, and as business standards are translated across cultures, expectations and norms become all the more complicated. The business of sports is sure to be a growth area for compliance considerations as the entertainment aspect of athletics continues to expand.

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Round-up on emerging compliance disciplines in diverse industries

Compliance programs of the last 20 years have taken the firmest roots in industries that are by definition highly-regulated or in those which have most potential for widespread damage from wrongdoing.  These range from pharmaceutical companies in the former group to financial services firms in the latter group.  Current trends indicate, however, that many other industries’ practices are being assertively investigated by the media, concerned citizens, and filmmakers. These investigations bring to light processes and practices that are governed by insufficient controls and often unethical cultures.

  • Doping in professional sport is under increased public scrutiny in the aftermath of scandals such as state-sponsored cheating by Russian athletes in the Olympics and the dramatic fall from grace of Lance Armstrong, who cheated without detection for years; as society deals with the fallout of these discoveries, far-reaching change in anti-doping programs is necessary:  Icarus: A Doping House of Cards Tumbles Down
  • Evolving tech company organizational culture is under fire again, this time at Google, with an employee-authored document questioning diversity initiatives going viral and suggesting that gender inequality and treatment of people of color remain systemic problems in Silicon Valley that current corporate governance systems are insufficient to address.  The employee in question was dismissed immediately, and Google leadership immediately started disclaiming the statements and apologizing, but it remains to be seen what substantive steps might be taken to actually address the root causes of this conduct and openly analyze the culture of compliance at Google.  Hopefully a self-appraising, progressive conversation can take place in Silicon Valley rather than denial of the systemic issues that lead to these events time after time: Google Employee’s Anti-Diversity Manifesto Goes ‘Internally Viral’ 
  • Cybersecurity grows all the time as a risk factor to businesses, with hackers constantly outpacing efforts to prevent their intrusions; now moving beyond breaking into office e-mail servers or ransoming files from zombie computers, these cyber-thieves are exploiting differences in national laws and vulnerable devices to rig slot machines in casinos around the world:  Meet Alex, the Russian Casino Hacker Who Makes Millions Targeting Slot  
  • Campaign finance laws are a perennial hot issue in US politics; these laws are often intended to avoid corruption and increase transparency, but with the number of committees, groups, and shell companies participating in election fundraising constantly growing, following the money is becoming harder, complicating along with it efforts to establish accountability:  Soft Money Is Back — And Both Parties Are Cashing In
  • Fascinating intersection of business and politics, with all the risks inherent in both, as consumer technology giant Samsung struggles against an increasingly complicated government relationship, intense corporate work culture, legal dramas, and public protests, despite an impressive commercial rebound:  Summer of Samsung: A Corruption Scandal, a Political Firestorm—and a Record Profit

All the foregoing represents many growth areas for the welcome expertise of compliance practitioners and a possibility to drive change toward a society that places a higher value on accountability and integrity.

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