CHAMPIONS OF CLEAN SPORT
FairSport is an independent foundation dedicated to eradicate cheating in sport.
We support confidential sources who speak up to unmask doping, and educate the global public on the value of honesty and integrity in sport.
“WADA has undermined its own moral and regulatory authority”
Jim Swartz, Co-Founder, FairSport.
FairSport Statement Calling on WADA to Cease Compromise with Russia
Washington, D.C., September 18, 2018 — On September 20, in the remote Seychelles islands, the leadership of the World Anti-Doping Agency (WADA) is poised to set the course for integrity in international sports that will last long into the future. WADA is at a crossroad. It can insist on full accountability for Russia’s systematic doping of athletes, or it can back down under pressure from sports promoters.
The precise issue facing WADA is whether to insist that Russia fulfills two requirements, imposed by WADA itself, in response to an independent investigation conducted by respected Canadian lawyer Richard McLaren. McLaren found that Russian governmental agencies had devised an elaborate scheme to dope their athletes as they were competing at Sochi and to conceal the doping from international authorities. Following the investigation, and after much deliberation, WADA put forth a “Roadmap” that eventually was reduced to two conditions that Russia and the Russian Anti-Doping Agency (RUSADA) were required to meet for reinstatement into the world’s anti-doping system: (1) Russia should publicly acknowledge as true the factual conclusions reached by McLaren, and (2) WADA should be allowed access to the RUSADA anti-doping laboratory in Moscow and to the data and other evidence stored there.
Thus far, Russia has adamantly refused to meet these conditions, even though they would immediately result in reinstatement. Instead, Russian operatives have worked behind the scenes with the International Olympic Committee (IOC) and some in WADA leadership positions to water down the remaining Roadmap requirements. These secret discussions have maneuvered WADA into the position of negotiating with itself to find terms that would satisfy Russia — a little like a judge negotiating a sentence with a convicted criminal. At its upcoming meeting, the WADA Executive Committee will either accept or reject Russia’s proposed, self-serving compromise.
Why is WADA willing to alter its own stated conditions of the Roadmap? It was, and still is, the responsibility of Russia to meet the Roadmap’s requirements. WADA has no responsibility to make this easier for Russia. As has been said, this move “stinks to high heaven.” In short, WADA has undermined its own moral and regulatory authority.
To satisfy the first point of the Roadmap, it is important that Russia state the words: “We acknowledge McLaren’s findings.” Taking explicit responsibility for misconduct is a key principle of rehabilitation for the miscreant and for those harmed by it. If the WADA compromise is implemented, this opportunity for genuine remorse and rehabilitation is lost, increasing the possibility (and community confidence) that Russia will re-offend.
Why does “leadership require flexibility” in these circumstances? What exactly was wrong with a status quo that placed the responsibility on Russia to meet the clearly stated and unequivocal requirements of the Roadmap? Do we show athletes “flexibility,” or do we hold them to their strict responsibility to avoid prohibited substances? Why the double standard when it comes to Russian anti-doping responsibilities?
Regarding the second point of the Roadmap requesting access to evidence at the Moscow lab, the current compromise proposal set forth by Russia is an outright path to WADA’s future failure to hold organizations and governments to account. This moral collapse rings clear as a bell to anyone who understands even a little of the long-running chess game at play here. Reinstating Russia without first gaining access to and reviewing the lab data and samples is both premature and counter-productive. Assuming that information has not already been compromised by sophisticated manipulation, it is more likely than not that the evidence will demonstrate an even deeper anti-doping problem in Russia and even more subversion of anti-doping in the past. If anything, this information is likely to justify new or additional sanctions, not the relief of the current ones.
The timing of WADA’s deal does not justify its self-imposed “flexibility.” The next Olympics and Paralympics are two years away. Why not continue to let the pressure build on Russia to meet the strict Roadmap criteria? Time was on WADA’s side, but it has thrown away that advantage for no logical reason, other than to appease Russia.
WADA’s whole process has become “transparent” only after the fact and after numerous leaks have generated huge outrage in the athlete community and in the anti-doping world, and rightly so. If WADA’s failed process continues on its current path to premature Russian reinstatement, it is not an overstatement to say that clean sport will never recover. How can any athlete ever again believe that he or she will be protected?
It is time to put a stop to the WADA backroom maneuvering in the name of Olympic ideals once and for all. It is time for public authorities to push back against expediency over integrity. It is time for athletes to call foul and to stop allowing themselves to serve as pawns in Olympic and global politics. It is now or never.
FairSport’s funding for support services comprises private donations from individuals and organizations.
FairSport is an independent foundation striving to eradicate cheating in sport. We support confidential sources who speak up to unmask doping, and educate the global public on the value of honesty and integrity in sport.
SPORT IS IN CRISIS
The world of competitive sport is at a crossroads. New revelations and admissions of cheating, as well as improved testing and retesting, have shown that doping, corruption, and bribery are widespread. We must come together to ensure that fair play remains the foundation of competition, or see sport lose its integrity and meaning.
TESTING IS NOT ENOUGH
While policies, testing, and investigations do deter and uncover violations, the real engine of change is the personal testimony of those who have seen cheating first-hand.
REAL CHAMPIONS STAND AGAINST CHEATING
It’s not easy for athletes and members of their entourage to come forward with their documented stories. Call them confidential sources, informants, or whistleblowers – we call them courageous for coming clean in what may be the toughest act of their lives.
What We Do
FairSport is an independent, international, non-profit foundation that provides access to free legal counsel and other support to confidential sources.
The cornerstone of our organization is independent legal assistance made available through charitable funding. The foundation is a safety net and “safe haven” for those with consequential stories to share. It provides confidential sources with a range of services free of charge, depending on individual circumstances and need.
These support services may include:
- Legal assistance
- Media guidance
- Financial assistance for living expenses
- Coaching (everything from psychological support to work placement)
FairSport is an independent foundation (501c3 in the US and a company limited by guarantee in the UK) for legal protection of whistleblowers in sport and promoting clean sport around the world.
FairSport helps confidential sources expose cheating by guiding and protecting them through every aspect of the process.
Those of us who are committed to the vision of clean sport owe a great debt of gratitude to those who put themselves at risk and sacrifice their own gain to advance the cause. Coming clean is an act of great courage – the nature and scale of the resulting scrutiny can be overwhelming in every way. Confidential sources need all types of help related to the process. FairSport helps protect them and ensure the success of their efforts. We mitigate the negative effects on these change-makers’ lives and careers.
In today’s sporting, political, and judicial environments, support such as that offered by FairSport is rare – particularly in terms of access to pro bono expert legal assistance. For the confidential source, it can not only be invaluable, but also potentially lifesaving.
FairSport promotes clean sport by building awareness of the critical value of integrity in sport.
Our wide-ranging educational work includes seminars to promote awareness of the importance of clean sport and the repercussions of cheating. We strive to create a global conversation about the necessity of fair and clean sport, and to grow a movement towards violation-free sport throughout the world.
FairSport acts as a global knowledge hub for clean sport by sharing insights and experience with law firms and other professionals.
We offer case studies and education to legal firms to help them support athletes and entourage members who wish to expose cheating in sport. We act as a repository of information to expand the knowledge base, and enhance the quality of legal counsel and representation available to confidential sources internationally.
FairSport fills a vital need in the world of sport as the only independent foundation to help individuals report wrongdoing.
The world of sport needs confidential sources to come forward. Cheating is pervasive in sport today, but it is highly covert and difficult to detect. Eyewitness accounts are, by far, the most effective weapon against cheating. And yet, sources wishing to come forward faced an enormous toll in terms of personal, financial, and professional repercussions, with little or no support. Until now.
In doping, for example, the current testing system typically finds only the most obvious use of banned substances. Detection of new cases relies on extensive investigations, which are often triggered by the information from confidential sources. The last four major global revelations have come through courageous individuals who admitted participation in doping schemes. But since most anti-doping cases fall outside the jurisdiction of federal government legal systems, confidential sources in international sport have found themselves unable to access legal protections.
FairSport fills such gaps by providing approved confidential sources with independent legal support and other assistance, at no cost to the individual and in utmost confidentiality. Each case disclosed to FairSport is reviewed by our Board to determine the confidential source’s eligibility for support and grants are assigned accordingly. The legal fund engages qualified lawyers from a range of law firms on a case-by-case basis. Approved confidential sources are guided by these lawyers, with priority on protecting them the risks of coming forward. Other assessed needs may receive funding and support. We aim to provide whatever aid is required to make the onerous process of coming forward as streamlined, safe and successful as possible.
FairSport works closely with the following major organizations in the international pursuit of clean sport, to coordinate resources and create policies to protect confidential sources throughout the world.
Who We Are
FairSport’s initial founders are Jim Swartz, Ed Stier, Louisa Watt and Johann Koss. Additional partnerships are being finalized as our core organization continues to grow.
Jim Swartz founded Accel with Arthur Patterson in 1983.Entering a fifth decade in venture capital, Jim has been a lead director of more than 50 successful companies. He also works with the Accel London team as a founder/mentor of Accel’s European business.Before founding Accel, Jim was a founding general partner of Adler & Company, started with Fred Adler in 1978 after his tenure as a vice president of Citicorp Venture Capital. A long-time industry leader, Jim is former chairman of the National Venture Capital Association and a 2007 recipient of its Lifetime Achievement Award.He serves as chairman of the Swartz Foundation and the Christian Center of Park City, director emeritus of the U.S. Ski and Snowboard Foundation, trustee of the Sundance Institute and the San Francisco Museum of Modern Art, chairman of the President’s Global Advisory Council of Carnegie Mellon University, and a member of the board of advisors of Tepper School of Business.Jim’s philanthropic initiatives include dozens of academic, athletic, arts, health, scholarship and social impact programs including founding Impact Partners, the leading funder of social impact documentaries.Jim grew up in Coraopolis, Pennsylvania, graduated from Harvard in Engineering, has a M.S. in Industrial Administration, and an Honorary Doctorate from Carnegie Mellon, where he sponsors the Swartz Center for Entrepreneurship.
Before entering private practice in 1982, Ed was a federal and New Jersey State Prosecutor for more than 17 years. His public service has included serving as an Assistant U.S. Attorney in New Jersey, as Chief of the Criminal Division of the U.S. Attorney’s Office, and as Director of the New Jersey Division of Criminal Justice, the nation’s largest and most powerful state-level prosecutorial agency.
Since leaving public office, Ed has conducted and supervised investigations for businesses and government agencies throughout the country. The issues covered by these investigations have ranged from potentially criminal conduct by high-level management personnel to regulatory and procedural violations.
His experience includes monitoring of the cleanup activities at the World Trade Center following the September 11th terrorist attacks. He also conducted several investigations into apparent deficiencies in the criminal and juvenile justice systems for the Chief Justice of the Supreme Court of New Jersey. His reports have resulted in significant systematic reforms. Ed was also retained by New York Yankees team ownership to monitor the construction of its new stadium, whereby Ed’s firm identified falsifications, leading to criminal convictions and reforms within the independent testing marketplace.
As appointed trustee for Teamsters Local 560, Ed is well known for successfully removing organized crime and reforming the culture of the union. In addition, following the worst nuclear accident in U.S. history at Three Mile Island, Ed was retained by plant owner General Public Utilities (GPU) to investigate hundreds of allegations of mismanagement and safety violations in connection with the cleanup. The Nuclear Regulatory Commission relied upon Ed’s findings in resolving the allegations. Further, the resultant comprehensive report was used by GPU to restore its reputation and respond to high-profile critics demanding the utility’s demise.
Louisa Watt is a partner in Cadwalader’s Financial Restructuring Group and heads the firm’s Loan portfolio and Debt and Claims Trading practice.
Louisa has more than ten years’ experience representing banks, investment funds, brokerage firms and other financial institutions in the acquisition and sale of loan portfolios, syndicated bank loans, debt instruments, derivatives claims, bond claims and deposit-related trades throughout Europe, the United States and Asia. She is recognised as a leading authority on secondary loan trading in distressed situations and has extensive experience in the creation of bespoke documentation for complex cross-border loan transactions.
Louisa is currently an active participant in the Loan Market Association. She serves on an LMA trading documentation committee that continually reviews and updates the market standard documentation for par and distressed debt transactions, as well as an LMA confidentiality committee that advises on issues of confidentiality affecting the loan market.
Before joining Cadwalader, Louisa was a partner at Richards, Kibbe & Orbe LLP, where she served as a member of the Executive Committee.
As the Founder of Right To Play International, Johann Koss is an internationally recognized social entrepreneur, widely acknowledged for his work in promoting the use of sport and play as a tool for positive childhood development. Since founding Right To Play in 2000, Johann has dedicated himself to growing it into an influential international non-government organization and a leader in the Sport for Development and Peace movement. The organization operates in more than 20 countries, reaching over one million children each week and is supported by more than 620 staff worldwide and over 14,900 volunteer coaches.
Johann has received a number of awards for his philanthropic service and leadership, including the 2013 LEGO Prize from the LEGO Foundation and the 2013 Henry R. Kravis Prize in Leadership. In 2012, he was awarded the Ernst & Young Entrepreneur Of The Year Special Citation award for social entrepreneurship, and in 2011, he received the Newman’s Own Award. TIME Magazine named Johann as “One of 100 Future Leaders of Tomorrow” as well as declared a Young Global Leader by the World Economic Forum. He is also an Ashoka Global Fellow.
Before founding Right To Play, Johann was an Olympic speed skater and is considered one of the greatest winter Olympians of all time. At the 1994 Lillehammer Olympic Games, in his home country of Norway, his three gold medals made world headlines. The 1994 Games proved to be the visionary launch point for the start of a movement that would bring the power of sport and play to children living in disadvantaged communities around the world and ultimately the organization that would become Right To Play.
As the former Chair of the IOC Athletes’ Commission, Claudia Bokel is has been an advocate for athletes within the Olympic Movement. Her journey as an athlete representative started with the German Fencing Federation, continued with the Athletes Commissions of the German Olympic Committee (DOSB) and the European Olympic Committees (EOC), and eventually at the International Olympic Committee, where she was an elected Member of the Executive Board. In addition, she has advocated for athletes at the World Anti-Doping Agency’s (WADA) Athletes Commission, at the International Paralympic Committee (IPC) Athletes Council, and chaired the IOC Athletes Career Programme Steering Committee, focusing on preparing athletes for their career transition, personally leading workshops in over 30 countries.
During her tenure in the EOC and IOC Athletes’ Commission, the number of athlete commissions within national and continental Olympic Committees and International Federations rose significantly and she is particularly proud of having achieved continental athlete forums on all continents.
Claudia holds a master’s degree in Chemistry, for which she received the Hein-Moeller scholarship and during which she focused on anti-doping research at the WADA accredited laboratory in Cologne. Prior to becoming the Executive Director of FairSport, Claudia worked as a Senior Consultant at Bayer Business Consulting and was a vice president for the IOC and IPC Athlete Career Programmes at the Adecco Group.
Her achievements in fencing are a team silver medal at the 2004 Athens Olympic Games, an individual gold medal at the 2001 Nimes World Championships, an individual gold medal at the 2006 Izmir European Championships, and several team medals at World and European Championships.
David Fialkow is a co-founder and managing director of General Catalyst, a venture capital firm with offices in Boston, New York and Silicon Valley and approximately $3.75 billion in total capital raised. David’s focus areas include travel, financial services and e-commerce, as well as leading General Catalyst’s XIR program. His portfolio of investments includes: CLEAResult (acquired by General Atlantic); Datalogix (acquired by Oracle); Datto; Highwinds; and Vitrue (acquired by Oracle).
Before going into business, David received his BA Fine Arts in film at Colgate University, and his JD from Boston College and made documentary films. Over the last few years, he has raised millions in dollars in philanthropy to support kids’ programs by biking, running, climbing and rowing. He and his wife, Nina, still make documentaries (including three that premiered at Sundance in 2017) focused on healthcare and social justice. His non-profit boards include Facing History and Ourselves, as well as serving as chairman of the board of The Pan-Mass Challenge. David also is on the board of The Boston Beer Company (Sam Adams).
Joseph de Pencier
Joseph de Pencier is a Canadian lawyer and the founding CEO of the Institute of National Anti-Doping Organisations (www.inado.org). iNADO is the international member association of National Anti-Doping Organisations (NADOs). iNADO is the collective international voice of NADOs, and seeks to constantly improve the quality of national anti-doping programs. Starting with a handful of founding NADOs in 2012, iNADO now has 69 members from all Olympic regions. Its core work is professional development of anti-doping practitioners and their organisations. iNADO has become a key player in promoting anti-doping reform and in encouraging clean athletes to speak up for ethical sport.
Most of Joseph’s career has been dedicated to public service and the not-for- profit sector. He is a former Senior Counsel of the Canadian Department of Justice. He began his anti-doping career as junior counsel representing the Government of Canada at the 1989-1990 Dubin Inquiry into the Ben Johnson positive at the 1988 Seoul Olympic Games. On loan from the Department of Justice in 1991-1992, he was Legal Counsel to the Canadian Centre for Drug-free Sport, and from 2002-2007, General Counsel to the Canadian Centre of Ethics in Sport and Director of the Canadian Anti-Doping Program.
Joseph has been a member of the International Paralympic Committee’s Anti-Doping Committee since 2006 (and has attended seven Paralympic Games), and a member of the Anti-Doping Judicial Panel of World Rugby starting in 2012. He served the anti-doping programmes of the international federations for cycling (UCI) and for baseball (IBAF). He is also the Chair of the anti-doping tribunals of several clients of the Drug-Free Sport Unit of the Global Association of International Sport Federations. He has served on the World Anti-Doping Agency’s Legal Committee, and has been Chair of the Advisory Group on Legal Issues for the Monitoring Group of the Council of Europe’s Anti-Doping Convention. He has been a member of five WADA Independent Observer missions (the chair of four of them).
He competed for his university in three sports (Water Polo, Nordic Skiing and Lightweight Rowing) and is an enthusiastic, if slow, marathon runner.
Lawyers and Law Firms
Confidential sources are not counseled by FairSport’s own lawyers, but by lawyers who are engaged by the foundation on a case-by-case basis.