The offenses against sports betting fraud and match-fixing, §§ 265 c, 265 d StGB, valid since mid-2017 cause great dangers for sports clubs, coaches and athletes. According to § 30 OWiG, fines of up to € 30 million are threatened here if those responsible in associations, ie directors, board members or shareholders fail to fulfill their duty of supervision.
A judgment of the district court Munich I, WM 2014, 947 makes this clear:
“The overall responsibility of the Management Board members includes not only the duties under § 93 (1) AktG, but they must also ensure that the company is organized and supervised so that no violations of law, such as kickbacks to public officials of a domestic or foreign state or private persons he follows. A member of the Executive Board is only able to fulfill his duty of organization if he or she has a risk situation if he establishes a compliance organization that is based on damage prevention or risk control. Crucial for the scope for the individual are the type, size and organization of the company, the regulations to be observed, the geographical presence as well as suspected cases from the past. ”
That means especially for sports clubs:
Depending on the structure of the association, the actual risks in the organization for risks of irregularities and possible kickbacks must be identified, specific rules and regulations adopted and appropriate control bodies established. Any suspected cases from the past must be investigated in order to exclude them in the future.
Only then will those responsible comply with their mandatory supervisory duties.
