Earlier this month, France won a World Cup qualifier against the Republic of Ireland to advance through to next summer’s finals. The winning goal has; however, been overshadowed by enormous media attention relating to allegations of cheating. FC Barcelona striker Thierry Henry provided the assist for William Gallas’ winning goal by illegally handling the ball not once, but twice. Neither handball was seen by the referee or his officials, and the goal was awarded well into extra time. Ireland could not recover from the incident and ultimately lost the tie as a result.

The outcry against Henry was huge. He has been labeled a cheat and a fraud, and his character will forever be called into question. Formerly known as a man of fair play, this article seeks to examine how it will again be possible to commercially exploit his status as one of the world’s greatest football players. Indeed, he has been branded as the best player ever to grace the English Premier League, arguably the best and strongest tier of football in the world. Furthermore, he has been praised worldwide for his ambassadorial role with, and commitment to, UNICEF.

Henry’s representatives have managed to secure some colossal commercial contracts for their client over the years. He has had contracts with Pepsi and Reebok. His largest success off the field was in the form of a lucrative multi-million dollar deal with Gillette. You may recall seeing him in these advertisements alongside fellow sporting greats Tiger Woods and Roger Federer. If not, here you go.

The problem now facing Henry and his representatives is how Gillette will decide to handle the renegotiation of this deal when the current one expires.

Any entity that seeks to use sporting superstars such as Woods, Federer and Henry will obviously look at the reputation of the individual that they wish to use as the face of their brand. Will Gillette be happy to re-sign Henry when the contract’s renewal is due? On his current form you would have to say no. The extent to which this recent incident has damaged Henry’s marketability cannot be underestimated.

The critical question is therefore how an agent can help his client to overcome such situations where his integrity has been seriously damaged. It is a problem that many of SportsAgentBlog’s aspiring readers may well have to encounter in their careers and so I shall suggest a few ideas as to how to tackle it – and would welcome further thoughts in the comment box below. Indeed, in many instances, the situation may well be irrecoverable but agents must protect the image of, and take care of their clients in general – that is what they are paid to do. So let’s take a look at some potential methods of recovery:

1. An Apology

The first act of a wrongdoer should be to apologize. An apology is an acknowledgment that what s/he did was wrong and also that s/he shows remorse for having carried out the relevant act. It would also be worth vowing never to perform a similar act again.

2. Stay out of the limelight

In the aftermath of an incident, there will be much publicity about it. Given its sensitive nature, it is probably a good idea to keep a low profile for a while to avoid inflaming matters further. Whatever a client proclaims publicly will be scrutinized in one way or another by the media. Probably best to steer clear altogether.

3. Perform well

The client’s success will often result from being a champion in his/her relevant field. Going back to the root of the original success is a good place to rebuild. They should therefore focus their attention on performing well in whatever it is that they do professionally, thereby reminding the world why they deserve their public image and status.

4. Engage in socially-approved activities

Things such as working with anti-racism campaigns, charities, children and the underprivileged are highly acclaimed by society at large. It is my opinion that this should not take place too soon after the damaging incident, to avoid coming across as narcissistic.

5. Turn the media in the client’s favor

All good agents out there will have formed contacts in the media. The best agents will have a few contacts that they have established very good relationships with. An agent should always try to stay onside with the media because if an incident like this arises, the agent might be able to positively influence what is written about their client.

6. Passage of time

As with many of life’s big challenges and difficulties, time is a great healer. If steps 1-5 are followed, time will accordingly help to make the negative incident a thing of the past. Some people will never forget what happened, and it may be that it is impossible to completely eradicate the damage to an individual’s reputation, but these steps (amongst others) should go a long way to helping.

The task of an agent in mending the broken character of a client is a tough one. Nonetheless, it can be done.

Believe it or not, David Beckham was hated in Britain after being needlessly sent off in a critical game against Argentina at the 1998 FIFA World Cup. He was booed at every stadium around the country and was singled out and blamed for England’s failure at the tournament. However, he is now adored not only in Britain but all around the world. He has since become the highest earner in football and has been the face of more brands than I dare to remember. He is frequently involved with charitable causes and is currently an ambassador for England’s 2018 World Cup Bid.

I have little doubt that Henry will be able to overcome this recent incident. However, it will be down to those representing him and negotiating his commercial activities, to help him achieve this outcome.

It will be fascinating to witness Henry’s transformation back from villain to hero once again.

The punishment for this offense is very harsh considering the amount of teams that have used poaching methods in acquiring players. However, Chelsea FC has served as a warning rather than a lesson for the rest of the teams in the league. Fortunately, FIFA and UEFA are on the same page on the issue and are gaining a better understanding of the issue by holding conferences.  UEFA President, Michel Platini, has also reviewed the matter and labeled it similar to “child trafficking.” Another thing the two Presidents agree on is that an alternative punishment needs to be contemplated. Currently, the preeminent thought is to deduct points from the clubs that abuse the poaching rules. A few reasons why I like this idea:

• Youth players generally don’t make an immediate impact on pro levels, so it is unfair to disallow a team the option of signing great players during transfer periods.
• A lot of teams are guilty. If Manchester United, Liverpool, Real Madrid etc. all are accused, that will displease fans and make transfer periods extremely dull.
• If a team is accused of poaching youngsters, losing points in their league will have serious consequence anyway.
• Finally, it will save young players from getting substantial fines they cannot afford.

Kakuta is a skilled left-winger that Chelsea considers one of their brightest youth players, as he led the youth squad in goals and earned the Academy’s Scholar of the Year award. He also made 7 appearances for the under 17 French national team, but was plagued by injuries for most of the campaign.  Chelsea acquired Kakuta from Lens, a Ligue 1 club, in 2007. After losing Kakuta to the Blues, the French club filed a complaint with FIFA. A statement from FIFA read: “The DRC found that the player had indeed breached a contract signed with the French club. Equally, the DRC deemed it to be established that the English club induced the player to such a breach.”

Several financial penalties emerged, and Kakuta was ordered to pay $1,110,000 dollars and Chelsea $185,000 dollars to Lens for training compensation. Furthermore, Kakuta lost 4 months of eligibility to play in official matches. The significant damage is still to come if Chelsea does indeed lose the ability to register new players for two consecutive transfer windows. In 2005, Italian club Roma received a similar punishment in which they lost the ability to sign players for one year. In the Roma case, it took the Court of Arbitration for Sport three months to hear the case and Roma was able to sign players through the summer transfer window as their ban took effect 5 months after the complaint was lodged. That being said, it is quite possible that Chelsea will be able to sign players during the next transfer window in January before their ban is imposed.

No matter how innocent the athlete may appear to be, WADA must uphold its stringent approach. Those who test positive for performance-enhancing drugs are punished for cheating and putting themselves at an unfair advantage of which their competitors are deprived. In terms of recreational substances, WADA cannot be seen to endorse the use of these drugs and so the offending athlete is also liable to punishment. Any failed test for prohibited substances will result in punitive action, including a probable ban.

The harshest example of this can be seen in the case of British Olympic Skier Alain Baxter. Baxter had failed a drug test when ‘lev-methamphetamine’ was found in his sample. It later transpired that this substance is present in the American version of a Vicks nasal inhaler. The British version does not contain the prohibited substance and Baxter bought and used the American one at the Salt Lake City Winter Olympics, assuming the content would be the same. In its judgment, the Court of Arbitration for Sport said that Baxter was a “sincere and honest man who did not gain a competitive advantage despite the trace of lev-methamphetamine in his system”. In spite of his honesty and innocence, Baxter was stripped of his Bronze medal, which was ultimately awarded to his 4^th-placed Austrian counterpart, Benjamin Raich.

It would seem that the resulting damage from testing positive for a prohibited substance is not only of that to your reputation, but the financial consequences can also be severe. Adrian Mutu, a Romanian footballer who is famous for having played for Chelsea, Juventus and Fiorentina, tested positive for cocaine in 2004. He was banned for 7 months and fined £20, 000. Chelsea purged him from the club for breach of contract. He later signed for Juventus for free. Chelsea sued him on the basis that they were denied a transfer fee that was due to them for what should have been his sale to Juventus. As he breached his contract, he was removed from the club and as a result he was able to sign for Juventus for free, where normally the recipient club would be required to compensate the selling club for the transfer. The matter went to the Courts and was resolved within the last month. The Court of Arbitration for Sport dealt him out a staggering fine of €17 million, which he was told to pay Chelsea to compensate for their loss. This represents the highest ever fine imposed by FIFA.

The moral of the story if you are a professional athlete is not to do drugs – it is quite simple really. In all likelihood you will get caught, and your punishment will be severe. There are not many athletes who can comfortably afford to pay the fines, and the damage to reputation can be brutal – nobody likes a cheat!

UEFA president Michel Platini has said:

“If results are fixed in advance, football has no further reason to exist”

A key component of sport, and perhaps the most essential, is the uncertainty of outcome. Without this, there is no competition, no entertainment and no value in sport whatsoever. It is for the same reason that performance-enhancing drugs are completely prohibited – to preserve healthy competition and to ensure that one competitor is not given an advantage of which the other is deprived.

Perhaps the most famous occasion of match-fixing was in Italy in 2006 where several prestigious European clubs brought the football world to a standstill. Juventus, AC Milan, Fiorentina, SS Lazio and Reggina were found guilty of influencing the football authorities on the appointment of referees to certain games.

It cannot be denied that cheating in sport is completely unacceptable. Punishment for cheating should be severe and should act as a deterrent to prevent future offenses from occurring. However, is the current punishment ruthless enough? Evidently not.

In the summer of 2006 (just weeks after the scandal in Italy came out), the Italian national team won the FIFA World Cup. Many questioned whether Italy should have been allowed to participate in the tournament altogether in light of the revelations on match-fixing in the country.

AC Milan was originally barred from entering the 2006-2007 UEFA Champions League tournament as a result of the scandal. On appeal they were allowed to enter the competition at the Third Qualifying Round stage. They went on to win the tournament that season.

Juventus was forcibly relegated from Serie A to Serie B in Italy. They comfortably won Serie B the next season and have been competing at the top of Serie A ever since. They are also participating in the Champions League again and narrowly went out of the competition in the first knockout round stage.

Fiorentina was entitled to remain in Serie A but were docked 15 points, an amount that would supposedly have the effect of preventing them from qualifying for a European cup the next season. They ultimately finished in sixth place and qualified for the UEFA Cup.

It is clear that the punishments handed out were far too soft and lenient. The above examples merely indicate to any person considering match fixing that it is almost worth the risk of attempting to cheat. If they get away with it, then the outcome is very favorable. If they get caught, the consequences are not going to be too severe. The risk of getting caught does not necessarily outweigh the benefit of getting away with cheating.

The penalties inflicted on persons who cheat in this way need to be far more serious. The outcome must be that the guilty party is completely crippled as a result of the wrongdoing. Are punishments not handed out to deter others from future and similar misconduct? The object of deterrence is not achieved where the outcome of a punishment is that the offending party is not really punished.

In 2005 UEFA said it was planning to implement betting legislation to prevent all players, management and referees from gambling on future games. Furthermore, after this week’s announcement UEFA has said it is launching a gambling investigation unit next season, monitoring 27,000 European matches in both the first and second divisions of each national association.

It is clear however that the problem lies not in detecting where/when match-fixing occurs, but in the punishment that results when it has been established that match fixing took place. Punish the cheating party brutally and ruthlessly, and others will be scared to do the same.

Fifteen months on, and it would seem my conclusion has been heavily questioned. Despite not wanting to admit it, could I have been wrong? According to an independent report undertaken on behalf of FIFA, a proposed ‘6+5′ rule would not breach EU rules.

What is the ‘6+5′ rule? The rule establishes that at the beginning of a game, each team must field at least six players who would be eligible to play for the country in which that team plays. So for example, in each English Premier League game that Manchester United competes in, at least six of their starting eleven must be eligible to play for the England national team.

Under the EU rules on freedom of movement for workers, this would, on the face of it, represent an illegal restriction on the ability of EU citizens to move freely within the relevant industry/market. In essence, a soccer player who is an EU national might be restricted from plying his trade at a team because he is ineligible to play for the country in which that team is located. His place in the team might have to go to somebody who is eligible to play for that country. Thus, his right to freely move across the European Union might be restricted because of this rule. The EU rules on free movement were created to abolish and prevent such restrictions.

However, free movement rules can be circumvented where there is a legitimate justification behind the implementation of a restrictive provision such as the 6+5 rule. The Institute for European Affairs (INEA), which was the body responsible for FIFA’s independent report, has found that the rule does not conflict with EU law because it supports the creation and assurance of sporting competition:

“The 6+5 rule does not impinge on the core area of the right to freedom of movement. The rule is merely a rule of the game declared in the general interest of sport in order to improve the sporting balance between clubs and associations” said INEA.

The rule provides that there would be no limit on substitutions and no limit on the number of non-national players that teams can employ. However the team would be prohibited from fielding more than five non-nationals at the start of each game. So, whilst the rule may be indirectly discriminative, the report from INEA states that the rule “merely considers entitlement to play for the national team concerned, and any possible indirect discrimination can be defended on the basis of compelling reasons of general interest”.

INEA argues that, due to the completely open nature of the market at present, young talented players are discouraged from pursuing their dreams of playing soccer for their local teams because these teams are opting to recruit foreign players. These players normally come ready-trained and often represent a sound financial investment for the clubs.

There can be no doubt that an independent report such as this will assist FIFA in its quest to implement rules such as the 6+5 rule, however it must also be said that the report holds no legal standing. The ultimate decision makers are the European Commission and the European Government.

As determined, FIFA may be to bring these rules into operation, the EU commission is equally unwavering in its position to veto any such action. It is for this reason that I maintain my original conclusion that rules of this sort will not be sanctioned by the EU authorities; they remain illegal restrictions on the free movement of workers within the EU.

From January 1st to January 31st, Soccer Agents and Managers work ferociously around the clock to complete deals which may see players sign that lucrative multi-year contract with a massive club or go searching the lower leagues for some first team action. Either way, the window (as a hopeful future soccer agent) is an exciting time.

In the past years, it has been Chelsea who has been spending big, but this year a new player has emerged- Manchester City. Recently bought out by the Abu Dahbi United group, City are flush, and are looking to add the best players in the world to their lineup to ensure they bring a title to the other team in Manchester. Having already brought in superstar Brazilian Robinho from Real Madrid for over 30 million pounds, they have targeted an assortment of players, even offering to buy Spanish keeper Iker Casillas for 150 million euros, which is the buyout clause in his contract. Casillas himself would have earned 13 million euros a year.

So the question is, who will be at City come the start of Feb? Players such as English based Jermaine Defoe and Craig Bellamy have reportedly been on the shopping list, not to mention the idea of bringing in more superstars from overseas.

If like me, you hope to one day be representing soccer athletes, then I suggest you check out the FIFA website. It has all the information needed in regards to getting certified.

A great read is How to Succeed as a Sports Agent – Mel Stein, which I have reviewed previously on this site. Having been successful in this area, Mel does a great job breaking down the areas in which you would encounter when representing athletes.

I also suggest reading the articles of this site’s regular contributor Max Eppel, who operates his own agency out of California. Whilst all of his articles are a great read, in this particular instance, I suggest ‘The Life Of A Soccer Agent During The Transfer Window‘. A search for his name will find all the articles he has written.

Finally, if you want to keep up all the happenings, I suggest the following sites for all the news: Soccernet and Football365.

This problem has been highlighted by the recent and ongoing saga revolving around Manchester United’s Portuguese Midfielder Ronaldo. Ronaldo has been at the core of a feud between Manchester United and Real Madrid of Spain. Despite the English club’s insistence that the player is not for sale at any price, Madrid have continued in their open pursuit of a player who only recently signed a new contract in Manchester.

Manchester United reported Real Madrid to FIFA (football’s world governing body) for their public pursuit of Ronaldo. FIFA thus far has found no wrongdoing by Madrid and certainly has not penalized them, despite their inappropriate and obvious media-driven quest to unsettle the player and thus trigger a transfer. With FIFA failing to outlaw this type of behavior, the effect is not to deter the Madrid club’s actions; it will in fact encourage them.

With Ronaldo being party to a long-term contract in Manchester, and the Manchester club declaring that the player is not for sale, the story should end there. The reality, however, is that this story has continued to brew for weeks and months subsequent to Manchester’s statement that they will not sell. This is just one example of many where a player seeks a move elsewhere despite his club’s expectancy (and indeed contractual right) that he honor his contract. What does this say about player contracts in soccer? What good is it signing a player on a long term contract, expecting that he stays for that period, making preparations for the seasons ahead with that player’s contributions borne in mind, when he can leave in an instant? The fact that these transactions continue to go through clearly demonstrates the fact that player contracts in soccer are worthless (particularly to teams).

Sepp Blatter, President of FIFA, has an opinion that will only worsen the problem. When asked about clubs that make their players honor their contracts, he described such situations as ‘slavery’. Is it really slavery? Many footballers are on multi-million pound/dollar contracts, live the life of a superstar, drive nice cars, live in good houses and are in prime physical fitness. Slavery?

It is true that the average length of a player’s career is 8 years. It is also true that the European legal principle of freedom of movement for workers is generally well-respected in the European Union. Given these facts many would argue that players should be entitled to transfer to other clubs without restriction so as to assist them in earning as much financially as is possible in their short careers. However, to those who maintain this opinion I would ask what purpose player contracts in football serve. Moreover, are these contracts not failing to serve the purpose for which they were drafted in the first place (stability to teams, security in planning/preparations for seasons ahead, a commitment/statement of intent from players towards their clubs)?

Perhaps there is a wider picture to look at. The ever-increasing commercialization of sport means that money has become a decisive factor in major issues in soccer today. At the end of the day, the majority of incidents where players do not honor their contracts result from an opportunity to earn more elsewhere. Can we blame them? Not really. But we can blame the administrators of sport who are allowing these transactions to go through, often at the expense of the clubs who have little choice but to sell a player who wants to leave (even where the club clearly does not want to sell).

Clubs are given little protection. In fact it has been shown above that the governing bodies are offering zero protection to clubs. Whilst a team can technically rely on its contractual right to hold on to a player until that contract’s expiration, very few will want to keep a player who’s heart and head is elsewhere. The lack of stability in player contracts in modern-day football is a sorry state of affairs. Where will the line be drawn, and who will draw it?

CAA only recently jumped into the field of representing soccer players in 2007, when David Beckham came to the U.S. CAA was in association with Beckham’s Manager, Simon Fuller, and was in charge of international marketing for Beckham.  Since Beckham came to CAA, one of the English Premiere Leagues top teams, Chelsea FC, has also become a CAA client.  Chelsea and others are looking to break into the growing American soccer scene.

Gestifute was founded in 1996 by FIFA agent Jorge Mendes.  Mendes is now in charge of the many high profile clients and coaches.  He is looking to find the talented youth players in Europe and is now expanding to America.  Gestifute also represents player and coaches like Ricardo Carvalho (Chelsea/Portuguese National team), Anderson (Manchester United/Brazilian National Team), Nani (Manchester United/Portuguese National Team), Deco (Chelsea FC/Portuguese National Team), Ricardo Quaresma (FC Porto/ Portuguese National Team), and 2002 World Cup-winning head coach Luiz Felipe Scolari (Chelsea FC).

This is a great thing for American soccer players and fans.  It shows that American soccer is finally accepted overseas and that foreign teams are looking for talented American soccer players.  Soccer is seen as a global sport that has been played all over the world for centuries, but America seemed to be late in catching on.  Football, not Futbol, has been the sport Americans are known for around the world, but that is beginning to change.  The emergence of Major League Soccer (MLS), an American soccer league, has now given domestic and foreign players an arena to play in.  Many great Americans develop in the MLS and others are now playing at great clubs overseas (Beasley, McBride, Onyewu, Donovan did but went back to the MLS).

Before the last World Cup, the USA was ranked as high as 8th in the World. The USA is now ranked 30th in the world (as of the most current FIFA rankings last month), and many young US players are playing overseas.  I witnessed this first hand as one of my Roanoke Star Premiere teammates, Danny Karbassiyoon, went abroad to London and played for Arsenal FC after high school.  Danny was nasty and had the ability to play at any level, being one of the first American born players at Arsenal.  He is now the head scout for Arsenal in the US.

The MLS may have salaries that are a lot less than foreign leagues, but the money will only increase as soccer grows in America.  The EPL and other foreign leagues pay soccer players just as much as the NFL pays its players.  It would certainly be worthwhile for American agencies to invest in soccer, however an agency would need international “connections” overseas to do so.  The partnership between CAA, one of America’s leading sports/ entertainment agencies, and Gestifute might be the spark that ignites the fire.

The merger between CAA and Gestifute proves to solidify the statement that American soccer is growing.  The international community is now starting to recognize American players and accepting them and encouraging them to play internationally.  With the arrival of Beckham, the MLS has picked up and gained fans and approval by other players.  This merger is a great sign for soccer in America.  I expect other American sports and entertainment agencies to add soccer to their sports divisions.  It is not only marketable overseas, as Americans are catching on and the amount of talented American soccer players will only increase.

Here in the USA, the MLS mid-season Transfer Window is rapidly approaching and I have been busy preparing for what always promises to be a hectic schedule. The Window is open from June 15^th – August 15^th.

In terms of what an Agent does immediately preceding this time, I can of course only speak from my own experience. Here is an overview:

• Confirm that all the Representation Agreements between Agent and player are up-to-date.
• Speak to the players and ensure they are happy where they are, or, if there are grievances, listen carefully and present them with realistic career advice.
• Ensure that all Resumes are current. If not, obtain the relevant statistics and add them to the document. Nothing looks worse than presenting a club with a Resume and then not knowing, for example, how many games one’s client has played this season, or how many goals he has scored.
• Make certain that all the DVD’s are readable and that any links to YouTube, etc., are correct.

Relating back to the technology point made above, one of the biggest and most beneficial changes I have noticed in my time as an Agent is soccer’s increasing willingness to embrace new ways of making the placement process more accurate and more efficient. By accurate, I mean that clubs no longer have to rely on making a judgment based purely on the examination of a player’s physical and sporting statistics included in his Resume and then invite him for a trial or even sign him only to discover that he perhaps was not quite the player they supposed him to be. And as to efficiency – I mean that with the advent of the internet and email there are now so many ways to get a DVD or video clip in front of a Chief Scout or Manager in hardly any time at all. Only last year, I was mailing DVD’s all around the world. This year I have uploaded most of the video clips onto a central website, and from there I can burn DVD’s and deliver them to the clubs almost immediately or send them the password and login information and they can view it for themselves instantly.

Several clubs with whom I deal will not look at a player without video footage, as they simply don’t want to take the risk. Because of this, it is very important to ensure one’s DVD library is current and well-stocked.

Technology adds a much-welcomed element to what used to be a laborious process. It can certainly add a frenetic element to being an Agent, but then, if you’re not willing to have such pressures in your work life you shouldn’t consider becoming an Agent!

Max Eppel is a soccer Players’ Agent Licensed by The FA. He runs his own California-based company, Max Eppel Soccer Agency LLC. For more information please visit www.maxeppelsocceragency.com.