Newcastle United have confirmed that their main summer signing Sandro Tonali is the subject of investigations by the Italian prosecutor’s office and its football federation (FIGC) into alleged illegal betting activity.
It has been widely reported in Italy that Tonali will seek a plea bargain over accusations of using illegal betting platforms to gamble on football matches, which would almost certainly result in a lengthy ban from professional football. The Athletic has not verified claims he bet on football, while Tonali’s representatives did not respond when asked.
On October 12, Tonali and Nicolo Zaniolo, who is on loan at Aston Villa from Turkish club Galatasaray, were questioned by police in relation to an investigation around illegal betting. The two Italy international midfielders were subsequently allowed to leave the squad, having handed over their devices for analysis by authorities.
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On the afternoon of Tuesday, October 17, Tonali’s agent, Giuseppe Riso, said the player was battling against a gambling “illness.”
Newcastle said on Wednesday, October 18, that Tonali was “fully engaging with the investigation and will continue to cooperate with all relevant authorities”.
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Tonali banned from football for 10 months
On Wednesday, Tonali’s legal team confirmed he had met with prosecutors and were seeking a quick resolution to the case: “Yesterday Tonali went to the Turin Palace of Justice to be examined by the Public Prosecutor Manuela Pedrotta, as previously happened with the Federal Prosecutor Giuseppe Chine, within the framework of the sports investigation. He has exhaustively clarified his position, also providing full cooperation to the investigating authorities.
“Since there are ongoing investigations, however, it is not possible at present to make public statements regarding the merits of the matter under investigation, in the hope and conviction that Sandro Tonali can see his position defined as soon as possible, in order to give positive follow-up to the course of action already undertaken.”
This is a serious and sad matter, in which Newcastle owe a duty of care to their new signing. It also brings a range of sporting and legal issues.
Having only just signed Tonali for an initial £55million ($66.8m at current rates) in June, and with four and a half years left on his deal, this leaves Newcastle in a predicament. As well as the footballing ramifications, the club are already close to the edge of financial fair play limits (FFP), with Tonali’s amortised costs counting on the books for years to come — even if he is unavailable to the team.
With all that in mind, here we explore the legal options that could be available to Newcastle if Tonali receives a long ban.
What is Sandro Tonali accused of?
In the criminal case, it is alleged that Tonali used illegal online betting platforms. Betting is not criminalised in Italy, as long as people use bookmakers licensed by the country’s customs and monopolies agency. If, on the other hand, a bet is placed with an unlicensed bookmaker, it is a criminal offence punishable by a three-month sentence or a fine on a sliding scale from €51,000-€516,000 (£44,100-£447,000/$53,500-$542,000).
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Italian newspaper La Repubblica reported on October 13 that Tonali allegedly used a site called worldgame365.me, while Zaniolo was said to have used Evoz9.fx-gaming.net. Both sites are illegal.
Nicolo Fagioli, the 22-year-old Juventus midfielder who was also under investigation, said in a deposition to the public prosecutors that Tonali had also introduced him to a betting site.
Italian media have also reported that Tonali bet on football matches, which brings with it further sporting sanctions.
What is the latest with the case?
The investigation by officers from the Turin flying squad is not specifically focused on football, but as they were gathering evidence relating to these illegal online betting platforms, they identified not only the group running them but also their users.
On Tuesday, Fagioli received a seven-month ban from football, reduced from 12 months after he pleaded guilty and cooperated with authorities. The investigations into Tonali and Zaniolo continue.
Tonali trained with Newcastle on Monday, with his agent Riso saying one day later, at an event held at the Italian Embassy in London, that his client had a gambling-related “illness”.
“Sandro is a bit shaken up by the situation,” Riso said. “But he’s already started to fight back. Sandro is a fighter. The biggest game has started against an illness. Sandro is used to big games and usually he wins them. Sandro’s experience will save the lives of other kids.”
Later on Tuesday, Tonali flew to Turin. He visited the Palazzo di Giustizia with his legal team to be interrogated by the public prosecutor leading the criminal investigation, as part of a strategy to show cooperation in return for leniency. On Wednesday, Italian media reported that Tonali had admitted to betting on AC Milan games while he was a player at the club, which could theoretically leave him open to an even more severe penalty.
Newcastle made their first public comments on Wednesday, saying: “Newcastle United can confirm that Sandro Tonali is subject to investigation by the Italian Prosecutor’s Office and Italian Football Federation (FIGC) in relation to illegal betting activity.
“Sandro is fully engaging with the investigation and will continue to cooperate with all relevant authorities. He and his family will continue to receive the club’s full support. Due to this ongoing process, Sandro and Newcastle United are unable to offer further comment at this time.”
What are the possible punishments?
Tonali is facing a criminal case in Italy for participating in illegal betting, but that does not necessarily bring with it sporting sanctions. However, if he is found to have gambled on football, as is being reported, that would likely lead to a worldwide suspension under the rules of the game’s worldwide governing body FIFA, its European equivalent UEFA and the Italian FA.
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The latter applies to Fagioli, and his sentence offers some clues. Fagioli has been banned from football for seven months, but will then spend a further five months doing community service — involving speaking at amateur clubs, federal training centres and charities that deal with addiction. In addition, he will also undergo therapy for six months and has been fined €12,500.
While this offers some guidance for any potential punishment Tonali might face, the specifics of each case are also significant.
Fagioli cooperated with authorities early in the process, helping his case when bargaining a plea deal. Additionally, the length of any possible suspension for Tonali is also influenced by the extent and nature of any betting — for example, how many wagers he laid, or whether he ever bet on his own team, as is being reported. Fagioli did not gamble on any matches the clubs he played for were involved in.
Betting on football would put Tonali in breach of Article 24 of Italy’s sporting justice code. There is a provision in the same article for a ban of no less than three years for the violation and a fine of no less than €25,000. Such a ban would theoretically apply, in Tonali’s case, to the Premier League, too.
Striking a plea bargain with the FIGC prosecutor would help to reduce the ban, possibly by as much as half.
What would that mean for Newcastle?
Tonali is still eligible to play for Newcastle. Whether the club would choose to select him amid the disruption and distraction is a separate matter and could depend on how long the case takes to conclude. However, any suspension would then be applied worldwide — meaning Newcastle could not loan him out, for example, to protect the value of their asset.
In a sporting sense, this is a major blow. Tonali was the only one of Newcastle’s summer signings who immediately strengthened the starting XI. His ability to play multiple roles across midfield was intended to increase Newcastle’s fluidity, potentially allowing Bruno Guimaraes to involve himself more in attacking play. Though the season so far has seen Tonali face a period of adjustment, briefly losing his place in the side, performances against Aston Villa and Paris Saint-Germain have shown glimpses of his quality.
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But in many ways, the blow to Newcastle is not just on the pitch.
The club are operating close to FFP limits, with the Tonali transfer the summer’s biggest outlay. Any signing inhibits activity in future windows — and in Tonali’s case, his £55million fee means Newcastle are unlikely to be able to immediately find a replacement of similar quality due to FFP rules. There is a real possibility that Tonali’s signing — and possible unavailability for an extended period — could seriously inhibit wider investment in other areas of the squad.
The club cannot sign an expensive replacement without making room under the FFP ceiling, while Tonali’s transfer fee and wages will continue to be counted against FFP as they are amortised across the length of his five-year contract.
Would Newcastle still have to pay Tonali while he is suspended?
If a player is sanctioned, clubs have a range of disciplinary options available to them.
The stronger end of this may be terminating the contract — but short of this step, the player will be paid. For example, Ivan Toney, the Brentford striker currently serving an eight-month suspension for 232 breaches of the FA’s betting rules, has continued to receive his full salary.
That said, clubs can fine players, but there are strict restrictions on the maximum severity of any discipline. For example, any fine over two weeks’ wages has to be ratified by the Professional Footballers’ Association (PFA), with a maximum duration of a fine being six weeks’ wages.
One nuance to that is that clubs can levy a fine of up to six weeks without the PFA’s permission if the misconduct involved could lead to a dismissal.
Would it be possible for Newcastle to sack Tonali?
It is theoretically possible, but any offence would have to be a gross breach of contract — while there are also financial permutations to consider. If Newcastle were to sack Tonali, they would still be liable for the outstanding transfer fee, while not retaining any of the player’s value.
Clubs also have the option to pursue compensation from the player for breach of contract.
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“Notwithstanding relevant provisions in the player’s contract, hypothetically, Newcastle may be able to terminate the player’s contract and seek to recover damages,” says Dr Greg Ioannidis, attorney at law and professor of clinical sports law at Sheffield Hallam University.
“The latter would be affected, and it may be subject to a jurisdictional matter; for example, whether the case would be heard in England (under the Rule K arbitration) or FIFA’s football tribunal (given its international dimension) and subsequently at CAS (the Court of Arbitration for Sport) in Switzerland.
“It may also be the case that Newcastle wish to wait for the final outcome of the disciplinary proceedings in Italy before they make a decision on the matter.”
It is rare for a Premier League club to sack players under contract, with few examples.
In 2002, Dennis Wise was sacked by Leicester City following a pre-season fight with a team-mate, and Nicolas Anelka by West Bromwich Albion for performing a quenelle (an action with anti-Semitic connotations) after scoring in 2014.
These cases can also lead to lengthy legal proceedings.
Chelsea striker Adrian Mutu was sacked after testing positive for cocaine in 2004, with the club seeking compensation from the player. Mutu lost an appeal as recently as 2018.
In the Championship, English football’s second tier, club captain Richard Keogh was sacked by Derby County for gross misconduct in 2019 over his role in a car accident on a night out with team-mates. Keogh subsequently brought an action for breach of contract, securing a payout of £2.3million in 2021.
Is there a provision for this in footballers’ contracts?
Almost every contract contains a “gross misconduct” clause, which outlines behaviours that could see a player’s deal terminated.
While the exact nature and specificity of these can vary, there can be additional clauses that ban certain areas of misconduct.
“The interesting thing about the standard form of the Premier League contract is that while it expressly talks about things like doping, it doesn’t talk about betting,” says Stephen Taylor Heath, co-head of Sports Law at JMW Solicitors. “So that means the question would be whether it falls within the definition of gross misconduct, then the club can terminate on 14 days’ notice.
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“Gross misconduct includes persistent or serious breaches of the contract — and under section 3.2.5, that would include bringing the club or football into disrepute or doing something that causes the player or club to break the applicable rules.
“Bringing the club into disrepute is, to a certain extent, subjective.
“If there is a ban by the Italian FA, the key is whether the reason behind that ban is regarded as a breach of the relevant rules, whether that’s FIFA, UEFA or the FA and not just the Italian rules.”
An added complexity is whether any misconduct has occurred since Tonali became a Newcastle player this summer — or whether it predates his currently active contract.
The Athletic has asked the Football Association if it is investigating the case.
Do clubs have a duty of care to players in such a situation?
Clubs are expected to show a duty of care towards players, while individuals will also be supported by the PFA.
The Italian FA has already outlined its own commitments to Tonali, with its president Gabriele Gravina saying on Tuesday: “Gambling addiction is not a football problem, it’s a social plague. I assure you that whoever needs help, we will help. We need to put these people on a path to recovery. We will not abandon these boys. Ever.”
In the case of Toney, the striker was publicly supported by his Brentford head coach Thomas Frank, while it is also understood that their director of football Phil Giles helped behind the scenes.
Newcastle have facilitated Tonali’s continued involvement in training, and Tonali’s agent expressed gratitude for the support they have shown so far.
“I’d like to thank Newcastle,” said Riso on Tuesday. “They have always been by Sandro’s side. He is training, and could play on Saturday (at home to Crystal Palace in the Premier League). He’s realised he has to face up to this problem. The club is absolutely by his side.”
Do coaches and team-mates have a duty to report players they suspect of gambling?
Yes. In the Italian game, anybody holding suspicions is obliged to immediately report it to sporting authorities.
Article 24 of Italy’s sporting justice code says that those involved in professional football “who have become aware in any way that companies or persons have carried out or are about to carry out any of the acts indicated… are obliged to inform the federal prosecutor’s office without delay”.
The potential punishment for failing to report this is a minimum suspension of six months and a fine of at least €15,000.
Could Newcastle take legal action against Milan?
It has been asked whether Newcastle could claim compensation from Milan if it emerges the Italian club knew anything of the situation before the Tonali transfer was completed.
There is no suggestion that Milan knew anything about his alleged activities, and so there is little possibility of this being an option as it depends on a very high burden of proof that they deliberately mischaracterised relevant details.
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“It would be a long shot but, theoretically, this is one option Newcastle have, and it may form the basis of legal action, as Newcastle may take the view that Milan fraudulently or negligently misrepresented all material facts,” says Dr Ioannidis.
“This is a fact/evidence-based exercise and it may require a high degree of compelling evidence and certainly something more than what an agent said and/or omitted to say. Newcastle must also, from the outset, make it absolutely clear that they had no knowledge of the player’s alleged betting activity and/or were not in a position where they ought to have had such knowledge.”
Another topic is whether Newcastle’s due diligence could have uncovered details about the player before signing him.
However, one source at a leading due-diligence firm which has worked extensively with professional clubs, speaking on condition of anonymity to protect business relationships, said that while they had been asked to look into managers and directors of football, they had never been asked to investigate the subject of a potential transfer.
How much of the fee have Newcastle already paid and how much do they owe?
As is the case with most large transfer deals, it is understood that Newcastle will pay Milan the fee for Tonali in instalments. This allows them to spread the cost over multiple seasons, for both FFP and cashflow-related reasons. Tonali cost an initial £55million, with the possibility of a small number of add-ons increasing his overall price.
One exception was the £40million Newcastle paid to Everton for Anthony Gordon — which was provided in one lump sum to encourage the cash-strapped Merseyside club to complete that deal in January this year.
In Tonali’s case, however, Newcastle would still be liable for the remainder of the fee, of which the majority is thought to be owed.
Additional reporting: James Horncastle
(Top photo: George Wood/Getty Images)