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02/02/2009 Archived Entry: "Association of Boxing Commissioners' Legal Committee Conference Call"
Association of Boxing Commissioners' Legal Committee Conference Call
January 21, 2009
Posted courtesy of Jake Hall, Indiana Boxing Commissioner
Members participating
Tim Lueckenhoff
Greg Sirb
Nick Lembo
Bruce Spizler
Members absent
Joanna Aguilar
Dan Fitzgerald
Dan Fitzgerald
Linda Acampora
New Business
1. Recommendations of Matt Yanofsky as to how to “fix” the problems in boxing
In an unsolicited e-mail received by Tim Lueckenhoff, an individual named Matt Yanofsky submitted “my solutions in how to help fix pro boxing” and requested that the ABC “legal officials” consider the same. The four offered “solutions” entail:
• All bout contracts expressly state the specific deductions that are to be taken from a boxer’s purse and who is to receive each specified amount, with each designated person (including the boxer) receiving a separate check
• A “licensed tax official” be present at all boxing events for the purpose of withholding taxes from the boxers’ purses, with each recipient of monies (including the boxer) being responsible only for the taxes due on his/her percentage of the purse
• Proposed penalties for anyone not adhering to these requirements
• Offer of a “whistle blower” award to anyone reporting a violation of these requirements
The ABC Legal Committee requested that Tim Lueckenhoff send a letter to Mr. Yanofsky extending to him the Committee’s appreciation for providing the ABC with his insights and providing the ABC with the opportunity to further contemplate the feasibility of implementing the same.
2a. The advisability of ABC letters to Governors and State Attorneys General (or the equivalent positions regarding Indian Tribes) for States or Tribes that allow MMA events (particularly amateur MMA events) to be promoted within their jurisdiction in the absence of express statutory authority for, and governmental regulation of, such events.
Wally Jernigan requested that the ABC Legal Committee consider the advisability of the above course of action. After careful consideration, the ABC Legal Committee, noting the ABC’s absence of authority to prohibit such activity, as well as its previous course of action in such matters, agreed that such letter writing is the only course of action it has available to it and agreed that it will do so.
2b. Tommy Morrison – Combat sport (boxing, MMA?) scheduled for 1/31/09 in Laramie, Wyoming
On January 21, 2009 (the day of this meeting), the ABC Legal Committee learned that “Ultimate Xplosion,” a boxing event, MMA event, or a hybrid of the two promoted by “Who’s Your Daddy Productions,” is scheduled to be held in Laramie, Wyoming (where there is no boxing commission) on January 31, 2009 featuring Tommy “The Duke” Morrison. Tim Lueckenhoff will send a letter to the appropriate U.S. Attorney’s Office in Wyoming, as well as the Governor of Wyoming, advising these respective Offices of the upcoming event. The letter will note that, if the event is boxing, 15 USC §6303 requires that it be supervised / sanctioned by a boxing commission from another state (in the absence of Wyoming having its own); and if it is MMA or some other combat sport, unless such activity is expressly authorized under Wyoming law and regulated by a governmental body, it is the position of the ABC and the AAPRP that such an event should not take place. The letter will note that, in the absence of appropriate governmental regulation, including the adherence to well-established medical requirements, the health, safety and welfare of the participants may be jeopardized. Finally, the ABC will request that the respective Offices investigate these matters and take whatever action they may deem appropriate.
3. Simultaneous knock-outs in MMA
Based upon a recent occurrence of simultaneous knock-outs in an MMA event (the MMA contestants landing respective strikes to the opponent’s head at precisely the same time, resulting in each falling to the mat in an unconscious state), one member of the ABC Legal Committee opined that such a result should be deemed a “technical draw,” while another member of the Committee opined that the result should be a “double loss by KO” with attendant medical suspensions. The matter will be referred to the ABC MMA Committee for resolve.
4. Request for ABC records from a member of the ABC
Considering that, historically, the ABC has operated in a transparent and open manner, the ABC Legal Committee opines that compliance with the recent request by one of its members for certain financial records is appropriate.
Respectfully submitted,
Bruce C. Spizler
Chair
NEXT MEETING – WEDNESDAY, MARCH 4, 2009 AT 2:00 P.M. EST
