The Number One Contender: Hands of Steal?

[Editor's Note: The Number One Contender is an exclusive SportsJudge column by licensed boxing manager Paul Stuart Haberman, Esq. Today's article is a discussion of the potential legal implications of Antonio Margarito’s hand-wrapping scandal on his career.]

On January 24, 2009, Antonio Margarito, riding the wave of career momentum that he gained following his emphatic dismantling of the previously undefeated welterweight champion Miguel Cotto, faced perhaps the highest level operator he had ever came across in professional boxing: former multi-division world champion and future Hall of Famer “Sugar” Shane Mosley. Installed as a 4-to-1 favorite, Margarito undoubtedly gave himself every advantage during his preparations for Mosley, from his conditioning drills to top-shelf sparring. But as their fight drew closer on the night of January 24, the question arose as to whether he gave himself one too many advantages, after a foreign substance was found on his hand wraps by staffers of the California State Athletic Commission (hereinafter the “Commission”). Early reports suggested that the still unidentified substance was moist, and appeared to have qualities similar to Plaster of Paris. The implication? That the 4-to-1 favorite and/or his corner sought to enter the ring against Mosley with an extra, potentially lethal advantage to combat Mosley’s superior hand speed and overall skill. The result? As of right now, a temporary suspension of Margarito and his chief corner man, Javier Capetillo, pending a full investigation.

Margarito and Capetillo’s temporary suspensions were administered pursuant to California Business & Professions Code § 18842 and California State Athletic Commission Rules 323 and 390. Section 18842 empowers the Commission to temporarily suspend licenses when doing so is necessary to “protect the public welfare[,]” while Rule 323 is the provision of the Commission Rules that places restrictions upon how a boxers hands can be wrapped, and Rule 390 provides, in relevant part, that the Commission that may fine, suspend, or otherwise discipline licensees if they conduct themselves “in a manner which is deemed by the commission to reflect discredit to boxing[.]” Pursuant to California Business & Professions Code § 18842, Margarito and Capetillo are now entitled to hearings regarding their suspensions, and have been asked to appear for an initial hearing on February 10, 2009. Their prospective penalties range from fines to revocations of their licenses. In the event that their licenses are revoked, they may not apply for new licenses until one year after the date of such a revocation. Any penalties assessed may be appealed to a superior court, but only upon questions of law.

If Margarito has his license suspended or revoked in California, he still has several options with regard to his boxing career. To start, no suspension or revocation in California, or indeed anywhere in the United States, need be recognized by any other country than Canada, as its provinces are aligned with the U.S.-based Association of Boxing Commissions (hereinafter the “Association”). Margarito can therefore take his show outside of North America. Further, given that any suspension or revocation would be administrative in nature, as opposed to medical, other North American commissions are also theoretically free to license him even if they are part of the Association. While “[a]ll medical and administrative suspensions placed on contestants by other athletic commissions will by recognized by the supervising commission[,]” the phrasing of this regulation appears to leave it open to an individual commission as to what they wish do with their knowledge of a suspension. Indeed, the Association’s Regulatory Guidelines contain the more binding term “shall” with regard to other regulations, but not with the regard to the recognition of suspensions by other member commissions. The wiggle room allows less stringent member commissions, such as Texas, which permitted Evander Holyfield to fight despite his administrative suspension in New York, and West Virginia, which hosted Tommy Morrison’s return to ring several years after testing positive for HIV in Nevada, to allow boxers such as Margarito to fight in the United States despite existing suspensions or grave medical concerns. However, the Professional Boxing Safety Act of 1996 federally mandates that a suspending commission and the Association have some measure of notice and input with regard to allowing a suspended boxer to fight under the jurisdiction of another member commission before a license is granted to the suspended boxer by same.

Any gaps in the universal enforcement of suspensions aside, many of the Association’s member commissions generally recognize each other’s suspensions or revocations. Uniformity is the lifeblood of the Association. Additionally, if Margarito does successfully defy any eventual suspension or revocation resulting from this incident, he may find himself shut out of fighting in California for a long time. Under California Business & Professions Code § 18850(a), “[a]ny boxer or martial arts fighter who participates in a contest or match while under suspension by the commission, or any other recognized commission, shall have his or her license revoked.” In short, Margarito can continue to pursue his boxing career in North America or abroad. It may be especially tempting to head back to his homeland, Mexico, where the crowds he can draw would parallel those that he drew to the Staples Center for his bout with Mosley. But if Margarito wishes to fight again in California, or any other major host of boxing in the United States any time soon after any suspension or revocation, he is best advised to sit out until the suspension is over or until he is free to reapply in California. No need for the Mosley fight to continue resulting in career losses for Margarito.

Paul Stuart Haberman, Esq. is an attorney at the New York law firm of Heidell, Pittoni, Murphy & Bach, L.L.P. He is also a New York State licensed boxing manager and the Chairman of the Sports Law Committee of the New York County Lawyers Association. ©

[Interested in reading more of Paul Stuart Haberman's boxing analysis? Be sure to check out his tips on how to effectively handicap an upcoming match.]

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