Lawyer reveals whether Newcastle could renege on Tonali transfer as he ‘risks one-year ban’

An Italian lawyer has revealed whether Newcastle United could ask for a review of their transfer agreement with AC Milan if Sandro Tonali is found guilty of breaching betting rules.

The Newcastle midfielder and on-loan Aston Villa forward Nicolo Zaniolo last week returned to their clubs from Italy’s training camp after it emerged they were being investigated by the Turin Public Prosecutor’s Office..

Juventus midfielder Nicolo Fagioli, who was also being probed, has been handed a seven-month suspension by the Italian Football Federation over a breach of betting rules.

Sky Sports have claimed that Newcastle are ‘shocked and surprised at the revelations, but are for now making no comment’ after Tonali ‘admitted to betting on matches – both in which he played and didn’t play – for Milan to win’ at his hearing on Tuesday.

The Magpies only signed the Italy international from Milan in the summer in a £55m deal from the Italian giants and lawyer Emiliano Cardena from La Scala associates – who is an expert in sport law – was asked whether the Serie A club’s agreement with Newcastle is at risk if Tonali is found guilty.

Cardena said: “In my opinion, the only risk that could arise is if Newcastle were to demonstrate that Milan was aware of such a fact and had omitted, in the sale, to inform the other party.

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“The relationship with Milan is resolved today, and that of the Rossoneri with Newcastle is an indirect relationship, but I repeat that for me the only way is to demonstrate knowledge of the event and that they did not prevent it.”

When asked what risks a player takes when betting on football on illegal gambling sites, Cardena adds: “We must take into account a general principle: there is autonomy between the federal football system and the state one. In this autonomy, the sports system is free to pursue its own punitive sentence with autonomous means, rules and tools.

“Now, taking into account the different qualifications between ordinary citizens and footballers, it must be considered that those who bet, regardless of whether they are footballers or citizens, on illegal sites, risk being accused of a crime.

“There is a law that prosecutes illicit gaming and clandestine betting. It has established, over time, two types of crimes: fraud in sporting competitions and sporting activities involving gaming and betting.

“Let’s consider that, as regards the first, it is the promise that ensures that the team achieves a different result than that which would have been achieved if the match had taken place. For the second type of crime, however, state law punishes those who illegally organize illegal games and betting. A footballer is punished just like an ‘ordinary’ citizen, anyone who participates even on a platform.

“The risk is arrest for up to 3 months and a fine of up to 500 euros. However, the concern for a footballer who bets on illegal sites is not linked to state law but to sporting law. In some ways that is manageable, the penalties are not unsustainable.”

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