There are a lot of ways for an athlete to bring their sport in to disrepute – drugs, violence, alcohol and saying the wrong thing at the wrong time are just a few that come to mind.
It now appears we can add declaring bankruptcy to this list.
The latest chapter in the Nick D’Arcy saga is D’Arcy declaring bankruptcy, in a move that will see him avoid having to fork out the $180,000 he was ordered to pay Simon Cowley in a civil suit hearing earlier this year.
(Cowley is, for the uninformed, the fellow swimmer whose face D’Arcy smashed with a single elbow in March, 2008.)
In response, Australian Olympic Committee (AOC) Media Director Mike Tancred said, “There’s nothing in the team agreement which says you can’t be selected if you are bankrupt.
“But they would have to decide whether they feel that he’s brought himself into disrepute by taking this action.
“You’d remember we didn’t take him last time. We chose not to take him last time because he brought himself into disrepute.”
In saying this, the AOC is setting a dangerous precedent – that declaring bankruptcy is as disreputable as being convicted of a felony as serious as assault.
Before continuing down this slippery slope, the AOC would do well to remember that the Olympics were originally supposed to be for amateur sportspeople and, though this is no longer the case across the board, plenty of Australia’s athletes competing in 2012 will be there on a shoe string budget.
Some may have even declared bankruptcy once or more in the pursuit of being the best in sports which don’t provide significant financial gain. Sports such as swimming.
Sure swimmers such as Ian Thorpe and Stephanie Rice aren’t short a quid but for every multiple gold medal winning athlete at the top of the pyramid, there are thousands below pushing those at the top to be better and receiving next to nothing for it.
Though victory over Michael Phelps earlier this year is evidence D’Arcy is pretty close to the top of the swimming pyramid, his actions in 2008 have more or less ensured sponsorship and corporate dollars will go to the Australian women’s table tennis team before they go to him.
So let’s have a stab at his finances.
D’Arcy is a 24 year old student who swims fulltime. Even if he had a part time job as a bartender on the side to help make ends meet, does he sound like the kind of person who could afford to pay out $180,000?
Compounding the issue is the fact D’Arcy is due to pay Cowley’s court costs and interest, making the sum closer to $380,000 (according to the Sunshine Coast Daily).
Then there’s the fact that D’Arcy has to pay his own legal fees, a bill which was footed by his father. As a result D’Arcy has reportedly listed both his father and Cowley as his creditors in filing for bankruptcy.
All told, D’Arcy is said to owe something in the vicinity of $800,000.
Any other 24 year old student, with a criminal conviction, who owes close to a million dollars, would be advised that declaring bankruptcy is their only option.
But Nick D’Arcy is told he is bringing himself in to disrepute and has been accused by Cowley’s lawyer, Sam Macedone, of “walking away from this whole mess and this debt and this judgment that he owes.”
Perhaps Mr Macedone heard D’Arcy incorrectly. To clear it up, D’Arcy didn’t declare “I’m going on holiday”. He declared bankruptcy.
This is a situation where his bankruptcy trustee will in effect be a financial parole officer over him for the next three years. Certain assets may be forcibly sold to pay debts, overseas travel has to be approved and earnings can be garnished once they reach a certain threshold.
At the end of this three year period (provided it isn’t extended, which it can be for up to five years) D’Arcy will then have a credit report showing him as a “discharged bankrupt”. This is something banks just love when deciding whether or not to grant a mortgage to, say, a young man approaching 30 who is looking to buy his first home.
And bankruptcy is the tip of D’Arcy’s iceberg when it comes to paying for “this judgement that he owes”. He was given a suspended prison sentence, kicked off the Beijing Olympic team, kicked off the Australian swimming team and has seen his name become synonymous with thuggery.
All for a moment of madness, while on the drink, at the extremely impressionable age of 20.
But that’s all beside the point, because this isn’t a decision that requires the AOC’s compassion, just their common sense. And to decide that declaring bankruptcy is an action worthy of expelling D’Arcy from the Australian Olympic team – again – would bring the AOC in to disrepute.
Australian supporter
Guest
This is a joke. Typical of Generation Y thinking they can do anything - and we empower them ! Nick smashed a fellow competitors face and broke his jaw unprovoked with his ELBOW (not a stray punch)but a professional attack AND Which is NOT his first time injuring someone. He has been kicked off multiple Australian teams.... So, after all this, we still pay for his training,miss flights to England. We pay for him doing everything at the Olympics.....and we let him file for bankruptcy so he doesn't have to pay for court costs, payment to Crowley, or any other type of punishment. Then. He doesn't even qualify for the final race at the olympics..... We are a laughing stock for giving him everything.. How about you pay me to go to England for next years triathlon world championships ? I have never bee arrested for punching anyone, I i pay all my bills and I never bring my sport into disrepute.... Oh, and like Crowley, I probably won't make the final 8... I think I should get some of that $32 million that goes Ito the swimming team !
Lucan
Guest
Something "wonderful" for D'Arcy? On top of national team selections, training camps, gov't funding, opportunities many sports people never get to see?
Happy Hooker
Guest
Even if his parents were able to afford it, why should they spring for their son? There's no point suing someone unless you are certain they have the means to pay if you win. Cowley may be the wronged party in this, but surely it should come as no surprise that a fringe member of the Aussie swim team doesn't have a lazy $800k lying around. He may have been badly advised.
b wickham
Guest
Nick does NOT look smug at all, he looks heartbroken and very sorry. Everyone has made mistakes and we never heard the other side of this. I pray something wonderful happens to Nick soon, Hang in there Nick ttere are plenty behind you. God Bless.
Jack Russell
Roar Guru
It's an interesting case, but I don't think anyone's suggesting that simply declaring bankruptcy on it's own should bar anyone from competing at the Olympics. In most cases involving debt, you can get into arrangements for partial payments over a period of time. I've seen reported this wasn't even attempted by D'Arcy. On face value, he's simply declaring bankruptcy out of spite. Which is where the issue of disrepute comes into it. Just because something is completely legal doesn't mean that it's acceptable.
amazonfan
Guest
Nonsense! D’Arcy assaulted him. He has no obligation to 'cop the punch' and as for being a 'dobber', this isn't the playground.
Jimbo
Guest
Good article. Whilst d'arcy comes across as a smug prick a lot of the time, by the sound of it Cowley was far from blameless in this whole saga. We don't know how hard the slap was, or what was said in the lead up. Whilst I don't have a whole lot of sympathy for D'arcy, I don't have much for Cowley either. And as an aside, you are correct in saying that it is hardly surprising that D'arcy is unable to meet his debts in this case, either. -- Comment left via The Roar's iPhone app. Download The Roar's iPhone App in the App Store here.
toddm
Guest
so heres a question the way we live life these days - bully are anyone who make us feel bad,sad cause depression, intimidate, harass make us feel unsafe or inferior, they instigate poor behavior and most of the time try to show off to make them self feel better. So i know it has gone through a court of law now but what did Cowley really do to instigate the punch ??? I have read he slapped Nick and Nick reacted or did he abuse him ?? embarass him in front of a group of peers ??. Is this correct and if so why does cowley not except any responability for the actions ?? I watched something about a young kid a school standing up for himself picking up and dropping a bully on his head and everyone came out and was proud of him for taking action. Is this so different to Nick being 20 yrs old on the honey water reacting to being iembarrased or imtimidated ?? Im no expert but these days we teach our kids to stand up for themselves and not to show any fear or they continued to get targeted. Is what Nick done act out at a bully and put a bully back in his place - asi said im no expert but nobody just hits some one with out being provoked in one way or another - just an unlucky punch at the end of the day thats ruined to lives - but i still wonder how many people would act the same way being provoked ?? I know some of you will say no excuse for it, but if you watch your child being bullied or embarrased wouldnt you tell them to stand up for them selves ??
Johnno
Guest
The thing form reading the newspapers at least as a source, on this case, D''racys father sounds upper middle class, but I wouldn't classify his parents as rich, with endless money pits to cover for his son. I don't know if they have to sell there house, but I think Nick's actions are hurting his parents bank blanche quite hard. Nck's dad does not sound like he has financial reserves of Bill Gates. They sound upper middle class.
johnny-boy
Guest
He has plenty of history attacking others. It's not as if he didn't have it coming. It's a pity someone doesnt just take him round the back and beat the crap out of him. Probably best life lesson he will ever receive. It's not as if Daddy couldn't bail him out. After all, who brought him up to be like that ?
Lucan
Guest
Let's get some perspective on the numbers quoted in this article: Estimated $800k, of which $180k was damages, $200k was Cowley's court costs. That suggests D'Arcy's OWN COSTS were $420k. He got himself into the situation with his stupid and dangerous actions, and he's the one responsible for any and all debt incurred as a result.
WoobliesFan
Guest
Wow Seano. The injuries sustained by the victim go beyond (according to the reports) any sort of discussion around "cop it on the chin". Think about it - what if soemone landed one punch to your face, with full force, at exactly the right angle and projection, to cause the most damage possible.....you'd be taking a different tune I tihink. However, there is something to this story in that Mr Cowley seems hell-bent on bringing D'Arcy down. Also, $800k for all costs incurred is massive. Is that fair? Don't know.
Johnno
Guest
Wow Seano hard man. Okay role reversal time Seano. Cop the punch( A punch that required a lot of medical surgery and life long emotional and physical trauma ) Seano done to you, and you move on. See how easy and forgiving you will be mate. Im sure you would have some hunger to put the bloke who would hypothetically do that to you Seano, to either give you a large financial settlement, or some form of appropriate punishment. So you cop the more than just a punch Seano, you take that punch and simply just move on then mate.
Lucan
Guest
You're blaming the victim of the assault?
Seano
Guest
To owe 800k for elbowing a smart ass at 20 on the turps is a joke!!! I feel sorry for nick and I hate the dobber!! Cop your punch an move on!! -- Comment left via The Roar's iPhone app. Download The Roar's iPhone App in the App Store here.
King of the Gorgonites
Roar Guru
exactly. I am actually starting to feel sorry for the guy.
Johnno
Guest
Thanks KOTG, i read the link there are defiantly financial and quality of life restrictions, so it is not a pleasant thing to deal with being declared bankrupt in Australia in 2011.
King of the Gorgonites
Roar Guru
Bit of info on it here................ http://www.itsa.gov.au/dir228/itsaweb.nsf/docindex/bankruptcy-%3Ebankruptcy+overview
King of the Gorgonites
Roar Guru
First decent article i have read on this. spot on.
Johnno
Guest
Im no economist, but I still do not think bankruptcy is an easy thing to have over your head in Australia in 2011. Maybe I am wrong I am no lawyer, but there are financial restrictions on some one who is declared bankrupt, it is hard to manoeuvre around it. I do not know what those financial restrictions are but they are quite tough on the individual and even if you have supportive friends to do transactions for someone who would be declared bankrupt, you often hear of unscrupulous bussnessman who, mysteriously there are millions in assets in there wife or adult children's bank account, or vast amounts of real estate are owned by everyone in there family but them. But apparently bend declared bankrupt has financial restrictions in Australia, but I do not know exactly what they are, but they are quite bad or are they I don't know.