Robert Hoyzer

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Robert Hoyzer
Personal
Surname Robert Hoyzer
birthday August 28, 1979
place of birth West Berlin , Germany
Club information
society Hertha BSC (until 2005)
Games by division
Years Division Games
2003-2005 2nd Bundesliga 11
As of January 21, 2005

Robert Hoyzer (born August 28, 1979 in West Berlin ) is a former German football referee . He was one of the main characters in the 2005 soccer betting scandal . In the course of the scandal, Hoyzer admitted at the beginning of 2005 that he had influenced the outcome of football games he directed in return for donations in kind and money in order to enable participants in sports betting to make a profit. He was banned for life by the German Football Association (DFB) in 2005 . This ban was partially lifted in April 2011. Hoyzer was allowed to act as a player again in the amateur field, but he is not allowed to exercise the office of referee again.

Life

Hoyzer, whose father Peter was a referee at FC Spandau , grew up in Berlin-Spandau . After graduating from high school, he began studying sports management at the Salzgitter University of Applied Sciences , which he broke off. Since the beginning of the 2002/03 season he was on the list of DFB referees and, until his suspension, headed twelve games in the 2nd Bundesliga , as well as matches in the DFB Cup and in the regional league . After various positions as a football official, Robert Hoyzer changed his job privately. He has been responsible for the Lead Sales & Account Management team at idealo internet GmbH since September 2017.

Criminal proceedings against Hoyzer

Hoyzer confessed in full before the Berlin Regional Court and therefore hoped for a suspended sentence. On November 17, 2005, however, the Berlin Regional Court sentenced him to a prison sentence of two years and five months for aiding and abetting fraud , which could not be suspended due to the size of the sentence (more than two years) . Then Hoyzers lawyers submitted revision in federal court one.

The appeal proceedings were negotiated before the 5th criminal panel of the BGH . On November 28, 2006, Federal Prosecutor Hartmut Schneider applied to the Federal Court of Justice to reverse the judgment of the Berlin Regional Court of November 17, 2005. The federal prosecutor's office denied that Hoyzer was criminally liable for aiding and abetting fraud, since the main perpetrator, Ante Sapina, had not committed himself to be criminally liable for fraud. According to the Federal Prosecutor, there is a lack of the deception required to make fraud criminal offenses. The district court assumed that whoever entered a bet also tacitly declared that they had not manipulated the subject of the bet. Sapina was wrong about this. After the application, the federal judges made it clear that they saw a need for discussion and that the legal question would have to be submitted to the Grand Senate of the Federal Court of Justice for decision.

The 5th Criminal Senate of the Federal Court of Justice in Leipzig confirmed the judgment and the legal opinion of the Regional Court on December 15, 2006: "When concluding a betting contract, the bettor conclusively declares that he has not manipulated the games he has bet on."

Robert Hoyzer was released early on July 18, 2008; the Berlin district court suspended the execution of the remaining sentence for good conduct on probation.

The "soccer betting scandal"

Initial suspicion

Initially, only the game in the first round of the DFB club cup on August 21, 2004 between the regional division SC Paderborn 07 and the Bundesliga club Hamburger SV was affected . It had surprisingly ended 4-2, also because Hoyzer imposed two more than questionable penalties against HSV that led to goals. A dismissal against the HSV player Emile Mpenza for insulting the referee had initially turned out to be justified. Since the "reason for the insult" had been the referee's obvious manipulation, Mpenza was then pardoned by the DFB.

Investigations

On suspicion of fraud, the public prosecutor's office in Braunschweig, responsible for Hoyzer's place of residence in Salzgitter , initially started investigations, but shortly afterwards transferred the case to Berlin because the possibly manipulated soccer games had taken place before Hoyzer's move from Berlin to Salzgitter. In Berlin, the DFB also filed its own criminal complaint. In addition, a number of football clubs who believed they had been affected initiated sport or civil action. Based on the information provided by Hoyzer, the suspicion of manipulation became more concrete in the period that followed, and the investigation was expanded to include other games and people. The Hoyzer case turned into the 2005 soccer betting scandal .

consequences

The Hoyzer title for people who cheat or are suspected of cheating quickly spread. She specifically stood in football for a referee who allegedly made a wrong decision. In sport, it is considered to be an insult to the referee and can therefore result in personal punishment against the perpetrator (expulsion from the field for players, expulsion from the bank for coaches, fines) or administrative measures against a club.

The made-up word hoyzern (verb) took 7th place in the poll for Germany's Word of the Year 2005.

Timeline: The Hoyzer case

January 21, 2005

After the allegations of the four referee colleagues Lutz Michael Fröhlich , Olaf Blumenstein , Manuel Gräfe and Felix Zwayer became known , Hoyzer emphatically denies having anything to do with match- fixing . But he is resigning his office as referee and announcing that he will also give up his membership at Hertha BSC .

January 25, 2005

On legal advice, Hoyzer announced that he would challenge the return of the referee's license because he had only signed the waiver under pressure from the DFB. He will also not leave the club at Hertha BSC.

January 27, 2005

Hoyzer admits that the allegations were correct and that he received monetary and material benefits for the match fixing. He also accuses other referees, a number of players and other people of being involved in match-fixing.

February 8, 2005

Hoyzer appears on the Johannes B. Kerner show and apologizes to all German football fans. He stressed that he would support the investigations of the public prosecutor and the DFB with information.

February 12, 2005

An arrest warrant against Hoyzer, which the district court of Berlin-Tiergarten already issued on February 10th for “complicit commercial and gang fraud in eight cases”, is being carried out because of the risk of escape .

February 25, 2005

Hoyzer is released from pretrial detention because the court considers it “justifiable to counter the risk of escape through more lenient measures than imprisonment.” He is required to report to the police three times a week and his passport is withheld.

April 12, 2005

Hoyzer declares his resignation from the Hertha BSC club in order to evade the jurisdiction of the DFB jurisdiction.

April 26th and 27th, 2005

Hoyzer joins the Essen club Sportfreunde Steele 09 and announces that he wants to face the judgment of the DFB sports court. At the same time it became known that the DFB was considering waiving the originally requested fine of 50,000 euros because of Hoyzer's willingness to cooperate.

April 28, 2005

Hoyzer is banned from the DFB for life. He may not act as a referee, coach or player within the DFB.

May 27, 2005

In a civil lawsuit before the Salzgitter District Court , Hoyzer is sentenced by default to replace betting income. The decision is not legally binding, after Hoyzer's objection the process will continue.

October 18, 2005

The criminal case against Hoyzer and five co-defendants for fraud, etc. begins before the Berlin Regional Court . The proceedings against another 19 accused have been separated beforehand because investigations are still ongoing there.

November 17, 2005

Hoyzer is sentenced to two years and five months' imprisonment for aiding and abetting fraud before the Berlin Regional Court.

November 24, 2005

Hoyzer's lawyers appeal to the Federal Court of Justice .

March 2, 2006

Der Spiegel reports that Hoyzer wants to play American football for the German club Berlin Adler in the future .

April 12, 2006

The American Football Association Germany announced that no player pass could be issued for Hoyzer: The Adler should not have accepted him as a club member due to a provision in the statutes of the German Sports Association.

November 28, 2006

The 5th criminal division of the Federal Court of Justice hears the Hoyzer case in Leipzig. Federal Prosecutor Hartmut Schneider requested that the judgment of the Berlin Regional Court be set aside. The defense attorneys followed suit. The presiding judge at the Federal Court of Justice Clemens Basdorf stated at the hearing that he saw a need for discussion with regard to the question of criminal liability as fraud. If necessary, the legal question will have to be submitted to the Grand Senate of the Federal Court of Justice.

December 15, 2006

The Federal Court of Justice in Leipzig rejects the appeal of the defense and confirms the judgment of the Berlin Regional Court. After that, Hoyzer has to serve the prison sentence of two years and five months. The judgment is final.

April 13, 2007

The DFB is asserting claims for damages of around 1.8 million euros against Hoyzer. The amount essentially consists of referee fees wrongly received, procedural costs and the settlement concluded by the DFB with Hamburger SV in connection with the manipulated cup game at SC Paderborn.

May 18, 2007

Entering prison in the Berlin prison hook field .

April 4, 2008

The DFB reaches an agreement with Robert Hoyzer, according to which Hoyzer recognizes a compensation amount of 750,000 euros. Of this, he is to pay 126,000 euros over a period of 15 years, which will be used for social purposes. Subject to the fulfillment of further conditions, the DFB then waives the assertion of the remaining claim.

July 18, 2008

Robert Hoyzer is released early on July 18 after serving half of his sentence.

April 13, 2011

Theo Zwanziger accepts Hoyzer's petition for clemency. He can now play football again as an amateur at regional association level.

Broadcast to Austria

According to Hoyzer, the Austrian Bundesliga club SC Schwarz-Weiß Bregenz , which has since gone bankrupt , is also said to have been involved in betting manipulations. The players named by Hoyzer (including the goalkeeper Almir Tolja from Bosnia ) could not prove any such machinations.

Further career in football

On May 16, 2011, Hoyzer signed a contract as a midfielder at the Berlin-Spandauer Club SSC Teutonia 1899 in the state league, season 1. He was also the team's captain. After finishing his playing career, he became the sporting director of this club. As an amateur, Hoyzer played from July 2013 with the seniors of the FSV Spandauer Kickers, alongside Oliver Kelm, Markus Kelm and Andreas Biermann .

For the 2014/2015 season , Hoyzer was hired by the regional league club Berliner AK as technical director and was responsible for marketing, sales and communication on a voluntary basis. For the 2015/16 season he moved to FC Viktoria 1889 Berlin as Technical Director , where he was also responsible for marketing, sales and sponsoring, but this time on a full-time basis. In October 2017, Hoyzer and the club announced that they would go their separate ways in the future. He then returned to FSV Spandauer Kickers , where he played in the senior team and was team manager in the 2018/2019 season.

Web links

Individual evidence

  1. a b DFB boss Zwanziger pardoned scandal referee Hoyzer. Bild.de, April 13, 2011
  2. Frank Bachner, Tanja Buntrock: When the son with the father. Tagesspiegel.de, April 17, 2005, accessed December 12, 2012.
  3. Asanka Schneider: Robert Hoyzer ex-scandal referee - What is Hoyzer doing today? Sport-90.de, March 4, 2019, accessed on March 4, 2019 .
  4. It goes on to say: “As is fundamentally the case for any contract , the expectation that the contractual partner has not intentionally manipulated the subject of the contract in an immoral manner forms an indispensable basis for business. For this reason, circumstances that are decisive for the recipient of the declaration are usually tacitly declared. ” Convictions in the soccer competition scandal are final Federal Court of Justice, press office press release no. 174/2006, December 15, 2006
  5. Dietmar Hipp, Markus Verbeet, Michael Wulzinger: Alone among crooks. Spiegel Online, December 4, 2006
  6. ^ "Federal Chancellor" on the Word of the Year 2005. ( Memento from October 16, 2006 in the Internet Archive ) Press release from December 16, 2005 on the website of the Society for German Language
  7. Chancellor before Rotten meat. Welt.de, December 16, 2005
  8. The DFB claims damages against Robert Hoyzer. Announcement on the website of the DFB from April 13, 2007.
  9. ^ Settled legal dispute between the DFB and Robert Hoyzer. Announcement on the website of the DFB from April 4, 2008.
  10. Ex-referee Hoyzer is released early. Welt.de, July 17, 2008.
  11. Suspicion of manipulation shocks Austria. Stern.de, February 8, 2005
  12. Ex-Bregenz-Trio is compensated. Standard.at, April 20, 2006
  13. Robert Hoyzer: Ex-referee plays football again. Focus.de, May 16, 2011, accessed on May 17, 2012.
  14. Contact details with photo on the SSC Teutonia website ( Memento from October 22, 2013 in the Internet Archive ).
  15. Training start for seniors. ( Memento from July 7, 2013 in the Internet Archive ) News about new entries on the website of the FSV Spandauer Kicker, July 3, 2013, accessed on July 15, 2013
  16. ^ Matthias Koch: Ex-referee: Robert Hoyzer becomes technical director at the Berlin AK. Tagesspiegel.de, May 31, 2014
  17. New job for Hoyzer at FC Viktoria 1899. Kicker.de, June 16, 2015
  18. Robert Hoyzer ex-scandal referee - What is Hoyzer doing today?