Liliya Shobukhova Might Have to Return Prize Money (2024)

Russian marathoner Liliya Shobukhova received more than $1.4 million in prize money between her three Chicago Marathon victories (2009-2011), one London Marathon win (2010), and two World Marathon Majors series championships (2009-2010 and 2010-2011). However, after the Russian Athletics Federation handed her a two-year ban this week for doping, she could have to pay all of that money back, as long as the ban is upheld. (Shobukhova has the chance to appeal it.)

“There may be breach of contract involved, breach of conditions in contract or breach of expressed contract, and all of those will give organizers the right to reclaim money,” Nick Bitel, the general counsel for the World Marathon Majors, said when reached by phone on Wednesday. Bitel spoke in general terms about athletes in this situation because he can’t specifically comment on the Shobukhova case.

The bigger issue is not necessarily which contractual term Shobukhova violated, but how these organizations might go about getting their money back. Shobukhova is a Russian citizen who collected prize money from one race in the United States and another in Europe. In addition, the World Marathon Majors is a collection of six races spread out across three different continents, including Asia. Since the Russian Federation does not have a treaty with the United States or Great Britain, the question becomes about the enforceability of any judgment. “Just because you get a judgment in the U.S., doesn’t mean you can enforce it in the Russian Federation,” says Bitel.

One of the best-known examples of this dilemma involves the Romanian soccer player Adrian Mutu who was fired from his European football club, Chelsea, in 2004 for a positive drug test. According to the BBC, Chelsea claimed Mutu breached his contract and sued him to recoup part of the $26.6 million it spent to acquire him.

Only after five years of legal disputes between the two sides, did the Swiss Federal Court rule in Chelsea’s favor. Still, Mutu did not pay Chelsea, so, last fall, FIFA ordered the two subsequent clubs Mutu played for after Chelsea—Italy’s Juventus and Livorno teams—to pay Chelsea the due funds.

A case against Shobukhova for repayment could take years by the time it reaches the notoriously slow Russian courts. To try and prevent any legal maneuvering, clearly-worded clauses are now written into athlete race contracts. Each of the World Marathon Majors elite athlete contracts has provisions that stipulate the organizers have the right to recover any appearance fees, prize money, and travel reimbursements paid out to that athlete, should the athlete not fully comply with anti-doping rules. The terms of this agreement cover the time period before, during, and even after the race. The World Marathon Majors series standings prize money is also covered by the contracts the runners enter into with the individual races, according to Bitel.

Chicago Marathon race director, Carey Pinkowski, declined to comment for this article, though the World Marathon Majors press department issued a statement that said if Shobukhova were to be found guilty of a doping offense, the World Marathon Major races would seek repayment from her. Neither the World Marathon Majors organization nor the Chicago or London Marathons indicated how, or if, the prize money disbursements might be adjusted to compensate any runners displaced by Shobukhova in the results.

The IAAF, which oversees the Diamond League meets and world championships, has a provision in its handbook that directly addresses this issue. Under rule 40.8, it states the following about prize money forfeited due to violation of an anti-doping rule.

(a) Allocation of Forfeited Prize Money: where prize money has not already been paid to the Ineligible Athlete, it shall be re-allocated to the Athlete(s) who placed behind the Ineligible Athlete in the relevant Event(s) or Competition(s). Where prize money has already been paid to the Ineligible Athlete, it shall be re-allocated to the Athlete(s) who placed behind the Ineligible Athlete in the relevant Event(s) or Competition(s) only if and when all the forfeited prize money has been repaid by the Ineligible Athlete 
to the relevant person or entity; and

(b) as a condition of regaining eligibility after being found to have 
committed an anti-doping rule violation, the Ineligible Athlete must first repay all prize money forfeited under Rule 40.8

What if Shobukhova is found guilty of a doping offense, but has either spent or is otherwise unable to pay back the $1.4 million? “It would be no different between her and any other litigant,” says Bitel. “They are liable for bankruptcy.”

Making it more complicated from an athlete’s financial point of view is the possibility of the 36-year-old Shobukhova deciding not to return to competition. If she isn’t concerned about regaining her eligibility, there might be less incentive for her to want to pay back the prize money than if she intended to compete again.