Swiss America’s Cup Team Says Oracle Employed a Spy in Europe

The tradition of spying in the America’s Cup is apparently alive and well. Jean Antoine Bonnaveau, an employee of the American team BMW Oracle Racing, is under investigation by the Swiss and French police for taking photographs last month at Alinghi’s base in Villeneuve, Switzerland.

The investigation became public when the Swiss yacht club that Alinghi represents, the Société Nautique de Genève, included a copy of a police report concerning Bonnaveau with an affidavit it filed this week. The affidavit was submitted for a hearing on Thursday at the Supreme Court of the State of New York related to the still-unresolved terms of the next Cup.

“A spy from BMW Oracle was spotted trying to gather illegal information from the Alinghi boatyard in Villeneuve,” Paco Latorre, a spokesman for Alinghi, said in a telephone interview.

The BMW Oracle spokesman Tom Ehman played down the incident and accused the Swiss team of engaging in diversionary tactics.

“Société Nautique de Genève (S.N.G.) is once again trying to avoid the Court’s clear judgment by making trumped-up allegations that have nothing to do with the matter at hand,” Ehman said in a statement. “Legal observation of competitors is common practice in the America’s Cup and other major sporting events.”

The Cup, the most visible event in sailing, has long generated controversy and legal fees. Spying and claims of nautical espionage are not new. During the 1992 Cup in San Diego, Bill Koch, the owner of the victorious America, employed scuba divers to examine competitors’ hull designs. During the 2003 edition, the American challenger OneWorld was penalized for being in possession of proprietary design information that belonged to rival syndicates.

Syndicates routinely use chase boats to examine other teams’ yachts and tactics during training. When BMW Oracle launched its new 90-foot trimaran last year in Anacortes, Wash., Ehman said there were Alinghi employees on site observing and analyzing the yacht. He added that Alinghi representatives were also present when the trimaran was based in San Diego.

But Latorre said Bonnaveau’s behavior was of a more invasive nature than usual in Villeneuve, the Lake Geneva town where Alinghi is building its new multihull yacht behind closed doors. Bonnaveau is suspected of violating Swiss privacy laws.

“It should not be confused with what Alinghi did in San Diego,” Latorre said. “Observing and watching a boat that is public and that has been launched in front of everybody cannot be put in the same category as illegal espionage.”

Alinghi and BMW Oracle, the team based in San Francisco and owned by the American billionaire Larry Ellison, have been engaged in a protracted legal dispute since shortly after Alinghi successfully defended the Cup in June 2007 in Valencia, Spain.

Last month, after a series of appeals, BMW Oracle won the right to become the challenger of record for the next Cup. The decision dislodged the Spanish yacht club Club Nautico de Vela, which had been Alinghi’s initial choice to be its principal challenger.

But Alinghi and BMW Oracle officials are still haggling over the particulars of the competition, including the dates, which is the reason for Thursday’s hearing in New York.

After BMW Oracle’s victory in court last month, negotiations between the teams about the possibility of staging a traditional multiple-challenger event using monohulls off Valencia quickly broke down. They are now all but certain to face each other in massive multihull yachts in a best-of-three series next year.

BMW Oracle officials say that the next Cup should respect the latest court ruling and be held in February 2010, 10 months after the final appeal was resolved. But Alinghi officials have insisted on May 2010, arguing that the Cup’s governing document, the Deed of Gift, does not permit racing in the Northern Hemisphere before May 1.

Bonnaveau, a 50-year-old Frenchman, is suspected of beingin Villeneuve on April 28 and 29 attempting to gather information on Alinghi’s multihull in progress. Alinghi officials videotaped him and his vehicle when they spotted him, and he was later questioned by the French and Swiss police in the southern French city of Nîmes.

In the police report — a transcript of a hearing May 1 — Bonnaveau said that he worked as a sail analyst for BMW Oracle at a salary of $13,600 per month. He said that he had been sent to Villeneuve by BMW Oracle’s racing team designer, Manolo Ruiz de Elvira, and that such information-gathering missions were “routine” in the Cup world.

“I was officially authorized by my company to carry out this reconnaissance,” Bonnaveau said in the transcript. “In fact, I am part of the design team, but the entire staff can provide useful information, particularly on opposing teams. We call that a ‘recon cell’ for reconnaissance.”

Author: CHRISTOPHER CLAREY @ www.nytimes.com