Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Business Crimes Hotline

By ljnstaff | Law Journal Newsletters |
December 31, 2015

NEW YORK

Another Round of FIFA Indictments

On Dec. 4, 2015, the Department of Justice (DOJ) announced that 16 additional FIFA officials have been implicated in the widespread, 24-year soccer corruption scandal. Each of the defendants ' charged with Racketeer Influenced and Corrupt Organizations (RICO) conspiracy, wire fraud conspiracy, wire fraud, money laundering conspiracy, money laundering, and obstruction of justice ' faces a maximum term of 20 years in prison, restitution, forfeiture, and fines.

These new charges greatly expand the scope of the original international investigation, which focuses on 27 soccer officials in South and Central America and the Caribbean who are accused of facilitating more than $200 million in bribes to win media and marketing rights for major tournaments. The corrupt payments began in 1991 and, according to the superseding indictment, ongoing payments relate to tournaments extending as far out as the 2022 World Cup qualifiers. The multi-year investigation has also traced payments to forty countries and prompted the resignation of FIFA President Sepp Blatter, and the suspensions of FIFA Secretary-General J'r'me Valcke and the head of European soccer, Michel Platini.

Of the new defendants named in the superseding 92-count indictment, which was unsealed in the Eastern District of New York, several are some of the highest-ranking officials in the sport. Two FIFA officials, Hawit and Napout, were taken into custody after a sweep at their Swiss hotel, the same location where several FIFA officials were previously arrested in May. Among the newly indicted, Hector Trujillo, the general secretary of the Guatemalan soccer federation and a judge on the Constitutional Court of Guatemala, was arrested by the FBI after his cruise ship docked in Florida on Dec. 3. Moreover, at least one former FIFA official (Hawit) is suspected of engaging a co-conspirator to establish sham contracts to conceal bribe payments even after his indictment in May.

In the same statement, the DOJ also announced that eight of the defendants originally arrested in May have pleaded guilty and agreed to forfeit more than $40 million. All money forfeited by the defendants is being held in reserve to ensure that any ordered restitution by entities or individuals at sentencing can be satisfied.

The indictments come in the wake of a major FIFA structural overhaul, including the implementation of term limits and integrity checks for officials, and stripping the executive committee of its organizational responsibilities in favor of becoming a 36-member FIFA Council.

Attorney General Lynch promised continuous DOJ and international action: “The message from this announcement should be clear to every culpable individual who remains in the shadows, hoping to evade our investigation: You will not wait us out. You will not escape our focus.” In response to recent DOJ initiatives, a FIFA spokesperson stated that “FIFA will continue to cooperate fully with the U.S. investigations as permitted by Swiss law, as well as with the investigation being led by the Swiss Office of Attorney General.” Two soccer associations ' Concacaf (headquartered in the United States) and Conmebol (headquartered in South America) ' have also pledged continued cooperation in what has become one of the most complex investigations to date.

'

NEW YORK

Another Round of FIFA Indictments

On Dec. 4, 2015, the Department of Justice (DOJ) announced that 16 additional FIFA officials have been implicated in the widespread, 24-year soccer corruption scandal. Each of the defendants ' charged with Racketeer Influenced and Corrupt Organizations (RICO) conspiracy, wire fraud conspiracy, wire fraud, money laundering conspiracy, money laundering, and obstruction of justice ' faces a maximum term of 20 years in prison, restitution, forfeiture, and fines.

These new charges greatly expand the scope of the original international investigation, which focuses on 27 soccer officials in South and Central America and the Caribbean who are accused of facilitating more than $200 million in bribes to win media and marketing rights for major tournaments. The corrupt payments began in 1991 and, according to the superseding indictment, ongoing payments relate to tournaments extending as far out as the 2022 World Cup qualifiers. The multi-year investigation has also traced payments to forty countries and prompted the resignation of FIFA President Sepp Blatter, and the suspensions of FIFA Secretary-General J'r'me Valcke and the head of European soccer, Michel Platini.

Of the new defendants named in the superseding 92-count indictment, which was unsealed in the Eastern District of New York, several are some of the highest-ranking officials in the sport. Two FIFA officials, Hawit and Napout, were taken into custody after a sweep at their Swiss hotel, the same location where several FIFA officials were previously arrested in May. Among the newly indicted, Hector Trujillo, the general secretary of the Guatemalan soccer federation and a judge on the Constitutional Court of Guatemala, was arrested by the FBI after his cruise ship docked in Florida on Dec. 3. Moreover, at least one former FIFA official (Hawit) is suspected of engaging a co-conspirator to establish sham contracts to conceal bribe payments even after his indictment in May.

In the same statement, the DOJ also announced that eight of the defendants originally arrested in May have pleaded guilty and agreed to forfeit more than $40 million. All money forfeited by the defendants is being held in reserve to ensure that any ordered restitution by entities or individuals at sentencing can be satisfied.

The indictments come in the wake of a major FIFA structural overhaul, including the implementation of term limits and integrity checks for officials, and stripping the executive committee of its organizational responsibilities in favor of becoming a 36-member FIFA Council.

Attorney General Lynch promised continuous DOJ and international action: “The message from this announcement should be clear to every culpable individual who remains in the shadows, hoping to evade our investigation: You will not wait us out. You will not escape our focus.” In response to recent DOJ initiatives, a FIFA spokesperson stated that “FIFA will continue to cooperate fully with the U.S. investigations as permitted by Swiss law, as well as with the investigation being led by the Swiss Office of Attorney General.” Two soccer associations ' Concacaf (headquartered in the United States) and Conmebol (headquartered in South America) ' have also pledged continued cooperation in what has become one of the most complex investigations to date.

'

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

How Secure Is the AI System Your Law Firm Is Using? Image

What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.