FIFA Moves to Block UEFA Discovery Requests in US Courts

FIFA has asked a US federal court to resist UEFA’s attempt to obtain documents for a potential criminal case involving FIFA president Gianni Infantino. The Guardian reported that FIFA’s lawyers filed a motion opposing UEFA’s discovery request and characterized the European governing body’s legal campaign as an effort to damage FIFA and its leadership. FIFA asked the judge to dismiss the request.

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UEFA filed four applications for subpoenas in separate US courts at the end of August. According to The Guardian, the organization said it was considering criminal proceedings against Infantino in connection with the proposed FIFA Forward Enterprise plan. UEFA sought documents and communications from FIFA, Joshua Kushner, his investment firm Thrive Capital and other related parties, including JP Morgan.

Thrive Capital had been positioned as the lead investor in the FIFA Forward Enterprise proposal. The plan had already generated significant opposition within football, and UEFA’s discovery applications brought the dispute into US courts even though any contemplated criminal action would be in Switzerland. No criminal proceeding against FIFA is currently active there, FIFA’s filing said.

FIFA moved to intervene in one of the four US matters, filed in Florida, and a judge granted that request late last week. Attorney H Christopher Boehning argued for FIFA that discovery should either be delayed or denied. He said the process could expose information that FIFA is required to keep confidential under its governing rules.

The FIFA submission also recounted the history of the enterprise proposal and argued that UEFA’s threatened boycott of FIFA competitions was motivated by economic concerns. It maintained that funding smaller FIFA member associations could strengthen football in developing nations, increase global competition and reduce UEFA’s market power. The filing cited Cameroon federation president Samuel Eto’o in support of that position.

FIFA further argued that UEFA lacks authority to initiate criminal proceedings in Switzerland because FIFA statutes require disputes between the organizations to be handled through arbitration. The filing asks that FIFA US, a subsidiary business unit, be allowed to formally oppose UEFA’s discovery effort by September 30. The court has not yet resolved the underlying discovery request, leaving the legal contest open.