FIFA Opposes UEFA Discovery Bid in US Court Dispute

FIFA has asked a United States federal court to reject a UEFA attempt to obtain evidence for a possible criminal case involving FIFA president Gianni Infantino. The Guardian reported that lawyers for world football's governing body filed a motion opposing UEFA's discovery request and characterized the legal effort as part of a smear campaign against FIFA and its leadership.

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UEFA submitted four separate subpoena applications in US courts at the end of August, according to the report. It said the requested discovery was needed while UEFA considered criminal proceedings over the proposed FIFA Forward Enterprise plan, known as FFE. No such proceeding is currently active in Switzerland, FIFA's filing said.

The UEFA applications seek documents and communications from FIFA and from Joshua Kushner and Thrive Capital, the investment firm he oversees. Thrive Capital had been positioned as the lead investor in Infantino's proposed plan. UEFA also requested information from other related parties, including JPMorgan. The report did not say that a criminal case had been filed.

FIFA sought permission 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, acting for FIFA, argued that discovery should be delayed or denied, at least in part, because UEFA has no active Swiss legal proceeding against FIFA.

The filing also argues that UEFA's request could use public US court procedures to disclose material that FIFA says it must keep confidential under its governing rules. It further contends that UEFA is bound by FIFA statutes to resolve disputes with the organization through arbitration and therefore lacks authority to initiate criminal proceedings in Switzerland. Those points are FIFA's legal assertions and have not been presented as a court ruling on the underlying dispute.

FIFA's motion revisits the FFE proposal and claims UEFA's threatened boycott of FIFA competitions was driven by economic concerns. It argues that greater investment in developing football nations could increase global competition and reduce UEFA's market power. The filing cites Cameroon federation president Samuel Eto'o in support of that position. FIFA US, a FIFA subsidiary, is asking to be allowed to formally oppose UEFA's discovery request by September 30, The Guardian reported.