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America September 2, 2023 3 mins read

FIFA Bribery Convictions turned in Landmark Ruling

America ı By Rihem Akkouche

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FIFA Bribery Convictions

In a turn of events reminiscent of a courtroom thriller, a Brooklyn federal judge dealt a body blow to the U.S. legal system's pursuit of corruption within the soccer world.

U.S. District Judge Pamela K. Chen, in a stunning move on Friday, overruled the convictions of Hernan Lopez, the former bigwig of 21st Century Fox's International Channels, and the Argentine sports marketing behemoth, Full Play Group SA. Both were earlier found guilty of greasing the palms of South American soccer chiefs to pocket juicy broadcasting rights.

FIFA Bribery Convictions : A Supreme Verdict's Ripple Effects

Steering this legal twist was the U.S. Supreme Court’s recent judgements in both the Ciminelli v. U.S. and Percoco v. U.S. cases. These cases had nothing to do with soccer but everything to do with the scope of federal fraud prosecutions. Like a referee overruling a penalty after consulting the VAR, these decisions reminded prosecutors of the boundaries.

Judge Chen, having sifted through these top court directions, reached a startling conclusion: U.S. criminal law might not have the reach to tackle alleged bribes within CONMEBOL, the private soccer federation in South America. It’s as if one were trying to play by European soccer rules in a South American league match.

"Regardless of the siren calls from various legal realms, the glaring reality remains: there isn’t any existing basis to pin [the honest services wire fraud statute] on foreign commercial bribery, as the apex court's Percoco verdict clarified," elaborated Judge Chen.

Interestingly, Lopez and Full Play had moved for their acquittals even before these groundbreaking Supreme Court decisions. Yet, their implications became the talk of subsequent legal discussions.

A Maze of Implications

The world of football administration is waiting with bated breath. Uncertainty looms about what this ruling means for the 2017 guilty sentences of two ex-CONMEBOL officials and the multitude of admissions in the long-winding FIFA bribery investigations since 2015.

Judge Chen, carefully playing her cards, remarked it's "too early to gauge this memo and order's implications" for other accused. But, as a safety net, she's halted forthcoming verdicts in this case, pending any potential higher reviews.

Representatives for Lopez were on cloud nine. David Sarratt and John Gleeson exclaimed, "Our trust in our client’s innocence never wavered. Today’s decision brings immense joy, not only to us but to Hernan and his loved ones."

Full Play's representative mirrored this sentiment, expressing gratitude for the "judicious decision."

As the dust settles, the Brooklyn U.S. Attorney's Office, while "scrutinizing the verdict," chose to remain mum on future steps.

Key Players in the Legal Drama

The government’s corner is bolstered by Farrell, Polemeni, Zapana, and Silverberg from the U.S. Attorney's Office for the Eastern District of NY. In Lopez's defense are the legal eagles from Debevoise & Plimpton LLP, while Full Play's legal vanguard hails from both BakerHostetler and Norton Rose Fulbright.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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