European football’s governing body UEFA is preparing to file criminal claims in Switzerland against FIFA president Gianni Infantino and other officials for alleged criminal mismanagement under Article 158 of the Swiss Criminal Code. According to court filings in the United States, the legal action stems from Infantino’s failed FIFA Forward Enterprise plan, a secretive scheme that sought to sell a 20% stake in FIFA tournaments for $4.2bn without open competitive bidding or independent valuation.
US Court Filings and Section 1782 Discovery Requests
According to court documents filed by UEFA in the US District Court for the Eastern District of New York, the organization utilized a Section 1782 order to seek information and document discovery from entities based in the United States. The applications target FIFA and investment firm Thrive Capital, led by Joshua Kushner, which was positioned to serve as the lead investor in the aborted enterprise plan. If granted, the order will allow UEFA attorneys to subpoena Kushner and depose him regarding the proposal’s conception.
UEFA’s 56-page filing details what legal representatives describe as an “enduring history of corruption among FIFA officials,” characterizing the FIFA Forward Enterprise scheme as a vehicle for Infantino and a small circle of advisers to acquire permanent stakes in FIFA’s most valuable assets to the detriment of member associations. The documents stress that neither Thrive Capital nor Kushner are anticipated defendants in the contemplated Swiss proceedings.
Valuation Disputes and Comparisons to SoftBank
According to court papers, the enterprise plan implied an enterprise value of approximately $20bn for a 20% chunk of FIFA tournaments, a figure legal teams claim was neither the product of an open auction nor tested by an independent valuer. UEFA contends that a valuation exceeding $30bn is readily supportable based on market conditions and FIFA’s financial performance.
The submission draws comparisons to a previous deal pursued by Infantino in 2018 with a consortium led by Japanese firm SoftBank. That abandoned proposal would have committed about $25bn for a 12-year interest in the Nations League and an expanded Club World Cup. Legal documents accuse Infantino of a severe dereliction of duty for sidelining the FIFA Council during the drafting of the recent plan while offering member associations a $40m inducement and an expedited timeline to back the scheme.
Political Fallout and Future Leadership Challenges
National association representatives serving on UEFA’s executive committee met in Monte Carlo to discuss the developments ahead of the Champions League draw. UEFA confirmed that a proposed boycott of FIFA tournaments has been shelved because FIFA provided necessary assurances that no version of the enterprise plan would be tabled again. However, the organization warned that the position remains under constant review.
Did you know? Article 158 of the Swiss Criminal Code covers criminal mismanagement, applying to anyone entrusted with managing property who breaches their duties and causes financial loss, carrying potential custodial sentences of up to five years for intentional unlawful gain.
UEFA also announced plans to explore using funds from FIFA’s reserves—estimated at approximately $5bn—to benefit member associations globally. Furthermore, UEFA pledged to join forces with partner confederations to ensure Infantino faces a credible alternative committed to integrity and institutional change if he seeks another mandate in the leadership election scheduled for March.
Frequently Asked Questions
What legal action is UEFA taking against Gianni Infantino?
According to court filings, UEFA is preparing to bring criminal claims in Switzerland against Infantino and other officials for criminal mismanagement under Article 158 of the Swiss Criminal Code, while also pursuing US court discovery orders.
Why did UEFA object to the FIFA Forward Enterprise plan?
UEFA challenged the plan due to its secretive structuring, an implied enterprise value of $20bn that was allegedly off-market, and the sidelining of the FIFA Council during its expedited conception.
Are Thrive Capital and Joshua Kushner targets of the criminal complaint?
No. Court documents clarify that neither Thrive Capital nor Joshua Kushner are anticipated defendants in the contemplated Swiss criminal proceedings.
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