Supreme Court Confirms Neymar and Former Barcelona Directors’ Acquittal
The Supreme Court has upheld the acquittal of former FC Barcelona footballer Neymar and former club presidents Sandro Rosell and Josep Maria Bartomeu in relation to the case of corruption between individuals and fraud, stemming from the signing of the Brazilian player. The judicial decision, issued by the Criminal Chamber of the Supreme Court, rejects the appeals filed against the sentence of the Barcelona Court. The latter had already determined that there was no crime in the acquisition of the player, who at that time played for Santos.The Supreme Court emphasizes the lack of evidence to support the accusations. The Brazilian investment fund DIS, which owned economic rights to Neymar, had filed a particular accusation, alleging that the signing operation was designed to manipulate the final transfer price. In the previous trial, DIS requested prison sentences for Neymar and Bartomeu, as well as for the player’s father and Rosell. The investment fund had acquired Neymar’s economic rights in 2009. Barcelona, for its part, finalized an agreement with the player in 2011 for him to join the team once his contract with Santos ended. The club brought forward the signing by a year and paid the transfer fee, which amounted to 17.1 million euros, of which DIS received 40 percent. Barcelona paid 25.17 million to Santos and an additional 60 million to N&N Consultoria Esportiva, the family company of Neymar’s father, which led to the lawsuit from DIS for considering the amount received insufficient. The Supreme Court argues that, although DIS held 40 percent of the economic rights, it did not have the federative rights, necessary for a player to be able to sign for another team while under contract. The ruling concludes that there was no crime of corruption in business or fraud on the part of the player, his representatives, or FC Barcelona. It was determined that the signing decision was purely sporting. The court points out that the compensation was justified by the transfer, which obliged DIS to receive a part, but not by prior agreements on future rights. The Supreme Court maintains that a footballer can sign for any club when becoming a free agent. The contracts signed in this case were interpreted as a future option or preference, conditional on the player being a free agent. The court also emphasizes that the fact that Barcelona brought forward the signing was a sporting decision, and not a contractual simulation. The ruling of the Criminal Chamber was issued by magistrates Juan Ramón Berdugo, Antonio del Moral, Pablo Llarena, Leopoldo Puente and Vicente Magro as rapporteur.The proven facts have reflected the inconsistency of the accusation.
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