The Swiss Federal Criminal Court (TPF) in Bellinzona has confirmed World the programming, from September 14 to 25, of the trial of Nasser Al-Khelaïfi, the Qatari president of Paris-Saint-Germain (PSG) and BeIN Media, of the Frenchman Jérôme Valcke, ex-secretary general of the International Football Federation ( FIFA), and a Greek businessman, whose identity has not been released.
After being the subject of criminal proceedings since 2017, Mr. Al-Khelaïfi will appear for "Instigation to unfair management" and Mr. Valcke will be tried for "Aggravated unfair management" and "Passive bribery" as part of the investigation into the 2014 rights to the 2026 and 2030 Football World Cups for BeIN Media in the Middle East and North Africa region.
As part of its investigation, the Swiss public prosecutor (MPC) notably estimated that Mr. Valcke had "Obtained the reimbursement of a deposit of around 500,000 euros which he had paid to third parties for a villa in Sardinia, this after the purchase of the villa by Al-Khelaïfi, via a company, in place of Valcke "
"Mr. Valcke then obtained from Mr. Al-Khelaïfi the exclusive right to enjoy the villa for a period of eighteen months in total – until his suspension from FIFA – without having paid for it a rent with an estimated value between around 900,000 euros and around 1.8 million euros ”, specified the Swiss public prosecutor's office on February 20 in its press release.
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Villa in Sardinia
The rental contract, consulted by The world, was signed on 1er July 2014 by a close friend of Mr. Al-Khelaïfi, Abdelkader Bessedik, “manager” of the Qatari company Golden Home Real Estate, and by Jérôme Valcke, as sole shareholder of the offshore company Umbelina SA, domiciled in the British Virgin Islands , a tax haven.
In his indictment, the Swiss public prosecutor's office accused Mr. Valcke of not having "Announced the aforementioned advantages to FIFA, thus behaving in a manner contrary to its duties in the framework of its activity as general secretary, and of the fact that it enriched itself illegally".
According to our information, the Swiss TPF had asked the public prosecutor's office on March 26 to review its copy by sending it back its indictment.
The judges considered that " everything leads to believe " that the acts alleged against Mr. Al-Khelaïfi and Jérôme Valcke took place in a private context, without " no link " with the latter's professional activities. Consequently, the TPF questioned the existence of an offense for "Unfair management".
After receiving the amended "copy" from the MPC, the TPF therefore set the date for the opening of the trial to September 14. When contacted, the MPC declined to comment. Mr. Valcke and his lawyer, Patrick Hunziker, did not react.
Complaint withdrawn by FIFA
" The accusation of disloyal instigation, brandished by prosecutors at the last minute, during the final hearings in December 2019, after more than three years of trial, is not serious. In any event, this accusation is not at all established in the MPC's indictment ", entrust to World Grégoire Mangeat, one of the Swiss lawyers for Nasser-Al-Khelaïfi.
He indicates “That the full and entire acquittal of Mr. Al-Khelaïfi will be argued, as well as the award of significant damages, taking into account the damage caused to the reputation of our client by the manner of doing, very questionable, federal prosecutors responsible for the procedure. "
In February, the president of the PSG had seen the charges of "Active bribery" who were hanging over him in this case after FIFA decided to withdraw the complaint it had lodged in December 2016. The MPC said that a "Amicable agreement" was found in January between Al-Khelaïfi and FIFA. The Qatari defenders have agreed to pay the legal costs of FIFA in these proceedings.
Without having participated in this amicable agreement, Mr. Valcke, in turn, benefited from this partial classification of the procedure. But the Frenchman continues to be "Passive bribery" and is suspected by the MPC of having received 1.25 million euros from a third defendant, a Greek businessman.
Uncertainty about the trial and pending recusal requests
The announcement of the date for the opening of this trial comes at a time when the Swiss prosecution is weakened by the case of the three informal meetings, in March, April 2016 and June 2017, between the Attorney General Michael Lauber and the President of the FIFA, Gianni Infantino (civil party in the current proceedings).
According to our information, Mr. Al-Khelaïfi’s lawyers filed a challenge for Mr. Lauber, as well as prosecutors in charge of the investigation, Cédric Remund and Joël Pahud. On April 22, the TPF had rejected a request for recusal issued by Qatari defenders against two federal prosecutors and an assistant federal prosecutor.
" The unimaginable chaos that has caused and is entangled by the MPC and FIFA, as well as the recusal proceedings of the federal prosecutors still underway, make it doubtful whether even the hearings scheduled for September will be held. Says Mangeat.
Mr. Al-Khelaïfi was also indicted in May 2019 for "Active bribery", in France, as part of a survey on the award of the 2017 World Athletics Championships.
