Responsible for criminal investigations in connection with corruption scandals at the International Football Federation (FIFA) since 2015, the Swiss Attorney General, Michael Lauber, announced his resignation on Friday, July 24. In March, the Swiss Confederation’s Public Prosecutor’s Supervisory Authority (AS-MPC) found him guilty of having violated “Several duties” by secretly meeting, three times, the president of FIFA (civil party in these proceedings), Gianni Infantino.
Friday, the Swiss Federal Administrative Court (TAF) partially admitted the appeal filed in April by Mr. Lauber against his sanction (a reduction in salary) pronounced by the AS-MPC.
But, the TAF “Notes that the Attorney General Lauber is guilty of several violations of the duty of office and that the disciplinary investigation leads to a formally valid decision”. If he “ criticizes the AS-MPC for the sometimes very aggressive tone adopted in the investigation report ”, the TAF considers that the “Gravity” of these violations “Nevertheless justifies the decision of the AS-MPC to pronounce a reduction in salary, that is to say the most severe disciplinary sanction possible”.
“However, I continue to firmly reject the accusation of lying, reacted Mr. Lauber who had not reported to AS-MPC, in 2018, a third secret meeting with Mr. Infantino. However, the fact that I am not believed in the capacity of Attorney General is detrimental to the Attorney General of the Confederation. “
The three informal meetings between Mr. Lauber and Mr. Infantino fueled suspicions of collusion. The Attorney General says he has no memory of a third meeting, which took place on June 16, 2017, in Bern, in the presence of the head of communication of the Public Ministry of the Swiss Confederation (MPC), André Marty , and from a childhood friend of Mr. Infantino, the first prosecutor of Upper Valais, Rinaldo Arnold. The latter had already served as an intermediary for Mr. Infantino for a previous meeting with Mr. Lauber, in March 2016.
“According to general life experience, such a case of collective amnesia is an aberration. The court therefore notes that the Attorney General deliberately withheld the truth from the AS-MPC during his hearing on November 12, 2018 and that he consciously killed the third meeting with the President of FIFA. [M. Infantino], estimates the TAF. On this point, it is indeed a serious violation of the duty of office and the duty of loyalty. “
A revocation procedure initiated in May
This case was worth Mr. Lauber to be the subject of a dismissal procedure, initiated on May 20 by the judicial commission of the Swiss Federal Assembly. The parliamentarians were awaiting the decision of the TAF to open their investigation.
The judicial commission has also extended its investigations to “Facts made public after the date of March 2, 2020, in particular the revelation of other alleged contacts between FIFA and the MPC, the publication of an exchange of emails concerning the intentions of Gianni Infantino in the spring of 2016 and the prescription of the first trial [sur l’attribution controversée du Mondial 2006 à l’Allemagne] of the FIFA-related business complex ”.
On the sidelines of the parliamentary investigation, the AS-MPC appointed, on July 3, the magistrate Stefan Keller as extraordinary prosecutor. Mr. Keller is due to examine four criminal complaints filed since May concerning the informal meetings between Mr. Lauber and Mr. Infantino. At the end of his investigation, he is supposed to determine whether the suspicions are sufficient to justify the opening of criminal proceedings against Mr. Lauber, Mr. Infantino and Mr. Arnold.
What will be the consequences on the proceedings in progress?
Will Mr. Lauber’s resignation have consequences for the investigations underway in Switzerland? Under criminal proceedings since 2015 “For suspicion of mismanagement and breach of trust”, former FIFA president Sepp Blatter is supposed to be heard three times this summer, notably regarding the case of the alleged unfair payment of 2 million Swiss francs (1.8 million euros) made in 2011 to Michel Platini, then President of the Union of European Football Associations (UEFA).
In June, the investigation was extended to the former number 10 of the Blues for “Suspicion of participation in unfair management and suspicion of forgery in securities”. The French must also be heard in early September.
The trial of former French FIFA secretary general Jérôme Valcke before the Swiss Federal Criminal Court is due to open on September 14. The French will be judged for “Aggravated unfair management” and “Passive corruption” as part of the investigation into the granting to BeIN Media, in 2014, of television rights for the 2026 and 2030 Football World Cups for the Middle East and North Africa region.
President of Paris-Saint-Germain (PSG) and boss of BeIn Media, Qatari Nasser Al-Khelaïfi must appear in Switzerland for “Instigation of unfair management “. Mr. Al-Khelaïfi’s lawyers have filed challenges against several Swiss prosecutors, including Mr. Lauber.
