UEFA has taken a further step through the US courts to obtain documents relating to FIFA Forward Enterprise, the commercial project abandoned by FIFA. On 11 September, the European confederation asked a federal court in Manhattan to reject an attempt by two FIFA US subsidiaries to intervene in the proceedings through which it is seeking evidence.
The request for documents is directed at Thrive Capital and Joshua Kushner. The requested material concerns FIFA’s proposed commercial structure, which envisaged a permanent stake in World Cup-related commercial rights. Although the project was abandoned, UEFA is continuing its efforts to clarify the decisions made during its development.
The dispute over access to evidence
The latest move focuses on who may intervene in those proceedings. The two US subsidiaries of FIFA are seeking to intervene, and UEFA has asked the court not to allow them to do so. The request forms part of the evidence-gathering process; it does not constitute a judicial ruling on the conduct of the organisation’s officials.
The institutional significance of the case lies in a continental confederation turning to a federal court to access information about decisions taken at the highest levels of FIFA. The disagreement over its commercial strategy therefore has an ongoing judicial dimension, with further progress now dependent on the US court’s decisions.
The documents UEFA is seeking could be used in a potential criminal complaint in Switzerland concerning possible criminal mismanagement involving FIFA President Gianni Infantino and other officials. That possibility explains the significance of the Manhattan proceedings, even though the commercial initiative has been dropped.
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