Lausanne (awp/ats) – In the appeal judgment on FIFA’s TV rights, the Federal Criminal Court sentences Jérôme Valcke to 11 months in prison, suspended for false titles and repeated passive corruption. Nasser Al-Khelaïfi is acquitted of the grievance of instigation to unfair management.
Jérôme Valcke, former secretary general of FIFA, is found guilty of private corruption in connection with the allocation of media rights, as well as forgery in the titles. The Court of Appeal of the Federal Criminal Court pronounced a custodial sentence of 11 months, together with 100 daily fines of 200 Swiss francs. The stay is granted for these two sanctions. The Frenchman is acquitted on the other hand of the grievance of aggravated unfair management.
Nasser Al-Khelaïfi, president of beIN Media and Paris Saint-Germain, is acquitted of all the charges against him. The court thus confirms the judgment rendered by the Court of Criminal Affairs at the end of October 2020.
The third defendant, a Greek businessman, is given a 10-month suspended sentence for repeated active bribery. On the other hand, he is released from the head of instigation to aggravated unfair management.
Jérôme Valcke will resort to TF
In a reaction to Keystone-ATS, Jérôme Valcke’s lawyers, Me Patrick Hunziker and Elisa Bianchetti, indicate that their client will appeal to the Federal Court. His conviction for private corruption is “a mistake and a fantasy”.
According to them, all the documents in the file and all the witnesses testified that the TV rights contracts were approved at all levels of FIFA because they were extraordinarily favorable to the federation. “There was no intention of injury.”
The lawyers also point out that Jérôme Valcke “did not harm the heritage of FIFA”. They are pleased that his acquittal of the head of repeated unfair management is confirmed. Moreover, FIFA’s civil claims were rejected by the court.
Significant procedural costs
The costs of the proceedings before the two instances amount to 241,169 Swiss francs. They are largely charged to the defendants, ie an amount of 116,518 Swiss francs for Jérôme Valcke and 58,259 for the other two defendants. FIFA does not receive any compensation and is invited to take civil action.
The FIFA TV rights appeal trial took place at the beginning of March 2022 before the Court of Appeal of the Federal Criminal Court. The Public Ministry of the Confederation (MPC) had requested sentences of 35 months against Jérôme Valcke, 28 months against Nasser Al-Khelaïfi and 30 months against the third defendant.
“Corrupt Pact”
Jérôme Valcke was accused of aggravated unfair management, passive corruption and forgery in the titles. Nasser Al-Khelaïfi responded with instigation to unfair management and the third defendant with instigation to aggravated unfair management and active corruption.
The prosecution had estimated that the three men had entered into a “corrupt pact” for the award of TV rights to several World Cups and other FIFA competitions. For its part, the defense had argued in favor of a general acquittal, believing that the MPC had engaged in a “trophy hunt”.
During the proceedings, the federal prosecutor returned to the benefits received by Jérôme Valcke in exchange for his intervention on TV rights. The secretary general of FIFA had notably obtained “loans” as well as the enjoyment of a luxurious villa in Sardinia. (judgment CA.2021.3 of June 23, 2022)
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