Fifa subsidiaries lose bid to intervene in Uefa evidence requests

Judge Jeannette Vargas rejected the subsidiaries’ motions to intervene in Uefa’s requests for evidence from investment firm Thrive Capital and bank JPMorgan. According to the Associated Press, she found that the US Fifa companies did not have a “direct, substantial and legally protectable interest” in the proceedings.

The decision does not itself order the release of documents. ANP/Reuters and The Independent reported that a separate court decision would be needed for disclosure. Spanish sports newspaper AS reported that Thrive and JPMorgan would have to release documents.

Uefa’s applications seek documents, communications and testimony from the firms, Thrive founder Joshua Kushner and two JPMorgan employees. In its August filings, Uefa said it wanted the material for a contemplated criminal case in Switzerland against Infantino and possibly other Fifa officials over alleged mismanagement.

In the Thrive case, Fifa’s US companies had asked the court to defer its decision pending a related request in Florida or allow them to oppose Uefa’s application. They argued in September that no Swiss proceedings existed and that Fifa had withdrawn the proposal. The companies had also opposed Uefa’s related request in Florida.

The abandoned Fifa Forward Enterprise plan envisaged selling approximately 20% of a new subsidiary combining Fifa’s commercial rights and operations, while Fifa retained control. It drew widespread opposition from football bodies concerned about the proposal and how it had been developed. Infantino later apologised for mistakes in the way the plan was handled.