FIFA loses bid to block UEFA evidence gathering against Infantino

New York Federal Court Judge Jeannette Vargas on Thursday rejected a bid by US subsidiaries of soccer's global governing body FIFA to block Europe's governing body UEFA from gathering evidence tied to FIFA President Gianni Infantino's attempts to sell shares of the World Cup and other tournaments to private investors.

UEFA filed for discovery in the case in August with the intent of removing Infantino from office and has said it will file a criminal complaint against the embattled soccer boss in Switzerland if it finds evidence of financial wrongdoing.

UEFA is seeking discovery of evidence from Infantino's partners in the so-called FIFA Forward Enterprise (FFE) proposal, a plan that instantly sparked fierce backlash when it became public in July.

The court's ruling means UEFA can now request the right to obtain documents tied to the deal from the US bank JP Morgan and the investment firm Thrive Capital, which is owned by Joshua Kushner — brother of US President Donald Trump's son-in-law Jared Kushner and son of US Ambassador to France Charles Kushner, a convicted felon whom Trump pardoned before appointing him to that post.

Two FIFA subsidiaries had sought to block UEFA's efforts, but Vargas ruled they had no "direct, substantial and legally protectable interest" in the case, which is specifically aimed at Infantino and his dealings.

"Nothing in this record indicates that the US FIFA parties, or even FIFA itself, will be parties in the contemplated criminal proceedings," according to Vargas.

In an eight-page ruling issued from the United States District Court for the Southern District of New York, Vargas wrote, "Certainly the US FIFA parties have not alleged facts suggesting they would be defendants in such a proceeding."

FIFA lawyers countered by saying, "The court has not addressed the merits of UEFA's application and no documents are required to be produced."

What happened when Infantino unveiled his plan to set up the FFE?

Infantino came under intense fire for seeking to set up FFE to manage FIFA's commercial interests in the World Cup and other competitions by allowing private investors to purchase minority stakes, with three continental soccer confederations rejecting the plan and UEFA threatening to boycott future FIFA tournaments if the plan was not scrapped.

The 211 member federations of FIFA, which effectively own the Zurich, Switzerland-based not-for-profit outfit, were offered $20 million (€18.1 million) payments each to approve the project.

Infantino initially pushed back but was eventually forced to abandon the plan in August.

UEFA has continued to push for Infantino's ouster since then and has demanded answers about the details of his scheme, for instance, questions about how Thrive was selected to head the investor group.

In what is the biggest challenge Infantino has seen in his 11-year stint as head of FIFA, UEFA has filed requests for discovery in multiple states in an effort to ascertain whether there was wrongdoing on his part.

Infantino has been accused of seeking retribution against those opposed to his leadership and in September FIFA told a judge in Florida, where the governing body has offices in a Miami suburb, that UEFA's legal pursuits amount to harassment of Infantino.

Infantino has shown no sign that he is willing to vacate his post and instead plans to run for reelection as FIFA president.

To do so, he must pass an eligibility and integrity check conducted by a FIFA-appointed panel.

So far, only one person, Japan's Kohzo Tashima, a member of FIFA's 37-member ruling council since 2016, has declared his candidacy.

UEFA is expected to propose another challenger and is currently seeking to get FIFA Head of Global Development and former Arsenal London coach Arsene Wenger to stand against the Swiss incumbent, who is also his boss.

Anyone wishing to challenge Infantino must declare by next Wednesday, November 18.