offpitch | 2016-06-07
Prosecutor asks that Neymar be trialed for corruption in the DIS case
The controversy continues as the player could face severe consequences
Cadena Ser informs that the prosecution of the National Court has told the court that it proposes that the case opened after a complaint filed by the Brazilian investment fund DIS (who owned 40% of Neymar’s federative rights before his transfer to FC Barcelona) be taken to trial.
The prosecutor considers that with the investigation process being concluded and the case being made clear Neymar, his father, his mother, Sandro Rosell and the former president of Santos FC Odilio Rodrigues must be placed under accusation, along with FC Barcelona, Santos and N&N, company owned by Neymar’s parents which was involved in the transfer.
Neymar and his father are attributed with have committed an offense of business corruption under the articles 286 bis and 288 of the Penal Code, which can lead to jail sentences between six months and two years as well as considerable fines. FC Barcelona and its former president Sandro Rosell are also accused, as well as an offense of improper fraud. Santos FC and its ex-president Odilio Rodrigues would also be accused of this last offense.
The prosecution proposes that Neymar be put on trial for corruption because in 2011 he signed a contract with Barcelona behind the back of the investment fund and this “altered the free market of player transfers and also hurt the DIS fund who saw itself deprived of the opportunity that the player be entered on the market according to the rules of free competition which could have led them to obtain a bigger economic quantity from the transfer.”
DIS received 40% of the €17.1 million which were established as a transfer fee to Santos for the federative rights of the player, but according to the prosecution Barça actually paid €25.171.000 for this concept, from which DIS was supposed to get €10.068.400. This would mean that the Brazilian fund would have to receive a compensation of €3.228.400. The prosecutor claims that FC Barcelona simulated contracts in order for DIS to get less money and one of these fraudulent contracts was also signed by Neymar.
The radio station also reports that Barça would have deceived the investment fund when in December 2012 it answered an enquiry made by the plaintiff by saying that “it was not negotiation, it didn’t have a written contract or a pre-deal with Santos FC for the transfer or loan of the cited player”, when they had already signed contracts with Neymar for his eventual transfer as far back as 2011.
On the other hand, the prosecution asks that the case against the current FC Barcelona president, Josep Maria Bartomeu, be archived because despite signing the majority of the contracts as the sporting vice-president at the time “he wasn’t a leader or an active part of the negotiations or deals for the signing of Neymar Jr.”
This is the second case which is being pursued involving the transfer of Neymar to Barcelona. The player and all the investigated parties already testified during the investigative phase of the trial. You can read more details here.