By Andrew Warshaw
December 21 – FIFA president Sepp Blatter and his would-be successor Michel Platini became the two most high-profile casualties of the organisation’s seismic corruption scandal today as their respective careers suffered a shattering blow when both were sensationally banned for eight years.
Blatter, already forced to step down seven months into the final term of his 18-year reign in the wake of the twin US and Swiss corruption probes, will now be barred from handing over to his successor. Platini, as well as seeing his hopes of taking over at Fifa dashed, will also have to relinquish his Uefa presidency.
Unless, of course, both win their appeals. They will go first to the FIFA appeal committee and then to the Court of Arbitration for Sport to clear their names. Only then could Blatter preside over the extraordinary elective congress which will choose his successor. Only then could Platini get back into the election race.
Both have long protested their innocence insisting they had a verbal agreement over the over the infamous 2m Swiss franc “disloyal payment” made to Platini by Fifa and authorised by Blatter.
The money was for work carried out by Platini when he was Blatter’s special adviser between 1999 and 2002 but it was only paid in 2011, some nine years later and just before Blatter was re-elected Fifa president.
Fifa’s ethics judge Hans-Joachim Eckert, who held hearings with both Blatter and representatives of Platini last week, dismissed the oral agreement argument as being unconvincing and banned them both with immediate effect for breaching several clauses in the ethics code including conflict of interest.
In his statement, judge Eckert, who had pored over the evidence throughout the weekend, said there was a clear conflict of interest.
“Mr Blatter, in his position as president of Fifa, authorised the payment to Mr Platini which had no legal basis in the written agreement signed between both officials on 25 August 1999,” said the statement.
“Neither in his written statement nor in his personal hearing was Mr Blatter able to demonstrate another legal basis for this payment. His assertion of an oral agreement was determined as not convincing and was rejected by the chamber…Mr Platini’s assertion of an oral agreement was determined as not convincing and was rejected by the chamber.”
Platini had boycotted his personal hearing in Zurich on Friday in protest, claiming a guilty verdict had already been reached. His lawyers turned up instead but like Blatter he will surely take the matter as far as he can.
In many ways the ethics bans are far more far-reaching for the Frenchman, who looks destined to have to miss Euro 2016 in his own backyard, than for Blatter. Platini’s star was very much on the up but now he can longer run European football, let alone take over at Fifa, as his career plunges into the footballing wilderness.
As a tactical move, Uefa general secretary Gianni Infantino has replaced Platini as Europe’s Fifa presidential candidate and now seems even more likely to have his name on the ballot paper come February 26. Nevertheless, Uefa were quick to issue a statement on behalf of their president.
“UEFA has taken note of the decision of the FIFA Ethics Committee to suspend Michel Platini for eight years from all football-related activities,” it said. “Naturally, UEFA is extremely disappointed with this decision, which nevertheless is subject to appeal. Once again, UEFA supports Michel Platini’s right to a due process and the opportunity to clear his name.”
The file against Blatter and Platini ran to more than 50 pages but the verdict could have been even worse. Ethics investigators were unable to make corruption charges stick meaning a far longer ban, as had been mooted in some quarters, was avoided.
Nevertheless, both men will find it hard to recover from the damage to their reputations. As will Fifa given that US authorities have already now charged 39 football officials and sports business executives over more than $200 Swiss francs in bribes as part of their probe into widespread corruption.
The full Ethics committee statement read as follows:
The adjudicatory chamber of the Ethics Committee chaired by Mr Hans Joachim Eckert has banned Mr Joseph S. Blatter, President of FIFA, for eight years and Mr Michel Platini, Vice-President and member of the Executive Committee of FIFA and President of UEFA, for eight years from all football-related activities (administrative, sports or any other) on a national and international level. The bans come into force immediately.
The proceedings against Mr Blatter primarily related to a payment of CHF 2,000,000 transferred in February 2011 from FIFA to Mr Platini. Mr Blatter, in his position as President of FIFA, authorised the payment to Mr Platini which had no legal basis in the written agreement signed between both officials on 25 August 1999. Neither in his written statement nor in his personal hearing was Mr Blatter able to demonstrate another legal basis for this payment. His assertion of an oral agreement was determined as not convincing and was rejected by the chamber.
The evidence available to the adjudicatory chamber in the present case was not sufficient to establish, to the extent required, that Mr Blatter sought the execution or omission of an official act from Mr Platini within the meaning of article 21 paragraph 1 of the FIFA Code of Ethics (FCE) (Bribery and corruption). However, the conduct of Mr Blatter towards Mr Platini without a legal basis constituted a breach of article 20 paragraph 1 of the FCE (Offering and accepting gifts and other benefits). Furthermore, Mr Blatter found himself in a situation of conflict of interest, despite which he continued to perform his related duties, failing to disclose said situation and the existence of personal interests linked to his prospective activities, thus violating article 19 paragraphs 1, 2 and 3 of the FCE (Conflicts of interest). By failing to place FIFA’s interests first and abstain from doing anything which could be contrary to FIFA’s interests, Mr Blatter violated his fiduciary duty to FIFA and breached article 15 of the FCE (Loyalty). Mr Blatter’s actions did not show commitment to an ethical attitude, failing to respect all applicable laws and regulations as well as FIFA’s regulatory framework to the extent applicable to him and demonstrating an abusive execution of his position as President of FIFA, hence violating article 13 of the FCE (General rules of conduct).
In consequence, Mr Blatter has been banned for eight years from all football related activities and fined CHF 50,000.
The investigation into the case of Mr Blatter was conducted by Mr Robert Torres, member of the investigatory chamber of the Ethics Committee. The investigation resulted in a final report which was submitted to the adjudicatory chamber on 20 November 2015. The adjudicatory chamber opened formal proceedings on 23 November 2015, and the hearing of Mr Blatter took place in Zurich on 17 December 2015.
The proceedings against Mr Platini primarily related to a payment of CHF 2,000,000 that he received in February 2011 from FIFA. The payment to Mr Platini had no legal basis in the written agreement signed between both officials on 25 August 1999. Mr Platini’s assertion of an oral agreement was determined as not convincing and was rejected by the chamber.
The evidence available to the adjudicatory chamber in the present case was not sufficient to establish, to the extent required, that Mr Platini obtained the payment for the execution or omission of an official act within the meaning of article 21 paragraph 1 of the FCE (Bribery and corruption). Nevertheless, the conduct of Mr Platini without a legal basis constituted a breach of article 20 paragraph 1 of the FCE (Offering and accepting gifts and other benefits). Furthermore, Mr Platini found himself in a situation of conflict of interest, despite which he continued to perform his related duties, failing to disclose said situation and the existence of personal interests linked to his prospective activities in violation of article 19 paragraphs 1, 2 and 3 of the FCE (Conflicts of interest). By failing to place FIFA’s interests first and abstain from doing anything which could be contrary to FIFA’s interests, Mr Platini also violated his fiduciary duty to FIFA and breached article 15 of the FCE (Loyalty). In addition, Mr Platini failed to act with complete credibility and integrity, showing unawareness of the importance of his duties and concomitant obligations and responsibilities. His actions did not show commitment to an ethical attitude, failing to respect all applicable laws and regulations as well as FIFA’s regulatory framework to the extent applicable to him and demonstrating an abusive execution of his position as Vice-President of FIFA and member of the FIFA Executive Committee, hence violating article 13 of the FCE (General rules of conduct).
In consequence, Mr Platini has been banned for eight years from all football related activities and fined CHF 80,000.
The investigation into the case of Mr Platini was conducted by Ms Vanessa Allard, member of the investigatory chamber of the Ethics Committee. The investigation resulted in a final report which was submitted to the adjudicatory chamber on 20 November 2015. The adjudicatory chamber opened formal proceedings on 23 November 2015, and the hearing took place in Zurich on 18 December 2015 in the presence of Mr Platini’s lawyers.
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