By Andrew Warshaw
August 19 – FIFA’s ethics body today stood firm behind Gianni Infantino in the wake of the much-publicised Swiss criminal investigation into his conduct, refusing to suspend him by arguing the allegations did not “ justify the adoption of any kind of measure”, yet seriously calling into question its credibility and so-called independence.
Reacting to a barrage of media coverage about Infantino’s undocumented meetings with departing Swiss attorney Michael Lauber, ethics chiefs dismissed any notion of wrongdoing by saying a preliminary investigation had been opened but then closed “due to the evident lack of a prima facie case regarding any alleged breach of the FIFA Code of Ethics.”
“No aspect of the conduct analysed constitutes a violation,” said a statement by FIFA’s chief ethics investigator Maria Claudia Rojas. “Some aspects do not even fall within the provisions of the FIFA code of ethics.”
Ever since Swiss special prosecutor Stefan Keller announced that criminal proceedings had been launched against Infantino, FIFA has undertaken its most intense and elaborate public relations campaign of recent times with a string of strongly-worded statements backing the man at the top.
But the burning question was how the ethics committee would respond, with FIFA knowing full well that should it follow up the Swiss judiciary’s claims, then Infantino could find himself outside looking in – and for quite some considerable time.
Now we have the answer. Not even an initial 90-day suspension to examine the file and see if there is a need to take the case further – as has happened with other bigwigs in the past. Instead a clear-cut, categoric exoneration.
The timing was convenient to say the least. Just a few hours before Infantino was cleared to carry on, FIFA published the agenda for its remote congress that he will chair online from Zurich on September 18. Co-incidence? Unlikely.
The very notion that any kind of corruption scandal could hang over Infantino when he addresses the entire FIFA membership was clearly not a palatable or acceptable scenario. So to make sure there were no awkward moments that might have embarrassed the president, what better strategy than to clear him of any wrongdoing well ahead of time?
There is something distinctly dubious about the whole process.
In her statement, Rojas insisted that all “relevant facts and materials available” had been examined. The implication therefore was that she had seen exactly what Keller has in his hands.
Yet only a few days ago, remember, Infantino’s number one trouble shooter, deputy general secretary Alastair Bell was publicly telling the world he had no idea what was in the allegations. Apparently ethics chiefs have since managed to do so. Interesting…
The bottom line is that Infantino can now continue in office while under criminal investigation. A paradox, perhaps, but hardly a surprise after the way FIFA defended its president so robustly in recent weeks. After all, the current make-up of the committee was virtually hand-picked by Infantino. Or at the very least met with his approval.
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Statement from the chairperson of the investigatory chamber of the independent Ethics Committee
Following reports appearing in several media sources since May 2020, the chairperson of the investigatory chamber of the independent Ethics Committee has initiated a preliminary investigation into certain allegations concerning the FIFA President, Gianni Infantino. In addition, on 21 June 2020, a complaint was filed against the FIFA President before the FIFA Ethics Committee concerning the same matter.
These sources made reference to several alleged breaches of the FIFA Code of Ethics, including the booking by FIFA of a private flight from Suriname to Geneva and meetings between the FIFA President with Michael Lauber, Attorney General of the Swiss Confederation.
In accordance with article 59 of the FIFA Code of Ethics, the chairperson of the investigatory chamber has opened a preliminary investigation on the basis of the allegations contained in the above-mentioned sources. In particular, as the allegations are related to meetings between the FIFA President and the Swiss Attorney General which have since been made the subject of an investigation by a Swiss federal special prosecutor, Stefan Keller, all further relevant facts and materials available to the investigatory chamber of the independent Ethics Committee were also examined.
In this connection, access was granted to a copy of the decision of 29 July 2020 by the Swiss special prosecutor, as well as the various decisions of the Swiss Federal Criminal and Administrative Courts relating to the matter and the ruling of the Supervisory Authority for the Office of the Attorney General relating to Mr Lauber. All of this material has been duly scrutinised by the chairperson of the investigatory chamber in the context of the preliminary investigation.
After examining the relevant documentation and evidence, the chairperson of the investigatory chamber has decided to file the complaint and close the case due to the evident lack of a prima facie case regarding any alleged breach of the FIFA Code of Ethics. Based on the information available to date, no aspect of the conduct analysed constitutes a violation of the FIFA regulations – some aspects do not even fall within the provisions of the FIFA Code of Ethics, or justify the adoption of any kind of measure, including that of a provisional suspension.