The outcome may hinge on whether US courts approve Uefa’s applications to obtain evidence connected to the FFE proposal. The organisation is requesting information from Fifa, Thrive Capital – the venture capital company expected to serve as FFE’s principal investor – and its founder Josh Kushner, as well as former Formula 1 executive Greg Maffei, identified as “the key commercial adviser” to the planned agreement. Regarding Thrive and Kushner, Uefa’s legal representatives are pursuing subpoenas covering “the production of documents and communications and for deposition testimony”.
Kushner, the brother of US president Donald Trump’s son-in-law, has not responded publicly. However, some legal specialists suggest he may be able to contest and prevent a subpoena by claiming that confidentiality is essential to safeguard his commercial interests and prospective investments. Kushner recently reached an agreement to acquire basketball team the Los Angeles Lakers for a record £9.3bn.
There is no indication of how long the proceedings might last or whether Uefa will obtain sufficient evidence to reinforce its allegation that the World Cup was intentionally valued too low at approximately £15bn. It also remains uncertain whether the organisation will act on its warning to submit a criminal complaint in Switzerland.
There is equally little certainty over Uefa’s prospects of securing criminal charges. In 2002, during a comparable period of division, several members of Fifa’s executive committee submitted a criminal complaint against former president Sepp Blatter to a Zurich court, external. Prosecutors declined to proceed, and Blatter rejected the accusations. Last year, an extended effort by Switzerland’s Attorney General’s Office to prosecute Blatter and former Uefa president Michel Platini concluded with both being completely acquitted of corruption allegations.
Possibly recognising the obstacles facing its legal case, Uefa has also promised to “secure fundamental reform, restore proper limits on presidential authority and ensure that Fifa is once again governed as an institution – not around one individual”. It has additionally called for “a genuinely independent external review of FFE”.
Infantino continues to command backing across South America, Africa and sections of Asia, and he has withstood every recent challenge from Uefa. As a result, many observers expect him to stay in office and pursue a fourth term in the spring. Uefa has stated that, if he stands again, it will “join forces with its partner confederations to ensure that member associations are offered a credible alternative – one committed to integrity, accountability, development and genuine institutional change”.
The key questions are whether a candidate capable of bringing the opposing sides together can be found and what measures could prevent football from facing a similar crisis again.
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