UEFA Investigates Infantino and FIFA: Details of Legal Action

The European confederation has submitted a request for evidence acquisition in the United States, in anticipation of legal action in Switzerland.

The rift between UEFA and FIFA, stemming from the FIFA Forward Enterprise project – which proposed selling stakes in the World Cup to private investors – is shifting from the political arena to the judicial one. In a document prepared for the United States District Court for the Southern District of Florida, the European confederation is seeking to obtain documents and testimonies in the United States for use in a potential criminal proceeding in Switzerland against Gianni Infantino and, possibly, other FIFA officials. The document, which TMW has reviewed, is still in draft form.

What UEFA is Requesting in the United States

The request is based on 28 U.S.C. § 1782, a statute that allows American federal courts to authorize the acquisition of evidence intended for foreign proceedings. UEFA intends to serve subpoenas on FIFA Americas and FWC2026 US, both companies based in Florida, to obtain emails, financial documents, term sheets, valuations, and communications related to the inception and development of FIFA Forward Enterprise. It also seeks to depose representatives of these two companies.

The Core Issue: Management and Valuation

At the heart of the dossier is the project through which FIFA was reportedly set to sell approximately 20% of a new commercial structure for $4.2 billion, based on an overall valuation of around $20 billion. UEFA disputes both the process (for which Infantino has already provided assurances of its abandonment) and the price. It contends that the plan was developed by a close circle around Infantino, Joshua Kushner, and Greg Maffei, without the involvement of the FIFA Council, the competent body according to the statutes for managing commercial rights. Also under scrutiny is the alleged absence of a competitive bidding process and an independent valuation. The document claims that the $20 billion valuation would have been significantly lower than what could be achieved using comparable benchmarks in the sports market.

The Potential Criminal Path in Switzerland

The most sensitive aspect concerns Article 158 of the Swiss Penal Code, relating to disloyal management. UEFA is considering filing a complaint, arguing that any breaches of management duties could have caused financial damage to FIFA (and consequently its subsidiaries) and favored external or personal interests of Infantino and potentially the Trump family (Joshua Kushner is the brother of Jared, son-in-law of the US President). The dossier also references the alleged possibility of a future role for Infantino in the new commercial structure, with an annual remuneration in the order of $30 million. However, the American request does not equate to a formal criminal accusation nor does it prove any responsibility. It is intended precisely to gather the material with which UEFA could build, in Switzerland, the next step in its battle against Infantino.