Following
an intense investigation into the fraud scandal that rocked the world
football governing body, FIFA, two top officials have been banned from
all football related activities.
Michel Platini and Sepp Blatter
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After an investigation by the global body's Ethics Committee, the
FIFA and UEFA presidents have bagged lengthy bans, UK Mirror reports.
The two had been under investigation by the body's Ethics Committee
amid the corruption scandal that has shaken up football governance in
recent months.
And now, the adjudicatory arm of the committee has opted to suspend both men from all football-related activity.
The pair are in the dock over a "disloyal payment" made by Blatter
to Platini in February 2011, supposedly for work done in 1999.
The Ethics Committee deemed that Platini's explanation of that
payment was "not convincing". Platini has been fined 80,000 Swiss
Francs, and Blatter 50,000.
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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