UEFA have sent a legal letter to FIFA and its president, Gianni Infantino, threatening legal action over the failed FIFA Forward Enterprise (FFE) scheme and demanding that any related evidence be preserved.
What was the FFE plan?
Earlier this week, reports emerged that FIFA had planned to sell shares in its tournaments, including the men's and women's World Cups and the Club World Cup. The proposal, which was to be called FIFA Forward Enterprise (FFE), was met with widespread criticism. UEFA, along with CONCACAF and AFC, made clear they opposed the plans.
Following a meeting with its 55 member associations, UEFA threatened to boycott all FIFA competitions if the proposals went ahead. The backlash led Infantino to release a statement confirming the scheme had been scrapped, citing the “division” within football as a reason.
UEFA letter warns against destroying evidence
The Telegraph has reported seeing a letter sent by UEFA to FIFA, as well as to potential investors Joshua Kushner, Greg Maffei, JP Morgan and OpenEconomics. In the letter, UEFA says it is “actively considering legal action, arbitration, and/or regulatory complaints” arising out of the FFE plan.
“Uefa hereby gives formal notice that it is actively considering legal action, arbitration, and/or regulatory complaints (together, the “proceedings”) arising out of and in connection with the FFE plan proposed by Fifa and all related matters as further described below,” the letter says.
UEFA also demands that FIFA and the investors take steps to preserve all documents. “You and Fifa are required to take immediate steps to identify, locate, and preserve all documents and electronically stored information described in this notice that are in your or Fifa’s possession, custody, or control,” the letter continues.
“These obligations arise independently of any internal retention policy you or your organisation maintain and supersede any routine document destruction or deletion policies that would otherwise apply.”
Spoliation warning
The letter goes on to state: “Uefa – as well as other confederations, Fifa member associations and football stakeholders – has strongly condemned the FFE plan in the strongest terms as fundamentally incompatible with the proper governance of football.”
“Given that proceedings are reasonably anticipated, you are obliged to preserve all relevant materials (as defined below) with immediate effect.”
UEFA further warns: “Uefa puts you on formal notice that any destruction, deletion, alteration, concealment, or loss of relevant materials following receipt of this notice – or following any earlier date on which you were, or reasonably should have been, aware that proceedings were anticipated – may constitute spoliation of evidence.”
“Uefa reserves all rights to seek appropriate remedies in the proceedings for any such destruction or loss, including applications for adverse inference orders, sanctions, and costs against the responsible party or parties.”
