Judge Josep de la Mata, looking into the charge of corruption alleged in the transfer of Neymar Jr. to Barcelona, has ruled that the Brazilian superstar, his parents, club president Josep Maria Bartomeu and his predecessor Sandro Rossell will stand trial for crimes related to the transfer.
In essence, the club itself will be on trial, as the murky case will be taken to court. This intensifies the scrutiny on Neymar as an ongoing tax fraud case surrounding the superstar continues (a court had found him guilty and ordered him to pay a 45 million Euro fine) – much like it haunted his illustrious teammate Lionel Messi.
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The whole saga started in January 2014 when the prosecutor's office in Madrid began investigating the transfer and found discrepancies and irregularities in the contract documents. According to them some of the figures on the documents submitted by the club didn't tally with the original contract – including the amount of money paid to Neymar's parents.
Judge de la Mata said - “If the objective of this contract was to directly alter the free market of players, then it is reasonable to think that the two officers (Rosell and Bartomeu) were just as responsible for the decision and aware of its illegality. Both knew the full circumstances when they decided to sign this contract."
This tallies with what the prosecutors had initially wanted – jail sentences for Rossel and Bartomeu. The judge also reiterated that the player's parents were equally responsible as they are considered the legal representatives of both entities (Neymar and Barcelona). Sandro Rossell – a former Nike Vice President – was one of the main reasons Neymar signed for Barca, his connections with the star from his time at Nike helping to swing the player’s mind.
The key to the case here is a contract Neymar signed in 2011 (while he was still at Santos) which meant he would receive 40 million euros to sign for Barcelona in the future – this meant it altered the concept of free market prices for player signing and hence can be bracketed as private corruption.
The case was brought forward by investment fund DIS, which claims it was short-changed during the move in 2013 (the fund used to hold the transfer rights for the player). They say that they did not get an appropriate commission – 40% of the fee - as the transfer was concealed
In July, the case had been dropped, but the Judge was ordered to reopen the case in September by the Spanish Supreme Court and from that he has pronounced that they will stand trial.
Prosecutors now have 10 days to formalise the request for a trial.
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