The Spanish Supreme Court confirmed the verdict that there was no fraud in Neymar’s transfer to Barcelona.
Photo: Anton Zaitsev / Global Look Press
The Spanish Supreme Court acquitted former Barcelona forward Neymar, as well as former club presidents Sandro Rosel and Josep Maria Bartomeu, on charges of corruption and fraud in the transfer of the Brazilian player in 2013. confirmed.
In 2013, Neymar moved from the Brazilian club Santos to the Catalan club for 57.1 million euros. Barcelona later spoke about additional payments, and the player’s father said that around 100 million euros were paid for his son.
The case was brought in 2016 by the Brazilian investment company DIS, which owned 40 percent of the economic rights to Neymar, but did not have federal rights that allow the player to move to another club only after a transfer is agreed. The court said that under FIFA rules, federal rights cannot be transferred until the clubs reach an agreement. Therefore, DIS could not block the negotiations of “Barcelona” with the player or his father.
The key element of the case is the agreement dated November 15, 2011, two years before the actual transfer. At that time, Neymar’s contract with “Santos” was until 2014, so “Barcelona” could not buy the player, but only retained the right to buy him in the future. The club paid Neymar’s father 40 million euros – not for the transfer, but for the option (premium for preference) if the Brazilian becomes a free agent. The DIS called the money a bribe and concealment of the actual amount of the transfer, but the court ruled that the payment was legal.
Contrary to expectations, Barcelona did not wait for Neymar to become a free agent in 2014, but agreed on a transfer with Santos in 2013 and paid the club 17.1 million euros (of which DIS received 40% – 6.84 million euros).
The court held that this was a sporting decision and not an intention to defraud DIS. Even if the 2011 agreement violated FIFA’s internal rules, it would not be criminally liable. “This is not a criminal, but refers to the field of sports administrative law,” the decision reads.
The court said there was no evidence of collusion between Neymar, his father, Santos and Barcelona to deprive DIS of the relevant funds. Claims for a share of 40 million euros paid to the player’s father were rejected – these funds were an option payment for the future, not a transfer. “Neither the crime of corruption nor illegal fraud was committed in the business,” concluded the Supreme Court.
Initially, the prosecution demanded two years in prison and a fine of 10 million euros for the Brazilian, but in October 2022 all charges were dropped. In December 2022, the Spanish National Court acquitted all the participants in the case, and now the Supreme Court has confirmed this decision.
Neymar played in Barcelona from 2013 to 2017. He played 186 games for the club, scoring 105 goals and making 76 assists. The forward has won the Spanish champion twice, the national cup three times and won the Champions League and UEFA Super Cup once.
Now the player is playing for the Brazilian team “Santos”.
