Judge Vacates Convictions in Bribery Case Over Soccer Broadcast Deals

Football
Published 02.09.2023
Judge Vacates Convictions in Bribery Case Over Soccer Broadcast Deals

Less than six months after a federal jury convicted a former Fox worker and an Argentine sports activities advertising and marketing firm of collaborating in a scheme to pay bribes in alternate for profitable soccer broadcasting contracts, a decide in Brooklyn vacated the convictions on Friday.

In a 55-page ruling, the decide, Pamela Okay. Chen, concluded that the federal wire fraud statute underneath which the defendants had been convicted didn’t apply to their actions.

In a seven-week trial that resulted in March, prosecutors alleged that Hernán López, who holds twin American and Argentine citizenship and who till 2016 labored for a unit of what was then often called twenty first Century Fox, had been a part of a scheme to make thousands and thousands of {dollars} in secret annual funds to the presidents of nationwide soccer federations to be able to safe the rights to 2 extensively considered South American soccer tournaments.

Mr. Lopez — who prosecutors additionally mentioned had leveraged loyalty he garnered by way of bribes to assist Fox beat out ESPN in its bid for the U.S. broadcasting rights for the 2018 and 2022 males’s World Cups — was convicted on one depend of cash laundering conspiracy and one depend of wire fraud conspiracy. He confronted as much as 40 years in jail.

Prosecutors mentioned that Mr. López’s co-defendant, the sports activities advertising and marketing firm Full Play Group, had paid bribes for the rights to a number of World Cup qualifiers, exhibition matches and tournaments. Full Play was convicted on six fraud and cash laundering counts and will have confronted stiff monetary penalties.

A key consider Judge Chen’s resolution, handed down late Friday, was the scope of a regulation underneath which the defendants had been charged, often called the trustworthy companies wire fraud statute.

Judge Chen cited a ruling by the U.S. Supreme Court in May, through which the justices threw out two fraud convictions stemming from public corruption prosecutions throughout Gov. Andrew M. Cuomo’s administration in New York. In one of many instances, Percoco v. United States, the justices thought of whether or not a former aide to Mr. Cuomo may very well be prosecuted underneath a federal regulation that makes it a criminal offense to deprive the federal government of “honest services” for conduct that occurred after he left his authorities function.

In mild of that call, and the absence of precedent making use of that regulation to bribery of overseas workers of overseas nongovernment employers, Judge Chen wrote in her ruling that she was compelled to “find that the honest services wire fraud statute does not encompass foreign commercial bribery as charged against defendants.”

“We are obviously pleased with Judge Chen’s thorough and correct decision,” John Gleeson, a lawyer for Mr. López, mentioned in an announcement on Saturday.

Lawyers for Full Play wrote in an announcement on Saturday that their shopper “greatly appreciates the court’s complete vindication.”

The case in Brooklyn was considered one of many spawned by a yearslong corruption investigation by the U.S. Department of Justice into worldwide soccer officers, which has led to greater than two dozen convictions and over $100 million in forfeitures.

Beyond the speedy acquittals of Mr. López and Full Play, the ruling may have important implications for different defendants within the sprawling case. Two South American soccer officers had been convicted after the primary trial, in 2017, and will now search acquittals, and at the least 4 different defendants who’ve evaded extradition, together with the Argentine house owners of Full Play, may see the fees in opposition to them dropped. So far, the courtroom has not spoken about these points.

John Marzulli, a spokesman for the U.S. lawyer’s workplace for the Eastern District of New York, mentioned on Saturday that the prosecutor’s workplace was reviewing the choice.