The prosecution is asking for five years in prison for the former president of the Barça Sandro Rosell and two for the ex-Blaugrana footballer Neymar Jr for fraud and corruption in business for the signing of the Brazilian striker in 2013. FC Barcelona is also accused of the same crimes and faces a total fine of 8.44 million euros, in addition to joint compensation with the remaining accused of 3.2 million. Instead, the public ministry requests the filing of the case for Rosell’s successor, Joseph Maria Bartomeu. According to the prosecution, the Santosclub of origin, Barça and the footballer simulated a signing that was lower than the real one in order not to pay what corresponded to an investment fund that had part of the footballer’s rights.
The indictment is directed against Rosell, Neymar Jr, his parents and a manager of Santos, and against Barça, Santos and the company of Neymar’s family. The public ministry accuses them of one crime of corruption in business and another of improper fraud by contractual simulation. For Bartomeu, the prosecutor’s office is asking for a provisional dismissal because, as vice president, he first signed the contracts at the behest of Rosell, but did not actively participate in the negotiations. The trial is scheduled to take place onBarcelona hearing from next October 17.
The investment fund DIS acquired in 2009 40% of Neymar’s economic and federation rights when he was playing for Santos, and paid 5 million. On 7 November 2011, Neymar signed a new contract with Santos until July 2014, although the previous contract was until 2015, with a release clause of 65 million euros, but the club authorized it negotiate with other entities. In November 2011 itself, with Rosell as president and negotiating directly with the player’s agent and father, Barça undertook to pay Neymar 40 million to secure his signing from 2014, when he was free. If the player broke the contract, he agreed to return 50 million to Barça, but Barça would also pay 40 million to the player if they did not end up signing him. The club guaranteed a salary of 36.1 million euros for the player for five years.
In addition, they agreed that the club would give the player, as a “loan”, 10 million euros that same 2011, but it had no interest or any guarantee. In September 2013, Barça paid 25 million, and in January 2014 the remaining 5 million, thus reaching the agreed 40 million. In November 2012, DIS sent a letter to Barça reminding them that they had 40% of Neymar’s federation rights, but the club replied that they had no agreement with Santos about the player.
In February 2013, Rosell and Bartomeu, then first vice-president of the club, decided to advance the arrival of Neymar by one season. They decided, according to the prosecution, without the authorization of the club’s board of directors. The decision meant that Neymar had to terminate his contract with Santos one year before it ended in 2014. Furthermore, faced with the prospect of Neymar breaking his commitment and signing for another club, Rosell offered him a higher salary than initially agreed. Neymar demanded a higher signing fee than initially agreed and prosecutors say Rosell accepted it. He also offered Santos more money in exchange for avoiding paying 40% of the royalties to DIS.
In May 2013, after negotiations between Rosell and Neymar’s father ended, the club publicly maintained that the signing would continue to cost the 40 million initially agreed plus 17.1 million that would have to be paid to Santos, which it did a total of 57.1 million. This was due to the fact that the board of directors had agreed on a strategic plan to control expenses to reduce debt and had set the maximum limit to spend on signings the following season at 70 million. This allowed to have almost 13 million euros to sign other footballers.
Suspicious contracts
To try to avoid paying more to DIS, Barça, Santos and Neymar devised several contracts with different objects and denominations, but which were basically for the Catalan club to pay for the signing of the Brazilian star. Barça and Santos signed four contracts, but only the first was strictly for the signing of Neymar worth 17.1 million. In an annex to the contract it was established that 6.8 million were for DIS, and that if a subsequent court ruling established a higher amount, the two clubs would pay it in half.
The second contract was a collaboration agreement in grassroots football, and for which Barça paid 7.9 million euros to Santos to have the right of preference in the signing of three players. Despite having paid the money, Barça did not end up signing any of the three. The third contract was for Barça to play a friendly match at Brazil against Santos for free. However, on the same day, Rosell and Bartomeu sent a letter to Santos acknowledging that if the match was not played while Neymar was a Barça player, the Catalan club would pay Santos 4.5 million. The match has not yet been played and Neymar no longer plays for Barça. The fourth and final contract between the two clubs was for Santos to play the Joan Gamper trophy for free, match that was played.
Finally, Rosell and Bartomeu sent another letter to Santos forcing Barça to pay 2 million euros to Santos if Neymar was chosen as one of the three finalists for best player of the year by FIFA while he was Blaugrana. In total, Barça paid 25.1 million to Santos; 17.2 for the signing of Neymar, 5.9 as the first payment for the agreement for grassroots football, and 1.9 for the second payment for grassroots football. Of the 17.1 million of the signing, 6.8 went to DIS, but the prosecution says that it should have collected 10 million euros, 40% of the total 25 million. For this, he claims 3.2 million in compensation for the Brazilian investment fund.
Apart from this, Barça and Neymar signed seven contracts, in which a higher salary was established for the player than the one fixed in 2011, going from 36.1 to 45.9 million euros in five years. Likewise, Barça paid 1.5 million to Neymar for the exploitation of the player’s image rights and to accept the transfer of his federation rights, a payment not foreseen in 2011. A signing bonus of 8 was also established, 5 million euros, which was not foreseen in the 2011 contract.
For all of this, the prosecutor’s office is asking for five years in prison for corruption in business and fraud, a 10 million euro fine and a three-year disqualification from working in industry or commerce. He is asking Neymar and his father for two years in prison for corruption in business, a fine of 10 million euros and a three-year disqualification from working in industry or commerce for each. He is asking the mother for a year in prison, three years of disqualification and a 10 million fine. To the director of Santos O.R.F. He is asking for three years in prison for fraud. On the other hand, he is asking Barça for 8.4 million euros for fraud and corruption in business, Santos for 7 million for fraud and the Neymar family company for 1.4 million for corruption in business. In addition, in Rosell, the manager of Santos, Barça and the Brazilian club are demanding joint compensation of 3.2 million for DIS.
