The trial of the ‘Case Neymar 2’ who start today. Neymar and his father will sit in the courtroom alongside the former presidents of FC Barcelona Sandro Rosell and Josep Maria Bartomeu. Alongside them a former director of Santos, Odilio Rodrigues is also connected to an alleged crime of corruption in business and fraud Neymar’s signing for Barça in 2013. The trail begins this Monday, October 17, in the sixth section of the Provincial Court of Barcelona and will last until October 31.
The prosecution requests 5 years in prison and a 10 million euro fine for Sandro Rosell and two years in prison. Moreover, for Neymar and 10 million fine. However, it exonerates Bartomeu was vice president when the events occurred, understanding that despite signing the presumably fraudulent contracts to sign Neymar, between 2011 and 2013, he did not take an active part in the negotiations. For the player’s father and mother, the prosecution asks for two and one year in prison respectively and for the former manager of Santos Odilio Rodrigues, three years in prison. For Barca, Santos, and a company called N&N, the prosecution requests fines of 8.4, 7 and 1.44 million euros.
The Brazilian company DIS, owner in 2009 of 40% of the player’s rights when he was 17 years old. Therefore, they present themselves as a private accusation together with the Federation of Associations of Professional Athletes of Brazil (FAAP) and asks for five-year prison sentences for Neymar and his disqualification from playing football for the duration of his sentence. In addition to the same years in prison for his parents and a fine for the benefit of the State of 159 million euros.
Moreover, the prosecution also asks for five years in prison for Rosell and Bartomeu, then president and vice president respectively of the Barça club, and their disqualification from holding managerial positions for 6 years. In addition, a fine of 195 million in compensation for the benefit of the State.
Defenses of Neymar and their parents argue that the Spanish courts “lack jurisdiction”. The acts were committed outside Spanish territory with a crime -business corruption- that “is not punishable in Brazil”. Moreover, they consider that “it makes no sense to apply in the transfer market, where the rules of free competition do not operate, since the transfer from one club to another depends on the free will of the player.
Relationship with the ‘Case Neymar 1’
In the ‘Case Neymar 1’ there was agreement in the judicial sphere. The court convicted Barça for two tax crimes, and the club paid 5.5 million euros. Moreover, it was determined that 40 million euros were paid as “disguised salary” according to the court order issued at the time. However, the ‘Case Neymar 2’ was filed as these 40 million salary and not transfer price as ruled by the ‘Case Neymar 1’ subsequently the Prosecutor’s Office requested. However, DIS asked to reopen the case after believing that this payment had a direct impact on the market and prevented other clubs from negotiating with either Neymar or Santos.
The dance of the numbers
According to DIS, the contracts that Neymar signed with Barca went to save what they had to pay to the company belonging to the group Santos, a termination clause of 65 million euros. In this sense, they maintain that the Barca disbursed 25.17 million to Santos for the rights to the player and 60 for various concepts to the signature N&N by the father of Neymar. However, DIS only received 6.8 million, for his 40%.
Santos did receive his 55% because a friendly match between the clubs worth 4.5 million euros. Moreover, the club paid 7.9 million Euros for a right of preference for three players. Barca never excercised these options. They say that the total amounted to about 85 Million Euros. Barca It started with 17.1, passing to 57.1, with 40 to the parents, and in the end they admitted that it was 86.2 Millions.
This Monday, Faus, Rosich, Sanllehí, Cury and Zubizarreta
After analyzing the previous questions, this Monday, among others, Javier Fausthen vice-president of Barça, Antoni Rossichformer CEO, Raül Sanllehi, former football director of the club, Andre Cur ywho worked as an agent and scout for Barça, and Andoni Zubizarreta, former sports director – will testify.
Tomorrow, among others, it will be the turn of the president of Real Madrid Florentino Perez, who will declare by videoconference, and will have to confirm when he offered for the transfer what the conditions of the transfer were. Neymar, Rrosell and Bartomeu will not declare, at the earliest, until Friday, October 21. Although this Monday they will have to be present at the oral hearing session of the Barcelona Court.
The trial schedule