Uefa files US legal papers over Infantino’s shelved FFE plan

Uefa has lodged legal papers in the United States accusing Fifa president Gianni Infantino over his now-shelved Fifa Forward Enterprise (FFE) plan, more than a month after the scheme was revealed and collapsed. The filings contain blistering language including: "On information and belief, Infantino's actions described herein rise to the level of criminal mismanagement," "A stunning dereliction of duty," and "A fraudulently off-market price promoted by Infantino for his own benefit."

The documents allege the World Cup was given an "absurdly low enterprise value... that was neither the product of an open, competitive auction, nor tested by any independent valuer" and describe the transaction as one that "inflicted direct and concrete injury... to the detriment of Fifa as well as its 211 members" and was conducted under "a veil of secrecy". They reference Infantino's "cronies" and "co-conspirators" and include a chapter on "the enduring history of corruption among Fifa officials." Uefa is seeking access to evidence and documents in the US for potential use in litigation in Switzerland.

Since the FFE plan was revealed and then collapsed days later, Uefa says it has faced the strongest public pressure from former players, politicians and fan groups, and there have been leaked claims about Infantino that he has labelled "categorically untrue". The dispute has moved beyond public statements to the threat of legal proceedings, a development Uefa says underlines the ongoing civil war within world football governance.

Infantino has received public backing from the Saudi Arabian Football Federation, which said "at this time [it] supports the continued efforts of Gianni Infantino to restore unity." Uefa withdrew a threat to boycott Fifa competitions after receiving assurances there would be no repeat of the FFE scheme, but then signalled a further escalation by preparing criminal legal proceedings. Infantino defended FFE as a means of unlocking the commercial potential of Fifa before later apologising for "errors," while Fifa officials have said they are focused on delivering the U20 Women's World Cup, starting next week in Poland; Infantino has posted video of a visit to Vietnam and recently travelled to the Dominican Republic and Paris.

In court filings seen by BBC Sport, Uefa is seeking information from three parties: Fifa, Thrive Capital and its founder Josh Kushner, and former Formula 1 chief Greg Maffei, described as "the key commercial adviser" on the proposed deal. The filings state that neither Kushner nor Maffei are anticipated defendants, but Uefa seeks subpoenas for "the production of documents and communications and for deposition testimony." Kushner has yet to comment; "some legal experts believe he could successfully challenge and block such a subpoena request by arguing that the details of the deal need to remain confidential to protect his business interests and future investments." The papers note Kushner is the brother of US president Donald Trump's son-in-law and that he has recently agreed a deal to buy the Los Angeles Lakers for a record £9.3bn.

Uefa says it believes the World Cup was deliberately undervalued at about £15bn, but it is unclear how long the US disclosure process could take or whether Uefa will secure the evidence it needs to support that claim, or whether it will ultimately file a criminal complaint in Switzerland. The filings arrive against a backdrop of legal precedent: a 2002 criminal complaint by some Fifa executive committee members against Sepp Blatter resulted in no action by the Zurich public prosecutor, and last year a long-running attempt by the Swiss Attorney General's Office to prosecute Blatter and Michel Platini ended with both men being fully cleared of corruption charges. Leading sports lawyer Nick de Marco KC said: "What Uefa have to show is that they have an arguable case for criminal proceedings to be brought against Infantino," and added: "If they can show that…then they ought to be given disclosure of a lot of the documents." He also said: "We're a long way off from that - the first stage is this disclosure application. "My own view is that the likelihood of success in that, which is very important, is high, but then it's a question for the Swiss prosecutor, looking at that disclosure, to decide whether there is a case [and] that will take some time...but I think what we will likely see is disclosure of very interesting documents and more light shone onto this plan."

Uefa has pledged to "secure fundamental reform, restore proper limits on presidential authority and ensure that Fifa is once again governed as an institution - not around one individual," and demanded "a genuinely independent external review of FFE." The body warned that if Infantino seeks re-election it will "join forces with its partner confederations to ensure that member associations are offered a credible alternative - one committed to integrity, accountability, development and genuine institutional change." Uefa vice-president Laura McAllister, speaking to BBC Sport in Monaco, said: "We have some clarity over the changes that are needed to modernise football governance and to make it run in a way that is accountable to its most important stakeholders." She added: "I think there are lots of credible candidates out there, but it has to be a candidate that can unite that standpoint and somebody who has the credentials and the credibility and the buy-in to really champion that agenda," and: "We need to make the governance itself rooted on the principles that are so important like transparency and independence and critical challenge and due diligence." She warned "this wouldn't be a simple process and we knew that change wouldn't happen overnight."

In October Infantino will face some of his opponents at a Fifa Council meeting, presidential candidates must be nominated the following month, and in March an election is scheduled that, if contested by Infantino, could prove pivotal to the future direction of football. Until then, the division and rancour that has engulfed the game's governance looks set to continue, and Uefa's legal action foreshadows further confrontation.