Prosecutors in Spain had sought a two-year prison sentence and a fine of 10 million euros ($9.9 million) for Neymar, a key member of Brazil’s World Cup team that will compete in Qatar in November.
However, in an unexpected move, the state prosecutor dropped all criminal charges against Neymar and the rest of the accused, claiming that there was insufficient evidence presented in court that a crime had been committed.
However, the trial is still ongoing because the Brazilian investment firm DIS, which brought the case jointly, has maintained its accusation that the parties committed fraud and corruption.
The case revolves around Neymar’s high-profile transfer from Santos, where he rose to international prominence, to Barcelona nearly a decade ago. At the time of his move to Europe, DIS, which is owned by the founders of a supermarket chain, had a 40% stake in Neymar’s sporting rights.
DIS claims in a 2015 complaint filed in Spain that Neymar, Barcelona, and the Brazilian club conspired to conceal the true cost of his transfer, defrauding it of its legitimate financial interests.
Barca stated that the transfer was worth 57.1 million euros, with 40 million going to a company called N&N, which manages Neymar’s affairs, and 17.1 million going to Santos, with 6.8 million going to DIS. According to Spanish prosecutors, the actual value was at least 83 million euros. The company is attempting to recoup 35 million euros.
On the second day of his trial, October 18, Neymar told the court that he did not remember taking part in the negotiations over his transfer to Barcelona and that he only signed documents presented to him by his father.
In court, he stated, My father has always been in charge. I sign whatever he tells me to sign. The other defendants, including former Barcelona presidents Josep Maria Bartomeu and Sandro Rosell, have all denied any wrongdoing.
According to state prosecutor Luis Garcia, the proper forum for DIS’s claims would be a civil court, which deals with disputes between individuals or organizations.
DIS has every right to believe that Neymar’s transfer should have resulted in a higher profit, but I believe it chose the wrong jurisdiction, he told the court on Friday when announcing his decision to drop charges.
The court’s decision is expected in a few weeks.
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