The case involves Jérôme Valcke, former FIFA Secretary General, who faced disciplinary proceedings for multiple violations of the FIFA Code of Ethics (FCE). The Court of Arbitration for Sport (CAS) upheld FIFA's sanctions, imposing a ten-year ban from football-related activities and a fine of CHF 100,000. The violations centered on Valcke's involvement in the unauthorized resale of FIFA World Cup tickets, misuse of FIFA funds for personal travel, conflicts of interest, and failure to cooperate with investigations.
Valcke was found to have facilitated the resale of tickets through a third party, JB Sports Marketing, in violation of FIFA agreements, and personally benefited from a 50% kickback on profits. The CAS panel determined this constituted a clear conflict of interest under Article 19 of the FCE, as Valcke prioritized personal gain over FIFA's interests. Additionally, Valcke misused FIFA resources by using private jets for personal travel without justification and exceeding permitted companion limits, violating FIFA's travel regulations and ethical standards.
The panel also examined Valcke's role in a transaction between FIFA and EON, a virtual reality company, where his son stood to benefit financially. This was deemed a breach of ethical conduct, as Valcke used his position to influence the deal. Another violation involved offering undervalued media rights for the 2018 and 2022 World Cups to the Caribbean Football Union (CFU) as a "gift," which the panel classified as an undue benefit aimed at securing political support.
Valcke's refusal to cooperate with FIFA's investigation, including deleting files from his work laptop and failing to attend interviews, further compounded his violations. The panel rejected his claim that the privilege against self-incrimination justified his non-cooperation, emphasizing that disciplinary proceedings in sports require mandatory collaboration to uphold integrity.
In assessing sanctions, the panel considered the severity of Valcke's actions, his high-ranking position, and the financial motives behind his misconduct. While acknowledging his clean disciplinary record and contributions to football, the panel concluded these factors did not outweigh the gravity of his violations. The ten-year ban and fine were deemed proportionate, aligning with penalties for similar offenses in FIFA's disciplinary history.
The CAS decision reinforces the importance of ethical conduct in sports governance and the accountability of high-ranking officials. It underscores FIFA's authority to enforce disciplinary measures under its regulations while ensuring compliance with legal principles such as proportionality and due process. The ruling also highlights the distinction between employment law and association law, affirming FIFA's autonomy in imposing sanctions independent of labor law constraints. Ultimately, the case serves as a precedent for maintaining integrity in sports administration and the consequences of breaching ethical obligations.