The case involves Osiris Guzmán, the former president of the Dominican Football Federation (FEDOFUTBOL), who appealed a decision by FIFA’s Ethics Committee. The FIFA Adjudicatory Chamber found Guzmán guilty of violating several articles of the FIFA Code of Ethics, including bribery, accepting gifts, and conflict of interest. The charges stemmed from his involvement in the CONCACAF development program, where he received $87,000 in three installments, and his handling of ticket sales for the 2014 and 2018 FIFA World Cups. Guzmán was accused of profiting personally from the resale of tickets, receiving payments totaling $193,473 for the 2014 World Cup and $70,680 for the 2018 World Cup. Additionally, he was implicated in conflicts of interest, such as employing relatives within FEDOFUTBOL and using his engineering company’s logo in federation publications without payment. FIFA imposed a 10-year ban from all football-related activities, a fine of CHF 150,000, and CHF 10,000 in procedural costs.
Guzmán appealed to the Court of Arbitration for Sport (CAS), arguing that the application of the 2018 FIFA Code of Ethics violated the lex mitior principle, which holds that a milder law should apply if it is enacted after the offense. The CAS panel ruled that Article 27 of the 2018 Code did not violate this principle, as it allowed for sanctions below the minimum in certain circumstances. The panel also noted that disciplinary cases involving bribery often rely on circumstantial evidence due to the secretive nature of such conduct, applying the standard of "comfortable satisfaction" rather than requiring direct proof. The CAS upheld FIFA’s finding that Guzmán’s personal profit from ticket sales constituted bribery under Article 27.
Regarding the sanction, the CAS emphasized that it could only intervene if the penalty was "evidently and grossly disproportionate," which it found not to be the case. The panel reviewed the evidence, including financial transactions and Guzmán’s involvement in questionable business dealings, and concluded that FIFA’s decision was justified. The CAS ultimately dismissed Guzmán’s appeal, confirming the 10-year ban and financial penalties. The ruling reinforced FIFA’s authority to enforce ethical standards in football governance and clarified the legal principles applicable to disciplinary cases, including the flexibility of the 2018 Code of Ethics and the evidentiary standards for proving misconduct.
The CAS partially upheld Guzmán’s appeal, reducing the sanctions but maintaining significant penalties for the proven violations. The decision underscores the importance of transparency and ethical conduct in football administration while balancing proportionality in disciplinary measures. The final ruling found Guzmán guilty of bribery and conflict of interest, imposing a seven-year ban from all football-related activities and a fine of CHF 100,000, the minimum for bribery, along with upholding the original CHF 10,000 cost order. The case highlights the complexities of applying ethical codes retroactively and the challenges in balancing evidence standards with disciplinary measures in sports governance. The decision reaffirms the importance of integrity in football and the consequences for those found guilty of misconduct.