The case involves Marco Polo Del Nero, a former high-ranking football official, who appealed disciplinary sanctions imposed by FIFA for violations of the FIFA Code of Ethics (FCE). The Court of Arbitration for Sport (CAS) reviewed the case de novo, independently assessing the facts and merits without being limited by procedural flaws from the initial proceedings. Key legal issues included the standard of proof, admissibility of evidence, and the proportionality of sanctions. The standard of proof under Article 51 of the FCE was clarified as aligning with Swiss jurisprudence, focusing on subjective truth rather than objective truth. CAS panels applied the "comfortable satisfaction" standard, balancing the seriousness of allegations while considering personal conviction. This standard is recognized as part of lex sportiva, the body of rules governing international sports.
Del Nero, former president of the Brazilian Football Confederation (CBF) and member of FIFA's Executive Committee, was accused of misconduct during his tenure, including bribery and corruption related to media and marketing rights for tournaments like Copa Libertadores and Copa America. FIFA's Ethics Committee found him guilty and imposed a lifetime ban and a fine of CHF 1 million. Del Nero appealed, arguing procedural unfairness, lack of evidence, and disproportionate sanctions. He contested the admissibility of evidence, including witness testimonies and documents from U.S. criminal proceedings, claiming they were unreliable or illegally obtained. The CAS panel upheld FIFA's sanctions but adjusted the lifetime ban to 20 years, considering mitigating factors like the provisional ban he had already served.
The panel emphasized the challenges of proving corruption due to its clandestine nature, relying on circumstantial evidence such as witness testimonies, financial records, and wiretapped calls. It found the collective evidence compelling, corroborating Del Nero's involvement in bribery schemes. The panel rejected his arguments about procedural flaws, noting the de novo review cured any deficiencies from FIFA's initial proceedings. It also dismissed his claims of insufficient evidence, highlighting the consistency and mutual reinforcement of the presented proof. The decision underscored the importance of proportionality in sanctions, balancing the severity of the offense with fairness. The panel concluded that Del Nero's actions severely damaged football's integrity, warranting significant penalties to uphold ethical standards and deter future misconduct. The ruling reaffirmed CAS's role in ensuring fairness and legality in sports governance, emphasizing the need for accountability in high-ranking officials. The case highlights broader issues of corruption in football governance and the complexities of adjudicating such cases where direct evidence is often scarce. The panel's decision reflects a careful balance between disciplinary rigor and procedural fairness, aligning with Swiss legal principles and FIFA's regulatory framework.