A New York Federal Court Judge, Jeannette Vargas, rejected in August the attempts by US subsidiaries of FIFA to prevent European governing body UEFA from gathering evidence tied to its president Gianni Infantino’s dealings with private investors.
UEFA's Legal Pursuit
UEFA filed for discovery in the matter with the intent of removing Infantino from office and has stated it will file a criminal complaint against him in Switzerland if credible evidence of wrongdoing is found. The investigation focuses on the so-called 'FIFA Forward Enterprise' (FFE) proposal — an initiative that allowed minority stakes in World Cup and other tournaments to be sold to private investors.
The court ruled that two FIFA subsidiaries, which sought to block UEFA’s access to documents, lacked a ‘direct, substantial and legally protectable interest’ in the case. Vargas emphasized that no facts were presented suggesting these entities or FIFA itself would be defendants in any potential criminal proceedings.
Background: FFE Proposal and Backlash
When the FFE plan was unveiled in July 2023, it sparked intense criticism. The global body of 211 member federations — effectively owners of the Zurich-based not-for-profit entity — had been offered $20 million each (€18.1 million) to approve the project. Three continental confederations rejected it outright, with UEFA threatening a boycott of future tournaments if the initiative remained unchanged.
Infantino initially resisted but ultimately abandoned the proposal by August 2023 amid mounting pressure. Despite this, UEFA has continued its legal push for transparency and accountability regarding Infantino’s role in selecting investment partners under FFE.
FIFA's Response
FIFA has accused UEFA of harassment, asserting that its actions constitute an attempt to undermine Infantino personally. In September, FIFA filed a statement before a Florida judge — where it maintains offices in Miami — claiming that UEFA’s legal efforts are retaliatory and politically motivated.
The case remains focused on whether financial misconduct occurred during the development or execution of the FFE plan. Key documents sought include records from JP Morgan, a U.S. bank, and Thrive Capital, which is owned by Joshua Kushner. Kushner is brother of Jared Kushner, son-in-law of former U.S. President Donald Trump, and son of Charles Kushner, who was convicted of fraud and later pardoned by Trump prior to being appointed as U.S. Ambassador to France.
Political and Leadership Context
To date, only one individual — Japan’s Kohzo Tashima, a member of FIFA's 37-member ruling council since 2016 — has publicly declared candidacy for the presidency in an upcoming election. Infantino intends to run again but must pass an eligibility and integrity review conducted by a FIFA-appointed panel before his re-election is considered valid.
FIFA is expected to name another challenger soon; current indications suggest that Arsene Wenger, former Arsenal coach and head of global development at FIFA, may be approached as a candidate against Infantino. Any person wishing to challenge Infantino must formally declare their intent by November 18.
As of now, no evidence has been presented or verified to confirm wrongdoing on Infantino’s part. The legal process remains under active consideration, with UEFA seeking full disclosure from relevant parties while FIFA maintains its position that the investigation constitutes an abuse of power and political targeting.