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Interview: How were FIFA officials arrested by U.S. authorities in Switzerland?

Xinhua, June 9, 2015 Adjust font size:

As U.S. investigations probe deeper into FIFA, it is important to understand how U.S. authorities instigated arrests in Zurich in the past two weeks, where nine FIFA officials and five corporate executives were indicted on allegations of fraud, bribery and money laundering.

In an interview with Xinhua, University of Geneva Law Prof. Margareta Baddeley pointed out: "U.S. anti-corruption law enables authorities to investigate individuals suspected of private corruption even in affairs which are conducted in foreign countries, if a link with the United States exists."

To her knowledge, "the alleged corruption charges affecting FIFA officials would fall under this law as certain payments were made via American banks, amongst others."

According to officials, U.S. legislation can target foreigners if they are in violation of certain laws if a proven link with the country can be established -- this can include wire transfers, emails and phone calls which took place in the United States.

These kinds of cases also take time and a great deal of cooperation given the international scope and the complexity of the charges.

According to Baddeley, the investigations carried out by the U.S. justice system were instigated a few years back, after which a mutual legal assistance request was sent by U.S. authorities to Switzerland.

"Once this was accepted by a Swiss judge, this lead to the arrests conducted by Swiss police," Baddeley explained, adding that "the Swiss justice system, under certain conditions, could subsequently agree to extradite those arrested."

For this to happen, it must be proven that the corruption charges brought against those incriminated are also punishable under Swiss law, "a point U.S. and Swiss authorities are probably trying to verify at the moment," said Baddeley.

Though there has been cooperation between both countries, Baddeley said Swiss corruption laws are not as stringent as in the United States.

"Swiss law prohibits both civil servants (this is not the case of FIFA officials) and private corruption under two conditions: if the corruption is linked to unfair competition and if a complaint is lodged."

The law professor added that these two conditions are difficult to establish in corruption cases relating to sport as this sector's market is often monopolistic by nature, and individuals or entities who could lodge a complaint are often intrinsically linked to fraudulent activities themselves.

She added investigations can be rendered more complicated as fraudulent payments such as bribes often circulate via different financial intermediaries and international front companies.

According to Switzerland's Federal Office of Justice (FOJ), six out of the seven arrested late last month have contested their extradition to the United States, giving U.S. authorities 40 days to submit a formal extradition request. Endit