[El Confidencial] Judge in Negreira case charges FC Barcelona with bribery and leaves it on the verge of the dock
The instructor of the Negreira case, Judge Joaquín Aguirre, has just issued an order in which he maintains that FC Barcelona's payments to the former vice-president of the Technical Committee of Arbitrators (CTA) José María Enríquez Negreira would constitute an alleged bribery offense, a criminal offense that does not require proving the adulteration of specific matches and that contemplates more serious sentences than the offense of corruption between individuals that was attributed until now to the investigated parties. The club has been automatically charged under this new criminal offense.
The change of criterion will foreseeably speed up the proceedings. Bribery only requires proof that an official or public authority has requested money or some compensation to make an unfair decision within the scope of its powers. In the Negreira case, not only is there a request or promise of payment, but it has already been proven that Barça transferred to the accounts of the referee leader and those of his son, Javier Enriquez Romero, more than 7 million euros for services that could not be justified, as the club itself acknowledged to the Tax Agency.
The holder of the Court of Instruction number 1 of Barcelona recalls that, when those payments were made, between 2001 and 2018, Negreira was vice president of the CTA of the Royal Spanish Football Federation (RFEF), an "institution that has the character of a public-legal person" by exercising functions delegated by the State for the regulation of a sport. This status, the judge points out, equated the referee with an official or authority and obliged him to be "impartial and to treat all teams equally".
The order also states that "it is clear that the payments made to the Enríquez Negreira family were for him to carry out acts related to his position, either because of his influence with other members of the CTA in charge of appointing referees, or because he scored the referees, conditioning their promotion or relegation, or because of his general influence as vice-president and the ascendancy over other members of the CTA, which he must have had if he was kept in the position for 25 years". Unlike what happens with the crime of corruption between private individuals, even in the case that Negreira was not accredited to make a management so that the referees favored Barça, "the crime of bribery would have already been consummated when the payment was made," concludes the resolution. In that sense, the judge believes it is evident that the former vice president of the CTA knew the seriousness of the facts when he threatened Barça with an intimidating letter in June 2018, after the entity stopped paying him. "From the latter it is clear that Enríquez Negreira was aware that there had been illicit acts in favor of FC Barcelona of quite seriousness," he notes.
With the introduction of bribery, a hypothetical trial would now be held by jury procedure. In the case of penalties, there are also significant differences. The Penal Code punishes bribery with between 3 and 6 years in prison, while corruption between private individuals is punished with between 6 months and 4 years in prison.
The order clarifies that FC Barcelona has been immediately charged with bribery as a legal entity. This new situation may have effects in the sporting field. UEFA has decided for now not to sanction but its code of ethics explicitly pursues the payment of bribes to authorities with the aim of corrupting the competition. Likewise, some of the funds that have granted the club 1.5 billion euros to build the so-called Espai Barça introduced in the financing agreements a clause that allows them to withdraw from the project if the entity is investigated or formally prosecuted.
As for the other defendants, with this new order, Negreira faces a continuing crime of passive bribery and his son, a continuing crime of passive bribery as a necessary cooperator. For their part, former club presidents Josep María Bartomeu and Sandro Rosell and former directors Óscar Grau and Albert Soler face a continuous crime of active bribery. To these charges must be added, in addition, the crimes of money laundering, false documentation and disloyal administration, which remain in force since the opening of the case and further complicate the procedural horizon of all of them. The club has been automatically charged with this new criminal offense.
The instructor of the Negreira case, Judge Joaquín Aguirre, has just issued an order in which he maintains that FC Barcelona's payments to the former vice-president of the Technical Committee of Referees (CTA) José María Enríquez Negreira would constitute an alleged bribery crime, a criminal type that does not require proving the adulteration of specific matches and that contemplates more serious sentences than the crime of corruption between individuals that was attributed until now to those investigated.