CAS 2019 A 6326
CAS · Football (FIFA / CAS) · Switzerland · 10 Nov 2020
Why it matters
This case underscores FIFA's strict enforcement of financial integrity rules, particularly regarding misappropriation of development funds and conflicts of interest by football officials. It demonstrates the application of the FIFA Code of Ethics to national association presidents and the importance of proper fund management. The award also clarifies procedural issues such as late visa applications and counsel withdrawal in CAS appeals.
Summary
Chabour Goc Alei, former President of the South Sudan Football Association (SSFA), appealed a FIFA Ethics Committee decision banning him for 10 years and fining him CHF 500,000 for breaches of the FIFA Code of Ethics. The breaches included offering benefits (Article 20) and misappropriating FIFA funds (Article 28). The case arose from a KPMG forensic audit revealing that SSFA misused FIFA Financial Assistance Programme (FAP) funds and GOAL project funds. Key findings: (1) FAP funds were not used per approved budgets; (2) USD 375,000 in bank transfers lacked supporting documents; (3) a flat exchange rate through Abyei Exchange (30% owned by Alei) caused a loss of USD 129,194 to SSFA; (4) payments totaling over USD 300,000 were made to I-Tech (owned by Alei) and United (connected to Alei) for goods and services; (5) Alei approved payments to his brother for a vehicle and computer services; (6) Alei received USD 12,000 as an alleged unrepaid loan; (7) the GOAL project architect was Alal Engineering (50% owned by Alei), which received USD 90,000. The CAS Panel applied the FIFA Code of Ethics (2018 edition) under the principle of tempus regit actum, finding that the 2018 Code's reverse lex mitior applied. The Panel dismissed Alei's appeal, upholding the ban and fine. Procedurally, the Panel rejected Alei's arguments on late filing and lack of impartiality of an arbitrator. The award confirms FIFA's zero-tolerance policy for financial misconduct by football officials.
The detail
Parties: Chabour Goc Alei v. FIFA
Case number: CAS 2019 A 6326
Outcome: Appeal dismissed; 10-year ban and CHF 500,000 fine upheld.
Quantum: CHF 500,000
Applicable law: FIFA Code of Ethics (2018 edition), FIFA Financial Assistance Programme regulations, GOAL regulations, Swiss law
Issues in play: Conflict between FIFA's ethical rules on gifts, misappropriation, and conflict of interest versus the appellant's defense that payments were legitimate loans or exchange transactions.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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