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TAS 2020 A 6709 Ariel Alberto Alvarado Carrasco c. FIFA (CAS)

Why it matters

This CAS award confirms FIFA's jurisdiction to sanction former officials for bribery even after they have left office, and clarifies that a removal by a confederation's congress is an administrative decision, not a disciplinary sanction, so it does not trigger ne bis in idem. It also illustrates the use of US criminal proceedings evidence in FIFA ethics cases.

Summary

Ariel Alberto Alvarado Carrasco, a former high-ranking Panamanian football official and FIFA committee member, was accused of accepting bribes totaling USD 230,000 in two schemes: one involving Traffic USA for World Cup qualifying rights (USD 130,000) and another involving Full Play for CONCACAF marketing rights (USD 100,000). The FIFA Ethics Committee investigated and, on 16 December 2019, imposed a lifetime ban from all football-related activities and a CHF 500,000 fine for violating Article 27 (bribery and corruption) of the FIFA Code of Ethics (2012). Alvarado appealed to the CAS, arguing that FIFA lacked jurisdiction because he was no longer an official, and that the proceedings violated ne bis in idem since CONCACAF had already removed him from his position in 2016. The CAS panel rejected both arguments. It held that FIFA's jurisdiction extends to former officials for conduct during their tenure. On ne bis in idem, the panel distinguished CONCACAF's removal as an administrative/corporate decision under its statutes, not a disciplinary sanction, so the principle did not apply. The panel found the evidence, including testimony from US criminal proceedings, sufficient to meet the 'comfortable satisfaction' standard under FIFA ethics rules. The appeal was dismissed, and the lifetime ban and fine were upheld.

The detail

Parties: TAS 2020 A 6709 Ariel Alberto Alvarado Carrasco c. FIFA

Outcome: Appeal dismissed; lifetime ban and CHF 500,000 fine upheld.

Quantum: CHF 500,000

Applicable law: FIFA Code of Ethics (2012 and 2009), FIFA Disciplinary Code, CAS Code of Sports-related Arbitration

Issues in play: The case involved the principle of ne bis in idem (double jeopardy) and the standard of proof under FIFA ethics rules (comfortable satisfaction).

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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