Govind Tekale
UEFA seeks US court records from Thrive Capital and JPMorgan for planned FIFA criminal complaint in Switzerland
On August 27, 2026, the Union of European Football Associations (UEFA) initiated legal discovery proceedings related to the FIFA transaction. The discovery proceedings were filed in the U.S. District Court for the Southern District of New York (Manhattan) and the U.S. District Court for the Southern District of Florida.
The specific legal mechanism is 28 U.S.C. § 1782—a federal statute that allows foreign parties to request U.S. courts to obtain evidence for use in foreign legal proceedings.
UEFA filed applications requesting judicial authorization to obtain documents and testimony from: 1. Thrive Capital Management (New York investment firm founded by Joshua Kushner) 2. JPMorgan Chase 3. FIFA entities (based on separate Florida filings) 4. Related financial entities
UEFA’s stated purpose is to gather evidence for a planned criminal complaint in Switzerland.
This is a critical distinction: No. UEFA is preparing or considering a criminal complaint. That is materially different from a filed criminal prosecution or established charges.
UEFA has initiated U.S. court proceedings to gather evidence. UEFA states it intends to file a criminal complaint in Switzerland. No criminal charges have been filed yet. No criminal prosecution has been initiated.
UEFA’s legal filings indicate the complaint would be brought under Article 158 of the Swiss Criminal Code, which addresses criminal mismanagement. This statute applies to executives who act in violation of their fiduciary duties or abuse their position of trust.
FIFA Forward Enterprise (FFE) was proposed as a new commercial structure to commercialize FIFA’s tournament rights. The proposal involved FIFA creating this subsidiary structure to separate commercial and event operations from governance functions.
FIFA‘s leadership proposed selling a 20% equity stake in FIFA Forward Enterprise to Thrive Capital Management for approximately $4.2 billion.
This proposal contemplated raising about $4.2 billion through a minority stake in an entity valued at about $20 billion.
UEFA and other continental football confederations raised governance concerns regarding the transaction:
The sale was not conducted through an open, competitive tender process. UEFA alleged that the valuation was not independently verified through competitive bidding. UEFA expressed concern that selling a stake to private investors would concentrate control of World Cup commercial rights outside football’s governance structures.
The opposition was framed as a governance issue by UEFA and other confederations.
On August 1, 2026, FIFA President Gianni Infantino officially withdrew the proposed investment plan. The withdrawal came after sustained opposition from UEFA, Concacaf, and the AFC.
So the proposed transaction is not going forward.
Through the discovery applications, UEFA is asking U.S. courts to obtain: Documents from Thrive Capital regarding the proposed deal, financial records and communications from JPMorgan Chase, records from related entities, relevant records from FIFA offices.
These documents would establish the extent of negotiations, valuation methodology, and decision-making process behind the proposal.
Here’s the procedural sequence:
1. U.S. Court Discovery (Current): UEFA obtains evidence from American entities and locations
2. Swiss Criminal Complaint (Planned): UEFA files a formal criminal complaint in Switzerland
3. Swiss Investigation & Prosecution: Swiss authorities would review the evidence and decide whether to investigate and potentially prosecute
UEFA says the U.S. evidence is intended for a contemplated Swiss proceeding. Whether a Swiss criminal complaint is filed, investigated, or prosecuted depends on subsequent legal steps.
As of August 27, 2026:
Infantino is not facing criminal charges. He has not been prosecuted. UEFA has initiated discovery proceedings to prepare for a potential complaint. His current status is that of a person potentially subject to a criminal complaint that has not yet been filed.
UEFA submitted discovery applications in U.S. federal courts to obtain corporate records from Thrive Capital, JPMorgan Chase, and related entities. UEFA stated this evidence is intended to support a planned criminal mismanagement complaint in Switzerland. The $4.2 billion transaction for a 20% stake in FIFA Forward Enterprise was abandoned on August 1, 2026, after opposition from continental confederations. Infantino is not currently facing criminal charges; UEFA is in the evidence-gathering stage for a potential future complaint.
