Disciplinary Board archives player recruitment processes and protects Benfica and Sporting from liability

The Portuguese Football Federation’s disciplinary board announced in a statement that it had archived cases related to games involving Benfica and Sporting, absolving the two clubs of liability for possible recruitment.

In the case of Benfica, these were games against Rio Ave (24 June 2016 and 7 May 2017), Maritimo (8 May 2016) and Boavista (20 May 2017). In relation to Sporting, “no evidence has been collected that would allow us to confirm that there is sufficient evidence that Sporting Club de Portugal SAD or someone under its command offered to pay the sum of 400,000 euros to the Maritimo SAD team, divided for all its members, in the event of a draw or victory over Sport Lisbon and Benfica SAD in the 2015/16 season.”

Regarding the connection of Cesar Boaventura, recently sentenced to three years and four months in prison, with Benfica, the CR considered: “Disciplinary liability should be considered excluded: a) from the clubs, since in relation to the factual part there is not sufficient evidence that the actions of the intermediaries occurred under instructions of the club, as the prosecutor’s office in a criminal case also understands, despite the fact that in this criminal case there are available ways to obtain evidence that do not exist in the disciplinary sphere. “.

In addition, according to the statement, there is “no evidence” that players “sought or accepted any advantage with the intent to distort the truth of the sport,” while intermediaries “in light of the disciplinary rules in force at the time of the facts, do not imply quality sports agents.”

The same document states that the same commission proposes to continue the “inquiry process” into the 2017/18 games.

RELEASE

Investigation Process No. 37 – 2017/2018 – Appendix A

The case was opened on 06/01/2018 and on the same day was sent to the League Instruction Committee, the subject of which is the alleged facts of player recruitment, which were reported in the media.

The Commission of League Instructors, having considered only part of the investigation of the case completed, sent to the Disciplinary Council on January 25, 2024 a proposal to include the case in the archive on the facts that took place on the facts:

The game was played on 04/24/2016 between Rio Ave Futebol Clube – Futebol, SDUQ, Lda. and Sport Lisboa e Benfica – Futebol, SAD, counting the 31st round of Liga NOS, sports season 2015/2016;

Game played on 05/08/2016 between Marítimo da Madeira – Football, South Africa and Sport Lisbon and Benfica – Football, South Africa, counting the 33rd round of the Liga NOS of the 2015/2016 sports season;

The game took place on 05/07/2017 between Rio Ave Futebol Clube – Futebol, SDUQ, Lda. and Sport Lisboa e Benfica – Futebol, SAD, counting the 32nd round of Liga NOS of the 2016/2017 sports season. ; This
The game took place on 05/20/2017 between Boavista Football Club – Football, South Africa and Sport Lisbon and Benfica – Football, South Africa, counting the 34th round of the Liga NOS sports season 2016/2017.

The investigation process must continue, continuing the investigation into other facts that allegedly occurred during the remaining games included in the materials of the Investigative Process No. 37.-2017/2018.

On 02/01/2024, the Committee of Instructors, by order, considered that “it seems appropriate to proceed with the allocation of Investigation No. 37-17/18, which, in accordance with the provisions of paragraph d) of Article 210 of the RDLPFP, is proposed to the Disciplinary Council of the Portuguese Football Federation”, a proposal that was accepted on 02/02/2024 by the Disciplinary Board, the factual circumstances being set out in Appendix A to Investigation Process No. 37 17/18 relating to these four games in respect of which the Instructors Committee submitted (and repeated on 02/09/2024, with reference to Appendix A to Investigation Process No. 37 17/ 18) proposal for archiving.

In its final report, the Instructors’ Committee understood that “there is no evidence of any disciplinary practice at this time and at this stage, and it is therefore proposed that the records be archived” regarding events that occurred during the four previously identified games.

On 02/16/2024, a decision was made to archive the protocols under the conditions proposed by the League Instructors Committee, on the facts that occurred during these four games and contained in Appendix A to the Protocol of Investigation No. 37 – 2017/2018. :

Taking into account, first of all, that:

1. Disciplinary liability should be considered excluded: a) on the part of the clubs, since in the factual aspect there is no sufficient evidence that the actions of the intermediaries occurred at the direction of the club, as is also understood by the prosecutor’s office in a criminal case. case, despite the fact that in this criminal case there are available methods of obtaining evidence that do not exist on a disciplinary scale; and as to the other facts relating to the alleged improper inducement of third-party players during the second game mentioned above, there is insufficient evidence that the club or anyone under its command offered to pay players amounts to obtain a win or draw result; b) players, since there is no evidence that they asked for or accepted any advantage to distort the truth of the sport; c) intermediaries, since in the light of the disciplinary rules in force at that time, they did not assume the status of sports agents, as was considered by the Committee of Instructors and as was understood in this matter by the Arbitration for Sport. Court and Central Court of the Southern Administrative Court.

2. With regard to the liability of intermediaries or sports entrepreneurs, given the inapplicability to them of the Disciplinary Regulations of competitions organized by the Portuguese League, TAD Regulation No. 59/2021 and the subsequent ruling of the Central Court are inevitable. , released under Proc. No. 87/22.SBCLSB, which – after the decision of the Disciplinary Board to punish the intermediary with a suspension of 120 days and a fine – reversed this decision, since they realized that these Disciplinary Regulations do not apply to the role of the intermediary as a sports agent, and that, since in the definition of sports agent there is no explicit mention of intermediaries, the regime of procedures and disciplinary sanctions contained in such Regulations does not apply to them.

3. Regarding the clubs and the factual part concerning Sport Lisbon and Benfica SAD, evidence collected during the criminal investigation of case no. 438/22.2TELSB, which took place in the DCIAP, where, subject to the availability of resources, evidence was presented that was not available in During the disciplinary process, it was concluded that it was archived due to insufficient evidence that businessman Cesar Boaventura acted on the instructions and in the interests of Sport Lisboa e Benfica SAD, and it was not considered proven that he was a manager, representative, employee or other a sports agent associated with that sports society. In the absence of evidence of such a connection with the club, the necessary elements of disciplinary liability may be imposed on him under the terms of paragraph 4 of Article 64 of the RDLPF.

Regarding the possible illegal recruitment of third-party players during the game played on 05/08/2016 between Marítimo da Madeira – Football, SAD and Sport Lisbon and Benfica – Futebol, SAD, counting 33. In the 2nd round of the League NOS of the 2015/2016 sports season, no evidence has been collected to show that there is sufficient evidence that the Sporting Club de Portugal SAD or any of its management offered the payment of the sum of 400,000.00 euros to the Marítimo SAD team, divided among all its members , in case of a draw or victory over Sport Lisbon and Benfica SAD.