UEFA is preparing a criminal complaint against FIFA president Gianni Infantino in the Swiss courts for alleged financial mismanagement over his failed $20 billion plan to sell a stake in the World Cup, sources told ESPN.
Infantino is facing accusations of "fraudulently" offering the stake in FIFA Forward Enterprise (FFE) without due process and consultation with the FIFA hierarchy.
UEFA, European soccer's governing body, said Thursday it had filed documents in a Manhattan court requesting discovery of potential evidence from the New York investment fund Thrive Capital Management, founded by Joshua Kushner.
Thrive and Kushner were to be the anchor investors intending to pay FIFA $4.2 billion for a 20% stake in a subsidiary that would run the soccer body's commercial events, including the World Cup.
ESPN has seen the 60-page document outlining UEFA's position and requests for information, which was handed to FIFA at its North America headquarters at Coral Gables, Florida, and to Thrive and JP Morgan in New York.
Financier Greg Maffei, CEO of BANN Ventures, has also been handed the document at his base in Denver.
All of the above have been ordered to provide all documentation and communication relating to the controversial FFE sell-off plan. UEFA is now considering criminal proceedings in Switzerland -- FIFA's main headquarters is in Nyon, Switzerland -- following a review of available evidence.
"UEFA and its counsel are contemplating a Swiss criminal proceeding against Infantino and possibly other FIFA officials for criminal mismanagement under Article 158 of the Swiss Criminal Code," UEFA's lawyers state in the 60-page document.
The document suggests the $4.2 billion figure could be a "fraudulently off-market price promoted by Infantino for his own benefit."
Infantino dropped the sell-off plan on Aug. 1 after a furious backlash by global soccer leaders, including UEFA, AFC (Asian Football Confederation) and Concacaf.
UEFA also provisionally backed down from its threat to boycott all FIFA tournaments earlier this week after receiving assurances that there will be no future attempt to sell a stake in the not-for-profit global body.
"UEFA has therefore agreed to suspend, on a provisional basis, the withdrawal by European teams from FIFA competitions in the coming season, including the Women's U20 World Cup, U17 World Cup and the Women's U17 World Cup," UEFA said in a statement on Thursday. "This position will remain under constant review and may be reconsidered immediately if circumstances so require."
UEFA first threatened to take legal action on Aug. 3 when it warned FIFA against destroying or hiding any "relevant materials" related to the plan.
Thursday's legal move was revealed to its member federations in Monaco just two hours before the Champions League draw began.
"Infantino claimed that the plan would 'unleash the commercial potential and opportunity that FIFA has,'" UEFA lawyers told the courts. "In truth, it was a vehicle for Infantino and that small circle to acquire a permanent stake in and otherwise profit from FIFA's most valuable assets to the detriment of FIFA, its members, and other parties within the football family.
"Under the terms Infantino announced, those investors stood to acquire a permanent financial interest in FIFA's commercial arm for $4.2 billion, implying an absurdly low enterprise value of only approximately $20 billion, a figure that was neither the product of an open, competitive auction, nor tested by any independent valuer."
Thrive declined to comment. FIFA was approached for comment.
It was unclear whether UEFA would send a potential criminal complaint to the Swiss federal prosecution office in Bern or to local prosecutors in FIFA's home city Zurich.
The Swiss attorney general's office has a poor record in recent years prosecuting cases of alleged corruption linked to FIFA and soccer officials.
Former FIFA president Sepp Blatter, former UEFA president Michel Platini and the influential Qatari president of Champions League titleholder Paris Saint-Germain, Nasser al-Khelaïfi, all were acquitted twice at trials in Switzerland.
Information from The Associated Press was used in this report.