11 - Neymar Jr. - v4

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Flavia

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SeloBarca said:
Send Rosell and Bartomeu into jail for all i care, they dragged the Barca brand in the dirt.
But the constant going after Barcelona players from Madrid courts is getting rediculous, more so when RM players and coaches, tennisplayers and princesses do the same thing but it gets swept under the rugg.
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rosell and barto are trying to make a deal to get their names out, but keep the club's in:

Deal being negotiated with the prosecution in the Neymar Case

A possible deal could possibly clear Sandro Rosell and Josep Maria Bartomeu of all charges.

According to information from Cadena Ser, the accused parties and the prosecution are exploring a possible deal in the Neymar Case. This deal would consist in maintaining FC Barcelona, as a legal entity, indicted and clearing Sandro Rosell and Josep Maria Bartomeu of all charges.

Needless to say if the deal is made Barça would have to pay, as a minimum, the €13.9 million that the Tax Office is claiming were defrauded in the Neymar transfer.
The possibility that this deal is being negotiated would explain the delay in the presentation of the official accusations from the prosecution. The truth is that Judge Vilá Mayo hasn’t asked for these yet and judicial sources say that “when they’re doing something” they are allowed some extra time.

The Judge of the 22nd Investigative Court should have asked for these documents at the start of April, after they took hold of the case when the National Court ruled that it should be moved to Barcelona.
The previous accusations presented by the prosecution to the National Court can be read here. When it was decided that the case would be moved to Barcelona that meant that the local prosecutor in charge of the case would have to formulate those accusations again, this time in front of the court assigned to it there.

Barça has always maintained that the whole issue is just a case of fiscal discrepancy, more than a penal issue and they have “made a complementary tax declaration of a total of €13,550,830,56 Euros to cover any potential interpretation made concerning the contracts signed in the transfer process for Neymar, although we remain convinced that the original tax payment was in line with our fiscal obligations.”
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https://grup14.com/story/neymar-case-deal-negotiated-with-prosecution
 
Topolino

Topolino

Gemusesuppe
Board members can be held accountible in certain situations but it's quite tricky. It's easier against the club. Atleast that's how it's here.
 
Topolino

Topolino

Gemusesuppe
It really comes down to the courts precedents.

A member of the management board shall perform his or her duties with due diligence. Is here. The authorities would have to prove it which is quite hard with the legal power of FCB.

Members of the management board who cause damage to the private limited company by violation of their obligations shall be solidarily liable for compensation for the damage caused. A member of the management board is released from liability if he or she proves that he or she has performed his or her obligations with due diligence.

I'm just copying a few parts of my countries commercial code. It's under an EU directive so I guess it's somewhat similar to Spain but ofcourse it doesn't have to be.

It's not only about the end result. This whole provind process needs to be analyzed from the very beginning until the "damage". Quite hard to prove, haven't heard about many succesful cases here.

Ofc that's the first "paragraph" that popped into my head. There could be something in criminal code but it's not really my specialty. Yet.
 
Barcaman

Barcaman

Administrator
Staff member
I hope he doesn't return with some disease like last summer. Other than that he can party as much as he likes as long as he's fit and rested for Barca when new season starts.
 
DonAK

DonAK

President of FC Barcelona
TornAndFrayed said:
How could that even possibly happen ? No chance imo. Not a lawyer but this seems super weird.
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Not really.

They'll probably settle for an amount and get themselves and getting their name tainted out of equation. You got to understand that Rosell and Bartomeu are businessmen, having such a case lingering over their head does them no good.

Although of course, doing that should mean they're willing to let the club's name go to the dogs, which in any functional organization would see them getting kicked out, but hey, a few shiny trophies and all those socis will probably vote them in again.

Doesn't help that the alternatives have poor plans and the media is largely in their favor with Rosell having great connections with Grupo Godo(MD, La Vanguardia, RAC1 etc.)

I doubt they really give a damn about Rosell or Bartomeu in Spain, FC Barcelona is the big fish here and as long as the club's still there, they'll probably work out a deal. Shouldn't really be possible with their signatures all over it, but I guess they'll somehow switch all of it on the club as acting representatives, with no legal bearings....

Clubs owned by their members are not private limited companies.
 
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Topolino

Topolino

Gemusesuppe
Imo it's not about settling. It's about the DA or whoever runs the show that doesn't have time to prove them being quilty of smth. While for them it's quite easy to prove otherwise due to the wide meaning of "due diligence".

It'll just mean the state or whoever gets their money only from Barca not Barca + Barto + Rosell. If Barto and Rosell were proven quilty I'd imagine they'd get some jailtime but it's not really the objective for the court.
 
F

Flavia

Guest
Bojan said:
I hope he doesn't return with some disease like last summer. Other than that he can party as much as he likes as long as he's fit and rested for Barca when new season starts.
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He's playing the Olympics, so he could get Zika in Rio.
 
DonAK

DonAK

President of FC Barcelona
A case like this could go on for years in Spain.

Could also be Bartomeu and Rosell negotiating a deal where the club would declare itself guilty, but with their names are scrapped off the list.

Now that'd be something wouldn't it :lol: :lol:
 
Topolino

Topolino

Gemusesuppe
Yeah. They'll both give the DA and the judge a case of Estrella Damm and their names get lost from the next report :lol:

Oh god there's still some fun in the law world. Last few days have killed the fun of it. Thanks for bringing it back :lol:
 
DonAK

DonAK

President of FC Barcelona
A part of me kind of want that to happen. Just to see the reactions here, on twitter and how all those Catalan journalists and media react.

Intriguing. Very.
 
TornAndFrayed

TornAndFrayed

Banned
DonAK said:
Not really.

They'll probably settle for an amount and get themselves and getting their name tainted out of equation. You got to understand that Rosell and Bartomeu are businessmen, having such a case lingering over their head does them no good.

Although of course, doing that should mean they're willing to let the club's name go to the dogs, which in any functional organization would see them getting kicked out, but hey, a few shiny trophies and all those socis will probably vote them in again.

Doesn't help that the alternatives have poor plans and the media is largely in their favor with Rosell having great connections with Grupo Godo(MD, La Vanguardia, RAC1 etc.)

I doubt they really give a damn about Rosell or Bartomeu in Spain, FC Barcelona is the big fish here and as long as the club's still there, they'll probably work out a deal. Shouldn't really be possible with their signatures all over it, but I guess they'll somehow switch all of it on the club as acting representatives, with no legal bearings....

Clubs owned by their members are not private limited companies.
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One can hope the board will be pressured into early elections again if they do cut a deal... if the socios even care :lol:
 
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