Neymar cleared of fraud but corruption charges remain
- Author: Regina Holmes May 06, 2017,
May 06, 2017, 2:18
Prosecutors are seeking a two-year prison sentence and a fine of almost $10 million for Neymar, although he is not likely to face any jail time if found guilty because in Spain sentences of two years or less for first offences are usually suspended.
Final appeals against the prosecution proceeding from the 25-year-old, his parents, Barca and Santos had been rejected in February, while Bartomeu's failed last week, prompting this court order.
Brazilian investment company DIS argue that they are owed 40 per cent of the additional fee, as they owned that percentage of the midfielder's image rights at the time of his transfer to Catalonia.
At the time, Barcelona claimed the transfer fee was €57.1m (£48.5m), of which €40m (£34m) was to be paid to Neymar's family.
Neymar has proven to be astute on the field, with the Brazilian a part of Barcelona's South American forward trident alongside Lionel Messi and Louis Suarez.
The other defendants will be the current and former Barcelona presidents Josep Maria Bartomeu and Sandro Rosell, FC Barcelona, Santos and NN Consultoria.
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DIS believe it was cheated out of a percentage of their share of the deal, due to collusion between Barcelona, Santos and Neymar.
The alleged "business corruption and fraud" offences relate to Neymar's transfer to Barcelona from Brazil-based side Santos in 2013. However, in Spain sentences of less than two years are often suspended for first-time offenders.
However, DIS also recommended that Neymar be banned from playing football during any judicial sentence.
Both clubs will also stand trial.
In July 2016 a judge ruled that irregularities in the transfer were detected but said it was an issue for a civil court, not a criminal court, to settle. DIS received only 6.8 million euros ($NZ10.8m).
They are also seeking fines of €10 million against the Neymar family.