FIFA Convictions Are Imperiled by Questions of U.S. Overreach – The New York Times

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Two Supreme Court decisions and a lower court’s ruling have cast doubt on the legal basis for a host of prosecutions. Several defendants want their records cleared and their money back.
By Rebecca R. Ruiz and Tariq Panja
Nearly a decade after police officers marched world soccer officials out of a luxury hotel in Zurich at dawn, revealing a corruption scandal that shook the world’s most popular sport, the case is at risk of falling apart.
The dramatic turnabout comes over questions of whether American prosecutors overreached by applying U.S. law to a group of people, many of them foreign nationals, who defrauded foreign organizations as they carried out bribery schemes across the world.
The U.S. Supreme Court last year limited a law that was key to the case. Then in September, a federal judge, citing that, threw out the convictions of two defendants linked to soccer corruption. Now, several former soccer officials, including some who paid millions of dollars in penalties and served time in prison, are arguing that the bribery schemes for which they were convicted are no longer considered a crime in the United States.
Emboldened by the vacated convictions, they are asking that their records be wiped clean and their money returned.
Their hopes are linked to the September cases, in which the two defendants benefited from two recent Supreme Court rulings that had rejected federal prosecutors’ application of the law at play in the soccer cases and offered rare guidance on what is known as honest services fraud. The defendants in the soccer trial had been found to have engaged in bribery that deprived organizations outside the U.S. of their employees’ honest services, which constituted fraud at the time. But the judge ruled that the court’s new guidance meant that those actions were no longer prohibited under American law.
That blow to the case, which federal prosecutors in Brooklyn are contesting, could turn the story of world soccer’s deep-seated corruption — detailed in a 236-page indictment, and proved through 31 guilty pleas and four trial convictions — into one equally about the long arm of American justice reaching too far.
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