Prosecutors appeal rejection of charges against Neymar

The Federal Public Prosecutor's Office (MPF) in Santos, São Paulo, filed an appeal Friday (Feb. 12) against the Federal Court's decision to reject the indictment of football star Neymar Júnior, his father, Neymar Santos, and two executives of Barcelona football club—Alexandre Rosell Feliu and Josep Maria Bartomeu Floresta, on charges of forgery and tax evasion. According to the prosecutors, the judge failed to consider several counts of charges listed in the indictment and handed down a premature decision on the charges.

According to the MPF, the suspects forged a series of documents between 2006 and 2013, causing losses to the Treasury and third parties. Federal Judge Mateus Castelo Branco turned down the charges because of an existing administrative investigation on tax fraud, which the judge claimed should be completed before a criminal case on tax evasion can be filed.

The judge also found that the forgery was an “ancillary” violation to facilitate tax evasion, i.e. the means to perpetrate tax avoidance rather than a standalone crime.

But prosecutors maintain the forgery was a crime in itself, more than a means for tax evasion. “By forging several contracts, the suspects also aim to cheat on trading partners and circumvent rules governing football activities,” the MPF argued.

“The fake 10 million euro loan from FC Barcelona to N&N sports business consultancy in 2011 is one example. The deal, which later proved to be an advance of the fee for acquiring the player, was a trick to prevent Santos FC and DIS investment group, which hold part of Neymar's federative rights, from receiving what was due to them in the transaction,” the prosecutor said.

Also according to the prosecutors, the federal judge would only be able to tell if the forgery was perpetrated solely for the purpose of dodging tax authorities at the end of the process, after further consideration of the evidence.

Translated by Mayra Borges