Neymar's legal team accuses DIS of wanting to profit from footballer's salary improperly
Defense lawyers say pre-contract agreements are common in football to avoid other clubs from signing players
In the final session of the Neymar trial taking place in Barcelona on Monday, the footballer's legal team accused Brazilian company DIS of wanting to improperly profit from the athlete's salary.
DIS held 40% of the rights of the Brazilian player, and they accuse Neymar and his former clubs Santos and FC Barcelona of fraud and corruption for the manner of his transfer from the Brazilian club to Catalonia in 2013.
Neymar's legal defense argued that DIS could only collect a percentage of the transfer fee paid between Barça and Santos, but no portion of the €40 million the Catalan club paid Neymar and his family as part of a pre-contract agreement for the player to join Barça.
In addition, the Paris Saint-Germain star's lawyers made the point that this payment was considered part of the salary as part of a judgment of the Barcelona Court itself.
The lawyer of former FC Barcelona president Sandro Rosell denied that there was violation of free competition in the signing of Neymar because "in 2011, any club could have reached this agreement" with the Brazilian.
"Barça and Sandro Rosell were more skillful in negotiating, but that does not deserve any penalty," the lawyer said. "The letter Santos sent to Neymar said that he could sign for any European club."
The lawyer of former Barça president Josep Maria Bartomeu reiterated that the case should have been settled in Brazil and in the civil field, not in the Spanish legal system and in a criminal court. The public prosecutor took the same view last week when they dropped all charges against the defendents.
Neymar's lawyer also argued that as the events happened in Brazil, they should have been judged there. The lawyer explained that it would have been financially better for all of Santos, DIS, and Neymar himself to accept Real Madrid's offer, which was higher than Barça's, but the player wanted to play for the Catalan club.
All defense attorneys have asked that DIS be ordered to pay defense costs for recklessness in the prosecution.
Neymar trial
The trial against Neymar, his parents, and former Barça presidents Rosell and Bartomeu began on October 17, around nine years after the Catalan club signed the player.
DIS, a company that owned a 40% share of the player's rights when he was playing with Santos FC in Brazil, claims Neymar's transfer to Barça cost at least €82m: well above the official €57m.
According to FC Barcelona, €17m was paid to Santos, of which DIS received €6.8m, while another €40m went to N&N, a company set up by Neymar's parents, who have also been charged with fraud.
Before the trial, the public prosecutor's office requested a 5-year sentence for Rosell, in addition to a €10m fine and a 3-year disqualification, and two years for both Neymar and his father, as well as one for his mother, and €10m fines each.