Bartomeu 'omitted duties of diligence' in management of Barça’s finances, prosecutors accuse

The Barcelona Prosecutor’s Office has filed a legal complaint against former FC Barcelona president Josep Maria Bartomeu, alleging he “omitted duties of diligence and loyalty in the management of resources” that were not his. 

Bartomeu stands accused of continuous disloyal administration, focusing primarily on the period between 2015 and 2019. 

The former Barça president, along with other members of his board at the time, is accused of various separate schemes involving the signing of Malcom from Bordeaux in 2018, unjustified payments to law firms related to the previous ‘Neymar’ tax case, and suspicious payments totalling nearly €1.5 million to a local sports club related to the Espai Barça urban planning project. 

The original complaint that initiated the investigation was filed by the current board of Barça, lead by president Joan Laporta after he conducted a thorough review of the financial accounts of the club they had inherited. The initial legal complaint was filed on January 26, 2022, and included a total of 108 supporting documents.

The prosecutor’s document names eleven individuals authorities believe could be related to the alleged crimes.

Related to the signing of Malcom, the complaint accuses Barça, represented by Bartomeu and others, of signing an intermediation contract with the firm Business Fútbol España for €8,442,500 plus VAT to sign the player. Subsequently, the club allegedly made additional payments to other intermediaries, such as €855,600 to Elenko Sporta Ltda, with whom the club had no direct contract. These actions were allegedly taken without the proper approval from the club's board of directors, a step that was required for such amounts.

In the ‘Neymar I’ tax fraud case (2016-2017), FC Barcelona was convicted as a legal entity. The club allegedly paid the law firm G. F. a total of €1,719,111.94 (plus VAT) in fees for negotiating a settlement with prosecutors. Those payments were allegedly approved by Bartomeu and other executives without the knowledge or approval of the board of directors. The head of the law firm, Jose Ángel Gonzalez Franco, was also the personal lawyer for Bartomeu, creating a conflict of interest. 

Lastly, the legal complaint points towards FC Barcelona’s payment of nearly €1.5 million to the neighboring sports club in Les Corts, Club Esportiu Laietà. These payments were supposedly to compensate for future disturbances from the Espai Barça construction. However, the complaint states that Laietà's properties were not affected by the development project, and that the club never filed any official objections during the public consultation period. The payment is described as an "unjustified favour" for "unjustified damages."

As well as Bartomeu, Barça’s former CEO, Òscar Grau Gomar, and the club’s former Head of Legal Services, Román Gómez Ponti, are accused of continuous disloyal administration. 

Will to explain himself

In a written statement share through its lawyers, Josep Maria Bartomeu said that he has been willing to explain "his work as president of FC Barcelona," the text reads.

"He understands that during the management, there could be victories and there could be mistakes, but it is really singular, and probably without precedents, that Mr Bartomeu faces four judicial cases out of his tender, and in none of those, he has been properly accused and there is no clear proof that he obtained any personal earning," the statement reads.

He said that he has been aware of the several cases through media outlets and that is why he wanted to "explain his situation based on the severe personal damage he is suffering."

The text, signed in Barcelona on Tuesday, explains that the former president has "showed his will to testify" in several cases, such as the 'Barçagate.' Back in March 2021, he was detained and later released.