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in assessing these considerations, the us attorney is charged with not only weighing the interests of the government as a whole, but also of the public and the defendant, as well as coordinating the efforts of the enforcement and counter-intelligence agencies. the recent indictments of russian fifa officials further complicate this task. obviously, the lead prosecutors in this case can no longer pursue the matter in the eastern district of new york as the us attorneys office is relatively small, and they are already knee deep in this investigation.


they are also precluded from providing representation to other persons potentially implicated in the fifa case in the southern district of new york, where the indictment was unsealed, as it could involve obstruction of justice, witness tampering, and other potential crimes.


in addition, while the us attorney is responsible for investigating a wide array of criminal conduct, he or she has particular expertise in sports corruption. prosecutors with expertise in this area are usually not assigned to other areas of the justice department. accordingly, even if an indictment against a member of fifas leadership resulted in a successful prosecution, it is unlikely that the individual defendants would face incarceration unless they also engaged in related financial and fraudulent activities.


this is especially the case in light of a recent decision by the us court of appeals for the second circuit, which states that fifa is a discrete entity that is immune from suit except to the extent that the organiza


f fifa accepts certain direct and indirect liability for its unlawful acts. the office of the us attorney, which has been in contact with the us department of justice and the new york city bar association, was initially optimistic that cooperation with fifa would result in resolutions and resolutions would likely result in the us attorneys office, or another law enforcement agency, intervening. this cooperation with fifa, however, has not yet led to any success. 84d34552a1