James Rodríguez: his stepfather Juan Carlos Restrepo, wins guardianship of Mindeporte – Investigative Unit

Due to a muscle injury, Colombian midfielder James Rodríguez has not been able to play the last three dates with Everton of England. And his stepfather, Juan Carlos Restrepo Castaño, He has already completed 5 years doing all kinds of judicial dribbles so that they let his team, Real Sincelejo, finally enter the B.

Restrepo, who spent 16 years with James and discovered part of his talents, assures that, in November 2015, he negotiated that squad for 6,000 million pesos, but that it has been impossible for the football leadership to qualify him to enter the tournament.

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“I gave a down payment and the idea was for the team to help pay for it. But I had to renegotiate the debt, I owe more than 2,500 million and I have not been able to put Real Sincelejo to play”, He told EL TIEMPO.

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Therefore, after meetings in the Dimayor, negotiations before the old Coldeportes and requirements of the Superintendency of Companies, Restrepo decided to change the field and take the case to justice, arguing that there are delaying and evasive maneuvers to block the way to his team.

In fact, 48 hours ago he won a guardianship that orders the Ministry of Sports to grant him sports recognition; to the Dimayor, act accordingly; and to the Colombian Football Federation, to recognize the Restrepo team (see note below).

“We will abide by the ruling immediately”Minister Ernesto Lucena told EL TIEMPO.

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But an assembly of the Dimayor must approve that entry. That’s why James’s stepfather is racing against the clock so that before his period ends the attorney general, Fernando Carrillo, a disciplinary investigation on the matter is resolved in substance.

Challenge and Hair

In May 2019, Carrillo ordered to open a statement of charges against the then heads of Coldeportes, Andrés Botero, Claudia Guerrero and Clara Luz Roldán (today governor of Valle), for not returning the sporting recognition to the Restrepo squad.

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“The new attorney, Margarita Cabello, has had ties with Dimayor, with Ramón Jesurún and even with Conmebol,” says Restrepo.

And although the case was ready for ruling, Claudia Guerrero challenged the deputy attorney Adriana Herrera and when she denied the appeal, she placed guardianship on her. This will take the process to an extra time, which will be played under the mandate of Cabello, who already ruled a guardianship on the subject, when she was a magistrate.

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EL TIEMPO investigated what is behind this case – in which James has no participation whatsoever – and established that it ranges from a fraud ruling against one of the Real Sincelejo shareholders to a lawsuit before the State Council, which involves Dimayor, the Federation and the Ministry of Sports.

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Paternina’s dribble

Restrepo even dares to say that, through a former senator, a powerful former paramilitary would have been interested in staying with that club.

The genesis of the eleventh, officially known as Club de Fútbol Profesional Real Sincelejo SA, dates from 2013, the year in which it also obtained sports recognition.

Édgar Paternina (one of his partners) sold it for 300 million pesos to Pereira investors, who tried to occupy that position.

And although they changed the name, to Club Deportivo Pereira SA, they had to rename it and take it to Cali, when the traditional Pereira team normalized their situation and regained their quota.

Under the name of Club Deportivo Depor FC, and after another private transaction, they began to play in B, from 2006 to 2015.

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But, in the middle of that year, Paternina was convicted by the Sincelejo Superior Court of fraud, having surreptitiously drawn up an act to sell the equipment.

Failure, no effect?

And that’s where James’ stepfather comes in. While his stepson went to Bayern Munich, Restrepo went to Coldeportes and Dimayor, with the ruling, so that they immediately enabled Real Sincelejo and began to play. But they did not.

“Dimayor and Coldeportes allowed Depor FC to continue playing after the failure was notified, with the NIT of Real Sincelejo“, Explain.

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And he adds that, in the meantime, his sports recognition was suspended, arguing that he had to put the team in accounting order, which led to the intervention of the Supersociedades that he complied with and fulfilled before the stipulated deadline.

“There they even checked my assets and established that everything is in order,” says Restrepo, a systems engineer by profession.

(On the subject: Due to scandal, minjusticia resigns from the Fedef Fútbol committee)

Now James’ stepfather – who insists that he has a strong relationship with the wheel – is waiting for the Council of State to annul the resolutions in which they suspended his sports recognition and another in which they extended the sanction. Also, have your rights restored.

‘VAR’ in the Prosecutor’s Office

While the contentious process progresses, he decided, with his team of lawyers, to ask the Prosecutor’s Office to review all the plays that have been registered within the process and decide if Restrepo’s counterpart – Coldeportes, Dimayor and the Federation included – incurred in fraud to judicial resolution.

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In fact, although the Federation has been clear that it has no jurisdiction over the case, Restrepo insists that “He was aware of the actions that went against the judicially recognized rights, but he aligned actions to favor a third party”, who was given a place in B.

For now, it is clear that James will return to the courts faster than Real Sincelejo to the second division.

But the guardianship ruling will force the Dimayor teams to make a substantive decision about the squad of the stepfather of the brilliant Colombian team midfielder.

Ruling orders sports recognition

On Friday, the Minister of Sports, Ernesto Lucena, was notified of a guardianship ruling issued on December 2 by the Disciplinary Chamber of the Judiciary that revokes another of the Disciplinary Chamber of Sucre.

And it is decided to temporarily protect the rights to due process, human dignity and best interests of the minor, alleged by Juan Carlos Restrepo.

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In practice, the resolutions of Coldeportes that removed the sports recognition of his team are temporarily left without effect, and he orders the Ministry to grant it within 48 hours. And the Dimayor must advance the affiliation as a member of the B and guarantee their entry into the tournaments. And the Football Federation must recognize as a member of the club.

(Check here all the articles of the Investigative Unit of EL TIEMPO)

EL TIEMPO searched for Dimayor, but at press time there was no answer.

INVESTIGATIVE UNIT
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