Install the app
How to install the app on iOS

Follow along with the video below to see how to install our site as a web app on your home screen.

Note: This feature may not be available in some browsers.

 

6 + 2 Point Deductions

Just one thing, i dont know if i am thnking in a strange way, but thought the panel was supposedly independent and should be their own decsion. The way it was worded is like they took advice from prem league and agreed with them, we needed to be punished
The Premier League were the prosecution and asked for a 12 points deduction, similar to a prosecution lawyer asking for a certain length of sentence. It's then up to the judge to decide on the actual punishment.
 
People were asking about who made up the tribunal:
A circuit court judge who also specialises in tribunals and adjudication
A deputy high court judge and lawyer who specialises in sports law
A former director of various companies connected to West Ham
 

Thanks for clarifying that. I was under the impression that the Commission was in fact going by that structured standard, hence the 10 points. If they in fact rejected it but then arbitrarily came up with 10 points anyway, then we would have a better chance of getting that reduced on appeal as an unfairly harsh punishment.

Had they actually been publicly committing to that standard, it would be hard to see how we could get it reduced on appeal after having already admitted guilt. Which was my argument earlier in the thread.

But it does now open the door a little to the appeals strategy of "well, we are guilty, but the punishment doesn't remotely fit the crime."
I posted this in another thread, this was the bottom line of it “

“ Its mismanagement led to that threshold being exceeded by £19.5 million.
139. This was a serious breach that requires a significant penalty. The Commission considers that it should order an immediate deduction of 10 points.”“

When the Commission rejected the PL s formula they wrote :
“We therefore decline to adopt the structured formula proposed by the Premier League. We will determine the appropriate sanction according to all the circumstances of the case, including (as required by Rules W50&51) any mitigating factors.”
So I agree , it does leave the door open for an appeal that the punishment is harsh.
 

Unfortunately I read the whole thing because Im weirdly into that stuff. So to sum up what the commission found:

1. The league would not let Everton capitalize the stadium costs of over 50 million because the project was not deemed "probable" yet, while letting others do that as their were considered "probable". Until planning approval was confirmed, Everton were required to include the costs in their P&S.

2. The league suspended Sigurdsson, for whom charges were eventually dropped, not allowing Everton to either use him to compete, or sell him.

3. The UK Government banned USM from any sponsorship, obviously including Everton

4. The league then rejected all of Everton's exclusions for 20/21 such as 17.4 million going to the stadium financing, 5.8 million to youth development, 10 million for Sigurdsson, and 61 million for covid related player trading losses.

5. In the end the commission basically said Everton should have sued Sigurdsson, and because Moshiri provided interest free loans, rather than at the normal interest rate we are over the P&S.

6. "The Premier League has made it clear that it makes no allegation of dishonesty. We consider, therefore, that Everton did not consciously intend to circumvent the Rules" and "Everton may have taken unwise risks, but it did so in the mistaken belief that it would achieve PSR compliance: it is not a case of a deliberate breach." and about us losing a stadium sponsorship from USM, "First, the prospects of an agreement having been concluded are uncertain. We were not shown any contemporaneous documents to show that receipt of the monies was probable" which of course is one of the more ignorant things Ive seen someone say.

Making the punishment look way beyond what it should be, and not a good look for the league, especially the stadium financing issue.

That said it also appears that Moshiri and the board did:

1. Moshiri provided interest free loans to the stadium group PURELY for the sake of manipulating lenders, by making it look like a more attractive investment. So he kept one set of books for the league, and another for potential lenders. If he hadnt of done this, regardless of the leagues bad rules(in my opinion) on the matter they could have excluded the interest and wouldnt have been a breach.
2. They were told by the league in 2021 that they wouldn't except the exclusions, and the 2022 books would be reviewed to determine if they went over the threshold. They ignored this and carried on as if the league was wrong on the subject.
3. They said they were within P&S rules, and then amended their response to the commission to remove mitigations such as the financing etc, basically admitting fault and killing the effects of any appeal.
4. Kenwright handled the Keane sale, AKA, did nothing and this alone would probably have saved any breach.

Basically the league screwed the club with making us put the stadium costs in our P&S, we signed a special agreement that then handcuffed us for the future, then the accountant in Moshiri forgot how to do accounting and literally could have just avoided the issue by moving the numbers to the right boxes, or Kenwright could have sold Keane. In short we legitimately spent less than 105m on player costs and abided by the spirit of the rules, but we accounted for the stadium costs wrong in an attempt to manipulate lenders, and then tried to obfuscate.
 

Welcome to GrandOldTeam

Get involved. Registration is simple and free.

Back
Top