6 + 2 Point Deductions

[maccavennie]

Any crumbs of positive news lads?

My Sunday dinner smells lovely

 

[LinekersLegs]

This is why.

Ukraine
123. Everton advances the Russian invasion of Ukraine as creating a mitigating
factor. Everton had the benefit of an option agreement that entitled USM
Services Limited to call down a Naming Rights Agreement generating an
annual fee for Everton of £10 million. The Naming Rights Agreement was
expected to come into force with effect from the 2025/2026 season. Everton
advanced in mitigation the assertion that it had been in negotiations with
USM Services Limited to bring the agreement into force early, producing an
accelerated annual receipt of £10 million commencing in FY 2022. No
agreement had been reached but negotiations were said to have reached an
advanced stage. The mitigation was claimed because the possibility of any
such agreement ceased upon imposition of sanctions on Russian entities by
the UK government following the Russian invasion of Ukraine. Everton felt
that it had no alternative but to withdraw from the negotiations.
124. The Commission agrees with the Premier League that this cannot stand as a
head of mitigation. 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. Second, the loss
of a proposed agreement, even when that agreement might have been thought
37
likely, is the type of event that businesses experience. It is not something that
can stand as diminishing Everton’s culpability.



We were trying to claim money from an agreement that didn't start until 2025/26.

No, we are saying that we were in advanced negotions for an earlier start to the payments and that should be a mitigating factor

“mitigation the assertion that it had been in negotiations with USM Services Limited to bring the agreement into force early, producing an accelerated annual receipt of £10 million commencing in FY 2022. No
agreement had been reached but negotiations were said to have reached an advanced stage.”

 

[BlueToff]

Even within that 'wrongness' they weren't to blame. The PL changed their own way of counting what goes into what category with FFP suddenly having infrastructure debt thrown into it. And as far as I'm aware Everton don't control geo-politics and start wars to bollocks themselves up,

Stop handing ammunition to our enemies.

There are mitigating factors that I think should be taken into account.

It's also worth noting that Everton were right up against it on P&S just before COVID and very much before the war. But those issues, combined with the stadium, tipped us over the edge.

I for one think that the IC were wrong to disregard the war argument. But, it clearly states in the report that Everton were unable to provide adequate evidence. The former CFO and CEO didn't turn up to provide testimony, so they didn't defend the club or themselves.

Everton have done wrong but have also been wronged. Both things can be true. In fact in life, it's a case that things aren't black and white.

 

[Amokachi1995]

Some fast and loose use of the word "we" in this thread.

 

[Moderatelywarmwater]

Any crumbs of positive news lads?

Yes. If we’d been hit with this last seaosn we’d have given down. Now? We’re only two points off safety.
People are rightly angry about it all, but I can’t help but think that the anger would be better focused on stopping 777. This sanction represents the past, the future is even scarier.

 

[BlueToff]

No, we are saying that we were in advance negotions for an earlier start to the payments and that should be a mitigating factor

“mitigation the assertion that it had been in negotiations with USM Services Limited to bring the agreement into force early, producing an accelerated annual receipt of £10 million commencing in FY 2022. No
agreement had been reached but negotiations were said to have reached an advanced stage.”

Yep. Unfortunately - according to the report - no such evidence was forthcoming so they didn't count it. So we claimed something but didn't back it up, essentially.

 

[ToffeeTim]

Any crumbs of positive news lads?

Will be a few months before the appeal is decided you would think. All we can do is keep highlighting the unfairness of the decision but in the meantime were going to have to focus on winning matches and getting ourselves up the table.

 

[BlueToff]

If Everton had been docked in 21-22... in that case wouldn't their claim be against the PL, the timing of the deduction has nothing to do with Everton.
If teams are going to engage in conjecture then maybe we went down got our act together came back up and would now have 12 wins in the PL.

Which will be why any case would be, in theory, easily defendable

 

[summerisle]

Any crumbs of positive news lads?

My roast lamb dinner turned out lovely.

 

[Ferguson1878]

Any crumbs of positive news lads?

crimbo in a few weeks

 

[kenada_blue]

No, we are saying that we were in advanced negotions for an earlier start to the payments and that should be a mitigating factor

“mitigation the assertion that it had been in negotiations with USM Services Limited to bring the agreement into force early, producing an accelerated annual receipt of £10 million commencing in FY 2022. No
agreement had been reached but negotiations were said to have reached an advanced stage.”

Then Putin went nuts.

 

[LinekersLegs]

Yep. Unfortunately - according to the report - no such evidence was forthcoming so they didn't count it. So we claimed something but didn't back it up, essentially.

Tbh it doesn’t sound unreasonable that we’d have got the money from US! absent the sanctions. But agree we should have provided better evidence - perhaps one area where DBB not testifying might have hurt us?

 

[Iana]

Absolutely, but at the time the complaint is based on (21-22) they weren't in the league.

You are correct but the way I read it is that the PL were pushing for a punishment in 22/23 seasonwhen Forest were and as they were in danger of relegation in March 23 that’s why I believe they got involved with the other 4 teams as an insurance policy.

 

[jonnyboy316]

Yes. If we’d been hit with this last seaosn we’d have given down. Now? We’re only two points off safety.
People are rightly angry about it all, but I can’t help but think that the anger would be better focused on stopping 777. This sanction represents the past, the future is even scarier.

You alternative to 777 looks to be administration. We are snookered

 

[Moderatelywarmwater]

You alternative to 777 looks to be administration. We are snookered

Yeah…. That’s also possible Isn’t it .
And whilst I think we will shrug off a 10 point deduction pretty well, I don’t see how we’d survive another 9 points. I just hope that if the price goes low enough other buyers will take a punt.
This is all on Moshiri, the man is a disgrace.