6 + 2 Point Deductions

[dublinbluenose]

From the Sanctions principles part of the findings

At one level, disregard of the potential PSR difficulties can be said to increase
Everton’s culpability. But the Commission considers that there is a danger
of double counting. We have already made clear that our approach is to start
by considering the extent by which the PSR threshold has been exceeded: the
greater the excess, the greater the culpability. We do not consider that the
reasons for the PSR breach should aggravate that culpability unless they can
be said to constitute exceptional conduct. For example, a deliberate cynical
breach of the PSR to achieve a sporting advantage might increase culpability
beyond that already arrived at by the extent of the breach. We do not think
that this is such a case.

 

[Lob]

Sorry mate, that's just bad reading.

It is meant to be mate. They write them that way deliberately to put people off from reading them. Helps corrupt organisations get away with whatever they want to.

 

[RD2910]

From the Sanctions principles part of the findings

They do not think Everton deliberately set out to breach the rules with the intention of gaining a sporting advantage.

They do, however, state that there was a sporting advantage gained in breaching the rules.

 

[ashwuk76]

I have literally copied and quoted the relevant sections of the report for you where it explains the high starting point and that Everton's breach was not considered deliberate to gain a sporting advantage. It is their in black and white.

NATURE OF SANCTION The Premier League submits that the only proper sanction is a sporting sanction in the form of a deduction of points. It argues that only a points deduction will meet the requirements of the principles that we have discussed above. The Premier League relies on the decision in Sheffield Wednesday FC v The Football League Ltd: a sporting advantage is to be inferred so that anything other than a points deduction would be simply inappropriate.

A sporting advantage WAS inferred which is why we got a points deduction. There I copy and pasted too.

 

[HalfTimeSayers]

I never said it was a deliberate breach, but any overspend a sporting advantage is inferred by the very fact we over spent!

So, an accidental sporting advantage? Agreed. Typical Everton.

They will have great fun trying to attribute other clubs losses to an accidental advantage caused by a non-deliberate mis-treatment of loan interest, no attempt to mislead, and further mitigated by X, Y, Z.

 

[ashwuk76]

So, an accidental sporting advantage? Agreed. Typical Everton.

They will have great fun trying to attribute other clubs losses to an accidental advantage caused by a non-deliberate mis-treatment of loan interest, no attempt to mislead, and further mitigated by X, Y, Z.

Yeah typical Everton we can't even overspend and gain an actual sporting advantage properly.

 

[ashwuk76]

But they didn’t say we had a sporting advantage?

Inferring something and actually stating it outright are different things.

I am afraid they did .

NATURE OF SANCTION The Premier League submits that the only proper sanction is a sporting sanction in the form of a deduction of points. It argues that only a points deduction will meet the requirements of the principles that we have discussed above. The Premier League relies on the decision in Sheffield Wednesday FC v The Football League Ltd: a sporting advantage is to be inferred so that anything other than a points deduction would be simply inappropriate.

 

[dublinbluenose]

They do not think Everton deliberately set out to breach the rules with the intention of gaining a sporting advantage.

They do, however, state that there was a sporting advantage gained in breaching the rules.

No thats a misunderstanding. Any breach of PSR is considered a sporting advantage but this is a technical point really. They've clearly stated the do not believe Everton gained a sporting advantage.

 

[Saint Domingo]

People calling other posters clueless should really learn the correct usage of infer vs imply

 

[Nymzee]

I love it when poop hits the fan and all the sporting lawyer financial experts hop onto GOT to educate the rest of us mere mortals.

 

[ashwuk76]

People calling other posters clueless should really learn the correct usage of infer vs imply

The report is pretty clear in the sanctions section that a sporting advantage is inferred which is why we got a points deduction and not a fine !

 

[Gilbert..]

Net spend has not been the major issue for us, it's been our wage bill. For a good few seasons we had the highest wages to turnover ratio and at one point is was 93%

We have lived beyond our means and for a while Moshiri was pumping money into the accounts to prolong this.

That money has now dried up and we are back to loaning money based on future TV payments.

We can boycott sponsors and call the premier league corrupt but at the end of the day we only have ourselves to blame.

When we goto the appeal we need to change tact and drop all the excuses and stop playing the victim card or we could end up getting it increased to 12 points.

Part of the reason we've been given the highest points deduction in their 30 year history is because they think they can walk all over us and treat us as their patsy. As far as i can see nobody is playing the victim. Almost everybody on this planet will try and be persusive with accounts. Its not like we're criminals. We've over spent by less than £20m to compete in their money obsessed league. It remains to be seen if they have the balls to take on certain clubs who will challenge them. Im in no doubt they will distance themselves from it because they're sh!t scared of any legal fight.
In the meantime here's Everton begging us for forgivness. Well here's your cooperating reward. A record points deduction. That we even weasled out of and said its independent. Independent my arse.
This clubs existed and functioned fine for over 100 years before the PL.
Fck em.

 

[Lob]

NATURE OF SANCTION The Premier League submits that the only proper sanction is a sporting sanction in the form of a deduction of points. It argues that only a points deduction will meet the requirements of the principles that we have discussed above. The Premier League relies on the decision in Sheffield Wednesday FC v The Football League Ltd: a sporting advantage is to be inferred so that anything other than a points deduction would be simply inappropriate.

A sporting advantage WAS inferred which is why we got a points deduction. There I copy and pasted too.

Again, that is just explaining the formula and criteria they used for transparency as a starting point which they will do in every single case no matter what it is. Doesn't change the fact that they very clearly state in section 104 that in Everton's case, no deliberate breach to gain a sporting advantage occurred.

 

[ToffeeTim]

NATURE OF SANCTION The Premier League submits that the only proper sanction is a sporting sanction in the form of a deduction of points. It argues that only a points deduction will meet the requirements of the principles that we have discussed above. The Premier League relies on the decision in Sheffield Wednesday FC v The Football League Ltd: a sporting advantage is to be inferred so that anything other than a points deduction would be simply inappropriate.

A sporting advantage WAS inferred which is why we got a points deduction. There I copy and pasted too.

Context absolutely needs to be considered when looking at mitigation. The point on an inferred sporting advantage is a technical point, but when a key part of the mitigation put forward relates to building a stadium, and how it was financed, then I do find it very difficult to accept there was a sporting advantage.

 

[RD2910]

No thats a misunderstanding. Any breach of PSR is considered a sporting advantage but this is a technical point really. They've clearly stated the do not believe Everton gained a sporting advantage.

Sorry again, but that just isn't true.