Financial Fair Play investigation

[Ferguson1878]

August 31, 2006: West Ham stun the world of football with the Deadline Day signings of Carlos Tevez and Javier Mascherano. The contracts of the Argentine duo were previously held by agent Kia Joorabchian's company, MSI.



March 2, 2007: The Premier League charges West Ham for breaching Rule B13 and Rule U18 in relation to the signings of Tevez and Mascherano.

West Ham alleged PL rule breaches​

• Rule B13: "In all matters and transactions relating to the league, each club shall behave towards each other club and the league with the utmost good faith."
• Rule U18: "No club shall enter into a contract which enables any other party to that contract to acquire the ability materially to influence its policies or the performance of its teams in league matches or in any (other) competitions."

April 4, 2007: A three-man panel is appointed by the Premier League to investigate West Ham's signings of Tevez and Mascherano.

April 27, 2007: West Ham receive a £5.5m fine but are spared a points deduction after pleading guilty to breaking Premier League rules. The verdict also rules "the registration of Carlos Tevez could be terminated by the Premier League", but Tevez is later cleared to play in the Hammers' remaining fixtures of the 2006/07 season.

March 16, 2009: West Ham and Sheffield United reach an out-of-court settlement to end their dispute over the Tevez transfer.

Sheffield United, West Ham and the Carlos Tevez saga

Watch Sheffield United vs West Ham live on Friday Night Football from 7pm on Sky Sports Premier League; kick-off 8pm

www.skysports.com

how is this kia whatever his name is still allowed to operate in england , that was in 2008 and he’s still at it now and wherever he goes there seems to be problems

 

[Damo_1878]

how is this kia whatever his name is still allowed to operate in england , that was in 2008 and he’s still at it now and wherever he goes there seems to be problems

Kia isn't actually a licenced agent

He uses others that are

Proxies as it were

 

[SunKing]

They should have been referred before Everton were ever referred. TheNewcastl takeover has the potential to skew competition in the PL infinitley more than Everton spending a few million over the FFP limits.

Quite frankly if Everton are punished severely then we should throw everything we have at making sure other clubs are dragged in to the mire also. Whether its related to FFP or crimes against humanity lets kick off an unholy stink. We should be threatening that from the off. It's what makes me doubt less and less that we will get more than a public hand slap.

 

[kenada_blue]

Haha the state of that, found quilty of breaking the rules but still allowed to play Tevez who was instrumental in keeping them up at the expense of Sheffield United!

Said that and before....

Spurs were the other club that were given a 12 point deduction in 95 for paying players off the books. It was overturned on appeal cos Alan Sugar said "it had nothing to do with me"

We ain't gonna get a points deduction

 

[davek]

Quite frankly if Everton are punished severely then we should throw everything we have at making sure other clubs are dragged in to the mire also. Whether its related to FFP or crimes against humanity lets kick off an unholy stink. We should be threatening that from the off. It's what makes me doubt less and less that we will get more than a public hand slap.

I hope you're right mate.

I'm winding down from this issue now as it really isn't worth getting het up about. We have 10 cup finals that I'm more interested in, starting on Monday night.

 

[davek]

@Damo_1878

Financial Fair Play investigation

Couldn’t give a fat one. I prefer the blue team in Birmingham anyways. We had a sound ex Zulu Warrior poster on here once. Proper good guy and proper team mush. I like Birmingham as well, I don't feel the need to pick a side in any derby but ours. And the north east thing to a degree because...

www.grandoldteam.com

 

[Damo_1878]

What is? Are you saying there's scope beyond an appeal back to the commission if penalised? Legal avenues to pursue?

Read the Premier League rulebook

There is literally an 'appeals' section

 

[davek]

Read the Premier League rulebook

There is literally an 'appeals' section

Can we do anything other than appeal back to the commission to take another look at it?

Genuine question.

 

[Damo_1878]

Can we do anything other than appeal back to the commission to take another look at it?

Genuine question.

No. Everton essentially signed a private contract/agreement with the Premier League submitting jurisdiction to the rulebook specified appeals process. Thus you can't appeal to CAS if you signed a contract that excluded CAS jurisdiction from the contract/agreement

 

[Robbo05]

We won't get a points deduction.

Our hearing and decision will be done before City's. IF they slap us with a points deduction...Man City's punishment will be far worse.

The league isn't going to allow that to happen to their brand.

Don’t be surprised if the ‘initial’ punishment is OTT. They know we’ll likely appeal whatever we get so they’ll make an allowance for that.

 

[brieverton]

Quite frankly if Everton are punished severely then we should throw everything we have at making sure other clubs are dragged in to the mire also. Whether its related to FFP or crimes against humanity lets kick off an unholy stink. We should be threatening that from the off. It's what makes me doubt less and less that we will get more than a public hand slap.

I agree completely with the sentiment, but in effect it would be one member, that wants to maintain its standing in the organisation, threatening the other members. The conditions for that being feasible would probably be if our very survival was on the line, and not relegation, sadly.

 

[davek]

No. Everton essentially signed a private contract/agreement with the Premier League submitting jurisdiction to the rulebook specified appeals process. Thus you can't appeal to CAS if you signed a contract that excluded CAS jurisdiction from the contract/agreement

You see originally you stated this...

True

We just can't appeal to CAS. There is a defined appeals process

What I was asking of you was whether the club take its case down a legal route to the court of law.

 

[Damo_1878]

Don’t be surprised if the ‘initial’ punishment is OTT. They know we’ll likely appeal whatever we get so they’ll make an allowance for that.

@davek the club has the ability to appeal. That goes to an appeals board

The club could in some circumstances go to arbitration. But those circumstances are very defined in the PL rulebook

Note what it says in X.2

You see originally you stated this...



What I was asking of you was whether the club take its case down a legal route to the court of law.

No. If we dispute the decision of both the independent commission and appeals board/commission. Only under certain circumstances can we request arbitration

Membership of the Premier League means submitting to the rules of the league. That constitutes a written contract/agreement clubs and directors (Kenwright and Baxendale) are legally required to comply with

 

[Goat]

You see originally you stated this...



What I was asking of you was whether the club take its case down a legal route to the court of law.

We havent broke the law, we have broke Premier League rules, thus the Premier League will rule on our guilt.

We signed a contract saying we would abide by the rules.

We dont have a legal leg to stand on.

 

[Mr Popodopolous]

No. Everton essentially signed a private contract/agreement with the Premier League submitting jurisdiction to the rulebook specified appeals process. Thus you can't appeal to CAS if you signed a contract that excluded CAS jurisdiction from the contract/agreement

Isn't there a section of the Arbitration Act that is applicable here.

I know that in the Football League, Section 67 and 68 can be applicable. About how the case was handled as much as the verdict itself.