Financial Fair Play investigation

Status
Not open for further replies.
WestStandLower said:
1) That’s mainly speculation although the PL did say that Everton were compliant
2) Not sure you are right on that one . This is what the statement says:
The assessment period for which it is alleged that the Club is in breach is the period ending Season 2021/22.
So it’s for the three year period 21/22 - 20/21- & 19/20
3) You may be right on that but that could mean a multitude of things.
4) Yes they almost certainly will have done but most of the core accounting information is submitted in good faith and way in advance of the audited accounts
5) That’s correct
6) It won’t be but if the commission rule in the PLs favour then that “ charge” will no doubt be put out there
Click to expand...

Point 2 - yeah. Possibly. But it still falls into the remit of the league having to send us to an independent committee automatically cos we're the only club to have the losses over the 3 years.

If we've already been in discussions with the league over those years (as we've stated), going to the independent committee is a formality and shows their new rules "working"

It certainly doesn't mean a club can then sue us because we've gain advantages that the PL allowed.
 
I'm interested in this from a legal and regulatory angle as said before.

As I said when it first arose, the League clearly have some sort of right of review.

To clarify it isn't so much the e hear period 2020, 2021, 2022 as 2020 and 2021 were aggregated and averaged due to Covid, there was no stand alone 2020 test.

2018-19
2019-20 and 2020-21 Combined average
2021-22

The tax issue is strange as the starting point before deductions and other arguments is Profit or Loss BEFORE tax ie Adjusted Earnings Before Tax in a P&S context.

The League may have said x but I don't see how a Governing body can come to a bespoke deal with a club, what about the integrity of a competition as a whole, fairness to all clubs- hence maybe it was referred to an Independent Commission to adjudicate on it and take it out of the League's hands. They shouldn't just rubber stamp, both sides will or should be arguing their case.

Both sides can also appeal the Verdict of this case if it is like the Football League system. If it is anything like that system a sanction would if applied in the event of a guilty Verdict be applied instantly but can change if an Appeal goes the way of the club.

As for suing, depends. Without a guilty verdict it would be a complete no, if guilty perhaps would then depend, Middlesbrough and Wycombe sued Derby after all.

Middlesbrough initially threatened to sue Derby in May 2019 via Arbitration then turned their attention to the EFL in September of that year for failing to enforce their own rules get once a guilty verdict arose the ground was laid for suing Middlesbrough. Derby did have non compliant accounts though as per the umpteenth Commission.

I think there is a mechanisn via PL rules for clubs to take out Arbitration based claims vs each other or indeed for a Disciplinary Commission to award Club B compensation from Club A.

£300m across 3 clubs feels like nonsense though to me. Only one of them the 18th placed side in the year of the breach could hope to have a valid claim in the event of a Guilty Verdict and maybe in addition depending on the size of deduction a few million in prize money for the side who finished 19th.

Then is it gross or net, surely have to subtract Parachute Payments form the eventual size of claim.
 
Mr Popodopolous said:
I'm interested in this from a legal and regulatory angle as said before.

As I said when it first arose, the League clearly have some sort of right of review.

To clarify it isn't so much the e hear period 2020, 2021, 2022 as 2020 and 2021 were aggregated and averaged due to Covid, there was no stand alone 2020 test.

2018-19
2019-20 and 2020-21 Combined average
2021-22

The tax issue is strange as the starting point before deductions and other arguments is Profit or Loss BEFORE tax ie Adjusted Earnings Before Tax in a P&S context.

The League may have said x but I don't see how a Governing body can come to a bespoke deal with a club, what about the integrity of a competition as a whole, fairness to all clubs- hence maybe it was referred to an Independent Commission to adjudicate on it and take it out of the League's hands. They shouldn't just rubber stamp, both sides will or should be arguing their case.

Both sides can also appeal the Verdict of this case if it is like the Football League system. If it is anything like that system a sanction would if applied in the event of a guilty Verdict be applied instantly but can change if an Appeal goes the way of the club.

As for suing, depends. Without a guilty verdict it would be a complete no, if guilty perhaps would then depend, Middlesbrough and Wycombe sued Derby after all.

Middlesbrough initially threatened to sue Derby in May 2019 via Arbitration then turned their attention to the EFL in September of that year for failing to enforce their own rules get once a guilty verdict arose the ground was laid for suing Middlesbrough. Derby did have non compliant accounts though as per the umpteenth Commission.

I think there is a mechanisn via PL rules for clubs to take out Arbitration based claims vs each other or indeed for a Disciplinary Commission to award Club B compensation from Club A.

£300m across 3 clubs feels like nonsense though to me. Only one of them the 18th placed side in the year of the breach could hope to have a valid claim in the event of a Guilty Verdict and maybe in addition depending on the size of deduction a few million in prize money for the side who finished 19th.

Then is it gross or net, surely have to subtract Parachute Payments form the eventual size of claim.
Click to expand...
🛏️💤
 
Goat said:
Totally agree.

Its silly to assume that the Premier League "signed off" on accounts that clearly hadnt been fully audited.
Click to expand...
And whatever they did see? Well, our auditors “parted company” with us, so who knows what was going on.
We won’t know until it all comes out in the wash I guess.
 

Mr Popodopolous said:
I'm interested in this from a legal and regulatory angle as said before.

As I said when it first arose, the League clearly have some sort of right of review.

To clarify it isn't so much the e hear period 2020, 2021, 2022 as 2020 and 2021 were aggregated and averaged due to Covid, there was no stand alone 2020 test.

2018-19
2019-20 and 2020-21 Combined average
2021-22

The tax issue is strange as the starting point before deductions and other arguments is Profit or Loss BEFORE tax ie Adjusted Earnings Before Tax in a P&S context.

The League may have said x but I don't see how a Governing body can come to a bespoke deal with a club, what about the integrity of a competition as a whole, fairness to all clubs- hence maybe it was referred to an Independent Commission to adjudicate on it and take it out of the League's hands. They shouldn't just rubber stamp, both sides will or should be arguing their case.

Both sides can also appeal the Verdict of this case if it is like the Football League system. If it is anything like that system a sanction would if applied in the event of a guilty Verdict be applied instantly but can change if an Appeal goes the way of the club.

As for suing, depends. Without a guilty verdict it would be a complete no, if guilty perhaps would then depend, Middlesbrough and Wycombe sued Derby after all.

Middlesbrough initially threatened to sue Derby in May 2019 via Arbitration then turned their attention to the EFL in September of that year for failing to enforce their own rules get once a guilty verdict arose the ground was laid for suing Middlesbrough. Derby did have non compliant accounts though as per the umpteenth Commission.

I think there is a mechanisn via PL rules for clubs to take out Arbitration based claims vs each other or indeed for a Disciplinary Commission to award Club B compensation from Club A.

£300m across 3 clubs feels like nonsense though to me. Only one of them the 18th placed side in the year of the breach could hope to have a valid claim in the event of a Guilty Verdict and maybe in addition depending on the size of deduction a few million in prize money for the side who finished 19th.

Then is it gross or net, surely have to subtract Parachute Payments form the eventual size of claim.
Click to expand...
the "we will sue you for 300 mil" line reminds me of them stupid americans who will sue for anything

www.theguardian.com

Justin Bieber sued by woman claiming fans' screaming damaged her hearing

Lawsuit says 'frenzy of screams' broke out when Justin Bieber climbed into a heart-shaped gondola
www.theguardian.com www.theguardian.com
 

I have a difficulty in understanding how clubs can sue Everton, if found guilty of transgressing FFP rules. Apart from the burden of proof element where they would have to show that our over spend was directly responsible for their relegation and not their own poor performance, a high bar I would suggest given the poor players our alleged overspending bought. It is a high bar for the team that finished 3rd from bottom, how are the other two going to prove demonstrable harm?
Surely any recourse these clubs would have would not be against Everton but against the regulatory body, that body would determine guilt or innocence and would levy the punishment. If the 3 teams feel the level of punishment is in some way harmful to them then they seek recompense for the regulators.
 

Status
Not open for further replies.

Welcome to GrandOldTeam

Get involved. Registration is simple and free.

Register
Back
Top