6 + 2 Point Deductions

[Toffe3m4n]

Another notable thing from the document:

The commission actually considered a suspended deduction but decided against it on the basis that they still felt that a penalty which altered league placement this season was still justified.

Again - something which may be factored into the second breach. It's very possible, for instance, that we'd be handed an actual suspected deduction heading into next season until the next accounts are submitted.

 

[matty1878]

Moyes did an absolutely fantastic job though. We had a team full of really good players, generally bought for very little, with a lot of character and were best of the rest for a long time.

We have generally been absolutely terrible since he left despite us spending funds he could only ever dream of having. Imagine a Moyes team with Lukaku in it.

to run on the wing?

 

[NathDogg]

This changes nothing for me. I still have zero confidence in those running the game. Crooks.

Exactly this.

They have sullied any reputation this league has; blown the integrity of this entire campaign out of the water the way they hit us and affected many other teams in the process; jumped in with a draconian punishment to show they can self regulate when in fact this appeal outcome has shown their actions to be illegal.

We should sue the backsides off them.

 

[Walken]

It would not be this squad- that's my point if relegated plus a poor return on the sale of some of them ....

So why did you say and I quote ' Our present team would struggle there'??

 

[Jarvick]

Excerpt from the appeal decision below. So, basically, we lost on EVERY argument relating to mitigation. We just got a small break on the good faith issue and severity of punishment arguments. That is quite poor and not super in any way. Anger building...
--------------------------
The Club relies on nine grounds of appeal. Seven relate mainly to how the Commission dealt with various mitigating and aggravating factors. The Appeal Board refuses the appeal on all these grounds, concluding that the Commission’s approach to these issues was correct and the evidence supported its conclusions.
However, on the other two grounds, the Appeal Board concludes that the Commission made legal errors.

First, the Commission found that, in relation to what it told the Premier League about its new stadium debt (which affected the calculation on which the relevant losses were calculated), the Club had been “less than frank” and breached another Premier League Rule (rule B.15) which imposes an obligation of “utmost good faith”. The Appeal Board concludes that the Commission was wrong to make those findings, because those allegations had not been made against the Club. Whilst the representations made by the Club about the stadium debt were materially wrong, it was not the Premier League’s case that that was anything other than an innocent mistake.

Second, the Commission was wrong not to take into account available benchmarks (e.g. the approach taken in English Football League (“EFL”) Guidelines cases), which had been relied upon by the Club, when it addressed the proportionality of the sanction.

 

[MikeH72]

There are loads of everton fans happy with today's decision
It's ridiculous

Proper smooth brain lizards.

 

[matty1878]

What do the club say?​

Everton did not hide their dismay with the Premier League and their belief that the organisation is making up regulatory practices as it goes along. A strong statement said: “The Premier League does not have guidelines which prevent a club being sanctioned for alleged breaches in financial periods which have already been subject to punishment, unlike other governing bodies, including the EFL. As a result, and because of the Premier League’s new commitment to deal with such matters ‘in-season’, the club is in a position where it has had no option but to submit a PSR calculation which remains subject to change, pending the outcome of the appeal. The club must now defend another Premier League complaint which includes the very same financial periods for which it has already been sanctioned, before that appeal has even been heard. The club takes the view that this results from a clear deficiency in the Premier League’s rules.” Everton also believe the £105m threshold is outdated and has not taken into account the inflation of wages and transfer fees over the past 10 years. The Premier League is changing the PSR rules in August.

What could the punishment be if found guilty?​

A fine, a transfer embargo or another points deduction. As Everton’s statement mentions, there is no rule to prevent double jeopardy in the Premier League. Therefore, the club could be docked points for a second time this season despite November’s 10-point punishment covering 75% of the period that the latest charge relates to. Everton have spoken with the Premier League about the risk of double jeopardy and bringing in measures to prevent it, as the EFL has done, but have been informed the final decision will rest with the commission that hears their latest case.


In regards to EFL rules and double jeopardy.

so they are saying double jeopardy doesn’t exist?

 

[DanEFC92]

Peter Macfarlane, Everton fan and contributor to the Blue Room Podcast, has been speaking to BBC Radio 5 Live about the reduction in the club's penalty for breaching Premier League financial rules:

"We're certainly finding ourselves in a better position than we were a couple of hours ago, so that's one massive bonus for us, but I think the overall feeling right now is one of vindication - certainly from the supporters.

"We believed from the outset that the 10-point punishment was extremely harsh, especially given some of the comparative punishments that are listed in the Premier League guidelines with regards to administration, for example, which is nine points.

"We believed from the outset that 10 points was massively harsh. So to get some of those points back feels like, as I say, a massive vindication for the fans and for the club."


Hmm, wouldn't say vindicated like. And not sure that's the best message to spread to the media.

 

[ToffeeTim]

Hopefully for the second charge we can use the double jeopardy as a mitigating factor and they see sense that we have reduced our wage bill and squad size and suspend any points deduction due to the efforts we have done the past few transfer windows.

You're asking for common sense from a farcical process...

 

[Jcr1878]

So, we haven't been found guilty of the second charge, it's just been sent to the IC aka the charlatans. We'd need 41 million in losses, apparently; I wonder how we could have lost that much considering how much cost-cutting and how many loans the club has taken... are we sure this second charge even happens?

 

[Kevsleftpeg]

The place Sotons goals have come from, by having better players, its a grim league and just because we are in bad form its doesn't make us derby county

I've seen us completely out played by lower league teams far too often in the last few years to think it would be a breeze. Which of our forwards is going to score 15-20 goals in the championship and which of our midfielders is going to score double figures? I genuinely think we would struggle unless we get some actual footballers in the team.

 

[Blue83]

Because we admitted to breaching the rules mate?

So what ? How is getting hit with 6 points for breaching the rules, getting off with it ? Getting off with it would be no punishment at all

 

[matty1878]

Proper smooth brain lizards.

how can you be happy on something that should of never been done

any other club that’s none existent

 

[Kevsleftpeg]

to run on the wing?

Yakubu seemed to do ok when he was here.

 

[ToffeeTim]

Peter Macfarlane, Everton fan and contributor to the Blue Room Podcast, has been speaking to BBC Radio 5 Live about the reduction in the club's penalty for breaching Premier League financial rules:

"We're certainly finding ourselves in a better position than we were a couple of hours ago, so that's one massive bonus for us, but I think the overall feeling right now is one of vindication - certainly from the supporters.

"We believed from the outset that the 10-point punishment was extremely harsh, especially given some of the comparative punishments that are listed in the Premier League guidelines with regards to administration, for example, which is nine points.

"We believed from the outset that 10 points was massively harsh. So to get some of those points back feels like, as I say, a massive vindication for the fans and for the club."


Hmm, wouldn't say vindicated like. And not sure that's the best message to spread to the media.

People are perfectly entitled to feel how they like, but I don't think that's a widespread viewpoint.