6 + 2 Point Deductions

HowardsWay said:
I honestly thought it would be reduced to 6 pts but if we really have transgressed again, I don't see any way in the world we are getting anything back.
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I’m no legal expert, but surely the appeal can only take into account the “evidence” or lack of it and the potential errors in the first case? The second charge cannot surely have an impact on the appeal?
Apologies, have just seen @Tony’s Carp beat me to it!
 

Where’s all the fans who sang “we’re f-ing rich” at Villa away when Moshiri took over?

I didn’t put my hand up at a Russian oligarch taking over Everton, didn’t see any others either.

Others will choose to see this as karma.

Glass ceilings baby.
 
bcblue1878 said:
I’m no legal expert, but surely the appeal can only take into account the “evidence” or lack of it and the potential errors in the first case? The second charge cannot surely have an impact on the appeal?
Apologies, have just seen @Tony’s Carp beat me to it!
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Might even be possible in a legal sense, to demand a different entity/panel hear the second case.

Juror's are not allowed to know about past convictions, and you certainly wouldn't be put before the same jury for 2 separate offences.

My lack of expertise might well mean I'm talking crap though.
 
mahermi1 said:
I can agree that Moshiri and the whole board at the time are idiots but £105m is definitely not generous, with a turnover like ours and that includes most of the other clubs. The top 6 turnover is monstrous compared to the bottom 14 and that is where that £105m is grossly unfair. Interest was allowed during the first period of the stadia build, Everton stated that in their defence, but Everton said that changed, if so that was strange, very strange. Also player x, was put forward by Everton and threw out as not a mitigating circumstance. I agree with Everton on that we indefinitely suspended him, how could we play him in them circumstances ?
So who would buy him ? That cost Everton.
Not saying we are totally innocent by any means, but in my view thd PL Masters wanted an example Everton were that perfect example.
To prove they could govern themselves. I will never forgive Moshiri, or Kenwright who professed we were innocent, confident and had nothing to worry about right to the very end. But don't worry you can't hurt the fans, yeah sing another song, you can't hurt the cartel fans.
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Player x was suspended by the premier league, not everton...for him to be then declared innocent nearly a year later. Even if we wanted to sell him, it was technically impossible.
 

gwladysnight said:
Interest was allowed because we told them that the Metro and Rights media loans were for the Stadium. That is classed as infrastructure spending so is quite rightly a permissible deduction for PSR purposes. It turns out that the terms of the loan state that the loan was for the day to day running of the club and not for the Stadium. It was just a stupid thing to do.

The thing is that we had dug such a deep PSR hole that we needed to take action. Instead, Moshiri just came up with bizarre deductions. He came up with fanciful excuses and even more fanciful figures. He tried to claim huge sums for COVID losses and pretended that without COVID we would have been able to sell Keane for a ludicrous amount. Totally ignoring the fact that Keane's career had nose-dived and that we hadn't even put him up for sale. As soon as they checked the paperwork it became apparent we hadn't tried to sell him.

Then we get to player X. There has been a lot of misinformation about this. What we tried to do was claim that if we had decided to sue player X for breach of contract then we would have received £10m in compensation so £10m should be allowed as a PSR deduction. There are 3 things here.

1. It was our decision not to sue player X.
2. That we would have won the case and the case would have been settled within that financial year.
3 That player X had a spare £10m lying around plus court costs to pay us that £10m in that financial year.

Player X and Player Y were just farcical. So farcical that the legal team completely dropped them by the pre-trial argument stage. There may be some merits in terms of mitigation but trying to quantify them and expect to be able to deduct them is frankly hilarious.

What happened is that we were miles above the permitted losses and instead of taking action to make sure we complied Moshiri just worked backwards and tried to invent bogus deductions. The basic principle is that if you put forward deductions then you have to prove them on a balance of probabilities basis.

I have some sympathy with your argument regarding the £105m losses. The way the IC will have looked at it though is that the actual losses should only be £5m per season. So £15m over a rolling 3 year period. The generous bit is allowing owners to put in £30m per season or £90m over a 3 year period.
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As is plainly obvious, and something I have never hidden on here I am a Chelsea supporter and whilst I don’t come close to having a second team there are teams I despise and some I quite like the ones I despise are many because of how you are treated at their grounds, or because of rivalry or maybe you have that soft spot because your good mates support a team and they are balanced ( two Everton ST falling his category) or simply like say Leeds you despise because of history between the clubs
On the two occasions I watched games at Goodison it was a joy I met my two Everton supporting mates before the game, we had a drink in an Everton fans designated pub. No one blinked that I was a Chelsea supporter indeed my leg was well and truly pulled it was fun without a hint of aggression. Whereas across the road I was spat on and one of our number had a condom full of pee thrown at him
I have a lot of time for Everton and on the couple of occasions I spoke to Bill Kenright , like Bobby Robson you know they were football men.
Anyways to your post
You are right about the loans and their proposed uses as I said the other day this was a “ schoolboy error”
But the third point re player X I am not sure is relevant whereas the first two clearly are
 
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Kevsleftpeg said:
Exactly, we could be in exactly the same financial situation we are now from a balance sheet and profit and loss perspective but purely because of the way the funding of the stadium and working capital has been documented result in us being in breach of the rules. That might be a technical breach but it serves no purpose in terms of financial regulation.
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Even if the loans were documented differently though we still fail PSR and get a points deduction.

I think in terms of mitigation then you are right the fact that we couldn't get loans for the Stadium means we should be able to use that as a mitigating factor. The issue is that when you go further and try and use them as a deduction and mislead the Premier League then the IC has to make a ruling. Once they make that ruling you pretty much lose it as a mitigating factor and in the case of misleading the PL it becomes an aggravating factor.
 
Commission saying we were reckless in our spending quoting a few player purchases while no mention of sales , any purchases were funded by sales over last 5 yrs and that is ignoring purchases spread over length of contract and sales hit revenue straight away, surely this statement is incorrect by Commission and can be part of the appeal.
 
Gilbert.. said:
I heard adrian durham on the radio driving home from work earlier going on about it was arsene wenger who really pushed for ffp as he didnt like clubs coming through with new money and challenging.
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www.theguardian.com

Disillusioned Arsène Wenger calls for end to FFP in major U-turn

Arsène Wenger has lost faith in one of his guiding principles and called for financial fair play to be scrapped if the Premier League is to remain ‘the best league in the world’
www.theguardian.com www.theguardian.com
 

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