To penalise a club at some point requires that there would be an ongoing investigation and an outcome. Wigan were dismayed that the decision went against them so late in the day but they knew some sort of decision was coming. In our case, if some investigation were taking place it is only natural justice that we would have to know what our fate might be. If, for example, we might attract a 10 point penalty - and knew this was a realistic possibility - we would fight tooth and nail to get to, say, 49 points. As things stand to invent a punishment a posteriori would be completely subject to legal challenge by Everton.