As someone with audit and financial due diligence experience I find it unfathomable that the revenue or staff costs that we have booked in our accounts are not significantly matched to a signed and iron clad contract.
Given the basis of our revenue we’re heavily weighted to commercial over matchday. Hence that is low quantity sizeable contractual cash flows over a period of time. Theres almost no where to hide, theres either a contract or cash receipt or theres not. Id actually argue it would be much easier to inflate matchday revenue when its made of thousands of £20 fan payments and whos ticking all of those.
And if its in a signed contract with a willing third party its done. Its binding. To have somehow put materially (for it to even be worth discussing millions) more commercial revenue into the accounts without a valid contract will have required a material dereliction of duties on both the audit and fdd side which again I find highly unlikely.
Both the audit and fdd (Silver Lake) will have read and reviewed for example every word of the Etihad, Etisalat, Nissan etc contracts and ticked it to the revenue in the accounts. There is no way we could have recorded materially more or less without someone noticing.
Where the cash has come from obviously cant be proven because MCFC doesnt have the bank statements of Etihad for example. But how Etihad meets its contractual liabilities is their business not that of MCFC.
Thats revenue. For costs its less clear. For revenue youre arguing is what is there real. For costs youre arguing is something missing. Much harder to spot or prove.
Hypothetically MCFC could have arranged for staff to have been paid through a second stream from another company and hence minimised the costs associated to MCFC but again I find it unfathomable that given the professionalism of our management that any such second streams of pay wouldnt have had a contract with a description of the service the staff is providing to that other company.
There is nothing wrong with that and if those services are independent of their role with MCFC then the costs recorded elsewhere are not MCFC costs.
I reacted emotionally when this was all released but when I logically think through what it would have taken to get to this stage and be true, it would be one of the largest sports related financial cover up with collusion industrially across the professional services industry.
I dont see it.
How the arbitration process plays out is to be seen
Given this was well received. Some more context on this to help anyone not aware.
An audit is effectively an opinion from a qualified and experienced auditor that the financial statements that a company prepares are materially true and fair, and are in line with accounting standards and uk law. Material being a key word and that is a £ value that differs from audit to audit.
In our case we arent a profitable business so that isnt the key metric but we are a trading business so I’d assume that the auditors materiality level is a revenue based metric and will likely be calculated as 1-2% of revenue.
Revenue in 09/10 was £125m
Revenue in 17/18 was £500m
Hence in english this means that in 09/10, the auditors have effectively signed off that every single number within those accounts and presented to PL is accurate and free from misstatement (by mistake or deliberately) to within max £2.5m. By 17/18 revenue has grown so the auditors will have signed off that every number is accurate to within max £10m.
To be able to do that on our revenue line (since that seems to be where attention is) they will have at the very least targeted any individual contract of that value or more because if they didn’t and it was wrong there could be a material misstatement. So that pretty much covers every single commercial contract (as well as broadcasting and prize money). And they will have at the very least sample tested everything else (because they are too small to individually result in a material misstatement but could aggregate).
When they tested they will have traced either to a signed contract and/or cash receipt. There are no other options.
Ie in english again. Almost every single £ of commercial revenue we reported will have been agreed to signed contracts and/or cash receipt and the auditors found no issues.
Hence for the charge to be true that our revenue does not present a true and fair view, the auditors will have had to either have not fulfilled their professional duties as auditors and/or our directors will have had to have committed financial fraud to deceive them or in collusion with them. Both are significant claims and should not be dealt with by a premier league internal investigation but are legal cases.
The more likely scenario in my mind is that the financial accounts submitted lawfully as a company are not in question but the PL is effectively taking a moral stance that whilst the accounting is correct, they just dont believe that the revenue has come from a willing third party. Ie yes you have a contract, yes you received the money but we think that money has ultimately come from your owner.
That was the claim made by UEFA and CAS said there was no evidence that had happened. In another process with the same evidence I see no reason why that conclusion would be different.