UEFA FFP investigation - CAS decision to be announced Monday, 13th July 9.30am BST

[jaiguruKun]

I got told yesterday by a united fan we were been done for 19 different things, one been £16 million given by a company that doesn’t exist for the Sterling transfer, I asked him if he knew that we were been done from something pre Sterling, blank look, I pointed out it was about the Ethiad sponsorship, blank look, then he blurted out the Sterling thing again, I just laughed at him and this guy was a copper, I did suggest that’s why he was not a detective and just on the beat.

Next time he pipes up you might want to point him in the direction of the AC's statement when announcing the ban which refers solely to overstating sponsorship revenue. There were no other types of alleged breaches referred to.

 

[HalfwayUpTheKippax]

I'm more interested in what revue we'll be putting on ;)

 

[Manchester33]

Let's put this simply. If City were bang to rights, we would have accepted a lesser punishment in December. We clearly must have a strong case otherwise we wouldn't drag out the negative publicity surrounding the case and the appeal. We would probably see staff members fired or resignations to help the club save face.

I genuinely trust the people running the club. We're run by the best minds in the industry. Do any of our fans truly believe we're going to blatantly 'cook the books' and not even bother to cover our tracks? Submit false accounts to HMRC? Somehow trick our new investors with falsified accounts? Mansour isn't a spoilt, silly Sheik with no clue on how the western world works. He's an incredibly intelligent businessman who values his reputation, not a shoddy back street Arab trying to con and bribe his way to the notoriety (despite the racist undertones from the MSM).

This whole process has happened because other clubs have pressured UEFA into doing something. UEFA probably know they haven't got a leg to stand on, but if CAS overturns the decision they can go back to the cartel, cap in hand and tell them 'we tried'.

 

[levets]

Totally random question and forgive my ignorance, but if this upheld, is there any chance CFG starts to pull some funding/support from the team for the time being and perhaps we lose our ability to be a big club long-term? I am not too familiar with the inner workings of how long-term CFG is committed to us?

‘Become’ a big club?

 

[Keeper!]

If there was a feeling that there was a chance we would lose and it's the difference between us copping a 2 year ban and bigger fine (which would have even bigger ramifications, given we would still be guilty), what option do you think the club are going to take?

I honestly believe the club want a complete and total end to this once and for all.

The Chairman has already said as much, otherwise we would have negotiated pre CAS.

 

[tonea2003]

No, burden is the appellants.

good job we have a comprehensive body of irrefeutable evidence then

 

[M18CTID]

Let's put this simply. If City were bang to rights, we would have accepted a lesser punishment in December. We clearly must have a strong case otherwise we wouldn't drag out the negative publicity surrounding the case and the appeal. We would probably see staff members fired or resignations to help the club save face.

I genuinely trust the people running the club. We're run by the best minds in the industry. Do any of our fans truly believe we're going to blatantly 'cook the books' and not even bother to cover our tracks? Submit false accounts to HMRC? Somehow trick our new investors with falsified accounts? Mansour isn't a spoilt, silly Sheik with no clue on how the western world works. He's an incredibly intelligent businessman who values his reputation, not a shoddy back street Arab trying to con and bribe his way to the notoriety (despite the racist undertones from the MSM).

This whole process has happened because other clubs have pressured UEFA into doing something. UEFA probably know they haven't got a leg to stand on, but if CAS overturns the decision they can go back to the cartel, cap in hand and tell them 'we tried'.

Agree with most of that. Still worried we might’ve done something stupid though - typical City and all that!

By the way, I have to ask you this - have you heard anything from your sources?

 

[KS55]

Was reviewing some other FFP judgments and this one is useful for showing where the burden of proof lies for City and why CAS will not overturn a 2 year ban if it finds UEFA are correct in their case...see http://jurisprudence.tas-cas.org/Shared Documents/4692.pdf#search=ffp settlement

"7.30 In doing so, the Sole Arbitrator adheres to the principle established by CAS jurisprudence that “in CAS arbitration, any party wishing to prevail on a disputed issue must discharge its burden of proof, i.e. it must meet the onus to substantiate its allegations and to affirmatively prove the facts on which it relies with respect to that issue, In other words, the party which asserts facts to support its rights has the burden of establishing them (..) The Code sets forth an adversarial system of arbitral justice, rather than an inquisitorial one. Hence, if a party wishes to establish some fact and persuade the deciding body, it must actively substantiate its allegations with convincing evidence” (e.g. CAS 2003/A/506, para. 54; CAS 2009/A/1810&1811, para. 46 and CAS 2009/A/1975, paras. 71ff).

7.31 However, the Sole Arbitrator finds that the Appellant has not adequately discharged the burden of proof to establish that the sanction imposed is evidently disproportionate and/or constitutes a breach of its right to equal treatment.

7.32 In doing so, the Sole Arbitrator first of all agrees with the Respondent that, pursuant to CAS jurisprudence, the review of a sanction is only possible when the sanction is evidently and grossly disproportionate to the breach, with means, inter alia, that the CAS must show restraint when evaluating whether a sanction is appropriate (see CAS 2012/A/2762 and CAS 2009/A/1844)."

7.30 is quite clear.
If uefa maintain that City breached ffp, they must prove the facts of the breach. If they were relying on DS email facsimiles alone, they would fail. What is their other evidence?
Similarly, City's audited accounts, backed by audit trail would prove that there was no breach, provided those accounts were a true and fair record.
We will win our appeal.

 

[CWMCFC]

I honestly believe the club want a complete and total end to this once and for all.

The Chairman has already said as much, otherwise we would have negotiated pre CAS.

I completely agree, but with so much on the line, this will be a decision very much guided by the legal team over pride.

If there was a respectable resolution on the table whilst there was even a small chance of losing at CAS, I can guarentee it will have been under serious consideration.

 

[Fordyboy46]

I just hope this verdict isn't delayed and we hear either way on Monday.