FFP - Why I believe we failed

Prestwich_Blue

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Eureka! The penny has finally dropped about why we failed and it's scandalous. Wanted to do this as a separate topic so it's clear to everyone and doesn't get lost in the bigger thread. Hopefully some journo's will pick it up as well.

I assumed from the club statement that there was a difference over how much of the pre-June 2010 wages we could exclude. But UEFA's guidance is crystal clear with no room for misinterpretation. So the issue has to be that they didn't allow us to use this £80m at all.

Here's what the FFP document actually says:
Players under contract before 1 June 2010
If a licensee reports an aggregate break-even deficit that exceeds the acceptable deviation and it fulfils both conditions described below then this would be taken into account in a favourable way.
i) It reports a positive trend in the annual break-even results (proving it has implemented a concrete strategy for future compliance); and
ii) It proves that the aggregate break-even deficit is only due to the annual break-even deficit of the reporting period ending in 2012 which in turn is due to contracts with players undertaken prior to 1 June 2010 (for the avoidance of doubt, all renegotiations on contracts undertaken after such date would not be taken into account).
This means that a licensee that reports an aggregate break-even deficit that exceeds the acceptable deviation but that satisfies both conditions described under i) and ii) above should in principle not be sanctioned.
We reported an aggregate break even deficit of £114m, with (as far as I can work out) £83m of that in 2011/12 and £31m in 2012/13. According to the above we should be OK on (i) as we're reporting an improving trend so we go to (ii). The question is, what does that actually mean? To me, and I suspect the club (who would have been guided by UEFA, it means that if we hadn't reported a break-even deficit in 2011/12, would we have still passed? In this case the answer is 'yes' as we only reported a deficit of £31m in 2012/13, which is better than the £37m required. So we were under the distinct impression that we would pass, once the £80m was taken into account and I believe we must have had that in writing.

However, when the CFCB Investigatory Chamber looked at our accounts, it must have taken a different view and disallowed the application of the £80m on the grounds that it was less than the reported deficit of £83m and therefore £3m of the aggregate deficit was still made up of 2011/12's deficit. Therefore, in their view and in contradiction to what we were told, we couldn't use the exemption at all. So we failed and for the sake of £3m based on a reading of the rule that was totally different to what we'd been told.

Update: I did some more digging and posted an update on Page 9. The outcome was that UEFA produced a set of guidance notes in 2011, that set out the calculation of the test referred to in (ii) of the quoted FFP rule. This indicated that the £80m would be able to be used to offset our deficit and bring it down to an acceptable figure. But in 2013, after those 2012 accounts had been published, a revised guideline was issued supposedly for the 2013/14 financial year which changed the interpretation of that test to simply assess whether the wages (£80m) were higher than the deficit (£83m) for 2011/12. Clearly, they weren't on the basis of that test, even though the basic rule wording hadn't changed and the two sets of accounts had been issued under a completely different interpretation.

Utter cunts. No wonder the club were furious with the double-crossing bastards.
 
Re: FFP - Why we failed

Prestwich_Blue said:
Eureka! The penny has finally dropped about why we failed and it's scandalous. Wanted to do this as a separatye topic so it's clear to everyone and doesn't get lost in the bigger thread. Hopefully some journo's will pick it up as well.

I assumed from the club statement that there was a difference over how much of the pre-June 2010 wages we could exclude. But UEFA's guidance is crystal clear with no room for misinterpretation. So the issue has to be that they didn't allow us to use this £80m at all.

Here's what the FFP document actually says:
Players under contract before 1 June 2010
If a licensee reports an aggregate break-even deficit that exceeds the acceptable deviation and it fulfils both conditions described below then this would be taken into account in a favourable way.
i) It reports a positive trend in the annual break-even results (proving it has implemented a concrete strategy for future compliance); and
ii) It proves that the aggregate break-even deficit is only due to the annual break-even deficit of the reporting period ending in 2012 which in turn is due to contracts with players undertaken prior to 1 June 2010 (for the avoidance of doubt, all renegotiations on contracts undertaken after such date would not be taken into account).
This means that a licensee that reports an aggregate break-even deficit that exceeds the acceptable deviation but that satisfies both conditions described under i) and ii) above should in principle not be sanctioned.
We reported an aggregate break even deficit of £114m, with (as far as I can work out) £83m of that in 2011/12 and £31m in 2012/13. According to the above, we should be OK on (i) as we're reporting an improving trend so we go to (ii). The question is, what does that actually mean? To me, and I suspect the club (who would have been guided by UEFA, it means that if we hadn't reported a break-even deficit in 2011/12, would we have still passed? In this case the answer is 'yes' as we only reported a deficit of £31m in 2012/13, which is better than the £37m required. So we were under the distinct impression that we would pass, once the £80m was taken into account and I believe we must have had that in writing.

However, when the CFCB Investigatory Chamber looked at our accounts, it must have taken a different view and disallowed the application of the £80m on the grounds that it was less than the reported deficit of £83m and therefore £3m of the aggregate deficit was still made up of 2011/12's deficit. Therefore, in their view and in contradiction to what we were told, we couldn't use the exemption at all. So we failed and for the sake of £3m based on a reading of the rule that was totally different to what we'd been told.

Utter cunts. No wonder the club were furious with the double-crossing bastards.
Chill out mate.
 
Re: FFP - Why we failed

Looks like they needed to appease the G14 and with Gill in UEFA there was no way were going to get off, but that's gone now we have been punished and it doesn't look that bad!
 
Re: FFP - Why we failed

Utter fucking cunts, would be nice if a euro league was formed outside of uefa and left these lying muppets with no money from TV looking after the Europa league.
 
Re: FFP - Why we failed

Prestwich_Blue said:
Eureka! The penny has finally dropped about why we failed and it's scandalous. Wanted to do this as a separatye topic so it's clear to everyone and doesn't get lost in the bigger thread. Hopefully some journo's will pick it up as well.

I assumed from the club statement that there was a difference over how much of the pre-June 2010 wages we could exclude. But UEFA's guidance is crystal clear with no room for misinterpretation. So the issue has to be that they didn't allow us to use this £80m at all.

Here's what the FFP document actually says:
Players under contract before 1 June 2010
If a licensee reports an aggregate break-even deficit that exceeds the acceptable deviation and it fulfils both conditions described below then this would be taken into account in a favourable way.
i) It reports a positive trend in the annual break-even results (proving it has implemented a concrete strategy for future compliance); and
ii) It proves that the aggregate break-even deficit is only due to the annual break-even deficit of the reporting period ending in 2012 which in turn is due to contracts with players undertaken prior to 1 June 2010 (for the avoidance of doubt, all renegotiations on contracts undertaken after such date would not be taken into account).
This means that a licensee that reports an aggregate break-even deficit that exceeds the acceptable deviation but that satisfies both conditions described under i) and ii) above should in principle not be sanctioned.
We reported an aggregate break even deficit of £114m, with (as far as I can work out) £83m of that in 2011/12 and £31m in 2012/13. According to the above, we should be OK on (i) as we're reporting an improving trend so we go to (ii). The question is, what does that actually mean? To me, and I suspect the club (who would have been guided by UEFA, it means that if we hadn't reported a break-even deficit in 2011/12, would we have still passed? In this case the answer is 'yes' as we only reported a deficit of £31m in 2012/13, which is better than the £37m required. So we were under the distinct impression that we would pass, once the £80m was taken into account and I believe we must have had that in writing.

However, when the CFCB Investigatory Chamber looked at our accounts, it must have taken a different view and disallowed the application of the £80m on the grounds that it was less than the reported deficit of £83m and therefore £3m of the aggregate deficit was still made up of 2011/12's deficit. Therefore, in their view and in contradiction to what we were told, we couldn't use the exemption at all. So we failed and for the sake of £3m based on a reading of the rule that was totally different to what we'd been told.

Utter cunts. No wonder the club were furious with the double-crossing bastards.

That may well have been the loophole they used, but for me the wider issue for UEFA was that this was the only window in which they could possibly impose sanctions upon us as it was clear from our projected accounts that we'd be breaking even at the end of their next monitoring period.

Had we walked away passing the uproar would've been monumental and UEFA would've looked toothless. In the end whatever rational they used the upshot was about getting a punch in before the fight was over which it will be as of next summer.
 

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