PL charge City for alleged breaches of financial rules

There was a European parliament report a few years ago that supported FFP, despite the challenge to EU law on unfair restraint on trade. What didn't get as much publicity was that the report also said that the regulatory body should not be run by directors of the clubs who might set and enforce rules to their clubs' advantage.
If we're speaking about the same report it was from the European commission. It accepted that UEFA was a suitable body to "regulate" (I can't remember the actual word used) European football but it stressed that regulations must be within the framework of European competition law. Their statement had nothing to do with FFP except in the most general terms, but was the result of widespread discontent in Germany with loans made to Spain by the EU to help with their financial crisis and budget deficit, and thus paid in part by German taxpayers, while multi-millionaire players such as Messi and Renaldo were given very generous tax breaks by the Spanish government. These tax breaks are no longer permitted, but not because of pressure from UEFA or any regulation by them.
 
Civil fraud is between private parties and results in compensation or other civil remedies. Criminal fraud relates to illegal activity prosecuted by the Crown with criminal sanctions such as imprisonment.

So the IC can determine an activity to be fraudulent as long as it relates to, in this case, for example, a breach of contract, but it can't determine criminal fraud. Although the same activity may well also be criminal if prosecuted in a criminal court.

I think :)
Cheers!
 
Of course it’s theoretically possible that this is simply a rehash of the UEFA case with exactly the same evidence, however the fact that the PL went to court, won and City were forced to hand over more than they wanted to suggests that it wont be.

As I’ve said before, my only basis point for speculating that the PL must have something they believe to be a golden bullet is that Adam Lewis has driven the process on their side and the guy quite literally wrote the playbook for how to litigate sporting cases, City obviously have a fantastically knowledgable and competent team also but Lewis is the go-to guy for this sort of case.

It’s important to acknowledge also that he won’t have taken the case for financial reasons, he picks and chooses his cases and will easily net £1m+ per year without taking this on, the hope is that as others have speculated it’s an ego thing for him in ‘succeeding’ where UEFA failed, which i can also accept is very possible.

Ultimately I’m not suggesting that I believe the PL will ‘win’, as with Stefan I think they’ve made a rod for their own back by clearly overcharging the club and with the overt allegation of fraud they’ll need to present something totally explosive to land those charges and I cant believe they have that, even if such a thing exists - my position that I’ve stated previously is that I suspect it will be a ‘guilty’ on Mancini, Fordham & Non-Cooperation, a decent (10+) points deduction and a fine, reduced on appeal to a large fine and maybe 1-3 points which I’m sure the clubs executives would be clearing out Manchester’s Cubana and Dom P reserves for if offered right now.

The underlying thing that I don’t think most have sufficiently acknowledged yet though is that it’s demonstrably *not* going to be a like-for-like tribunal as CAS, simply because it’s public record that the PL have gotten more from City via Commercial Court, now of course it’s phenomenally unlikely City have willingly provided them a golden bullet so I’m not exactly panicking about that, but we should all be clear that they do have a bit more than just the Der Speigel emails.
Not guilty until the facts prevail. Irrefutable evidence is the clubs starting point. I don’t get this long winded explanation. You think we have given the league evidence of our guilt because a court ruled in their favour regarding how much evidence we should give them?

From this decision you have decided the club is guilty and have now put it upon yourself to decide the punishment in the form of points deduction etc etc.

We probably only give them page 115 which refers to their complete lack of professionalism and disingenuous approach to all things financially fair.

No written proof of our guilt exists otherwise we would be investigated by the proper law enforcement not Gill and Parry et all or should I say Kevin & Perry, that would be more apt.
 
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Not guilty until the facts prevail. Irrefutable evidence is the clubs starting point. I don’t get this long winded explanation. You think we have given the league evidence of our guilt because a court ruled in their favour regarding how much evidence we should give them?

From this decision you have decided the club is guilty and have now put it upon yourself to decide the punishment in the form of points deduction etc etc.

We probably only give them page 115 which refers to their complete lack of professionalism and disingenuous approach to all thing financially fair.

No written proof of our guilt exists otherwise we would be investigated by the proper law enforcement not Gill and Parry et all or should I say Kevin & Perry, that wouldll they ;)

Not guilty until the facts prevail. Irrefutable evidence is the clubs starting point. I don’t get this long winded explanation. You think we have given the league evidence of our guilt because a court ruled in their favour regarding how much evidence we should give them?

From this decision you have decided the club is guilty and have now put it upon yourself to decide the punishment in the form of points deduction etc etc.

We probably only give them page 115 which refers to their complete lack of professionalism and disingenuous approach to all thing financially fair.

No written proof of our guilt exists otherwise we would be investigated by the proper law enforcement not Gill and Parry et all or should I say Kevin & Perry, that would be more apt.
Definitely Kevin & Perry!
Like to go large :)
 
So in a nutshell, in your opinion, we've done some of what the PL have alleged and they have substantive proof to support it.
Well yes as the Mancini and Fordham bits are well known and established ‘facts’ now, as discussed at CAS with Mancini although it can be proven that he did have a ‘second contract’ with Abu Dhabi, the amount of money is completely immaterial and wouldn’t have made the club pass or fail FFP.

With Fordham again it’s no secret that the club did move its image rights to a seperate company, ostensibly to ‘create’ some extra revenue in the years before the club didn’t have to worry about FFP. It’s generally agreed that UEFA were aware and didn’t take issue with this and it ended from memory in 2017 anyway.

My glass half empty expectation is that the tribunal will come down hard on these two aspects and impose a penalty that will ultimately be pedalled way back as Mancini is immaterial and Fordham was never a secret to anyone.

As said though, I’m a natural pessimist!

They have more than the der Spiegel emails?

And you know that because....?

They have nothing. Zilch. Zip. Nada.
We know this because it’s public record that City lost in Commercial Court and were forced to turn over additional requested documents.

They might not have anything more substantive, but they 100% have more than the Der Spiegel emails which was my only point.

Now, you see, what I don't understand about this argument is exactly what you are expecting there to be in the books and records of the club that would support the allegations that have been made.

Take Mancini, even assuming it isn't time limited, exactly what are you expecting there to be at the club that would show anything other than a difference of opinion about how much of Mancini's salary should be disclosed to the PL? I am pretty sure they must have all the accounting information relating to the club's contract, there may be some payments made to/from ADUG or AJ relating to the AJ contract, but I am assuming none of those AJ-related payments actually entered the club's profit and loss account otherwise what is the PL wanting exactly? The only things the PL could want, and imho aren't entitled to demand, is confirmation from Mancini's management company of the actual contracts that were operative with AJ, and details of the time spent by Mancini fulfilling that contract. That, if you ask me, is the PL's problem with Mancini, they haven't had access to information that would remove the allegation, because the club told them to fuck off and they don't have the jurisdiction to go independently to third parties even, and I will underline this for emphasis, they have been given everything relevant in the club's books and records as required by the PL rules and the court ruling.

Multiply this by the number of allegations for which the PL has the same problem, and I can't see what the PL could have gleaned from the books and records of the club that would prove, for example, that ADUG funded the Etihad sponsorship, that the Etisalat story at CAS was or wasn't true, that Fordham was created to reduce expenses, that the AD sponsorships weren't fair value or related party transactions. That is why you have 115 charges including non-cooperation, even though the club says they have complied, and acting in bad faith.
Well on Mancini and Fordham the whole point is not what is in the clubs record, but what’s *not* in the clubs records.
On Mancini I think we can safely surmise that their entire argument is that the club should’ve declared a further £1.5m a year in expenses for the AD contract. They may or may not have a case on that but as said above it’s ultimately completely immaterial - £1.5m per year wouldnt have put the club above the FFP line as it was losing around £100m+ a year at that point.

This one should be an easy ‘win’ for the P&L but any sanction would have to be extremely minimal for such an immaterial sum.

In Fordham, you have it the wrong way round when you say that it was ‘to reduce expenses’ - the whole point of Fordham was to ‘sell’ the image rights from the club to Fordham to generate additional revenue and I think it’s the only place the PL could have any substantive ‘success’ as it’s established that this did happen.

The issue for the PL is that Fordham is a limited company and was from memory disclosed as a related party in the filed accounts so they can’t claim City ‘hid’ anything from them, it was there in black and white at the time, so again any sporting sanction cannot be large imo.

To repeat myself from above, I’m a natural pessimist so my expectation is that the tribunal will come down in a draconian manner but it won’t hold on appeal as these two issues are clearly not game changers.

Not guilty until the facts prevail. Irrefutable evidence is the clubs starting point. I don’t get this long winded explanation. You think we have given the league evidence of our guilt because a court ruled in their favour regarding how much evidence we should give them?
Eh? In the exact same sentence as saying the club was forced to turn over addition documents, I said there’s no way they would’ve self incriminated in doing so.

As said, my only point on the additional documents is that it’s fact that the PL will have more than the Der Speigel emails, but for them to have anything substantive it will have had to come from an outside source.
 
I wouldn't over complicate this. The case is based largely on the same facts but it is undeniable that the process will be more thorough, disclosure of documents far broader, the IC far more conventionally English (ie English law) and therefore has far more risk for City (and in different ways, the PL). But it also remains an inherently unlikely case theory to prove. That is the PLs task and City defence task.
Yes, this is what I was trying, and probably failing to eloquently say, is that whilst yes it’s the same substantive case being retried, it’s also very clear that the PL have more documents at hand than UEFA had and that I can’t see how the PL can ever land the most serious allegations.
 
Well yes as the Mancini and Fordham bits are well known and established ‘facts’ now, as discussed at CAS with Mancini although it can be proven that he did have a ‘second contract’ with Abu Dhabi, the amount of money is completely immaterial and wouldn’t have made the club pass or fail FFP.

With Fordham again it’s no secret that the club did move its image rights to a seperate company, ostensibly to ‘create’ some extra revenue in the years before the club didn’t have to worry about FFP. It’s generally agreed that UEFA were aware and didn’t take issue with this and it ended from memory in 2017 anyway.

My glass half empty expectation is that the tribunal will come down hard on these two aspects and impose a penalty that will ultimately be pedalled way back as Mancini is immaterial and Fordham was never a secret to anyone.

As said though, I’m a natural pessimist!


We know this because it’s public record that City lost in Commercial Court and were forced to turn over additional requested documents.

They might not have anything more substantive, but they 100% have more than the Der Spiegel emails which was my only point.


Well on Mancini and Fordham the whole point is not what is in the clubs record, but what’s *not* in the clubs records.
On Mancini I think we can safely surmise that their entire argument is that the club should’ve declared a further £1.5m a year in expenses for the AD contract. They may or may not have a case on that but as said above it’s ultimately completely immaterial - £1.5m per year wouldnt have put the club above the FFP line as it was losing around £100m+ a year at that point.

This one should be an easy ‘win’ for the P&L but any sanction would have to be extremely minimal for such an immaterial sum.

In Fordham, you have it the wrong way round when you say that it was ‘to reduce expenses’ - the whole point of Fordham was to ‘sell’ the image rights from the club to Fordham to generate additional revenue and I think it’s the only place the PL could have any substantive ‘success’ as it’s established that this did happen.

The issue for the PL is that Fordham is a limited company and was from memory disclosed as a related party in the filed accounts so they can’t claim City ‘hid’ anything from them, it was there in black and white at the time, so again any sporting sanction cannot be large imo.

To repeat myself from above, I’m a natural pessimist so my expectation is that the tribunal will come down in a draconian manner but it won’t hold on appeal as these two issues are clearly not game changers.


Eh? In the exact same sentence as saying the club was forced to turn over addition documents, I said there’s no way they would’ve self incriminated in doing so.

As said, my only point on the additional documents is that it’s fact that the PL will have more than the Der Speigel emails, but for them to have anything substantive it will have had to come from an outside source.

My reply to this would be long and detailed, and probably boring for most people so I will refrain, but I am happy to discuss it in DM if you are that way inclined.
 
Slightly off topic. For those arguing that we need 'fairer' rules so that all teams start roughly at the same line. Barcelona are rebuilding the Nou Camp to accommodate 105,000 fans, United, it is rumoured, are planning to rebuild Old Trafford to accommodate 90,000. Those clubs, and others, are not going to accept just being 'average' and having an 'average' chance of winning trophies. City, regardless of the outcome of these charges, have done what was necessary for us to compete at the top level. We have invested.
 
I'm not upset, I'm just trying to be even handed. We can't curse all & sundry for deciding we're guilty until proven otherwise, then call out Burnham for not claiming we're innocent until proven otherwise, & him wanting City to be treated fairly. I just don't see what he's done wrong...

And I’ve given my opinion what I believe he hasn’t done well.
 

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