Trying to condense 28,000 documents, several months of pre-commission preparations and five days of complex legal argument into something that is (i) readable but (ii) an accurate representation of proceedings is quite a challenge. I’m going to deal with the introduction, the aggravating factors, the mitigating circumstances, the decision and then the sanction or penalty (depending on what side of the argument you sit).
In other, later articles, I will go into the details, particularly those of the stadium financing which is quite fascinating in that it says so much about how the club was run during the peak Moshiri, Kenwright, and Barrett-Baxendale years.
In the meantime here’s the summary – it’s the views of the Commission, not mine!
Introduction:
The complainant (The Premier League) alleged that Everton were in breach of its Profitability and Sustainability rules (PSR). The Premier League’s case was that the proper calculation for the period ending with season 2021-22 showed Everton’s losses to be £124.5 million. Rule E51 permits losses of £105 million. Therefore Everton’s losses exceeded the maximum permitted by £19.5 million.
By the conclusion of the hearings, Everton accepted that it was in breach, however arguing that the breach was £9.7 million albeit with significant mitigation.
The initial submissions following the complainant (24 March 2023), the Answer (29 April 2023) and the Reply (26 May 2023) were significantly amended from 4 October 2023. The hearing took place on 16-20 October 2023.
The aggravating Factors:
The Premier League advanced four separate factors that it says aggravates Everton’s “default”:
That Everton overspent despite repeated warnings.
An agreement reached on 13 August 2021 placed certain obligations on Everton, one of which was the requirement of Premier League permission for new signings. The Premier League approved each request but cautioned Everton that it was the club’s responsibility to make sure it complied with PSR.
The Premier League asserts it was “reckless” to have continued signing players in the face of their warnings.
To a degree, this is balanced by, whilst acknowledging Everton took unwise risks in the belief it would achieve compliance, this was not a deliberate breach by Everton.
Extent of the breach of the PSR threshold
The Commission will take the extent of the breach of the PSR threshold (£105 million) as an important indicator of the level of culpability.
Misleading the Premier League about stadium interest
The Premier League complains that Everton deliberately misled about the source of funds for the stadium development. Everton had two sources of funds – Moshiri’s interest-free shareholder loans (albeit not charge-free) and commercial loans from Rights & Media Funding and Metro Bank. By applying the costs of the commercial loans to the Everton Stadium Development company, the Premier League complained this was deliberately misleading. The commercial loans were for working capital purposes within the club.
Importantly the Premier League makes no allegation of dishonesty. However, by providing materially inaccurate information, there was a breach of utmost good faith as imposed by Premier League Rule B.15.
Misleading the Premier League about the intent to sell Player Y
In its full year 2022 PSR submission, Everton identified player Y as being one of the players it had targeted for sale, but had been unable to do so. The Premier League asserts this was false.
Player Y had originally appeared in Everton’s summer player trading strategy paper as a player to sell (paper dated 13 March 2020). However, in a series of documents from April 2020 his name was no longer included.
Everton explained this was due to his potential sale being handled by Bill Kenwright and as a result was not on the list. However, this did not mean the club were unwilling to sell him. Additionally, the player was granted a new contract during the summer 2020 transfer window.
The Premier League argued this demonstrated that Everton’s submission was false. The Commission disagreed, finding that had Everton received an appropriate offer, Player Y would have been sold. As a result the commission agreed this was not an aggravating feature.
Mitigating Factors
Everton advanced six mitigating factors:
Post-planning permission interest
Everton relied on an argument that, after planning permission had been obtained, substantial amounts of interest could be capitalised (thus being removed from PSR calculations). Everton chose not to capitalise the post-planning permission interest expenditure in order to assist their prospects of securing the senior debt package it was seeking.
As a result, the Commission thought it inappropriate to raise in mitigation a position that not only did not take place but would not have taken place.
In the view of the Commission, this was not a mitigating factor.
Positive Trend
Everton argued that its PSR calculation showed a downward trend for losses, pointing out that the EFL allows credit for such. The Premier League challenged this as mitigation, claiming you could not use this as no such rules existed in the Premier League. Additionally, the downtrend was a result of averaging FY 2020 and 2021. Finally that trend reversed in 2023.
The Commission largely agreed with Everton and concluded that the improving trend goes some limited way to diminish Everton’s culpability.
Player X
Everton claimed it deserved credit for not pursuing an economically viable claim against Player X (Everton had decided not to sue Player X for breach of contract on the grounds of his mental health.) Everton asserted it had suffered a loss as a consequenc.
The Commission argued that this business decision could not stand as mitigation. Secondly there was no evidence of his psychological state at the time the decision was made, and thirdly, the £10 million claim made by Everton was speculative.
As a result, the Commission refused to accept this as mitigation.
Ukraine
Everton claimed that the Russian invasion of Ukraine was a mitigating factor. Everton had the right to call down a naming rights agreement with USM worth £10 million a year. It was expected to come into force in the 2025-26 season. Everton claimed in mitigation that it was in negotiations to bring the agreement into force earlier, commencing in 2022. The sanction of Russian entities by the UK Government brought these negotiations to a halt. Everton felt it had no alternative but to withdraw from the negotiation.
The Commission agreed with the Premier League that this could not stand in mitigation. Firstly there was no certainty in reaching an agreement. There was no documentary evidence that the receipt of monies was probable. Secondly, this type of event was normal business experience. It could not diminish Everton’s culpability.
Additionally, the argument that the invasion of Ukraine caused stadium construction costs to increase and therefore harder to secure senior debt could not be considered as a mitigating factor.
Impact of Covid on the market for players
Everton planned to sell players in the 2020 summer transfer window. Marcel Brands placed values on eight players who were targeted for sale at a total value in excess of £80 million. In the event, sales did not take place as projected, Everton arguing that the failure was caused by the depressed market as a result of Covid.
The Premier League argued that the difficulties Everton faced were largely due to there being no ready purchaser for those players at the prices Everton sought. Everton’s difficulties arose from market forces.
The Commission accepted the Premier League position and as a result disallowed this as a means of mitigation.
Transparency and cooperation with the Premier League
Everton asserted it had behaved openly and responsibly in its dealings with the Premier League. As a result that should be to its credit.
The Commission recognised that Everton engaged extensively in the problems relating to the inability to capitalise pre-planning permission expenditure.
However, Everton acknowledged that some of its claims were novel, and some were dropped shortly before the hearing. Additionally the Commission had found Everton’s conduct not to be in compliance with the obligation of utmost good faith.
The Commission found that Everton’s dealings with the Premier League were not of such an exceptional nature as to stand as mitigation of Everton’s culpability.
Sanction, the nature of the sanction
The Premier League submitted that the nature of the sanction could only be a sporting sanction in the form of a deduction of points.
The Premier League relied upon the decision in Sheffield Wednesday FC v The Football League Ltd, that a sporting advantage is to be inferred, therefore anything other than a points deduction would be inappropriate.
Everton disagreed, claiming a financial penalty would meet the justice of the case. If some form of sporting sanction is required, then a transfer ban should be considered.
Two points to consider – it is already established that Everton had no quantifiable sporting advantage, so why is Sheffield Wednesday FC v The Football League Ltd relevant? Secondly and most importantly if the disqualification for a financial penalty is having “very wealthy owners” how does that fit with the financial punishments handed out to the breakaway six after the aborted attempt at a breakaway league?
The Commission agreed with the Premier League that the requirements of punishment, deterrence, vindication of compliant clubs and the protection of sporting integrity required a sporting sanction in the form of a points deduction.
The issue then is not the form of sanction but its extent.
The Commission justified its decision in the following way: There is no fixed formula to be applied. They could (and did) exercise their discretion as a specialist panel.
The Commission determined that Everton overspent, not because of the stadium development but due to the purchase of new players and the failure to sell players. Additionally, the lower League places (16th as against a projected 6th) caused a loss of expected income of £21 million. Everton’s understandable desire to improve on-pitch performance led to taking chances with its PSR position. Those chances resulting in the £19.5 million overspend in exceeding the £105 million limit.
The conclusion drawn by the Commission is that Everton were responsible for their own position. It was of their own making and the consequence of their culpability was great. Furthermore, Everton were (in the Commission’s eyes) less than frank over the stadium interest issue.
In the view of the Commission, this was a serious breach that requires a significant penalty, a sporting sanction of 10 points
I stress that the above is a summary of the findings and decision of the Commission – not my own views!
Everton, rightly are to appeal.
Reader Comments (103)
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2 Posted 20/11/2023 at 18:58:55
Hopefully part of our appeal will be based on, not only leaks, to certain media outlets prior to the official announcement, but more importantly on the make up of the "Independent" Commission.
I believe we should expect absolutely no change in the decision already made.
All our focus, from every part of Evertonia, should be on us getting well clear of the relegation zone asap by our own efforts.
3 Posted 20/11/2023 at 19:06:53
If there was EVER, any doubt as to the corruption at the highest level in the Premier League, with rules of one set of clubs and rules for a different set of clubs, that doubt has been utterly eradicated.
One other thing is crystal clear. The Premier League is making it up as it goes along and is enforcing rules, or not enforcing rules that benefit it's agenda.
For the good of the game? My arse.
4 Posted 20/11/2023 at 19:10:22
The points that stick out to me are:
'No evidence of Sigurdsson's psychological state'. It was self explanatory. He had just been charged with a child sex offence. He obviously would not have been in a good place and Everton should have been commended for what they did for him, losing a lot of money in the process.
Dismissing the affect a covid worldwide pandemic had on transfers I find completely ridiculous. Of course it had a massive affect on transfers.
You can see why we have had so many refereeing and VAR decisions given against us. The lower we are in the league, the less money we are given, the worse our financial position looked.
And whoever conducted Everton's defence did an abysmal job!
But the biggest thing that sticks out is:
PREMIER LEAGUE CORRUPTION
5 Posted 20/11/2023 at 19:13:22
6 Posted 20/11/2023 at 19:18:45
7 Posted 20/11/2023 at 19:48:07
How we haven't been able to recover any money for a £45 million pound player who was eventually sacked, doesn't really show any leniency, and as always there does appear to be at least a couple of contradictions, although that maybe just the way I've read things.
8 Posted 20/11/2023 at 19:53:25
A fairer punishment would have been a transfer ban for 12 months and possibly a less extreme points deduction (3 to 6 pts). But to some extent, I can see why they're making a scapegoat out of us.
The big argument for all football fans should be about the lack of a level playing field.
When FFP (which is anything but 'fair') was introduced more than 10 years ago, along with the P&S rules, the governing bodies have deliberately reduced the ability for smaller clubs (in terms of turnover) to compete. They have dressed it up as protecting clubs from going bankrupt, but we all know the real reason.
The likes of Man Utd, City, rs, Chelsea and to a lesser extent, Spurs and Arsenal, can stay within the restrictions of P&S/FFP and yet spend 2 to 3 times more money on transfers and wages than we can when we break the rules!!!
Something has to change, but I bet it only gets worse.
9 Posted 20/11/2023 at 20:24:25
But they didn't want to and the government independent regulator needs to act immediately, get involved, suspend our unjust points deduction and look at the whole picture. It stinks.
10 Posted 20/11/2023 at 21:30:12
It is therefore vital that we get this judgment overturned. if we don't it's difficult to see how we don't go under. it will be a miracle if 777 stick around, now that the commission have stuck a £100m negative over our head.
It's not just paranoia, this commission have absolutely trid to fuck us up. And all ijn the name of not wanting clubs to get in over their head. What a sick joke
11 Posted 20/11/2023 at 21:36:16
We can get this overturned though. It is disproportionate. It isn't fair. We need to never let the powers that be forget that we've been wronged, even in the event we avoid relegation.
12 Posted 20/11/2023 at 21:39:09
we were fourth bottom twice in the last two seasons, by a bat squeak each time. The PL have said we broke the rules over this period and obtained a 'competitive advantage' as a result. Why would suing us for their losses in getting relegated not be a realistic option for them?
13 Posted 20/11/2023 at 21:50:25
Effectively, you can gain a competitive advantage and pay the price at a later date.
Our focus needs to be on applying pressure on the league to overturn this points deduction. We're on the right side of the argument on this issue.
14 Posted 20/11/2023 at 21:53:39
Everton were responsible for their own position, the question now is can we have the point reduction reduced.
15 Posted 20/11/2023 at 22:04:03
Just on some other points raised here1) Other potentially affected clubs can definitely sue is, no question, and there is a clear sporting advantage accrued- otherwise why do the P&S rules exist in the first place? But the issue is, how do you quantify that advantage. Applicants for compensation will need to do this and that could be much easier to defend than our P&S machinations and 2) It is possible that 777 is pretty sanguine about compensation costs because it is suggested they have a hefty allowance built into the sale agreement, which means it will be deducted from Moshiri's proceeds.
That strikes me as just that the owner fronts up on the costs of his stupidity. Less so are the charlatans posing as our board making off with big payouts before the proverbial hit the fan
16 Posted 20/11/2023 at 22:05:12
There is an opportunity for the aggrieved clubs to seek compensation, David Phillips KC states this in the report dated 9 May 2023 citing the names of the clubs involved:
Leeds United
Nottingham Forest
Southampton
Leicester City
Burnley
20. One, I find that if the complaint is upheld, the Commission may wish to award W.51.5
compensation to one or more of the applicant clubs.
22. Three, I direct that if the complaint is upheld, the Premier League must provide a copy of the
decision to the applicant clubs forthwith. Within 28 days of receipt of a copy of the decision,
each applicant club must inform the Commission whether it wishes to pursue a claim for W.51.5
compensation.
Seeing as the complaint was upheld, all of those clubs can seek compensation, you can bet at least one will go for it, and then we'll be at the mercy of another or is it the same Commission, who'll decide whether those clubs are due compensation and then we'll find out how much compensation, if any, each club is awarded. Therefore, there must be some 'real' grounds, else it would have been stopped before our Commission sat in judgement.
17 Posted 20/11/2023 at 22:23:18
However -
The Premier League RELIED upon the decision in Sheffield Wednesday FC v The Football League Ltd, that a sporting advantage is to be inferred, therefore anything other than a points deduction would be inappropriate.
So the EPL uses an argument, that suits its cause using the EFL as reference but argues against EFC, when they attempt to do the same.
It stinks and something is very amiss here.
How can the Invasion of Ukraine and the subsequent sanctioning of the USM company not be a mitagating factor.
Did EFC mention in their defence that they did not look to borrow money from the government as Arsenal and Spurs did during the Covid pandemic.
I see the West Derby MP, Ian Byrne has arranged to bring this up in Parliament. At the end of the day, the powers that be in the EPL will regret how this has been handled. They may have signed their own death warrants. I hope so.
PS: Lyndon please make sure Ian Byrne is made aware of your article concerning the make up of the Commision and the conflicts of interest.
18 Posted 20/11/2023 at 22:31:15
I reckon we are the only club to have spent 200m without recouping a penny in transfer fees.
We have been run by weak management for ages and this proves the point. We are soft touches and have been for over 25 years, "what would Everton do"
Nevertheless we are being made an example of when other clubs have flirted with the rules and not faced this type of punishment.
We may have good grounds for appeal due to the contradictions of the findings and severity. The impartiality is also very questionable.
The precedent of not wanting fans to suffer applies more to us than any of the breakaway 6, who's fans have been spoilt to the point of entitlement in an increasingly uneven playing field.
At what point does this end for us?
We need a massive reset. We need to get rid of as many hangers on as possible and start again.
If we stay up this season what happens next season with potential new owners wanting their piece of an ever decreasing pie.
It's been horrible to support us for over 20 years. We have barely laid a glove on teams that we used to regularly beat. A steady downward spiral and this is the culmination of it.
19 Posted 20/11/2023 at 22:34:35
Add to that the likelihood of further charges relating to our accounts for the years following the one we've already been fucked for and it's a bleak picture.
Unless all these points get rescinded, I can't help feeling we'll go out of business off the back of all this.
Having said that, I tend to change my mind about 12 times a day given how much noise there is right now.
20 Posted 20/11/2023 at 22:42:48
21 Posted 20/11/2023 at 22:56:36
I mean, it's weak right? Could we have sued for 10M? Would we have won? Did he even have 10M to pay? Would the 10M have come in the right timeframe to make a difference?
And the fact is, we chose not to do it
It's pretty fanciful thinking.
22 Posted 20/11/2023 at 23:06:05
Having followed your detailed financial reports over the last few years I'd imagine you must be the least surprised by the commission's findings.
You'll take little comfort, no doubt, in your being proved right to repeatedly highlight our financial fragility as you did.
My question to you is when did we know we were squarely in the firing line and could we ever have done enough to avoid this?
23 Posted 20/11/2023 at 23:09:39
https://www.bbc.com/sport/football/67477429
24 Posted 20/11/2023 at 23:46:57
Whilst Everton did break the guidelines the mitigating circumstances were not properly considered.In the grand scheme of things the punishment was disprotionate and it is unlikely that this standard will be applied to other Clubs that have or close to breaching the rules.The suggested open ended opportunity for compensation is purely pressure driven and without practical consideration.
25 Posted 21/11/2023 at 00:20:00
'Sport Law and Practice :Regulating Sporting 2015.
3.In addition to these measures, any club losing more than £105m in aggregate across the reporting period.
4. may be charged with breach of the Premier League rules and referred to a disciplinary commission with broad powers to: reprimand the club, impose an unlimited fine, suspend the club from playing, deduct points from the club, order matches to be replayed, recommend expulsion of the club, order compensation, ban registrations, or impose such other penalty as it thinks fit.
5. To date, no club has been found to have such losses and therefore no sanctions have been imposed.'
26 Posted 21/11/2023 at 00:23:16
To be fair to the commission, our trend on P&S was the one area we were granted mitigation. All the others failed, partly because they had been previously used in a vain attempt to come up with a sum well below £100m.
Take for example, the USM 'deal'. We claimed that funds were due to be provided to use years before the opening. Setting aside why anyone would pay for naming rights on a stadium that is a couple of years short of being complete, we might have swung this had there been a shred of evidence, some sort of agreement, that money was going to be forthcoming before end of 2022. Needless to say, we had nothing to offer so needless to say, the commission concluded we were making it up.
27 Posted 21/11/2023 at 07:38:01
With Everton's judgement and punishment raised in Parliament in an early day motion, the discussion will be about the PL acting as judge and jury, whilst hiding behind so called independence, when one of the panellists has a conflict of interests, having previously represented Leeds in other legal cases.
Having set the benchmark on punishment for Everton, how on earth can any future decisions for other clubs be a level playing field? There is absolutely no standardised formula to arrive at the scale of punishment. It's make it up as you go along!
Should the ‘so called' big six be hit with anything like a ten point deduction or worse, I can see the Super League/ Diamond League issue being back on the agenda, and what action will the PL take then? They might just have shot themselves in the foot, losing their brand and ably assisting the formation of a breakaway league.
Wait for the U-turn.
28 Posted 21/11/2023 at 08:27:10
Our focus should have been on the fact that the FA banned him for being investigated, while other players were not banned when charged with a crime. It was the FA that directly led to the loss of valuation of that player in both the accounts and any potential resale value!
And that was arbitrary and not down to us.
29 Posted 21/11/2023 at 08:34:15
So why didn't the Club focus on that instead of a spurious 'naming rights before the stadium is even built' strategy!
30 Posted 21/11/2023 at 08:55:29
And didn't we continue to pay Player X as he was not charged with a crime? Where was that in our mitigation???
31 Posted 21/11/2023 at 09:13:43
We all knew they were inept and useless and this sadly is the result of their gross mismanagement of the club.
It was their responsibility and they clearly failed and yet one will probably have a stand named after them at BMD?
The sooner we rid our beloved club of Moshiri the better it will be, regardless of who takes over.
32 Posted 21/11/2023 at 09:19:46
If so, whatever the compassionate argument for that action should they have taken a harder nosed business decision like other clubs did?
33 Posted 21/11/2023 at 09:31:30
34 Posted 21/11/2023 at 09:39:51
The Commission in it's remit has tried to apply these sanctions as proportionately as possible, even trying to reduce compensation.This has exposed how impractical the remit of sanctions are when one breach has been committed in that multi breaches could see a team expelled from the Premier League, since any other application of sanctions is totally impracticable.
The Premier League does have the power to appoint a commission which consists of Premier League associates.Where they got Independent is anybody's guess, since there is no reference to such a thing. It was never going to be Independent.
Ironically there are now calls for a Government Regulator to scale back the application of these sanctions, because they are disproportionate and impractical to implement.The complete opposite of what was originally intended by the Premier League to maintain self regulation.
35 Posted 21/11/2023 at 09:41:50
Whilst we suspended Siggy, am not sure whether he was actually banned by the FA for being investigated.
36 Posted 21/11/2023 at 09:52:09
37 Posted 21/11/2023 at 10:02:39
Hopefully we can make a much better and proper case at the appeal.
38 Posted 21/11/2023 at 10:11:06
Mitigation claims.....Commission says, "No".
Perhaps we should be loudly considering arguing this in a real Court where the law of the land promulgated by case precedent rules.
39 Posted 21/11/2023 at 10:24:35
40 Posted 21/11/2023 at 10:45:32
a fine, the amount of which will depend on the Clubs
finishing position in the table. The points deduction principle
would probably be fair in most situations except where it
resulted in relegation or demotion from the Champions
League places.
41 Posted 21/11/2023 at 11:04:12
42 Posted 21/11/2023 at 11:17:18
It's a great deal more than a fine, it's psychologically damaging to the players, it's giving the team a handicap, that it might not be able to overcome, it makes all the efforts that the players have put in already this season, mostly pointless.
All of the bookings will still remain on the record, so the players will be suspended in the usual way, even though 70% of the points they gained will be lost. It renders the matches that Everton have played already and that we as fans have paid to watch, mostly meaningless. Financial indiscretions should be punished with financial sanctions, attempts to govern finances by inflicting a reduction of points is not within the spirit of the game.
There's a slim possibility that Everton could be brought before the beak again, once our latest accounts are scrutinised in the near future, which could also result in another points penalty and therefore some of the points that we may add to our current tally, might be taken off us, which would then make a total mockery of our season, as we could have almost half-a-season's worth of football, but only so many of those games would register the points that we won out on the pitch.
Perhaps they will suggest that Everton only get two points for a win and our opponents should get four when playing Everton, for as long as we remain in the Premier League, I don't believe that it's a witch-hunt against Everton, just some very short-sighted administrators trying to placate the sinful six and they've tied themselves in knots and they don't have a clue how to run the game, because all they can see is the pound signs.
43 Posted 21/11/2023 at 11:19:36
I got sick of saying this on the other thread, and I think everyone got sick of me saying it... but...
... Everyone needs to consider that we didn't fall foul of the league's rules by just 19.5M. We were 124.5M over the target set by P&S rules. We were 109.5M over the point at which they start taking action.
We were 19.5M over the point at which their rules give them no leeway but to charge us and refer us to a commission. That's a huge buffer before you get charged.
You're not supposed to get anywhere near that number. We smashed through it.
The number is there so that you have some buffer for things like the mitigations we claimed. But we were operating right at the limit already.
44 Posted 21/11/2023 at 11:20:41
45 Posted 21/11/2023 at 11:20:58
I think you would need to ask the club why they didn't do that, but the commission deals only with what is presented to them. To be honest, I doubt they would have been all that sympathetic. To repeat a point I made earlier, which informs their finding, the actual P&S target is zero loss over the period. A loss of over £15m is considered sanctionable. The £105m figure is a hard ceiling. Unfortunately we (and maybe some other clubs out there?) have treated the latter as a target, not a hard ceiling, and sailed way too close to the sun.
The commission re-iterated that the whole point of this ceiling was to give clubs plenty of wiggle room, or at least those who were genuinely trying to conform to the actual P&S target. I suspect the commission might also have taken the view that unless USM's arrangement was in truth not commercial at all, and was a sum that no other partner would dream of paying, then we ought to have been able to at least partially mitigate the loss. We might be best not trying to push that point too much?
On your subsequent post, the findings indicate we stopped paying Siggy a month after the news of the police investigation. I must admit that was news to me. What we were raising as defence/mitigation was that the accusation meant we couldn't cash in on his transfer value and we could have sued him for this. However, given Mendy is now suing City for his loss of wages, having not been convicted, I suggest we might be on rocky ground with that.
46 Posted 21/11/2023 at 11:31:17
47 Posted 21/11/2023 at 11:40:35
If we don't do that, and continually argue each point of mitigation, we'll eventually get to a place where we find ourselves agreeing with the Premier League's stance and the Commissions draconian punishment.
How do we help the club get those points back? We will of course get behind the club in the stadium, but how can we put pressure on the League to overturn the points deduction, or at the very least have that points deduction suspended. Letters / emails to MP's, media outlets, the Premier League itself?
e.g.
Dear x,
I/We readily agree that Everton Football Club is guilty of breaching the Premier League's Profit and Sustainability rules, I/we also realise that breaking those rules should result in some form of punishment, however, an immediate deduction of points in the current season, hardly protects the notion of sporting integrity.
Instead of the immediate points deduction, it may well be beneficial for the purposes of sporting integrity, to have the deduction suspended until the start of next season, better still it would be more appropriate to have a purely financial penalty for a purely financial misdemeanor.
Yours X
48 Posted 21/11/2023 at 11:54:49
They really should have thought “Bloody hell, there's going to be a war in Ukraine soon, so we better get something in writing to show the Premier League of our intention to bring forward money from USM for future naming rights, just in case there's any chance of them charging us over PSRâ€.
For fuck's sake, it had already been well documented that USM had given £30M to have first dabs on the naming rights, so why on earth should they have something in writing to say that payments may be brought forward, even before the stadium is complete?
49 Posted 21/11/2023 at 11:58:16
This is not correct.
You're allowed to lose £105M over a 3 year rolling period
51 Posted 21/11/2023 at 12:01:44
I think they'll find a way to allow a further £19.5m in order for us not to be punished.
Why?
Because I think the can of worms this has opened has far reaching consequences they haven't properly considered.
There's the "other" clubs yet to be dealt with.
There's the probability of us going into administration due to the commitee "encouraging" those clubs who feel agrieved to sue us, if they do.
There's the question of an ex WHU employee being on the commitee and another with Leeds connections.
There's a far reaching shit show which has exploded in their face including possible government intervention.
How do they make it all go away and have a chance not to fuck it up next time?
They decide that one of the considerations they didn't allow will now be allowed and they're out of the shit, although totally embarrased.
Wishful thinking on my part?
You fucking bet it is.
UTFT.
52 Posted 21/11/2023 at 12:11:06
I've always thought that, Paul. I'm amazed that no one has ever challenged P&S on those grounds.
53 Posted 21/11/2023 at 12:15:07
Should they be successful in this transfer, then it would bring their total expenditure over the last two years to about £10 zillion.
Without the backup of any European pots of gold this season, and also a chance they will not be in Europe next season, plus the massive wages they are paying for players recently purchased on ridiculously long contracts, clearly they couldn't give a toss about the possible consequences if found guilty… which we all know of course, will just be a fine and warnings of “Who's a naughty boy, don't do it again†(Followed by several slaps on the wrist!).
54 Posted 21/11/2023 at 12:16:59
I think you are correct. Overall I felt our defence/mitigation was pathetically weak and filleted comprehensively by the commission. We should not re-run those arguments.
Right up to point 138, the commission followed impressive logic. But then read point 139. Basically it just says, 'we reckon it's worth 10 points'. Why not 5 points? 8 Points? Or for that matter 20 points?
There is an element of arbitrariness about it, which is inevitable given the lack of both a tariff or a decent precedent. I think what we can also do, regardless how stupid our board has been, is rally wider support, which is happening. We may be able to win the PR battle...
55 Posted 21/11/2023 at 12:23:46
Not bloody likely, you've opened a can of worms you can't close now, you're in more shit than us.
An independent commission will surely follow. And what they find what the Premier League have been up to, god only knows. And it's all their own fault.
56 Posted 21/11/2023 at 12:24:20
I read that in the report the commission said he was suspended by the FA, so out of our control.
57 Posted 21/11/2023 at 12:29:47
Basically, what he's saying is that they both have the financial clout to pay the corrupt Premier League off, whilst we don't, hence the points deduction. Had we had zillions in the bank, then probably we would got a fine instead.
You're not calling the Premier League corrupt, are you Mr Aldridge?
Man City and Chelsea told why they won't face Everton-style punishment amid FFP charges
58 Posted 21/11/2023 at 12:41:25
It states, “We have no doubt that the circumstances of this case are such that only a sporting sanction in the form of a points deduction would be appropriate. A financial penalty for a club that enjoys the support of a wealthy owner is not a sufficient penalty.â€
Let's see the Premier League wriggle out of that one with Man City and Chelsea.
59 Posted 21/11/2023 at 12:53:32
60 Posted 21/11/2023 at 12:58:26
How did Notts Forest sign 30 players in one season? Will they have to hold a fire sale to comply?
I would imagine even Burnley will be in trouble if they get relegated. They and Bournemouth, on paper, appear to have overspent their means.
We're just the tip of an iceberg.
61 Posted 21/11/2023 at 13:01:49
There is talk of an aeroplane, getting ready to fly over the Etihad on Saturday, because it will be too dark to send a message over Goodison by the time the game kicks off on Sunday, but upto now the message being delivered is still undisclosed.
My message would say KOPITES ARE GOBSHITES, BUT THEY SHOULD HAVE WON THE LEAGUE A COUPLE OF YEARS AGO, ONLY FOR THE CORRUPT OFFICIALS IN THE EPL, TRYING TO GET EVERTON RELEGATED.
Maybe this is a little bit too long…😂
62 Posted 21/11/2023 at 13:01:54
Presumably that was dismissed on the basis someone on the commission had actually seen us play?
63 Posted 21/11/2023 at 13:03:02
The whole thing just doesn't sit right. We've been in constant dialogue with the Premier Leaguefor the last 3 years. A few months ago we were all thinking that with the key sales we had been forced to make that we could finally get some breathing room.
And then suddenly this all drops on our head from nowhere, 10 points plus 9 points plus compensation to X other clubs just cos we drifted over their arbitrary bullshit limit by £19.5M?
Someone is doing a number on us, I reckon the government are out to get the Russians and their money, and they don't mind torpedoing us in the process if that's what it takes.
64 Posted 21/11/2023 at 13:05:12
65 Posted 21/11/2023 at 13:08:53
I think that the 'Russian' angle is more than a plausible explanation, if we sit back and think about it, who eventually, albeit indirectly, gets the money from the sale of Everton?
The value of Everton will plummet with every blow it receives and it does seem that we will likely have to take a few more heavy punches in the near future.
66 Posted 21/11/2023 at 13:20:44
I'm starting to think that for some time they've probably thought that a 10-12 point point deduction would do the job, and make the roof fall in.
And then along came Sean with his three away wins, and so they had to add in the reference to other clubs suing us, just to make sure.
67 Posted 21/11/2023 at 13:27:21
I heard words to this affect yesterday Barry, with regards it probably being the best thing that could have happened to the purchaser's of Everton, from a person that told me he was very confident it's not going to be 777.
I also think this is very plausible Kevin.
68 Posted 21/11/2023 at 14:15:39
They have set up collection points around the ground where we can collect the corrupt signs which they have asked that we display when the teams line up and 10 minutes into the game. I can only assume the club cant let the signs be put on seats inside the ground as maybe the appeal panel may see that as cohesion.
So I hope everyone collects their signs before entering the ground on Sunday. I am sure Lyndon and Michael will do a post about this nearer match time.
Because it will be quite dark when we kick off so they decided to fly a plane with a banner over the Etihad for the Saturday early kick off between city and Liverpool.
I can only thank whoever is responsible at 1878 for the great work they have done in the past and for arranging this protest at the weekend. Also as someone said nobody encroach on the pitch, as we don't want to give the Premier league any excuse to land the club in a worse position. We want everybody to be on our side in this argument and to show we will protest vehemently without breaking any laws.
69 Posted 21/11/2023 at 14:49:06
1878 The Originals. We Shall Not Ever be Moved
Maybe something related to the Prisoners of Prince Rupert's Tower might be apt?!!
70 Posted 21/11/2023 at 14:52:48
Who remembers this...don't think we need any more for the Premier League to think about
71 Posted 21/11/2023 at 14:55:49
Posted by PabloMc2User Info on November 21, 2023, 12:40 pm
should be interesting...
Cards
Plane
Flags (1) Flags (2)
Not convinced about the plane personally, but fair play to them - and I'm delighted that the cards are finally happening, 19 years after suggesting something similar for The Truth protest and to NSNOW/AllTogetherNow/The1878s several times over the last few years!
It should look pretty impressive visually - especially if the Man Utd fans join in...
72 Posted 21/11/2023 at 15:15:19
73 Posted 21/11/2023 at 15:32:11
https://twitter.com/The1878s/status/1726933484017488258?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet
74 Posted 21/11/2023 at 15:37:01
Some of the key sponsors of the English Premier League are Sorare, EA Sports, Budweiser, Nike, Barclays, Hublot, Oracle, Castrol, Avery Dennison, and Panini. Sorare has the highest number of deal values.
75 Posted 21/11/2023 at 15:43:55
Running such huge losses for almost the entirety of Moshiri's ownership is and should be unacceptable to all Evertonians and we have to ask, has it been worth it?
76 Posted 21/11/2023 at 15:50:18
I won't parting my already stretched monthly wage on a corrupted big 6 obsessed organisation.
77 Posted 21/11/2023 at 15:52:26
I'm hoping that all this is the catharsis we need to shake off our long Premier League blues starting with Man U. So COYB!!! let's turn it around for good and return to pre-Premier League competitiveness. In microcosm I took a look at our all-time record against Man U versus our Premier League record against Man U and here are the tallies:
PRE PL ERA Total Matches 148
Wins 59 (39.8%), Draws 32 (21.6%), Lost 53 (35.8%).
PL ERA Total Matches 63
Wins 8 (12.7%), Draws 15 (23.8%), Lost 40 (63.4%)
Let's banish this once and for all!!
78 Posted 21/11/2023 at 15:54:12
79 Posted 21/11/2023 at 16:11:16
Smashing up a coach. Ticketless supporters climbing barriers in Athens to prevent access to many who did have tickets.
The Paris incident, but not their fault.
And let's not forget the 39. The worse offence by a club in English history yet we all got punished. For five years.
I told you. You've started me!! I need to vent on something and the cousins seem a natural darts board.
I wish it was Sunday right now. Bizarrely I can calm down then.
80 Posted 21/11/2023 at 16:14:32
I don't suppose your mood will be improved when the appeal results in the decision that the 10 points should indeed be returned to Merseyside, however, not to Everton but to the other lot! Only joshing, got to take the fun, where you can find it.
81 Posted 21/11/2023 at 16:16:16
That would imply that 777 do not in fact have a cast iron sale agreement with Moshiri with the much discussed performance criteria in it (the effect of which is to ensure Moshiri pays in full for the costs of this debacle through a much reduced payment for his investment to date)
Does your contact suggest this agreement is not in force? I guess anything is possible in this febrile environment and the most concrete information we have about the club is in the Commission's findings, but apparently 777 have already put £50-80m in the coffers. Moshiri has clearly ceased to want or be able to fund the stadium and our cashflow.
But I also gather that 777 money is not senior debt, in which case they are taking a hell of a risk in losing some or all of that, if they can't force through a sale.
82 Posted 21/11/2023 at 16:16:41
83 Posted 21/11/2023 at 16:38:20
84 Posted 21/11/2023 at 16:40:36
Just another point of the 17 Merseyside MPs only 6 has signed Ian Byrnes early day motion, and no surprise of the ones who have voted for it not 1 is a Conservative. Mind when did they ever consider fairness in their decisions.
Finally Danny, we should be grateful that our local MP Ian Byrne, and our Mayor Steve Rotheram both Reds have been very vocal and vociferous in our defence and attacking Liverpool FC on this matter does you no credit at all. Just like Hillsborough this is something that unites the City and not divides us.
85 Posted 21/11/2023 at 16:48:16
I believe that the panel who assessed our case, was automatically intended to sit in judgement of the compensation award. I also seem to remember it was the same KC David Phillips, who in May 2023 decided that the aggrieved clubs which he listed, could, if Everton were found guilty, proceed to claim compensation.
The points appeal panel, will be completely separate and different to, the one that heard our original case.
86 Posted 21/11/2023 at 16:51:18
For 21/22 with a £180m turnover their transfer debt is £130m
For 22/23 with a forecast £205m turnover their transfer debt is further 171m
This season their transfer debt is £108m and who knows what they'll do in January. Ok, CL football will give them an uptake but still, their turnover will only push to around £260m and they're currently 6 points of getting there again.
Thats a combined transfer debt of £409m over 3 years.
Bear in mind too that they already had a transfer debt of a combined £75m for seasons 19/20 & 20/21.
Their wage to turnover ratio is currently 94.6%.
Sound familiar?
Wolves have sold over £180m worth of players to remain compliant which has killed any chance of them having any European aspiration.
87 Posted 21/11/2023 at 17:00:26
If any other club outside of that cabal finishes in the top spots, tough!, you can have a European tour in the lesser competitions, even if one of the super six has a mare of a season and is relegated.
That would save any club outside of the cabal from being overly ambitious and curtail their spending. If that doesn't fix the issue, keep the cabal happy and lead to better fiscal controls of those clubs outside of the cabal, I don't know what will.
88 Posted 21/11/2023 at 17:12:05
Although I do think he may be misinformed in believing that the compensation will require lots of money in legal fees for the aggrieved clubs to continue with their claims.
89 Posted 21/11/2023 at 18:11:56
The detailed information has given so much confidence that they all now have turned these analytical skills onto the Premier League, where holes are appearing, providing ready made fodder for the Media beast, which will be relentless in their pursuit of answers. This all will get more intense as time goes on.
90 Posted 21/11/2023 at 18:14:54
91 Posted 21/11/2023 at 18:27:46
This whole thing reeks worse than a Tommy Smith jockstrap and it's fairly obvious these odious c**ts are trying to fuck us right over. For what end I'm not sure. But if clubs start legal proceedings so that some poxy solicitor can rake in even more cash the game is finished. Especially if it's the same bunch on that panel, who obviously have an agenda. How it's come to this, even with all the mismanagement is just astonishing. It's so blatant. They're like a bunch of drug addled psychopaths looking for their next victim and we're it. Let's fuck the lot of them and get angry at our treatment. Never forget.
92 Posted 21/11/2023 at 18:38:20
Outlay on a stadium like that is about as far removed as you will get from the speculative, jam-tomorrow transfer spending which football's financial sustainability rules are designed to prevent.
IAN HERBERT: The goalposts moved in Everton's case...that's why punishment is so unfair
93 Posted 21/11/2023 at 18:40:57
Should 777 Partners be given the go-ahead to takeover Everton, that vote, would possibly be of an advantage to our club, given that 777 Partners have so many clubs in their portfolio.
94 Posted 21/11/2023 at 19:03:13
As you say, that depends on whether they receive permission to be given the go ahead, and what are the standard of players in these clubs.
95 Posted 21/11/2023 at 21:07:36
If it wasn't so much more than a game it would be something to laugh off and I seriously hope there's a happy ending here but then I've been living off my 80's memories for decades now and it appears written.
Good luck everyone and hold on to the good memories.
96 Posted 22/11/2023 at 10:57:11
If it's the former that implies the clubs will have to sue Everton in the civil courts for financial losses caused by Evertons breach of the rules.
In this case then the burden of proof is on the plaintiffs to prove actual loss and be specific as to the amount and when and where it occurred.Which games did they lose as a direct result of Everton's breach?
Not an easy task,even with the result being decided on the balance of probabilities,and very costly should they lose.
If it is the commission that decides then it simply demonstrates even more that it is a kangaroo court not fit for purpose
97 Posted 22/11/2023 at 11:59:02
Amongst all the righteous fury it's understandably easy for this previously mentioned link to get lost.
Personally I think it's an excellent idea to raise money for coordinated supporter demonstrations of this anger. The PL would prefer this to play out in the background with their phony legal process. Let's not let it.
98 Posted 22/11/2023 at 12:26:33
ie we may get a RB on loan just because he plays for say Vasco or Genoa, when there may well be far better options for other clubs. We may be forcefully encouraged to take the lesser player with a view to improving him and his value which to our detriment may not work out.
99 Posted 22/11/2023 at 12:38:33
I agree, but like all of the other clubs in the division, Everton will only vote for stuff that they think will be of benefit for their own purposes. This particular vote may not benefit Everton in any way as there's a chance that 777 Partners will not get the deal over the line.
I also tend to believe, with or without 777 Partners, that we will be scraping the bottom of the barrel looking for players from anywhere, that are as cheap as chips and probably not of the standard that we'd like to see representing our club, but that's where the financial mismanagement of the club has led us.
Is there any light at the end of this dark, dark tunnel which we find ourselves in?
100 Posted 24/11/2023 at 22:58:00
They are as much a part of the club as the first team, and would have had as much 'sporting advantage'...?
Just a thought.
101 Posted 24/11/2023 at 23:15:00
Because expenditure on women's, youth football etc is excluded from the P&S calculation.
102 Posted 25/11/2023 at 13:13:01
My take on Player X is somewhat different. In Para 29: Everton had signed Player X in 2017. Player X had proved to be a star player for the club. In July 2021 Player X was arrested. The FA suspended Player X from all football activity.
Notwithstanding that this was the correct action of the regulatory body, they did so in the knowledge that it effectively 'wrote off' a salable asset and this should have been part of the calculations. The fact that Everton didn't pursue the player for damages is neither here nor there.
But the overview I get is that, if we hadn't decided to move to a new stadium or funded it a different way, we wouldn't be in this mess. The fact that the stadium will fundamentally change Everton's finances was almost brushed aside.
I'm willing to bet that the Premier League will rule that the Chelsea and Man City problems are 'different' than Everton's and they will receive a slap on the wrist.
103 Posted 27/11/2023 at 22:17:47
For arguments sake let's say we swapped places with Leicester, that would have still left Burnley or Leeds in the Bottom 3, would have just been a case of Everton being in the Bottom 3, and the highest placed bottom three team switching places.
So surely two or more teams cannot possibly claim, just the team that finished 3rd bottom has a half-decent chance of a claim.
104 Posted 27/11/2023 at 22:34:06
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