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What will you do if new Rangers are allowed straight into SPL?  

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From the BBC -

"SPL commission, chaired by Lord Nimmo Smith

"Between the years 2000 and 2011 The Rangers Football Club Plc (now known as RFC 2012 Plc (in liquidation) and referred to in the decision as "Oldco"), the owner and operator of Rangers Football Club ("Rangers FC"), entered into side-letter arrangements

with a large number of its professional players under which Oldco undertook to make

very substantial payments to an offshore employee benefit remuneration trust, with the intent that such payments should be used to fund payments to be made to such players in the form of loans

(2) Those side-letter arrangements were required to be disclosed under the Rules of the Scottish Premier League ("SPL") and the Scottish Football Association ("SFA") as forming part of the players' financial entitlement and as agreements providing for payments to be received by the players;

(3) Oldco through its senior management decided that such side-letter arrangements should not be disclosed to the football authorities, and the Board of Directors sanctioned the making of payments under the side-letter arrangements without taking any legal or accountancy advice to justify the non-disclosure;

(4) The relevant SPL Rules were designed to promote sporting integrity, by mitigating the risk of irregular payments to players;

(5) Although the payments in this case were not themselves irregular and were not in breach of SPL or SFA Rules, the scale and extent of the proven contraventions of the disclosure rules require a substantial penalty to be imposed;

(6) Rangers FC did not gain any unfair competitive advantage from the contraventions of the SPL Rules in failing to make proper disclosure of the side-letter arrangements, nor did the non-disclosure have the effect that any of the registered players were ineligible to play, and for this and other reasons no sporting sanction or penalty should be imposed upon Rangers FC;

(7) As noted in the Commission's earlier decision made on 12 September 2012 there is no allegation that the current owner and operator of the club, The Rangers Football Club Limited ("Newco"), contravened the SPL Rules or could be held responsible for any breach by Oldco;

In all the circumstances the Commission has imposed a fine of £250,000 on Oldco.""

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To be honest, if all the panel was deciding if Rangers broke rules by not declaring the EBTs to the SFA then I reckon the fine is about right....never mind it will never be paid.

The club didn't gain an advantage by not declaring the 'side letters' to the SFA. The side letters would still have been there whether they were declared or not, so I agree its an administrative error, hence the fine.

The bigger question is whether the EBTs should have been allowed in the first place. My understanding is the big tax case (currently under appeal) found they were ok to use....so I don't see where people think there is an issue of 'cheating'. IF the tax case had gone against them (or is turned on appeal etc) then THAT would be an issue to strip titles etc over.

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No more than expected, however...

I've just had a quick read through but it seems to me that the prosecution [sFA/SFL] submitted a deliberately obscure watered down charge which may have left LNS no option when coming to a decision.

"First of all, as a result of the way the Notice of Complaint was phrased, the

Commission did not consider that Rangers had been properly “charged” with the offence of

playing ineligible players in the period before 23rd May 2005. Accordingly it was only

the period from that date which was considered".

"The Commission has found Rangers Football Club PLC, (now RFC 2012 PLC) which is in

liquidation and which the Commission referred to as “oldco” as will I, guilty on all

four counts, namely three of breaching the rules regarding non-disclosure of information

regarding payments to players, and the fourth of failing to co-operate with the SPL by

providing information when requested to do so".

[i.e. Destroying evidence by, shredding and burning of, which should have been available to present to the courts]

The relevant rule as regards ineligible players states:-

“Any Club playing an ineligible Player in an Official Match and the Player concerned

shall be in breach of the Rules.”

"The key to the Commission’s decision on this point, which in fact changes how the rules regarding registration were thought to act previously, comes from the evidence of the SFA Head of Registrations, Alexander Bryson".

Aha! A change in the interpretation of the rules... what a surprise.

He said that "Once a player had been registered with the SFA, he remained registered

unless and until his registration was revoked".

Therefore, according to this evidence, is it not correct that even if there had been a breach of the SFA registration procedures

the registration of a player was not treated as being invalid from the outset, and stood unless and/or until it is revoked.

So, have I got this right? Are they in fact saying that any club that has in the past been thrown out of a competition after having advanced and then shown to have fielded an ineligible player, can now appeal the decision? Because obviously if the player was registered at all with the SFA, by the new way of interpretation, it must have been valid until it was proved not to be so - and then revoked at a later dat. Surely not.

Edited by Indicator
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Yep, you're either registered or unregistered. There's no middle-ground.

Inevitably the hard of thought will see this as a victory for Rangers or The Rangers or whatever guise they're in now... but the reasoned observer will note a bizarre legalistic slant on the situation.

The 'prosecution' as such did not present enough evidence to highlight the probability of a competitive advantage being gained by non-disclosure, as required by the rules.

Essentially, the payments to players have been deemed lawful by the tax tribunal, therefore no material advantage has been exercised.

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Actually a brilliant move by the SPL when you think about it.

By appearing to shoot themselves in the foot, i.e. by changing the perceived interpretation of the rule on player registration they themselves took the decision regarding inelligible registrations out of LNS's hands. He was then able to say...

"We will ignore any issue of ineligible players, as there were no ineligible players".

If there were no ineligible players SFL doesn't have to rule upon titles or trophys, thus getting themselves out of another jam.

But of course none of us should be surprised, I'm sure nearly everyone expected this sort of outcome. I just won't be making many trips north of the border to watch any senior football in the near future.

Edited by Indicator
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I wonder how Spartans are feeling tonight, having been kicked out the scottish cup for the massive sporting advantage gained by playing a striker, registered for 10 years, who had recently signed a new contract and had only signed it once, instead of twice.

The decision makes a mockery of the rule book. Essentially the decision says that once you have registered a player, he stays registered whether he was registered correctly or not. EG, if Saints signed Ronaldo, but, say, filed out the registration form as 'Joe Bloggs', Ronaldo would be eligible to play in all games for Saints, even after it was discovered his name on the form wasn't correct. And there is no way for the SPL to 'remove' the registration.

Basically, the SFA have changed their interpretation of the rules to suit the situation. This was probably cooked up years ago by Oglive and Co, who, lets not forget are still in charge of things.

I just wonder what a few European clubs will think now that it was clear the players were not registered in accordance with the rules... I wonder if UEFA and FIFA will agree with the SPL interpretation of the rule book, when a lowly European side takes the SFA to court for failing to uphold the rule book, and allowing a strengthen Rangers to deny them champions league football...

Football today proved its as corrupt as cycling was. At least in cycling they had the guts to try and right the wrongs.

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Results out today have three key figures in them.

- in the last seven months of 2012, they have lost £7m at operating level

- at the end of 2012, their cash in the bank was £21.2m

- in December, they raised £22.2m in a share listing on the LSE

Now this means (£21.2 - £22.2) that they would have been bust without the share issue. And also at current burn rate, they will need another cash injection by Christmas next year.

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Results out today have three key figures in them.

- in the last seven months of 2012, they have lost £7m at operating level

- at the end of 2012, their cash in the bank was £21.2m

- in December, they raised £22.2m in a share listing on the LSE

Now this means (£21.2 - £22.2) that they would have been bust without the share issue. And also at current burn rate, they will need another cash injection by Christmas next year.

Obviously no lessons learned so far.

Paying premier wages for third division games.

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· Undertaking of debts of former Rangers Football Club plc of £2.8m (£251,000 remains to be paid in accordance with the terms agreed)

Is this the recently levied fine that was issued to the Old company?

I'm not 100% sure, but it will probably be the last installment due to Hearts for Lee Wallace.

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Obviously no lessons learned so far.

Paying premier wages for third division games.

I disagree, they have learned that they can pretty much do as they please and get away with it, so no change there then. How on earth they are allowed to behave in such a cavalier way ... Even this £250,000 fine it'll never be paid....they will hide behind old co new co guff. Meanwhile the powers that be stand back & let a fiscally unsound team carry on as recklessly as before. It will be interesting to see how the SPL/ SFA handle the car crash that is about to happen with Dunfermline & Hearts. Will they too be allowed to enter league 3 next season if the inevitable happens...I think not! Just when you thought Scottish football couldn't sink any lower! Jacques Cousteau eat your heart out.........?

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Results out today have three key figures in them.

- in the last seven months of 2012, they have lost £7m at operating level

- at the end of 2012, their cash in the bank was £21.2m

- in December, they raised £22.2m in a share listing on the LSE

Now this means (£21.2 - £22.2) that they would have been bust without the share issue. And also at current burn rate, they will need another cash injection by Christmas next year.

Perhaps we should have a whip round to ensure tRFC survive? Every club could contribute a chunk of season ticket cash next summer, all prize money should be redirected to tRFC, and they should get all TV cash, just for being more pure magicer than ever before, tRFC should get first dibs on all players in the Scottish leagues, and can pay them in brown envelopes stuffed with cash, (tax free!)................. maybe then they will forgive us?

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I

Perhaps we should have a whip round to ensure tRFC survive? Every club could contribute a chunk of season ticket cash next summer, all prize money should be redirected to tRFC, and they should get all TV cash, just for being more pure magicer than ever before, tRFC should get first dibs on all players in the Scottish leagues, and can pay them in brown envelopes stuffed with cash, (tax free!)................. maybe then they will forgive us?

Surely, as a gesture of reconciliation, we should be offering to buy all their fans their half time bovril and pies for the duration of the season. And wipe their faces for them when they dribble it down their chins.

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