Alarming corporate governance chasm at SFA

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Campbell Ogilvie was an executive director of Rangers for the first five years of their Employee Benefit Trusts and during their earlier illegally-executed tax avoidance Discount Options Scheme.  He received a ‘loan’ from a Rangers EBT, which he has not repaid and is not expected to repay, and recently described his company responsibilities during this period to a friendly journalist as being administrative, and then legislative.

He has been a director of the SFA for 22 years and is now president.

During the period when Ogilvie was director of both Rangers and the SFA the club illegally registered dozens of footballers with the SFA.  All directors are responsible for actions of a company, executive directors especially so.  Those who represent themselves as having administrative and legislative roles, absolutely so.

SFA chief executive, Stewart Regan, yesterday defended Ogilvie’s shameless refusal to resign by offering a defence which echoed Rangers ‘Craig Whyte acted alone’ defence, which was comprehensively dismissed by the SFA Judicial Tribunal.

Regan said, “We have had very clear feedback that the president was not involved in any letter or correspondence with regards to player EBTs.

“We are all aware of businesses being run where you have one owner and operator running the club and a number of directors sitting below. The way this process has been managed, a lot of this correspondence was done much higher up the chain than Campbell Ogilvie.”

This is cringe-worthy nonsense and gets to the heart of the lack of corporate governance at the SFA. Mr Regan is not qualified to assure us that Mr Ogilvie has no case to answer. That is not a judgement for him to make and is certainly not an inference that can be made on the basis of private comments from Mr Ogilvie or other former Rangers directors similarly contaminated by this issue.

Before the chief executive can state as fact how Rangers conducted their business, and the limited involvement of Mr Ogilvie, some form of inquiry must have taken place. No such inquiry happened.

“We have had very clear feedback”, said Mr Regan. Who is “we”, was it an independent panel that received this feedback, or did Mr Regan deal with this personally? Who gave the feedback? Was Mr Ogilvie subject to the same independent scrutiny as anyone else in the game, from Neil Lennon to Craig Whyte, or was this passed off with a handshake?

Mr Regan’s failure to recognise the serious corporate governance failures in his conduct is alarming. We don’t need this guy to know the offside rule but he has to understand good corporate governance requires questions against your president to be openly and independently investigated.

When these are our standards, what else is the executive turning a blind eye to?

Mr Regan was careful to limit his claim on what Mr Ogilvie was not party to. “We have had very clear feedback that the president was not involved in any letter or correspondence with regards to player EBTs” sounds like a substantial piece of information but it’s not.

This only claims that Mr Ogilvie did not author any side letter or contract relating to an EBT, which is not in doubt. The important issue is clearly Mr Ogilvie knew dozens of players had EBTs, he knew football players’ remuneration is subject to detailed written contracts and he knew all money paid to a player, from any source, in relation to football, must be detailed on his contract and registered with the SFA.

For Rangers players’ EBTs to be consistent with SFA and Fifa requirements they would need to be completely discretionary, an optional extra the players were unable to rely on. Mr Ogilvie, the Great Football Administrator, knew all of this.

Instead of good corporate governance we appear to have a self-certified president – we know Mr Ogilvie did nothing wrong because Mr Ogilvie said he did nothing wrong. He is at once, a Great Football Administrator and unaware of the football administration actions of the company he was legally responsible for.

Ogilvie was an executive director of Rangers.  It was his responsibility as a director of Rangers to ensure that the club contracts and legislative responsibilities were conducted in a proper manner.  He was simultaneously a director of the SFA.  It was his responsibility as a director of the SFA to ensure the Association was run in an even-handed manner, that one club – his club or any other – could not load the dice.

Regan went on to say “Since February 14 he has had no involvement at all in any board meetings, any decisions or any meetings with the club.”

It is reassuring that he has withdrawn from an important part of the legislative process of the SFA but his prominent participation in yesterday’s AGM confirms that his influence in other areas remains.

Regan added “[EBTs] are illegal if they are used knowingly in an incorrect manner. That is something we are still waiting for facts on.  But I am satisfied that Campbell has discharged his duty of care.  He has done everything we could have asked of him and, so far as his integrity is concerned, he is a man with many years as a highly respected administrator across the game of football in Scotland.”

“So far as his integrity is concerned….many years …. respected administrator”.  Those words may bring to mind all those years Ogilvie was at Ibrox while Rangers sectarian signing policy was in place.

Regan dismissed calls for his own resignation, no doubt confident he can self-certify his performance.

I am hugely reluctant to open a political debate, but does the painful lack of accountability and scrutiny in Scotland not alarm you? The actions (inactions) of Ogilvie and Regan would never be accepted in England, where structures exist to hold officials to account. As a relic from Rangers sectarian signing policy days, Ogilvie would be regarded as an embarrassing dinosaur, he would never be made president! The ability for officials to state facts without an inquiry would never be tolerated.

We look more like a rotten borough than a country with the mechanisms necessary to nurture a successful state. Where’s your voice now, Mr Salmond?

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  1. 3.Any offer should recognise that the club

     

    cannot be run on purely business principles.

     

    The club has a “soul”, a history, and a

     

    tradition going back 140 years. Our children

     

    and grandchildren are entitled to the same

     

    legacy that our father’s and grandfather’s

     

    bequeathed to us.

     

     

    ——————————————————–

     

     

    thats a “we arra people” statement from the bold Dave King is it not ?

  2. garcia lorca on

    Great, incisive piece Paul and inevitably succinctly delivered a right- on – the – nail addition from TB . Well done to both of you.

     

    Consider this . Campbe O was an executive director of Rangers with, as TBB outlined fiduciary duties to understand what was going on round the Board table. He had collective responsibility for decisions and a duty of care to shareholders.

     

    So when they signed a new star player it never crossed COs mind that the club was acquiring players os some standing at remarkably low rates of pay. It was his duty to observe and ask questions.

     

    So how was it. He didn’t ask and was incompetent. Or he did ask and was complicit.

     

    Regan’s comments are quite simply beyond belief and probably portray either a corrupt organisation or one. It fit for purpose.

     

    One troubling aspect, at least for me, is the role of Eric Riley- Celtic’s representative- in all of this.

     

    There is a time to speak and there is a time to remain silent.

     

    Our patience with this charade is being tested.

  3. merseycelt lmfao as the big house door slams shut on

    lochgoilhead bhoy on 7 June, 2012 at 18:16 said:

     

     

    merseycelt lmfao as the big house door slams shut on 7 June, 2012 at 18:13 said:

     

     

    Have you renewed your season ticket?

     

    —–

     

    As you have failed to acknowledge my response, please dont ask me a question again!

  4. 3. Why no action against the huns over the delay to release information about the dual contracts?

     

     

    Answersonapostcard CSC

  5. Nobody is entitled to a legacy! It’s a business! It has no divine right to exist!

     

     

    Forcryingoutloud CSC

  6. leftclicktic on

    alex thomson‏@alextomo

     

     

    Rangers: time to make HMRC explain the delay in verdict on Big Tax Case. Onto them tomorrow.

  7. People I don’t trust. David Murray, Craig Whyte, Paul Murray, Charles Green, Dave King, Brian Kennedy,Duff + Phelps.What are we meant to do?

     

     

    @BMCRangersrants

  8. merseycelt lmfao as the big house door slams shut on

    Best news of the day.

     

     

    Welcome back Tomo!

     

     

    HH

  9. Joe, still have to hope that they get the hammering they deserve. The Europeans must act if the Scottish lot do not.

  10. lochgoilhead bhoy on

    merseycelt lmfao as the big house door slams shut on 7 June, 2012 at 18:45 said:

     

     

    OK

  11. Monaghan1900 on

    leftclicktic on 7 June, 2012 at 18:47 said:

     

    alex thomson‏@alextomo

     

     

    Rangers: time to make HMRC explain the delay in verdict on Big Tax Case. Onto them tomorrow.

     

    ————-

     

    It’s got nothing to do with HMRC. The Tribunal itself is responsible for producing the judgement.

  12. merseycelt lmfao as the big house door slams shut on

    lochgoilhead bhoy on 7 June, 2012 at 18:54 said:

     

     

    merseycelt lmfao as the big house door slams shut on 7 June, 2012 at 18:45 said:

     

     

    OK

     

     

     

    Words fail me!

     

     

    ***!

  13. good evening cqn

     

    Off subject,wonder what happened to that guy on Sky Sports Rankers Supporter,with his five minutes of fame,who long ago memory not to good with me,for people to donate to the fighting fund ,and where did all that donated money go(a lot of cqn members should hang their head in shame

     

    Euros bet my whitecrook tim put on today

     

    France to win tournament outright 10/1 5£

     

    Top goalscorer Karim Benzema 14/1 5£

     

    hope it is not a donation to William Hill

  14. fergus slayed the blues on

    IMO the SFA should be aware that if/when they assist ragers new club to stay in the SPL they will be straight into the civil court to argue that a new club cannot be held responsible for an old clubs punishment .

     

    Regan you have been warned

     

    HH

  15. Thomo back on the ball on Twitter:

     

    Rangers: time to make HMRC explain the delay in verdict on Big Tax Case. Onto them tomorrow.

  16. !!Bada Bing!! on

    fergus-that’s the big worry mate,these cheating hun criminals come back as a Newclub ,with zero punishment.

  17. merseycelt lmfao as the big house door slams shut on

    lochgoilhead bhoy on 7 June, 2012 at 18:54

     

     

    Question for you, pal!

     

     

    SNP supporter, perhaps?

     

     

    silenceisgoldenCSC

  18. Joe Filippis Haircut on

    Big Mike. Just how confident are you that they will get ther just deserves ? each passing Day to me it looks less lightly. H.H.

  19. Glendalystonsils likes a mr whippy with his lime green jelly on

    We will obviously have to look outwith Scotland for someone with the moral fibre to deal with this farce.

     

    The fabric of scottish society is clearly not woven with moral fibre!

  20. leftclicktic on

    How many peple do you think will be applying for an” newclub”

     

    licence when 1872 gets exterminated.

     

    King,Green,TBK,Whyte,……………………..

  21. Lets be honest, there are junior teams with a more glamouros pre-season than rangers.

  22. sixtaeseven: No NewClub in SPL and it's Non-Negotiable! on

    Couple of questions, would be grateful if anyone has any info:

     

     

    1. Is it true that the Institute of Public Administration are investigating Duff and Phelps, and what could be the consequences for them (and the admin process) if they are found to have been abusing their situation?

     

     

    2. If, as reported this evening, Hector brings in “neutral” BDO for the Liquidation will BDO be acting in the interests of the RFC (like D&P) or the creditors (unlike D&P)?

  23. tomthelennytim on

    TheGreenManalishi – if you are out there.

     

    Changed phone and lost email details etc. We need to arrange for “a pint” for next Thursday. It looks like ‘D’eid Day.

     

    Give me a shout.

  24. fergus slayed the blues on

    Bada

     

    If the SFA/SPL were even interested in dealing properly with ragers they would have been dealt with by now ,it is that simple .

     

    The fact nothing has been done to them thus far is a F&^%&%g joke

     

    Only I ain’t laughing .

     

    HH

  25. fergus slayed the blues on

    starry plough on 7 June, 2012 at 19:07 said:

     

    That is our money and there is no chance of the ragers paying it back ,what the hell are HMRC doing about this .

     

    HH

  26. Son of Warsaw on

    Lamont on BBC may as well be wearing a RFF t shirt.

     

     

    Totally scunnered, corruption and fraud in clear view.

     

     

    Please tell me it’s not going to end like we always thought it would…..

     

     

     

  27. So where are we….?

     

     

    Big tax case ?

     

    Tax not paid for last season?

     

    Unfit owner?

     

    Ticketus bumped?

     

    Luquidation?

     

    CVA not accepted?

     

    Players free to leave as Whyte still in charge?

     

    King alleging he has first dibs on MBB shares?

     

    Green wanting to rename minty park?

     

    But green doesn’t own rangers ?

     

    Is he going to buy rangers?

     

    Who is his backers?

     

    Are they fit and proper?

     

    Or have they backed out?

     

    Are they guilty of dual contracts?

     

    Are they banned from Europe?

     

    Are they staying in SPL ?

     

    Are they going to 3rd div

     

    Are they getting penalties ?

     

    Will they be a newco ?

     

    Is the SFA president guilty of knowing ?

     

    Will ticketus or rangers get season book money

     

    Will there be criminal charges?

     

    Is king fit and proper?

     

    Is Paul Murray?

     

    Will the sky deal be scuppered ?

     

    Will dunfermline sue if relegated?

     

     

    Will there be any answers ?

     

     

    Since valentines day NOTHING has been resolved and there is NO answers

     

     

  28. Any offer should recognise that the club

     

    cannot be run on purely business principles.

     

    The club has a “soul”, a history, and a

     

    tradition going back 140 years. Our children

     

    and grandchildren are entitled to the same

     

    legacy that our father’s and grandfather’s

     

    bequeathed to us.

     

    ============================

     

    That’s 120 years of naked sectarianism + 20 years of cheating

  29. Joe, just cannot believe that they will get away with the lot. Really even our corrupt football authorities are digging a massive hole for themselves if they try to sweep it all under the carpet.The fact is they cheatin huns have just done too much for this to happen! Surely?

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