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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To quote Proust:
As soon as one is unhappy one becomes moral.
If that’s the case then Ogilvie, Regan, Donkey et al must be as happy as pigs in s***.
I am getting confused here boys.
Rangers are dead.
Their protection rackets although exposing themselves are not.
Newclub will happen.
HMRC get their precedent.
SKY get their product.
All those who think that there will not be a newclub representing the huns at some point this season let me hear your odds and make them in line with your confidence.
I reckon none of you are the betting type or have plooks still.
HH
Mort,
My particular preference would be,
“use powers to investigate previous directors and can attempt to recover from directors funds for the creditors pot if directors acted outwith their powers.”
Assets frozen for duration of investigation then dissolution and asset sale :o)
Can believe peope are saying quiet day and discussig irrelevances like the sfa.
HMRC announced they have appointed liquidators, IMO the biggest announcement so far.
Mort on 7 June, 2012 at 20:02 said:
…Creditors have agreed to that and have also agreed to allow all assets to be sold to Green for £5.5m if CVA fails.
Sorry mate not read everything this evening but could you clarify the above please…they have agreed to sell assets for £5.5 million if CVA fails. I maybe taking the wrong inference but this suggests that having seen the CVA proposal (or as I and a knowledgeable call it a bit of paper with some figures on it) the Creditors have agreed in advance of the meeting to allow Green to acquire assets for £5.5 million; this includes HMRC.
I cannot see HMRC allowing assets to be sold for said amount. They will have been carrying out their own valuations in advance of any the bit of paper with figures on it (CVA proposal). Whilst their independent valuation (unlike D&P’s) will not be anywhere near £100 million they will be far more than £5.5 million.
Could you set me straight mate, have I got the wrong inference?
Keep the Faith!
Hail Hail!
Today, Duff & Phelps released the results of the 20th April creditors’ meeting. You can see it here. It is clear that the resolutions, as they stand, are now as modified by HMRC, rather than as originally framed by Duff & Phelps. As is not surprising in this saga, matters are not clear yet.
There is some discussion about whether or not the resolutions allow a sale of the assets of Rangers to Charles Green without further creditor approval. I frankly do not see the point of the tightening up of the Resolutions, unless it gives HMRC power to “interfere”. Why would they have revised the Resolutions to put in place their own liquidator, if only to allow a sale of assets at an alleged knockdown price? I think there is enough ambiguity, as I mention below, to meet the requirement of HMRC which is that a CVA needs to be approved by creditors; an asset sale needs to approved by creditors; and if those options are gone, because Mr Green walks away, then BDO come in as liquidators.
http://scotslawthoughts.wordpress.com/2012/06/07/duff-phelps-finally-release-the-results-of-the-creditors-meeting-on-20-april/
Mort on 7 June, 2012 at 20:02 said:
I don’t think so. I think you are mixing up the “statement to creditors” sent out in April and the CVA proposal sent out late last month.
“All assets to be sold to Green for £5.5m if CVA fails” was in the latter. Today’s letter refers to the former.
In my view today’s letter says that if the CVA proposal is voted against (which will happen) then HMRC will appoint BDO as liquidator. Green gets nothing unless he is the highest bidder for the assets.
Anyone got a good link to the 67 european cup final?
Its on youtube in parts but would like the whole game.
cheers
Knoxy
I think SDM ate the SFA Spine long ago like a small diced smoke sausage in his Smorgasbord of corruption…washing it down with a couple of bottles of fine wine.
From an RTC Poster
Looks like hector have picked a good man fer the job:))))
——–
Malcolm Cohen – Partner BDO
From website
Biography
Malcolm is a Licensed Insolvency Practitioner with thirty years business restructuring and insolvency experience. Malcolm has extensive knowledge across a range of sectors including professional services, financial services, property , shipping and not for profit. Malcolm leads the firms’ Contentious Insolvency Team, this team is dedicated to recovering assets through litigation, cross border investigations and uncovering fraud.
Evening Celts, I see a load of upset, anger and worry regarding rangers and their cheating ways, I say dont worry Celts this is close to the end game for the Huns, their bones will be fought over as Scottish football survives and prospers without the rangers must win at all costs mentality.
As has been mooted, the alternative is the deathknell of Scottish football, we will survive by moving out of a corrupt Scottish football organisation.
Enjoy the show Celts and as Bob Marley says …. Don’t worry about a thing, cause everything is Gonnae be alright!
Hx2
Bundoran Bhoy – Saying NO to Newco!! on 7 June, 2012 at 20:29 said:
FourGreenFields on 7 June, 2012 at 19:48 said:
Enjoy this moment in Celtics history, they are drowning and going to pull the lifeguards (sfa) down with them.
Whistle whilst you work :-))
There’s a “little” in there, but I Didnae want to be little it!
Hx2
Bundoran boy are the badges on the way,or have you gone into administration
Vmhan
Columbian ?
HH
Paddy G
I see we’re singing from the same hymn sheet ( thumbs up).
Hx2
Vmhan on 7 June, 2012 at 20:37 said:
Always comrade :-)
Awe Naw ye got me!
Wonder what green is going to say to the fans if uefa publish new directives which state that a club that exits administration through a cva are subject to the same penalties as a new club – 3 years with no euro football
Vmhan:
In seed time learn, in harvest teach, in winter enjoy.
Drive your cart and your plow over the bones of the dead.
William Blake.
Proverbs of Hell.
leftclicktic on 7 June, 2012 at 20:24:
Good evening my friend. It is not a case IF the CVA fails it is WHEN…
You better believe I still smell it…
I smell liquid…
Keep the Faith!
Hail Hail!
whitecrook tim on 7 June, 2012 at 20:36 said:
Badges are in production mate, im struggling thru with everything as CRC is sunnin himself in Spain ;-)
CRC HURRY BACK N DO SOME WORK!! ;-)
HH
All man can betray is his conscience.
Joseph Conrad.
That may be, but it is a BIG betrayal.
Truth’s traitors gang at Hampden like wolves in a dark den.
A billion pound to keep timmy down. Sadly hating timmy is far more important than trying to trump our achievements and development. It is something they will do for nothing voluntarily. Leeches fall of when they are full but they are ready for action a few days later.
HH
The smell of shit can only be nullified with one thing, more shit.
If it wasn’t so serious we would be all be laughing our heads off.
They are beyond resurrection.
Vmhan
Whats in yer pipe ?
Not coffee ;-)
HH
leftclicktic on 7 June, 2012 at 20:33:
BDO were close to being appointed the Administrators instead of D&P.
Keep the Faith!
Hail Hail!
given that HMRC can block the CVA, there may be some significance in them indicating who the liquidators will be….or am I jumping the gun here???
Phil Macs latest
http://www.philmacgiollabhain.ie/the-hinge-factor/#more-2782
HAIL HAIL
Fifa has circled Scottish football- but are acting like a shark with false teeth.
UEFA are Jaws with dentures.
Our salvation comes from elsewhere: the huns slit their own throat long ago.
leftclicktic,
your a silver tongue devil :o)
love that BDO CV
come on lhads BDO acronym of
Found a Celtic trivia book that I had bought. States we only lost 26 games while winning 9IAR great stat.
Question for older bhoys what postion would a half back be in today’s game.
I did say don’t worry, how’s about this at CP mi amigos!
don’t worry about a thing
I hope the link works after me typing out the code on the bliddy phone, Ach as I said why worry :>)
Hx2
Question for older bhoys what postion would a half back be in today’s game.
two quarter backs
Vmhan on 7 June, 2012 at 20:34:
Exactly my friend, they are dead.
We need to take some chill pills, relax and enjoy the ride.
HMRC are and will continue to work in the background, just like the Jackal in the book of Frederick Forsyth. They are not as I have said on more than one occasion allowed to air their views in public. I look forward with great anticipation to ‘The Day of the Jackal’.
Keep the Faith!
Hail Hail!
Mort on 7 June, 2012 at 19:56
Many thanks for that reply, I learned a lot there!
Evening bhoys, very warm, but as ever hun free.
Haven’t had a chance to read back, caught a bit of the news earlier about HMRC wanting to appoint BDO as liquidators, seems like the end game is upon us then.
What next for the corrupt SFA/SPL ?
Awe Naw
Odds for a hun playing in scotland next season.
I swither from odds on to odds against, presently am at evens.
The powers are doing everything they can to assist thems, any other club would be gone by now.
The only hope of no huns will be the infighting, hun on hun, and it’s cranking up a notch or two now.
Can’t get my head around HMRC accepting a sale to Green for 5.5 mill, that is insanity.
Paddy Gallagher:
Beyond a proper Christian Resurrection. Yes.
What the powers at be are attempting is bad juju: a Voodoo Golem hun wandering about like an evil zombie drone- will it make any difference. No.
But it is worrying that anyone would even try to galvanize the criminals corpse.
Lennons Passion
Midfielder.