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. Great article Paul, summing up our general feelings of misgiving about the SFA. You might remember that I’ve been keeping a record of each of your missives since Feb 13th. – you’re now up to 68,000 words on the subject matter! A hero’s effort.

     

     

    BTW why wouyld you be dismayed at ‘the lack of alarm at Holrood’? Surely we are seeing their default position on all matters relating to the establishment club, the club which is a Scottish institution!

  2. If you remember, CO was lined up for this post long before it even became vacant. It was just common knowledge that Campbell was going to take over. Why was that? Why was he a shoe-in at the very time when the Rangers debacle was starting to unfold?

     

    Who were the other candidates and did interviews even take place?

     

     

    Even if he steps down now (which he won’t) you can be sure that another blues brother will take his place.

  3. Dontbrattbakkinanger on

    What happened to the Murray Group Management Ltd. Remuneration Trust money?

  4. Anyway, we can all relax, cos when Regan finally does go, we will have Chairmen from Cowdenbeath to Kilmarnock lining up to hand pick his successor.

  5. Auld Neil Lennon heid on

    Paul67

     

    You know as well as I do that Governments cannot/will not get involved in football.

     

    I have e mails from 3 years ago telling me so. If I can find them I’ll forward them to you.

     

    However that takes nothing away from your accountability argument. We have obtained greater transparency but not accountability.

     

    The way to do that without Government interference is to set up an overseeing body with supporter representation on board to set and monitor standards.

     

    Interestingly there is/was a policy move in England in this direction and perhaps the way to involve the SG without accusations of interfering is to ask them if they have similar plans in place and if not why not.

     

    One way to pressure for change is through the supporter trusts of all clubs.

     

    A letter signed by all of them asking for the Government to help Scottish Football with matters of its own governance in particular accountability would be a start.

     

    The problem is in organising it.

  6. So let us return to every criminal trial in Scotland.

     

    All those people who have been convicted despite the fact that they claimed “it wisnae me” must be released and compensated for the time they have spent inside.

     

    Tell me Mr Regan what is the difference between the now disgraced “fit and proper test” by RFCia and your declared defence of RCO?

     

    RFCia said CW is OK.

     

    You say RCO is OK.

     

    Neither has supporting evidence. Both have significant evidence to the contrary.

     

    You position is no longer tenable Mr Regan.

     

    Time for you to resign.

  7. I'm Neil Lennon (tamrabam) on

    If the chairmen of cowdenbeath and co don’t have the cahoonies to make a decision on RFC after all that has happened then there probably shouldn’t be any place in the professional game for the after this.

     

    I think as fans we should restate that we will bhoycott all away grounds of clubs who vote for newco in the SPL and we should also look at some of the elders of the game who need to be moved on after this debacle is done

     

    The likes of killie and co who claim they cant exist without the huns money should not exist much after that either.

  8. tamstered at 12:01 said:

     

     

    what happened to the du wei transfer monies i need to know

     

     

    It was spent trying to make Zheng Zhi eligible but alas the board messed that up to as we all know Zheng Zhi is still ineligible.

     

     

    Mort

  9. Th dinosaurs may get away with it because the MSM wont force the tippin point on this………..

     

     

    If it had been one of US, we’d have been chased and hounded long, long ago…….

     

     

    Regan has finally shown his hand.

  10. Too many targets in your article, Paul. Focusing on the one key area – Corporate Governance – is the key.

     

     

    Others, no matter their political stripe or club loyalties, should gravitate to that issue. It can be presented in a way that makes it difficult to ignore. That one area is potentially very inclusive.

     

     

    Political aspects will alienate potential allies. The (very relevant) sectarianism issue will only serve to present the issue as a Celtic v rangers issue.

     

     

    Focus, grasshopper….:)

  11. About St Francis Xavier’s…

     

     

    sad to read this

     

     

    William Docherty : Obituary

     

    27th September 2011

     

     

    DOCHERTY William (Coatbridge) Formerly head teacher, St. Francis Xavier College, Coatbridge. At Monklands Hospital, on September 27, 2011, after many wearying illnesses privately borne with great fortitude, dearly beloved husband of Ita McGlone, and much loved and admired father of Terry, James, Margaret, Leo, Cecilia, Eileen and the late Louise, loving grandfather, and respected father-in-law. Funeral mass, St. Patricks Church, St. John Street, Coatbridge, on Saturday, October 1, at 10 am. Requiescat In Pace

     

     

    http://announce.jpress.co.uk/11729152?s_source=jpsc_scot

     

     

    I did not realise. He must have been a good age.

  12. Estadio Nacional on

    anche gli angeli 12:11

     

     

    Done deal, just waiting on Darren Huckerby agreeeing and both will be announced at the same time.

     

     

     

    EN

  13. Joe Filippis Haircut on

    Bhoys. You and I are looking at what is going on and seeing the gravity of Rangers cheating over the years.However,those who matter in Scotland only see it as a storm in a tea cup that they will bend over backwords to ensure the minimum of damage is done to there beloved Rangers you and I and decent supporters up and down the land dont matter.Scottish football is corupt and paying to watch it imo is a plain waste of money.H.H.

  14. jungle jam67 on

    every day i wonder when the hun will meet there doom?

     

     

    115 days of administration fo RIA

     

     

    20 weeks since the FTT case finished

     

     

    13 weeks since the spl asked all clubs about undisclosed payments

     

     

    how much feckin longer……..my ice cream and jelly is melting;((((((((

  15. Good article Paul, other countries must be laughing their socks off at how this is allowed to happen.

     

    Any chance of doing an exposé on W Smith sometime?

     

    You know, the dignified, ” no league extension, the linesman mr Murphy, never signed a player for 3 years, left the club in rude financial health guy? (did he have an EBT?)

  16. Dontbrattbakkinanger on

    Robbie Keane is hoping a good performance at Euro2012 will land him his dream move to the Celts.

  17. BhoyinEngland on

    This is a national embaressment. Only in Scotland, where a leading oifficial of a company receiced £95,000 through an illegal EBT, would they claim he knew nithing about all the other payments.

     

     

    If Ogilvie is not fit to hold onto his position, and let’s be under no illusions, he isn’t. Then Reagan’s thins is wishful thinking. Football in general is having far too many scandals. It is time to clear house. EUFA should be taking control until such time as Scottish clubs get together to appoint a completely new hierarchy to run the game.

  18. Paul67 – wee bit off topic, but whilst Doncaster continues to peddle the line that the Huns have been punished, and that other clubs didnt get a points penalty in the past, compare and contrast these 3 admins.

     

     

    Motherwell – In admin from April 02 – April 04

     

    Manager, Chief exec and 19 players let go almost immediately. Including 1st choice keeper and both 1st choice centre halves. Finished 19 points ahead of relegated St Johnstone.

     

     

    Dundee – In admin from Nov 03 – August 04. 15 players let go immediately, including highest earners and at least 3 first team stalwarts. Finished 20 points ahead of relegated Thistle.

     

     

    So in both cases senior players were let go to reduce costs, but the teams still survived in the top division, albeit they had some further struggles down the line. A ten point deduction would have made little material difference to their season, both would have stayed up anyway.

     

     

    Rangers – In admin since Feb 2012 – 2 fringe players allowed to leave, along with a man who didnt do anything anyway. 3 man coaching team retained. No 1st team players released. Reserve goalkeeper retained, on sizeable wages. Loan player retained from Arsenal ( creditor on CVA proposal). Aluko , Healy, Papac & Kerkar retained Pre-season tour to Germany booked !? (Last year’s hotel a creditor on CVA proposal)

     

     

    Now McCoist would have us believe that they can’t survive if they are not allowed to trade players, yet both Motherwell and Dundee survived, albeit they didn’t challenge for the title.

     

     

    Ogilvie is a distraction they will be happy for everyone to look at.

  19. Dontbrattbakkinanger on

    Celtic have been warned they will have to loosen the purse springs if they want to land their #1 target Emil Heskey.

  20. BhoyinEngland on

    Apologies, part of my text just disappeared. what was missing was my view that since Ogilvie is not fit to hold office, then the same applies to Reagan. Simply hoping for these guys to do the right thing is just wishful thinking. The days when people resigned thing when found out doing wrong, or simply not being capable of doing the job in the first place, seems to be a thing of the past. These guys need to be forcibly removed from their exhaulted positions. Positions they have used and abused for many years. It does make you wonder, since Reagn is so supportive of Ogilvie, just what skeletons maybe lurking in the cupboard. Does Ogilvie have some sort of hold on Reagan? It is certainly not the behaviour of a respectable company.

     

     

    Hail Hail

  21. With a bit of luck and a lot of backbone from our footballing “authorities”……those headlines could soon be –

     

     

    ” Gers End My Brechin Hell, McGlumpher”

     

     

    ;)

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

    jungle jam67 on 7 June, 2012 at 12:17 said:

     

     

    every day i wonder when the hun will meet there doom?

     

     

    115 days of administration fo RIA

     

     

    20 weeks since the FTT case finished

     

     

    13 weeks since the spl asked all clubs about undisclosed payments

     

     

    how much feckin longer……..my ice cream and jelly is melting;(((((

     

    —-

     

     

    That must be one hot and sticky jungle, if your jelly is melting!

     

     

    childishcommentsCSC

     

     

    HH

  23. Jeezo, only got the job yesterday. r.i.p.

     

     

    Manolo Preciado has passed away Wednesday night at the age of 54 after suffering a heart attack in his hotel room in Valencia.

     

     

    The former Sporting Gijon trainer was only just appointed as Villarreal’s new head coach on Wednesday, and was due to be presented to the press and public on Friday.

  24. The Kano Foundation Euro 2012 Predictor

     

     

    eventually i work out how to do these things !

     

     

    Simply log onto

     

     

    http://www.sportguru.co.uk/euro2012/pool.asp?p=10018468

     

     

    with the following details

     

     

    Pool name: TKF Euro 2012

     

    Pool code: tuna lulu

     

     

    Currently we’re siting at 68 contestants and I’m hoping we can have the largest number of CQNers EVER joining in for an online comp – c’mon Paul67 – a wee push ! ;-)

     

     

    Remember the prizes include 3 drawings of Big Jock , Cesar and MON – the 3 most iconic managers in my lifetime , as well as a choice of Kano Foundation prizes

     

     

    http://www.facebook.com/media/set/?set=a.379240838800292.84328.117509731640072&type=1

     

     

    Sanna

  25. ¡ǝsoɥ ǝɥʇ ǝɯ ssɐd ‘sʞɔıʞ ʎןɟ ɥbnouǝ (o) /o\ z ʍoɹ on

    I said at the start of this fiasco (or is it a farrago?) that the bigger prize was the SFA clean out and not RFC (IA). I still believe that. I have no desire for our Board/Club to step into the RFC (IA) mess until the time is right, which to date it hasn’t been.

     

     

    However, it is worth questioning whether we as a Club have been making enough noise or asking enough questions in the SFA arena. The judicial process is a good step forward, but wider decisions, particularly about what goes to a panel is still outstanding.

     

     

    Regan appears to be unchallenged by the SFA Board or the other way around…… or perhaps both??

     

     

    Should Celtic be doing more in here?

     

     

    Surely the actions/non-actions of Ogilvie and Regan should now be being challenged? The only people who have access to create this challenge are our club representatives. It would appear that non-governance is being allowed to go unchallenged?

     

     

    The sting still appears to be proceeding. Have you paid your money yet and do you know what you’ve bought?

     

     

    HH

  26. Dontbrattbakkinanger on

    ‘Come and get me Celts!’ says want away Schalke ace Cristoph Metzelder

  27. Paul67 just read you’re leader and a fine one it is.

     

     

    It seems to me that Campbell Ogilvie is being shielded by person or persons unknown at the SFA!

     

     

    It’s almost as if they have something to hide, I wonder if EBT’s are in use at the SFA, all above board and legal of course.

     

     

    Hx2

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