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. hamiltontim on 7 June, 2012 at 11:45 said:

     

    Paul67

     

     

    I think your assertion that this should be a political football is correct. However, Salmond’s inaction is not a surprise, if anything the comments which he has made in public have compounded the situation and only made the already cloudy waters murkier.

     

     

    I don’t believe that any amount of pressure brought to ‘bear’ on him would lead to him making any sort of statement other than ‘the fabric of Scottish society’ sort.

     

     

    Our allies will be found in the corridors of UEFA and FIFA not dingy cupboards in Holyrood.

     

     

    …………….

     

     

    Salmond will have been stunned with the amount of negative views he got hit with after opening his mouth in February. Also I’m pretty sure the SFA told him to shut up and keep out of it or FIFA would go mental.

  2. “Celtic have been given little encouragement to pursue interest in French wunderkind Bertie Le Bawbag as EPL giants Arsenal and Liverpool both prepare Big Money swoops for the talented teenager”

  3. The Provocative "H" on

    Paul67

     

     

    Not posted in a while but I’d like to tell you that I think this is one of the best articles you have written. It is surgical in its analysis and is a resounding critique of the state of play at the SFA.

     

     

    Congratulations.

     

     

    Mon the Hoops

     

    “H”

  4. emile hesky no thanks.any idea what celtic football club are doing regarding transfers, players leaving .oh is celtic still around , because everytime i come on here its all about rangers troubles.enough is enough,so come on somebody start talking celtic.rangers that will be sorted out by themselfs ,not by any celtic supporter on here,

  5. 'crushed nuts?' 'Naw, Layringitis!' on

    Politically scotland has become more centralised: national fire & rescue; police; education; social care have all been or are being removed from local political control.

     

    This has been done on the ‘economy of scale’ basis which has been shown, time & again to be flawed. The Metropolitan Police is a case in point. A vast, unaccountable behemoth that has been involved in corruption, racism, bribery, fitting-up and assaults/murders.

     

    Scottish football is another example of this symbiotic relationship. The SFA/SPL rely on the MSM for publicity, the MSM rely on the SFA/SPL for stories, the revolving door between SFA/SPL, the MSM and principally, RFC(ia), meand that despite overwhelming evidence, no action is taken against RFC(ia). Not only that but the coverage of wrongdoing has, with a few honourable exceptions, been confined to CW’s time in charge.

     

    Nobody in power has the guts to pull the plug, they’re all waiting for either the BTC to fall or a mug with more money than sense washes up and buys them.

     

    Journalists know that their meal ticket is being cancelled and the heady days of european freebies, succulent lamb and pre-written copy are over. They also know that they are deeply mistrusted by NFL and everyone else down Celtic way.

     

    It’s like the end of an adolescent relationship,

     

     

    It’s not me, it is you!

  6. Regan not fit for purpose.

     

     

    Campbell Ogilvie was not fit for purpose at rangers and is not fit for purpose now, he’s hardly the right person to conduct any investigation into the rangers EBT scandal which he was and is a part of, I understand he also benefited from these payments, what a shocking scandal for the Scottish football Association, are any of them fit for purpose?

     

     

    Hx2

  7. If it’s true that RIA will face no sanction for taking their case to the CoS, does anyone feel that the SFA might have done some lobbying on their behalf with FIFA? Campbell maybe?

     

     

    Gregory Loannidis seemed to think that Rangers would have to be seriously punished for doing what they did but, then again, he’s only an expert and not a member of the SFA.

  8. Paul67 can you pass on my good wishes for a speedy recovery to Myles McBride

     

     

    Great article by Sean a lovely lad he was a pleasure to work with as youth player, i have very fond memories of the whippet tearing down the wing in a youth tournament in France as the locals were shouting allez allez as opponent after opponent was passed.

  9. timbhoy2 on 7 June, 2012 at 12:37 said:

     

    emile hesky no thanks.any idea what celtic football club are doing regarding transfers…………

     

    ********

     

    Don’t worry tb2 player transfers will be sorted out by the CFC management team and board, not by any Celtic supporter on here.

     

     

    Hx2

  10. time for change on

    There is no Old Firm.

     

     

    Have little time these days to post but ry and keep up with what’s going on. Well written article Paul as always expected!

     

     

    I think some may be jumping the gun with the EBT’s (personal view) however, the SPL have appointed solicitors to investigate this allegation and their findings are still to be reported, until then no other action can be taken. If Stuart Regan maintains that Campbell Ogilvie has not sat on a board since Feb 14 then good! If he (CO) has given assurances and these prove to be false then SR can act not before.

     

     

    Whilst I cristcise the SFA alot sofar all their independent boards have come back with punishments which have been real and damageing to RFC (ia) who by forcing an appeal will probably be hurt again. sometimes patience is a virtue.

     

     

    I like the idea of indepentent scruitany and have asked SR if the SFA have an internal audit team if so what are they doing to provide Corporate assurance, if not what are the external auditors doing? Who are they and are they truly independent (no other football customers?)

     

     

    Hail Hail

  11. angelgabriel on

    Top article again Paul,the internet lunatics & bampots like your style.

     

     

    Is Eric Riley not our representative in the SFA ?

     

     

    The shameless attitude of Regan is staggering,matched only by the

     

    smugness of Ogilvie. When and who from our club will challenge this

     

    charade of incompetance. SFA.Your having a laugh.

  12. Paul

     

     

    just for clarity (and aplogies if I have misread) a clever aspect of the EBT is that loan falls and is struck off when the employee leaves the company. Therefore, CO no longer has any liability with the EBT. This is why on the surface an EBT would be ideal for any employee with an almost guaranteed short term employment. Obviously, Der Hun has fecked up with the implementation (for tax) and the registration (for SFA) but I can understand why it would superficially seem attractive.

     

     

    Irrespective of Regans mealy mouthed speech yesterday surely it is obvious, irrespective of CO being in the clear on a personal basis he must have know that RFCIA were running dual contracts throughout and that by not declaring the registration was incomplete they whould forfeit each match as appropriate.

     

     

    Despite all the evidence that has come out in the last 2 years he still has not answered this and he still clings to his job.

     

     

    Know doubt we are all still paranoid.

  13. 'crushed nuts?' 'Naw, Layringitis!' on

    bankiebhoy1 on 7 June, 2012 at 12:30 said:

     

     

     

    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”

     

    ——————————————————————————

     

    “End My Gers Hell” says anybody that loves football

  14. Another LL favourite- the contigent bad news Celtic story. One of my favouites dates from the Sunday Mail c 1991

     

    “McStay in drug probe”

     

    by Norman Sylvester

     

    Celtic captain Paul McStay’s cousin was at the centre of a drug probe last night when cops arrested his girlfriend for possession of cannabis after leaving a party at the unsettled skippers Lanarkshire home.

  15. thomthethim CQN (genuine) Badge Wearer on

    Belfast Celtic or Derry City.

     

     

    Life’s too short for any other messing about.

     

     

    You can’t change a system where there is no appetite for change.

  16. !!Bada Bing!! on

    Michael Kadlec leaves Euros in private jet,bound for Ross Hall medical,ahead of signing 4 year contract with the SPL Champions.

  17. !!Bada Bing!! on

    Regan is weak,and will fall with Ogilvie.I hope the Sion owner had an appointment with his lawyer this morning.

  18. saltires en sevilla on

    Paul67

     

     

    Wonderful stuff !

     

     

    The Battered Bunnet on 7 June, 2012 at 11:13 said:

     

     

    ” no evidence he is stupid or compliant”

     

     

    ‘aye he is Daft the right road’ ….As my dear granny liked to say .. God rest her.

     

     

    HH

     

     

    M

  19. macjay1 for Neil Lennon on

    Yeah yeah yeah

     

    BUT ….Focus.

     

    Forget Ogilvie ,Regan and offield histrionics etc. etc.for the moment.

     

    That can wait.

     

    What matters most is………….

     

    Fraser Forster.

     

    Sign today,Fraser.

     

    Please.

  20. 'crushed nuts?' 'Naw, Layringitis!' on

    ssn Chris hughton to mange Norwich – nae luck swally! ye hit the bar!

  21. Paul.

     

     

    Whilst I can kind of understand the boards silence regarding Rankers (they are imploding nice and slowly on their own) I am concerned about the silence on wider football matters around the SFA.

     

     

    As a member club they should have had much more to say at the last meeting. It is all well and good posting about the injustices we see two or three times daily on here but they should not and must not be allowed to fester any longer on here.

     

     

    Fans have paid good money to watch our team next year in a back ground of uncertainty, little idea of which teams will eventually make up the 12 team SPL to watch a game being driven into the ground by incompetent bigots.

     

     

    The time for typing is over. I am fairly sure you have more than a little influence at CP and our board should now show leadership. Not because it will drive the knife into our rivals but because we care enough about our club and the game in general to say enough is enough.

  22. Mr Regan Mr Ogilvie

     

    Mr Ogilivie may indeed not have known the full scale of what was allegedly going on as regards EBTs and Players Contracts, but the crux of the matter is, it was his job to know.

     

    Incompetence like ignorance in matters relating to the administrative malpractices at RIA will be no stout defence when the time eventually comes.

  23. Estadio Nacional on 7 June, 2012 at 11:27 said:

     

    Does anyone know if we get to the Champions League play off if there’s anything decided about who plays home first, the seeded team or non seeded team?

     

    ++++++++

     

     

    This season (just finished) had Copenhagen, BATE, Maccabi Haifa, Dinamo Zagreb and APOEL seeded in the CL Play-off; all bar APOEL played the first leg at home.

     

     

    From here

     

    Balls containing the seeded clubs will be placed in one bowl, with balls of the unseeded clubs placed in another. A ball will be taken from each bowl and placed in a large empty bowl in the middle, where they will be shuffled. The first team drawn will play its first match at home, against the second team drawn.

     

     

    Essentially, two clubs are drawn, then drawn again to see who’s at home first.

     

     

    H2

  24. playfusbal4dguilders on

    Seems fair

     

     

    Dalbeattie man Stephen Maxwell jailed over £600,000 tax evasion

     

    A man found guilty of avoiding tax and national insurance contributions totalling more than £600,000 has been jailed for five years.

     

     

    Stephen Maxwell, 53, of Dalbeattie, had denied committing the offence between April 1999 and May 2008.

     

     

    However, he was found guilty by a jury following a six-week trial at Kirkcudbright Sheriff Court.

     

     

    His jail term was backdated to March and a proceeds of crime hearing was adjourned until August.

     

     

    Maxwell was originally charged with avoiding payments of more than £1.7m.

     

     

    However, that amount was subsequently reduced and charges against his wife, Susan, were dropped.

     

     

    Maxwell, who was said to own offshore companies in the Isle of Man and Gibraltar, was also accused of putting assets beyond the reach of creditors, in particular HMRC, by purchasing Barncailzie Hall at Springholm, near Castle Douglas.

     

     

    Advocate Andrew Murphy said the scheme was not his client’s invention, but he had persisted in it for a number of years.

     

     

    He said Maxwell’s accountant and financial advisers had brought him into the offshore scheme which was the basis for the indictment.

     

     

    “Even to tax experts it is a law which is complex,” he said.

     

     

    “His error was maybe, at an early stage, he did not seek sound advice about the legality of the scheme and this was compounded by not being up front with the income tax and bankruptcy.

     

     

    “He made no effort whatsoever to make payment, and once into the scheme he did not seek a way of finding a way out.”

     

     

    Mr Murphy said Maxwell had simply “blindly carried on” and hoped not to be discovered.

     

     

    “He was obsessed with computers and it seems he had a high talent, which was probably wasted,” added Mr Murphy.

     

     

    “He revelled in solving computer problems and worked seven days a week and all his holidays.”

     

     

    Mr Murphy said that the scheme had not brought Maxwell financial rewards and he had lost everything, including his house in England and his house and estate in Dumfries and Galloway.

     

     

    However, Sheriff Kenneth Robb said he did not agree that nobody had been harmed by the offence.

     

     

    He said that in an age of financial constraints, £635,000 was a lot of money which could have helped the public purse.

     

     

    He told Maxwell: “You have enjoyed the fruits of your labour and the tax that you should have paid.

     

     

    “The tree may be bare, but you used the fruits over many years.”

     

     

    __________________________________________________

     

    I await similar punishment for others

     

     

    p

  25. RalphWaldoEllison fights ALS on

    Fine stuff Paul.

     

     

    You get the impression that they know that we know that they are in denial and trying to bluff this out.

     

     

    The clear inference from your article is that Ogilvie has absolutely no credible deniability during his period as a football administrator in Scotland. The nod and wink arrangements that form a huge part of Scottish society, allowed one club who cheated every other club, to have their man centrally placed in the governing body. There is absolutely no doubt that he has to go. His hands are not just dirty, they are maukit and his fingerprints are everywhere. If this were placed before a civil jury, they would find him guilty “on the balance of probabilities” of malfeasance in office and of being party to a scheme to advantage one club. Criminally, he could be held responsible for conspiracy to defraud and tax evasion over many years. I see from todays news http://www.bbc.co.uk/news/uk-scotland-south-scotland-18352528

     

    that a man with no connections can expect to be jailed for these offences.

     

     

    Ogilvie’s resignation should only be the start. Perhaps, the SFA are holding their line for fear of the domino effect if Campbell fell. It is the culture shift within the SFA that you allude to that really is essential. Ineffectual men determined to hold onto their little bit of power, exposes the kind of governance that has led to Scotland’s current status in the world of football. Barely a third tier international team, with no plan and no real leadership or proper governance in evidence. Suspicians of corruption and collusion with one club to facilitate its success.

     

     

    Political comment would be welcome, but being Scotland we know that they couldn’t stop there (as we saw around Feb 14). More than that from Holyrood would make Uefa and Fifa twitch, since it would then smack of government interference in football, something they seem keen to avoid.

     

     

    We need Marc Daly and Alex Thomson to continue their interest in this, because in this rotten borough, your analyses and comments will be dismissed by those with much to hide, as being baseless, biased and not unexpected.

     

     

    We know though, so thanks for what all that you do.

     

     

    HH

  26. macjay1 for Neil Lennon on

    Che on 7 June, 2012 at 13:07 said:

     

     

    Or,to put it another way:

     

    Ignorance is no excuse.

  27. Lennon n Mc....Mjallby on

    Paul67

     

     

    No messing about with that article,let’s hope its read far and wide and shames ‘certain quarters’ of Scotland.

  28. 67Heaven ... I am Neil Lennon..!!..Truth and Justice will always prevail on

    Ogilvie received a loan from the EBT, which he has not re-paid ….. Pardon the pun but he is, therefore, ‘up to his knees in it’ …….. Get thee gone, cheat !!!!!

  29. Michal Kadlec , that Czech?

     

    What a surprise. He was very, very close to sign for Celtic five years ago. I remember that Paul67 wrote article about him.

  30. Surely Bawface could be goaded into another outburst…………..

     

    problem is this issue doesn’t suit the MSM agenda……….

     

     

    Shameful.

  31. macjay1 for Neil Lennon on 7 June, 2012 at 13:11 said:

     

    correct

     

    and its no legal defence either.

  32. RalphWaldoEllison

     

     

    You are absolutely correct, Paul is doing his utmost to expose this sham but we need the wider audience to raise the pressurre. Daly and Alex Thompson can do this. O.G. are you hearing us?

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