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. Auld Neil Lennon heid on

    I have just sent this to FIFA using their messaging facility at

     

     

    http://www.fifa.com/contact/form.html

     

     

    It might help the good governance cause if others would do something similar including Paul’s article.

     

     

    ” The recent involvement by FIFA in Scottish Football following a member club seeking redress in civil courts is but a symptom of a wider governance malaise that if not addressed could result in further FIFA v Civil Government clashes. The following article from

     

     

    http://www.celticquicknews.co.uk/?p=9476#comments

     

     

    paints the picture and FIFA would do well to investigate.

     

     

     

    Alarming corporate governance chasm at SFA

     

     

    Posted on 7 June, 2012 by Paul67

     

     

     

    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?

  2. Rangers fans given Charles Green assurances over Ibrox Stadium

     

    Prospective Rangers owner Charles Green has promised supporters neither he nor his consortium will mortgage or sell Ibrox Stadium or Murray Park.

     

     

    Green met the Rangers Fans Fighting Fund group on Wednesday.

     

     

    The RFFF say they “secured a commitment that he and his consortium will not be mortgaging nor disposing of any of the property assets”.

     

     

    Fans also discussed a proposal to rename Murray Park after club founder Moses McNeil or the late Davie Cooper.

     

     

    The training ground, which opened in 2001, was named in honour of Sir David Murray during his ownership of the club and supporters would be asked to vote on the new name when season tickets are renewed.

     

     

    Rangers currently await the outcome of a company voluntary arrangement proposal, which will dictate whether the club can continue in its present form.

     

     

    However, if the CVA is rejected Green plans to relaunch the club by transferring its assets to a new company.

  3. Steinreignedsupreme on

    archdeaconsbench on 7 June, 2012 at 14:59:

     

    wonkyradar on 7 June, 2012 at 14:48:

     

     

    It’s the Israeli approach. Play the victim even when you don’t have a leg to stand on.

  4. archdeaconsbench on

    Steinreignedsupreme on 7 June, 2012 at 15:04 said:

     

    I don’t think they are clever enough to adopt such a ‘tactic…’

  5. skyisalandfill on

    Would like to echo the oft expressed sentiments on here and say well done Paul for you best article yet. Cuts to the chase. Incisive.

     

    These cheats mustn’t get away with it. A route and branch reform of Scottish football is in fact to me the most important prize.

     

    Tin hat on but I would rather see that even with a weakened huns in the spl than see them suspended or relegated to Division 3 with the current SFA/SPL.MIBs still in place.

     

    Not sure if I’m expressing myself correctly here.

     

     

    C’mon EUFA n Hector

  6. So the bares are happy because Green has stated he will not sell ibrox or murray park. Anyone else find it hilarious that the bares actually need to be reassured of this.

     

     

    Stupid huns…

  7. The Honest Mistake loves being first on

    Paul67,

     

    As soon as the results of the tax case are published, Ogilvie, Regan and Doncaster are finished in Scottish football. They all know what the outcome of the tax case will be through prima facie results, personal experience and the contents of their bank accounts. They choose to stay in office even though they know that their positions are untenable.

     

    They are staying in their positions for a reason.

     

    If there is money available to start a newco rangers, I fully expect these three great administrators of our game to include the newco in the top division with little in the way of sanctions. Popular opinion, integrity and regulation mean nothing to these guys. Dollar bills, nepotism and rangers are what matter.

  8. …Adolf Hitler was for many years known as a highly respected administrator of genocide in Germany…

  9. archdeaconsbench on

    Can the huns transfer embargo still stand when they are up for punishment?

  10. Forget about all this hun stuff…or our high minded & conscientious outrage at their shameless prevarication…

     

     

    I’ve just ran out of bog roll.

     

     

    Now that is a crisis.

  11. BhoyinEngland on

    Wonkyradar 14:16 I apolgise is my use of the word Hierarchy caused you to get upset :-)

     

     

    I think we can all agree that as a result of todays behaviour by the SFA, and also of their previous inaction on this matter, there needs to be a completely new approach to the running of the game in Scotland.

     

     

    Having people who are trustworthy, honest, and reliable should be a given. I also believe that the people who form the basis of the new SFA should have a proven track record of actually being interested in football, rather than their own wallets.

     

     

    I also think representation of supporters would be a good idea. However, as somebody pointed out earlier, simply having just one guy (say the head of Rangers Supporters for example), would not be the answer. There would need to be supporters from several different clubs involved – Possibly someone like Paul67 would be an ideal candidate from a Celtic point of view. He would get my vote. Whoever they are, they, like Paul67, would need to be able to understand the running of a club. What business model to use for the benefit of football throughout the country, and have the ability to deal with the press. Knucle dragging, flag waving retards need not apply

     

     

    However you look at things, they simply cannot remain as they are. The brass neck of Reagan to defend Ogilvie defies all logic unless as I’ve previously stated, there are as yet some hidden skeltons in the closet.

     

     

    Hail Hail

  12. Another day of,”Move along,Timmy. Nuthin’ to see here…”

     

    Truly boak-inducing negligence and incompetence.

     

    When you see/hear Regan & The Donkey being interviewed it is stunning that they are allowed to smirk and lie with impunity and NO ONE takes them to task.

     

    Questions are asked,lies are proffered and NO ONE queries them any further.

     

    Amazing.

  13. lochgoilhead bhoy on

    dirtymac on 7 June, 2012 at 14:29 said:

     

    Sixteen roads to Golgotha on 7 June, 2012 at 14:16 said:

     

     

    “Were the Kellys etc really that incompetent and indeed financially inept and ultimately impotent? ”

     

     

    Yes they were incompetent, financially inept and (allegedly) crooks.

  14. Steinreignedsupreme on

    wonkyradar on 7 June, 2012 at 15:21:

     

     

    “Forget about all this hun stuff…or our high minded & conscientious outrage at their shameless prevarication…

     

     

    “I’ve just ran out of bog roll.”

     

     

    The only time a Scottish newspaper is handy really.

  15. Paul67

     

    Great header – Don’t get too frustrated though.

     

    Remember what auld Hercules did with the Hydra…..

     

    Aye, Wan heid at a time.

     

    We shall overcome.

     

    Teuchter

  16. 2 new names to look out for if and when the time comes:

     

     

    HMRC nominate Malcolm Cohen and James Bernard Stephen

     

    of BDO as joint liquidators of the Company and pursuant to Sect~on2 31 of the Act any ast required or authorised under any enactment to done by the joint liquidators may be done by

     

    all or any one or more persons holding office as joint liquidators

     

     

     

    The above taken from the Notice of Result of Meeting with Creditors. Issued by D&P.

  17. !!Bada Bing!! on

    VP-I will tell you my Bowie story when I see you,text you sent wont open as file too big.

  18. leftclicktic on

    Contact UEFA at uefa.com or no-repl@uefa.com

     

    I’ve never had a repl but hey ho I still email them asking them to look at what is going on in corrupt scotland.

     

    HAIL HAIL

  19. !!Bada Bing!! on 7 June, 2012 at 15:28 said:

     

    Don’t bother telling me .I hate falling asleep in the pub.:o)

  20. Zbyszek / Top Corner

     

     

    Many thanks bhoys, for trying to sort out my nephew for Ireland games tickets.

     

    Hopefully something will turn up in the next few days….if not they will have a fair old blast anyway….

     

     

    Hail Hail

     

    (and an Erin go Bragh)

     

     

    tully

  21. So RFFF have received assurance that Ibrox and Murray Park are safe. I’m sure ‘Our Hero’ also issued assurances. Only to renege on them saying that the situation was much worse than he’d been led to believe. What price on that happening again (if Green gets to take control, which is not a given).

  22. Last word : assets CANNOT be transferred to a ‘Newco’….not legally anyway. To do so would be FRAUD.

     

    But,after yesterday’s tripe from the sfa,and Ogilvie being allowed to remain in place and being lauded by his lodge minions,Regan & The Donkey,I give up.

     

    The game is a completet bogey,and no matter how much anyone objects the corruption will continue unabated because it is obvious for all to see now that it is part of the fabric of Scotland and is institutional. It’s over….the deal has been in place from the outset of this scandal and I will not bend my brain over this any more.

     

    It is impossible to argue with bigots,and completely institutionalised corruption.

     

    Impossibel.

     

    Adios.

  23. skyisalandfill on

    Guys. Sorry if a bit off topic.

     

    I’m a complete novice when it comes to gambling and you could count on the fingers of a simpsons character the number of times I’ve been in a bookies (beleive me, given my other addictions, this is a good thing).

     

    Howeva

     

    Just signed up to betfair ( Euro tourney iphone) on advice of a colleague (hun but not a rabid one) . They are doing a get £25 credit just for signing up.

     

    I did so and deposited £10 off my card and 40 mins later my account is only showing the £10.

     

    Anyone else been duped. is that the right word, by a hun today?

     

     

    HH

     

     

    SIALF

  24. leftclicktic on

    Teuchter ár lá on 7 June, 2012 at 15:26 said:

     

    Paul67

     

    Great header – Don’t get too frustrated though.

     

    Remember what auld Hercules did with the Hydra…..

     

    Aye, Wan heid at a time.

     

    We shall overcome.

     

    Teuchter

     

    +++++++++++++++

     

    Well said sir if we keep banging the door we will get results (eventually)

     

    THE GIFT THAT KEEPS GIVING is due to start giving again.

     

    keep up the great work Paul

     

    HAIL HAIL

  25. leftclicktic on

    Skyislandfill

     

    My bro told me to sign up but said I had to deposit £25 to get

     

    £25 of free bets.

     

    Dont know if yours is same offer

     

    HAIL HAIL

  26. skyisalandfill on 7 June, 2012 at 15:33 said:

     

     

    I did a similar thing with ladbrokes for the national. I had to chase them but I did get the credit.

     

     

    Check the small print, for any clauses eg it’s dependent on you making a bet or it takes a few days to credit onto your account.

  27. Auld Neil Lennon heid on

    Philbhoy – It’s just the beginning! on 7 June, 2012 at 14:39 said:

     

     

    In the movie Mars Attacks a nuclear missile is fired at the Martian Spaceship. They send out a trumpet like satellite with a rubber buld attached and when the nuke goes off the trumpet sucks in the explosion and returns to the mother ship where the high heid Martian takes a drag like its a spliff.

     

     

    I think Barcabhoy is on to something but I think the MSM trumpets have been deployed.

  28. skyisalandfill on

    Cheers Guys

     

     

    Duplicitous, doulble dealin, dunderheeded, rachin frachin hun

     

     

    HH

     

     

    SIALF

  29. BhoyinEngland:

     

     

    I think the word you referred to (i won’t say it for fear of turning Mr Hyde again) was a “stressor”. A trigger for an “unloading process”- a purgative we all need from time to time- particularly in the murky light of this whole brazen Hun/SFA scam.

     

     

    I concur with your sentiments wholeheartidly…we need a clean sweep of Scottish football before its too late.

  30. Headtheball on 7 June, 2012 at 14:48 said:

     

     

    I accept your opinion, but I wouldn’t share it.

     

    I think it’s our way of taking the piss as opposed to our direct experiences of the English fans such as the wrecking of the seats in Lansdowne road and the subsequent rioting.

     

    Rivalry between teams/fans/countries takes many forms. As long as their is no violence/sectarianism ect.. I don’t see the harm.

  31. Larkhall has won an anti-sectarian award in the same year they told Asda to change their colours from Green to Blue.

     

     

    The SNP doing everything they can to hoodwink the European Union in order to be accepted if independence is gained.

     

     

    10 years after independence we will be another Kosovo…

  32. MadraRua

     

     

    We will agree to differ then. As an Irishman, I just didn’t like it.

     

     

    Cheers.

  33. Campbell O “Good guy” copyright Regan Keevins Spiers FACT

     

    CVA is a goer copyright Donkey as told to him by D& F FACT

     

     

    Get over it and move on

  34. Headtheball on 7 June, 2012 at 15:27 said:

     

    2 new names to look out for if and when the time comes:

     

     

    HMRC nominate Malcolm Cohen and James Bernard Stephen

     

    of BDO as joint liquidators of the Company and pursuant to Sect~on2 31 of the Act any ast required or authorised under any enactment to done by the joint liquidators may be done by

     

    all or any one or more persons holding office as joint liquidators

     

     

    The above taken from the Notice of Result of Meeting with Creditors. Issued by D&P.

     

     

    ——————————————–

     

     

    So is this HMRC getting ready to ask the court to issue a winding up order? Can they do that to a company with a CVA vote pending, or are they just getting ready in the (likely) event it fails?