Will Lord Nimmo Smith’s SPL Commission report this week? I’ve no idea, but as the day draws near it is perhaps worthwhile reminding ourselves of the relevant matters already established by the First Tier Tribunal, which, reportedly, Rangers ‘won’. We will have more excerpts as the week progresses.
The decision was anonymised, so names, such as Mr Black, Mr Violet and Mr Gold are not the actual names of the people involved.
Excerpts from The Decision:
“159
The suggestion made on behalf of Rangers that Mr Black’s involvement did not extend beyond concluding an outline agreement and a specific overall figure, was not borne out in evidence. Given that the burden of proof rested on the Appellants, there was a dearth of evidence available to support the Appellant’s contentions about the nature and stages of the process of agreeing “deals” on the engagement of footballers. Mr Thomson referred to specific individuals. All sub-trust monies had been withdrawn as “loans” except in the case of Mr Gold’s sub-trust.
The side-letters, while not disclosed to the SFA, were in reality part of the player’s contract with the Club.
The players expected to receive the monies paid into trust. Mr Violet believed that the purpose of the Trust was to suit Rangers. So far as he was concerned, his lawyer had reassured him that the arrangement was legal. However, according to Mr Thomson, given that the burden of proof rested on the Appellants, it had not been shown that the side-letter benefits were other than part of the contract of employment of the players.
When recently the tax advantage of trust payments had ceased for Rangers, remuneration due to Messrs Maidstone and Mr Guildford was made via payroll. Rangers had promised to ensure that even if the trust arrangements ceased, alternative arrangements would be made to give the players their agreed net pay. That crucially was the underlying reality.
160
Mr Thomson complained that it was difficult to ascertain whether the player’s contract of employment started with both the disclosed contract and side-letter being signed, or at an earlier stage and then reduced to formal terms, since the taxpayers had disclosed only limited documentation.
The over-arching contract was the contract of employment and the side-letter was part of it. No explanation had been advanced for its being a separate document. The inference was obvious: it was secret and not to be disclosed.
161
Side-letters, of course, had not been registered with the football authorities, the SFA and SPL. The spirit of their rules was that the whole contract terms should be registered.
Suspiciously, no evidence was led as to who decided that the benefits in terms of the side-letters should not be registered.
Non-registration of side-letters was incompatible with both authorities’ policing and disciplinary powers. For example any fines imposed on players would customarily reflect the disclosed wage.
Nondisclosure would thwart the authorities’ powers.
163
On any view, Mr Thomson argued, Rangers could have sought a ruling from the SFA or SPL about disclosure of side-letters but, clearly, they had chosen not to do so.
There was a conscious decision to conceal their existence, and that extended even to the Club’s auditors.”
This evidence clearly establishes the conduct by Rangers in relation to side-letters and player contract registration, the SFA and SPL rules, and Rangers detrimental action on the football authorities powers.
More than this, the matter of concealment is addressed, from both football authorities and the club’s auditors.
While “suspiciously, no evidence was led as to who decided that the benefits in terms of the side-letters should not be registered”, the SFA president, who was a Rangers director when EBTs were introduced, declared himself “somewhat vindicated” by this decision. You may feel otherwise.
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Estadio
Anyone who manages to squeeze “perspicacity” into a sentence on this blog deserves to listened to…..
Most certainly word of the day thus far.
I could have this wrong but isn’t paul67 arguing within the registration of players and sfa’rule and regs’ context rather than tax issues.
https://dl.dropbox.com/u/94402337/EBT%20side%20letters%202.jpg
A side letter for your perusal.
Skål
ESPN = Excrementing Sevcovians Pollutes Network
BSR-New series of Mad Men ,10 th April,Sky Atlantic………..
The MSM is utterly contemptible.But then, you know that already.
Time and time again, they have actively downplayed the scandal at Sevco, if they report it at all of course.
Completely innocent unless you manage to present evidence so overwhelming that even the combined power of the press and all the political clout of the Masons can’t keep a lid on it.
However, C O’B is accused, tried, convicted and sentenced in an instant.
Now, I, of course, do not know C O’B’s guilt or innocence. But, that report on BBC World is scandalous.
Every single word presuming he is guilty as charged.
He must be, of course. He resigned didn’t he?
No mention that he actually resigned last November.
No detail of what he is actually accused of. Just innuendo of “inappropriate behaviour”.
The public perception is that any accusation against the Catholic Church and it’s priests must be true and they are guilty, sine die.
Yes, the Catholic Church has behaved very badly with regards to this whole subject.
However, that does not make every priest a paedophile or a closet paedophile as the MSM portray.
It amazes me that any young man would want to become a priest. All it would take is for someone to point the finger and your life is instantly flushed.
Whilst it must be a truly awful thing to be the victim of abuse, I doubt there are many families around who are not touched by it in some way, it is also awful to be assumed to be an abuser simply because you are a priest.
Wasn’t it only last week that Paul McC’s invitation to appear on a chat show was withdrawn in the name of presenting a balanced show.
When was the last time you saw a balanced report on anything to do with the Catholic Church?
As I said, contemptible.
RaRaRasputin
“The Club undertakes to fund the MGMRT to the extent necessary to permit the trustees of the MGMRT to carry out this recommendation ”
An undertaking to fund a contractual entitlement, all admitted and detailed in the FTTT judgement.
I’m not a lawyer, however this should have had a page all to itself , in 64 point type, in the submission of evidence to LNS……“Prima Facie ? more like Praevaricor Scelestus
” I’m losing my perspicacity ”
Lisa Simpson
Hugh Jackman robbed.
Bada
Looking forward to it – Rick Rolled
Barcabhoy
Yeah I agree on the face of it, it looks pretty damning. However, if you wanted to put your blue tinted spectacles on you could argue that none of the money placed into trust has actually ever been “paid” to the players involved.
From the FTT report you could conclude both that:
– Rangers had a contract with the player to fund the trust to an agreed extent; and
– The trustees never paid the players a penny, except through loans that are at least in theory repayable.
So, room for lawyers to rack up some bills for the RFFFFFF in there.
Mea Culpa
I believe the Cardinal intimated a wee while back that he would be retiring on his 75th birthday……and going to live in Dunbar.
Unfortunately, because the Catholic Church, throughout it’s ranks are fairly well known for “cover ups” when crimes against children were committed, i wouldn’t expect the msm to respond any other way.
Innocent until proven guilty.
Or so they say.
Celtic should have a website where ST holders who don’t go can sell their tickets for £5 and you can print off at home. Simple!
@mark_kane
Do us a favour Smudger. SHUT UP!!!!!
Estadio @14:36 thanks. I’m not deliberately outre. Just instinctively devious.
I’m gong to a fancy restaurant tonight with someone who “just wants to run something past me.” He knows me and how I think. I haven’t a clue what it is but he told me it could be an earner.
Ntassoollissima
bsr
Brill idea btw!!!
How’d did that horse get on in the 2.20?? Is it canned yet?
Mea Culpa ——
Man described as ” a Vatican expert ” gave a very explicit description of what he is accused of [ on Sicilian radio ]
Sicilian Radio Newsreader quoted a Vatican source stating that The Vatican would be issuing a statement..
Italian media have been speculating [ for weeks ] about there being a number of big problems for the Vatican in the pipeline ..
I saw a Vatican spokesman on Italian tele last night —– he was stating the Vatican’s concern re rumor / gossip and unsubstantiated allegations.
barcabhoy,
a not inconsequential observation on your statement:
“there are numerous examples of side letters promising bonus payments through EBT”.
I’ve not seen any that do that. I’ve seen side letters which promise to fund trusts and sub-trusts with varying amounts and in varying circumstances. The question of “payment” relates to the arrangements in cumulo, rather than the side contract guaranteeing funding of the trust. What saved RFC(IL) at the FTT(T) was the machination in between the funding of the sub trust and the receipt of funds by the players. The tribunal found that there was, firstly, sufficient discretion on the part of trustees to agree to provide loans, and enough of an expectation that loans would be re-paid either inter vivos or mortis causa that they did not constitute “payment”.
The SPL inquiry is into undisclosed payments in the first place, undeclared second contracts in the second place, and failure to co-operate in the third place. I think the second ground has much more chance of succeeding thatn the first, particularly subsequent to the FTT(T). We should be aware that the sanction for not declaring second contracts has been a moveable feast over the period for which RFC(IL) are being investigated. Titles 2009, 10 and 11 are much more vulnerable than those in 2003 and 2005.
As for Mr Black, he denied that the scheme was for tax avoidance in cross-examination, though he went on to describe the scheme as ‘a method of us acquiring, especially football wise, better players in a more cost effective manner than we would be able to do so’; that the club had been ‘very ambitious at that time’; and ‘it was seen as a correct and proper way for us to proceed’; that Rangers ‘have been very successful, because we’ve been able to attract players of a certain standard that, perhaps, we may not have been able to otherwise’ (Day 5/126).
Mr Black’s identitu is, of course, disguised, and I have no idea who he might be, although I note that he is descvribed as teh entrpreneurial visionary behind the group of companies, and had been invomved in signied 350-400 players during his 20 years at Rangers
bournesouprecipe
Best idea I have heard in years.
With one stipulation…the money goes to the club, and not the ST holder! Otherwise, there is too much of a disincentive to persons buying ordinary match day tickets.
Philvis
Ah see ye are trying tae understaun Economics.. as she is practiced..
‘
In Modernity? Modernity?.. easy fur Me tae say…
Look..right noo.. at his very time, in the history of the world…
This is the era of… Finance by the Fiat..or..if ye like..
Print , Print, Print ..the Boys are ..well.. Printin’!
Ma Advice.
Lie back..and Enjoy it, Dinna Fash..
Like.. Lord Keynes averred..,
“In the Long Run.. we wull be awe Deid…Anywey! ”
Right?
Kid.. How ye live yer Life..only matters tae.. YOU.. No Me..or …He or She…
Dinna worry aboot ..Posterity.. or.. History.
Jist how YOU Are Daeing.. the
NOO!!
Ask yersel.. This Question..
“Am Ah living Bettah than .. Ma Parents did,at this time in Thur Life… Comparatively Speaking??”
If ye are Honest..
The Answer must be..
“Och , Aye. Absolutely.”
and if ye are No Honest..
The Answer must be.. well..
The Same!
Fur, ye canny be .. well…Honest.
if.. ye are ..well.. No Honest.
Na Maitter..
Ah know .. that Ah am Daein.. jist Fine..
So…
That’s Awe that coonts…tae me.
Right?
Damn Right!
So.. Kiddo..like Ah say..
Jist
Lie Back..And Enjoy yer life..
Next time when You . Come Back .in yer next Re-Incarnation..
Ye wull find oot. that..
Ah wiz right..
Things wull .. be even Bettah..
so, awe that worryin’ aboot ..how the country is Going tae the Dugs..
ye are daeing , the noo..
Is a Complete and Utter Waste of yer Precious Time.
Kojo
Still Laughin’..
jude2005 is Neil Lennon \o/
4th. Hardly in it but nearly got up near the end. Poor run out to be fair.
LB
Who’s Hugh Jackman?
RaRaRasputin
Or put another way…..
Rangers gave a bag of cash to a “well known Glasgow businessman” who handed it over to the players in a “well known Glasgow watering hole” .
Nods and winks and side letters ensured nobody was worried about ever having to pay anything back, and the “well known Glasgow businessman” gets his own envelope for his trouble.
Thats the street version of what happened, using trustees and lawyers. Somehow I don’t think that the defence of “it didn’t come directly from me ” would wash in a criminal court, and neither should it in a tribunal
Good Lord! My Tpynig id aatroxiuos todya
LiviBhoy
Hope there was 5 runners.
Bournesrecipe and GerryGUK7
Barca have this scheme in principal. Its called Sienta Liure, and the club and SB Holder share the revenue generated by an onward sale of a seat. It’s on the Barca web site, although not sure how its accessed by non socio’s
The Battered Bunnet
Good Lord! My Tpynig id aatroxiuos todya
sɯǝlqoɹd ʇoƃ ǝʌ,noʎ ʞuıɥʇ noʎ
nail on head breaks hammer
http://www.onfieldsofgreen.com/why-dont-you-just-go/
Mea Culpa
Spot on m8, well said
Barcabhoy
15:32 on 25 February, 2013
‘Bournesrecipe and GerryGUK7
Barca have this scheme in principal. Its called Sienta Liure, and the club and SB Holder share the revenue generated by an onward sale of a seat. It’s on the Barca web site, although not sure how its accessed by non socio’s’
Presumably requires a waiting list for season books for it to work.
Otherwise next season thousands don’t renew expecting they can get tickets for every game for a fiver.
Phyllis Dietrichson
14:37 on
25 February, 2013
Barcabhoy – did your “nuclear” story ever get released?
———————————
If Peter Lawwell has Jan 2009 on his tombstone Barcabhoy will have the word “nuclear” on his.
Why, whenever he makes an appearance is this matter raised?It happened on TSFM a few days back. I’m pretty sure if something nuclear had detonated we would all have noticed.
Can we cut the guy some slack?
“Sevco manager Ally Absolutely believes the club`s supporters should be issued with a safe songsheet outlining just what chants are and are not acceptable.”
How many times do these dimwits have to be told?
I think BSR’s suggestion offers an incentive both to non-ST holders to go the match and to those who wish to buy season tickets a chance to defray some of the cost.
A “win-win” situation for the fans.
The club have already been paid. In advance. Earning interest. They have sold the contract to make money on credit provided to buy season tickets.
A 3rd bite at the cherry is lawwell-speak. At least he can claim it’s his job to look after the shareholders.
bournesouprecipe
12:18 on
25 February, 2013
“We could charge more than £104. Lets say we charged £300. We’d get £2m more in income, but whats £2m to us ? In a tranfer discussion you argue about that sum for five minutes. But the difference between £104 and £300 is huge for the fan. We do not think the fans are like cows, who you milk. Football has got to be for everybody. Thats the biggest difference between us and England”.
Uli Hoeness Bayern Munich
Is he seriously suggesting that Bayern Munich only have 10,000 season ticket holders?
Either that or he shares Challs Green’s flair for figures. :)
The huns actually had a system,if you can’t make a game,give the ticket office 72 hours notice.Your seat is then re-sold and you got a £10 credit towards next Season Ticket.Makes sense tae me,though i’m sure they would have some sort of scam involved in it.