Fiduciary responsibility and lack of candour

393

At the first hint Rangers illegally ‘won’ league titles, members of the board who made all the controversial decisions called-in all media favours to paint a picture of an innocent mistake being made.  Innocent mistakes are occasionally made when registering players, and have been known to cost clubs up to 25% of their annual income in fines, but Lord Nimmo Smith’s Commission will have to consider whether or not, on these many occasions, mistakes were innocent.

Former Rangers chairman, Alastair Johnston, without a hint of remorse, insisted that Rangers failure to properly register players under his tenure was no more than an oversight or administrative error, repeatedly insisting that EBTs had been disclosed to the club’s auditors and recorded in published accounts.

As everyone, apart from those Mr Johnston was happy to give interviews knows, there is nothing illegal with EBTs, nor are they incompatible with proper player registrations.  The key issue is whether side-letters existed and whether the club’s auditors and HMRC were treated with honesty and candour.

This is from the First Tier Tribunal decision:

“The Respondents submit that ‘the auditors had not seen the side letters, otherwise they would have been a matter of specific comment’ (para 124.3 of written submissions). It is not clear whether the auditors had actual sight of a side-letter when they made the reference to ‘the text contained within letters sent to individuals outlining their award’.

“For the year ended 30 June 2004, the auditors reported in KIM [Key Issues Memorandum] that Mr Purple had waived his right to his 10% transfer fee, and that a loan of £500,000 to Mr Purple from the Remuneration Trust was ‘unrelated from the contractual amount he would have been due’ (21/15/13).

“It would appear, from the evidence heard on Mr Purple’s termination payment, which is narrated in more detail under the section on ‘Termination Payments’ in my findings of fact, that the auditors had been told an untruth on both scores, regarding the waiver of the right, and the loan being unrelated to the contractual payment on transfer.

“The auditors were also told that the paperwork for Mr Purple was ‘mislaid’, (and therefore was not available for the auditors to inspect).

“Over the use of the remuneration trust, the auditors seemed to have been treated by the Appellants [Rangers] with the same lack of candour as accorded to HMRC.  The auditors did not seem to be privy to any (or much) of the documentation, and had not formed a view on the scheme other than relied on what they had been told by the management.”

We will have more on the fiduciary duties of Mr Ogilvie, Mr Bain and Mr McClelland, each of whom were directors of Rangers as well as the SFA or SPL, as well as those of Mr Johnston, in due course.  They had fiduciary responsibility to Rangers shareholders, and in the case of Mr McClelland and Mr Bain, to SPL shareholders.  This responsibility extended to ensuring information material to the operation of the company was disclosed to auditors and authorities, when required.  As for Mr Black (sic), we’ll deal with him another day.

As a part-owner of one SPL shareholder (Celtic PLC), this question has particular resonance.

We are busy pulling the next issue of CQN Magazine together.  If you would like to write an article, or take out some advertising , get in touch, article@cqnmagazine.co.uk.
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393 Comments

  1. philvisreturns @ 14 45

     

     

    ” a life sized chocolate model of myself ‘

     

     

    Don’t sell yourself short .

     

     

    I read this morning that Mario Balotelli has commissioned a life sized statue of himself for his new gaff in Milano.

     

     

    The sculptor will be Livio Scappella .

     

     

    Livio was quoted thus—–

     

     

    ” I have imagined him as an athlete from ancient times and the statue will be a mix of classical and pop style in platinum and colored bronze with the eyes made of stones”

  2. Anyone aware of any tasteless tunes in Stirling last night, or did the Sevonians behave themselves? Don’t see anything reported, but then again it probably wouldn’t be would it?

  3. Trying to get to sleep tonight will be up there with My Johnny 7 Gun Christmas of 1966. I’ve a feeling that copious amounts of alcohol will have to be administered to help the cause.

  4. Afternoon bhoys, as ever it’s hun free in the mountain valley.

     

     

    I will be astounded if anything like proper consequenses, let alone any form of punishment, is dished out to them.

     

     

    Being a betting man, I will wager that after the announcement from LNS, I will turn my back on the game in scotland.

     

     

    All the relevant parties will already know the findings, the sfa, the club chairmen etc, and especially CG, his silence is deafening, an adverse decision he would be bleating like a stuck pig imo, his silence does not bode well, we will see soon enough.

     

     

    But I suppose, I have had a good 50 + years supporting the Celtic, many ups and downs, will never stop supporting them, but won’t be able to support the game in scotland if they are not dealt with appropriatly.

     

     

    HH

  5. LIvyBhoy@1047

     

     

    The Cleater Moor Emerald bus picks up at the Gretna Inn as it is now called , it is a mixed pub with Celtic, Sevco(Although a lot of non travelling supporters) Man u and Liverpool use it and has been taken over by a nice couple who run it they also own the Solway Lodge Hotel just along the road from it.

     

     

    Gretnabhoy

     

     

    You will know it better than me regarding drugs etc this couple are doing there best to eradicate such dealings and i think it is not as bad as it used to be ,but then again this blight on society does not restrict these problems to Pubs and clubs.

     

     

    Oh and anyone travelling up or down the M74 it is a good stopping off point for food

     

     

    HH

  6. Hamiltontim

     

     

    13:46 on 27 February, 2013

     

     

    ‘So what happens if LNS imposes neither sanctions nor punishments???’

     

     

     

    More people will become disaffected and alienated from the game as it dawns on them that there is no integrity left and they would be better spending their time and money doing something else.

  7. smashy

     

    could tonight be the last match attended by some Celtic fans

     

     

    premium tickets me thinks o))

  8. Serie A’s Disciplinary Commission has fined Inter 50.000 euros after some of their fans racially abused Balotelli and Muntari during last weekend’s Milan derby .

     

     

    Same Commission fined Balotelli 10.000 euros for giving those Inter fans the finger .

  9. South Of Tunis – Meraviglioso!

     

     

    I salute Mr Balotelli’s heroic individualism and irrepressible eccentricity. (thumbsup)

  10. malarbhoy

     

     

    a good stopping point for food…

     

     

    do they do as good a roll n sausage as your lovely wife?

  11. The SPL began its own investigation into whether Rangers had broken its rules after the tribunal concluded.

     

    “The SPL board heard a report from its solicitors following the investigation into payments to, or for the benefit of, players allegedly made by Rangers FC outside of contract,” added the spokesman.

     

    “The delay in concluding the investigation was caused by an initial lack of co-operation from Rangers FC.

     

    “The investigation has now been completed and, in the view of the SPL, there is a prima facie case to answer in respect of its rules.”

     

    http://www.bbc.co.uk/sport/0/football/18496571

  12. 67Heaven ... I am Neil Lennon..!!.. Ibrox belongs to the creditors on

    Heard today, from a good source, that bhun very recently tried to buy (500) sevco shares……and 4 brokers told him “don’t touch them” ……….interesting……does anyone know anything related to this little scenario….????

  13. Gene's a Bhoys name on

    Tet

     

    Bad result for the vale last night hope you didn’t lose too much – as i said home form is poor – visiting teams play 5 in the middle against our 3 plus 2 wingers who don’t drop inside or cover. It always seems strange that our manager fails to see this until too late in the game.

     

    Did you enjoy el classico last night.

     

     

    Looking forwarg to watching the bhoys tonight

  14. ernie lynch 15:16 on 27 February, 2013

     

     

    For sure; pretty much the response I was attempting to get across to any interested parties!!!!!!

     

     

    HT………..Cheers

     

     

    All and sundry………Good-night……

     

     

    Regards & Hail Hail

     

    TBM

  15. blantyretim

     

     

    15:17 on 27 February, 2013

     

     

    ‘smashy

     

    could tonight be the last match attended by some Celtic fans

     

     

    premium tickets me thinks o))’

     

     

     

    Unlikely, but a good sales pitch nonetheless.

     

     

    Those inclined to walk away are probably no longer attending mid week league games.

  16. Gene’s a Bhoys name

     

     

    No, not too much, offset it with both to score in Barca, was sweating for a while mind you.

     

     

    It was interesting, a lot of the Barca fans are not happy, no plan B.

     

     

    Ha, I know a team from the east end of Glasgow that adopts that formation on occasion >}

     

     

    Any win tonight will do for me.

     

     

    HH

  17. dearest friends in Celtic, myself and three other travellers (bhoys on tour, not Pikeys) based in Swindon are seeking tickets for the Juve game next week. Would be grateful to anyone who may have a spare or now unable to make it to post back.

     

     

    HH

     

     

    Celtfish

  18. BT

     

     

    It was me that made the Sausages my lovely wife was wafting the smoke alarm as I was cooking a fullt pace to fill up you and PF

  19. why would the spl need a judge to tell them if players were ilegally registered or not

     

    dont they have rules?

  20. I have a bad feeling about tomorrow’s decision after what’s gone before in this sceptic isle and how come chuckles knew the date and is keeping his powder dry before unleashing the mother of all verbals tomorrow towards anybody and everybody not of a Hun persuasion.As someone posted on here its a massive day for the future of the Scottish game and I am sure Peter Lawwell and the board know this,attendances are falling markedly as it is and they will be aware that if sporting integrity is not upheld its over and crowds of 15 – 20 K will be commonplace in paradise HH

  21. The Exiled Tim @ 15 27 .

     

     

    ” a lot of the Barca fans not happy , no plan B”.

     

     

    I was amazed by the odds for an AC Milan victory .

     

     

    I was amazed by the odds for a Real victory .

     

     

    Surprised that the bookies were so convinced that Barca’s Plan A would work.

  22. philvisreturns

     

    14:36 on

     

    27 February, 2013

     

     

     

    I hope I don’t see a ghirl. I tried living as a woman once, but the periods were driving me mental. (thumbsup)

     

    ——————————-

     

    Sorry I dont believe you had the balls to do that!..[thumbsup]

  23. SmashingMilkBottles on

    OK…….

     

    (courtesy of Blantyretim)

     

     

    Erz yer awfeesho laast celic away tickets….buy wan and buy anither wan….only twa left.

  24. SmashingMilkBottles on

    SmashingMilkBottles

     

     

     

    15:51 on 27 February, 2013

     

     

     

    OK…….

     

    (courtesy of Blantyretim)

     

     

    Erz yer awfeesho laast celic away tickets….buy wan and buy anither wan….only twa left.

     

     

    or…

     

    2 left for tonight in the singing and dancing end…..first come etc…

  25. SoT

     

     

    I was more surprised at Real’s odds last night, Milan’s were on par with what I would have thought, but they sussed the way to play them.

     

     

    Lenny should be doing ok with royalties >]

  26. LNS has just been seen entering the SFA offices at Hampden carrying a black cap, a noose and a sword, wouldn’t read too much into it tho could be just another Masonic Lodge meeting.

  27. Malorbhoy Yes I heard that it had changed its name as a result of bad comments on one of the travel blogs and although I don’t know the couple from the Solway Lodge I have been in there for meals etc and its a decent bit. The Gretna Inn or Crossways as I and all people from Gretna know it used to be the only pub in the village as a result of State Management and was the first pub I had a legal drink in. We used to run across the border at ten o,clock to catch the extra half hour in England. JOHNNY L, who catches your bus is a good pal of mine.

     

    HH

  28. jjp-on

     

    15:07 on27 February, 2013

     

     

    Anyone aware of any tasteless tunes in Stirling last night, or did the Sevonians behave themselves? Don’t see anything reported, but then again it probably wouldn’t be would it?

     

     

     

    The green brigade couldn’t manage the game so there was no hate songs on view. Paranoid, stupid huns.

  29. iki,

     

     

    Indeed, the beginning of a very long chapter no doubt.

     

     

    I read previous comments about CG suspiciously knowing the date in advance and his eerie silence to date. This of course could also mean that he knows exactly whats coming, and he’s getting the hell out of dodge! (Craig Whyte style)