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. Steinreignedsupreme on

    Big Nan 16:40 on 27 February, 2013

     

     

    I think it was August 1976.

     

     

    The bother in Birmingham took place in a pre-season friendly.

  2. “The game would fragment and a complete rebuilding job would have to begin.”

     

     

    Estadio I’ve long since stopped being bogged down in the details because your above suggestion is what I think must happen.

  3. Anyone else worried Chuck knew 3 weeks back the verdict would be tomorrow.

     

     

    Desperately clearing the football debt prior to the verdict. What does that tell you about an agreement with the SPL/SFL being already in place.

  4. ASonOfDan

     

     

    I knew three weeks ago that February 28th was the date and Charles Green didn’t tell me. It was common knowledge amongst the ‘journalists’ of my acquaintance and came from inside the inquiry team.

     

     

    Hail Hail

     

     

    Estadio

  5. Steinreignedsupreme

     

     

    Thanks I did know the answer to my rhetorical question.

     

     

    I am surprised that a well researched article by Spiers in the Herald did not go to the trouble of getting his dates right. His powers of recall as a twelve year old boy remember the colour of Willie Waddell’s jersey that “sunlit” day in May which was actually a rainy winters day in October after the Rangers had rioted and had a match against Aston Villa abandoned that Waddell made his promise.

     

     

    But did the club walk the walk after Willie had talked the talk.

     

     

    Here is a video of the aftermath of the Birmingham riot:

     

     

    http://www.macearchive.org/archive.html?Title=25663

     

     

    Animals she calls them, surely not?

  6. Nan & steinreigned

     

     

     

    Mighta been the midweek game versus Dundee utd he was referring to.

  7. Is that Gershon playing today, the same guy from Brazils winning 1970 World Cup side? What a player we have here, if I remember correctly he played a stormer in the final and was instrumental in at least 2 goals……

  8. 67Heaven ... I am Neil Lennon..!!.. Ibrox belongs to the creditors on

    benthebishop

     

     

    16:28 on 27 February, 2013

     

    IMO They will be found guilty and will be stripped of titles.

     

    Apparantly Chas has said that the new kit sponsor will be announced the day after the decision.

     

    Could it be that there are two kit sponsors lined up. Maybe a major one if the decision is found in their favour and a minor one if the decision goes against them.

     

    Just a thought!

     

     

    >>>>>>>>>>>>>>>>>>>

     

     

    I agree …..LNS did say “without fear or favour”, and the evidence is all there…

  9. Check centre two page spread as well.

     

     

    A week or so later the whole of Ibrox roared out bile at a new high level as their team toiled against Aberdeen …. as a gesture of defiance to Waddell.

     

     

    The sign an RC plan was then consigned to the back burner.

  10. Gerry, I don’t get ‘info’ from them. I hear what they are talking about. They regard me as a nonentity who is not part of their intellectual circle.

     

     

    I do however listen as the drink bites their brain cell and their tongues take over their judgement.

     

     

    Sometimes I feed them stories….the best one which got printed was a few years back —–Celtic and Man U in swap agreement – Kennedy for O’Shea…..hook line and sinker!

     

     

    Hail Hail

     

     

    Estadio

  11. If they are found guilty the stripping of titles will follow as a consequence of each result becoming a 3-0 reversal.

     

    With that in mind what would be a suitable punishment, they have no money, so what.

     

    Revoke the license to play?

     

    If Chuckles agreed to take any punishment in order to get a license from the SFA will we hear him squeal, ” you can’t punish us for the sins of the old club, we’re a new club” hope so!

     

    Going to be an interesting afternoon, I’ll have to work hard in the morning to free up the afternoon.

  12. Lazy journalism from Spiers,he must know in this day and age information can be gleaned and checked very easily these days.

  13. I know we have been “surprised” by decisions relating to hun misdemeanors in the past but I too think it’ll be guilty as charged tomorrow with titles stripped.

     

    I think we’ll hear from Celtic tomorrow afternoon as well.

  14. !!bada bing!!

     

     

    17:00 on 27 February, 2013

     

    Sofia Vergara on Sky 1 just now……

     

     

     

    *****

     

     

    Who are they playing?

     

     

     

    It appears that the trumpeting of football debts all been paid, is connected to LNS’s findings.

     

     

    I just can’t join the dots.

     

     

    However, it suggests that the Ol’ Five Card trick is coming back into play, allowing them to continue with the Phoenix-ing of the corpse and punishment, if ant, will lie in the grace with the old bones………just as Craig Whyte predicted.

  15. Asonofdan

     

     

    Yeah mate, how did he know in advance when LNS would report, why the payment of debts?

     

     

    The positive side of me thinks justice will prevail!!!

     

     

    If not we are off to hell in a handcart, the game being the proverbial bogey!

  16. Bada Bing

     

     

    It is the amount of detail he puts into the story. Sunlit Saturday in May with Willie in the Red top! Except it was a rainy afternoon in October and Waddell was wearing a suit.

     

     

    Sloppy stuff from Spiersy, but then what do we expect?

     

     

    They have been getting away with it for so long they just think thet can write anything.

  17. thomthethim

     

    17:18 on

     

    27 February, 2013

     

    !!bada bing!!

     

     

    17:00 on 27 February, 2013

     

    Sofia Vergara on Sky 1 just now……

     

     

    *****

     

     

    Who are they playing?

     

    They got 2 big guys up top………:}

  18. Sir Paul

     

     

    Lord Nimmo..

     

     

    Hmmmmmm

     

     

    Not at all interested in this stuff..Kiddo.

     

     

    Ah’ve Given up oan all Maitters Relating tae the Humpty Dumptys.

     

     

    Ah only hive Eyes fur awe things.. Relatin’ tae the Team Ah Adore..

     

     

    And that’s the One and Only.. Celticfc.~

     

     

    Noo..let’s get talking.. Celtic..

     

     

    Ah see Darling Charlie hiz.a Glute Problem.

     

     

    An uncomfortable ailment.

     

     

    Howevahhhh.. Which Wan?

     

     

    Not well known, among the Non-Cognoscenti..

     

     

    But, Everybuddy hiz.. THREE.. Gluteus Muscles.

     

     

    Yep.. So..It could be eethur..the Medius, The Minimus.. or the well known. ..Maximus.

     

     

    Nae Maitter..

     

     

    As faur as Charlie Is Concerned..

     

     

    It’s jist a Pain in the Ass!

     

     

    Anywey.. moving oan..

     

     

    Whit.. still Nae Watt!

     

     

    Hmmmm..

     

     

    What’s going oan , wi’ .. Watt?

     

     

    Well.. Ah will settle fur.. Dylan..

     

     

    Dylan, showed very positive signs..in his last game.

     

     

    So.. Dylan Must Play..and ..

     

     

    Jamesie… the Tricky Twin Combo..

     

     

    These Two Youngsters.. Ah like A loater..

     

     

    Noo, Neil Don’t let me doon..

     

     

    Play the Weans.

     

     

    and.. gie.. Tom Terrific.. a wee bit longer game time..

     

     

    Ah know.. Ledley is Shakin in his Boots..

     

     

    Heck..It wull dae him the World of Guid.. Fur Joe turned in a Passably Good.. Game

     

     

    Fur a Chinge..agin the Dundee.

     

     

    Lookin’ forward tae Tonight…

     

     

    Kojo

     

    Still. Laughin’

  19. Seen this on TSFM

     

    ————

     

     

    Whilst I would be happy with ‘Guilty as Hell’ and title stripping, there would be some explaining to do down Govan way…

     

    Here is a gem extracted from RM site today;

     

     

    “If they strip us of any titles we should just resign from the league tomorrow. I don’t want to play in a corrupt system.”

  20. Expect a establishment whitewash from high noon on ! If honesty and integrity prevail the former deid clubs minions will go tonto ! The threats of violence and repercussions are tangible ! Have a horrible feeling that whatever the verdict her majesty’s constabulary will have all leave postponed this weekend ! Hope I’m so wrong !!!!

  21. Favourite Uncle

     

     

    ARCHBISHOP TARTAGLIA has been appointed acting CARDINAL for all of SCOTLAND.ex MUNGO BHOY.

     

     

    The Archbishop has been appointed Apostolic Administrator of St Andrews and Edinburgh. No such post as acting Cardinal exists. Being a Cardinal does not give one jurisdiction over any other diocese than the one to which one is appointed. At the appointment of an new Archbishop to St Andrews and Edinburgh the task of Apostolic Administrator ceases.

  22. Saint Stivs-Lord Nimmo Smith’s verdict of his SPL Commission into oldco Rangers will be published at midday tommorrow.

  23. Here’s my tuppence worth….

     

     

    Rangers are guilty and all games awarded 3-0 when illegally registered players played. This will result in titles being wrongly awarded, this will be corrected. No individuals will be named.

     

     

    Sevco will have no problem continuing playing as they are a new club, the 5 way agreement will be a thing of the past, the same as oldco.

     

     

    The Huns support will rage and continue to embarrass themselves further….investors will bail when they are allowed to sell and another admin event will occur.

     

     

    Meantime BDO will continue their investigation and it will take years by which time it will be impossible for any grateous alienation to take place as the newest tribute act will be so far removed.

     

     

    They will struggle for years in the lower reaches and will have to sell ibrox and Murray park, we will never play them in any league format….

     

     

    12 noon it is then….

     

    Kikinthenakas

  24. Regarding Willie Waddell and his ending of his clubs policy on RC’s. This man was as steeped in the hatred of RC’s as any on the terraces of Ibrokes, he was proud of their tradition( part of which was no RC’s) and said so often.

     

     

    My memory may be a wee bit hazy, however I remember going to a pre season tournament at Ibrokes with some Rankers friends of mine. I believe they had West Brom and a Dutch side and another english team. It was just after the Barcelona riot I think.

     

     

    What I do remember though was that Mr Waddell came on the pitch with a micraphone and did say that the club was fed up with the behaviour of the rowdy fans, I do not believe he said a minority.

     

     

    What happened next was a massive booing of this club legend and the chants of Waddell Waddell get to F***.

     

     

    They have never changed and they never will.

  25. Favourite Uncle your job description appeals to my liking for brevity and clarity.

     

     

    If ARCHBISHOP TARTAGLIA tells a priest to jump the priest will ask “How high” and then he’ll do it.

  26. estadio

     

     

    It was not reported anywhere by any journalist. why?

     

     

    I heard from a zombie because Chuck was telling them all when on his global tour.