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Cheats Do Prosper!
Topic Started: May 13 2007, 04:03 PM (409 Views)
valleyblue
Paul Tait
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franscar
May 13 2007, 04:32 PM
Forward62
May 13 2007, 04:12 PM
I agree with Dave Whelan, it's harsh on Sheffield United, but in the end they couldn't get an equaliser. Now that Wigan stay up, lets see if they pursue this

They are, along with Sheffield United, Fulham and Charlton.

Premier Leagur rules have a clause in them that states if any member of Premier League takes legal action against them that member will be suspended from the competition and could face expulsion.

So I reckon it's highly unlikely that Fulham or Wigan will take any direct action. I know Dave helan of Wigan has said he will back any action taken by Sheff U but I doubt it'll amount to anything more than being a prosecution witness.
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blueberry
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Frank Worthington
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This ain't over yet . . . . One third of the Prem clubs are taking West Ham to court. Justice must be done. Justice will be done. This article says it all:



Premiership
'We'll bankrupt you'


Jamie Jackson
Sunday May 6, 2007
The Observer

West Ham's joy at moving out of the bottom three of the Premiership for the first time since December was tempered last night when it emerged that a third of the Premiership's clubs are ready to go to court and possibly bankrupt the east London club should they avoid relegation.

Carlos Tevez, the man at the centre of the row that threatens the Premier League's stability, scored twice as West Ham beat Bolton 3-1 at a noisy Upton Park. Furious executives from four clubs - Sheffield United, Wigan, Fulham and Charlton - told Observer Sport last night that at least two others, not directly involved in the relegation fight, could join them in pursuing a legal action over what they consider to be 'a matter of principle'.

The clubs are fuming about a Premier League commission's decision to fine West Ham £5.5million - but not dock them points - for fielding ineligible players Tevez and Javier Mascherano, who are owned by businesses, not clubs, and for misleading all the other teams in the Premiership.

When the clubs met to discuss the issue last Friday, one course of action they considered was a legal challenge against the Premier League. But they appear to have no avenue open to them for such a move. 'They cannot appeal the decision because they weren't a party to it,' said Gerard Elias, a leading sports lawyer.

But the commission also found that West Ham had lied to League officials about the players' contracts, breaking rule B13, which states that 'each club shall behave towards each other club and League in utmost good faith'. It is this violation that allows any of the relegation-threatened clubs who believe their interests may have been damaged to sue West Ham privately. They can argue that by lying to and misleading the League, West Ham, in effect, lied to each and every rival club.

'A club might have a claim if they could establish that as a result of West Ham playing players they should not have done, the club was subsequently relegated, and if it could show as a result of that, that they have lost financially because they are in the Championship,' Elias confirmed.

If any club were to win an action directly against West Ham, it could spell financial doom for the London club, who already have hefty debts.

The independent commission found West Ham guilty of agreeing contracts that allowed third parties - the businesses that own the economic rights to Tevez and Mascherano - potentially to influence club and team matters, in violation of Premier League rule U18. While the fine is the most severe punishment in the League's history, there is widespread disbelief in the game that West Ham did not have points deducted.

The clubs are waiting for legal advice, which should arrive by late tomorrow or early Tuesday, before launching their action. If West Ham stay up, the clubs will back a legal claim for loss of Premiership status on behalf of any club who drop into the bottom three. They could claim up to £60m according to figures released last week by the country's leading football financial analysts, Deloitte. Even if West Ham go down, the clubs say, a legal case will go ahead regardless.

Last week, the Premier League's chief executive, Richard Scudamore, visited the clubs in an attempt to alleviate the situation, but met an angry response. One of the reasons given by the commission for not deducting points - despite finding West Ham guilty of dishonesty and deceit - was that the timing, so late in the season, would have meant 'West Ham would have certainly been relegated'.

Scudamore was repeatedly told by the executives that this was 'nonsensical'.

'If West Ham had been deducted 10 points in January that would have been catastrophic, too,' said a senior executive of one of the 'gang of four'. 'They would have known they were obviously going down. '

Dave Whelan, the Wigan chairman, said: 'There has been a large element of dishonesty here. The Premier League is in a bit of turmoil on rules, regulations and honesty.' A Fulham director, Stuart Benson, added: 'All the clubs should have their points reinstated [from games involving Tevez]. Every point lost is worth millions.'

Sheffield United, to back their case that West Ham gained an unfair advantage over them, will point to their 1-0 defeat by West Ham on 25 November in which Tevez started. Middlesbrough, who lost 2-0 on 31 March, with Tevez scoring the second goal, are another club who could feel they have directly suffered. West Ham have won 23 points from matches in which Tevez played, more than half of their total of 38, and the value of the player to their cause cannot be overestimated. He won 84.5 per cent of fans' votes for player of the year, 17 times more than the runner-up, Bobby Zamora. The Argentine underlined his value with his performance against Bolton yesterday.

'Make no bones about it,' said Sheffield United's chairman Kevin McCabe, 'we started looking into this as soon as the announcement came. It seemed to us that the tribunal did not take into any account the effect of playing those illegal players on the other clubs in the relegation battle. It seems only to have considered a breach of the rules and not the implications. It is also very odd that there was a very clear admission that West Ham had told lies.

'Now that one-third of the Premier League is together, it may have an effect on the League in terms of asking for a review of the decision-making process from the tribunal. That could lead to a different ruling. It seemed obtuse.

'West Ham have admitted that they fielded players illegally. Tevez is a brilliant player and that gives them an advantage. Hopefully Sheffield United will not be relegated, but we will support any club in whatever they might pursue.'

The offending part of Tevez's contract has been changed since the offences came to light, according to a West Ham official. Mascherano, who barely played for the club, has since moved to Liverpool on a legally acceptable contract and has helped the club to the Champions League final.

Another executive from the four confirmed that those above the relegation zone were considering their position. 'Clubs like arston viler and Middlesbrough are realising: "Hang on here, this could be us next season."'

Third-party ownership of players is common in South America. The agent Pini Zahavi, speaking to The Observer last November, explained how it works: 'The footballer, even if he belongs to a company or private business people, still belongs to the club, because by Fifa regulations the federative rights, the registration, belong to the club. A single person or company can own only the economic rights. If a company buys rights to a player when they sell, half or whatever share of the payment will be transferred to the owner of the economic rights.

'It's easier to buy a player who you are unsure about for £10million if you are sharing the risk with a partner. If the player becomes top-drawer and is sold for £30million, then you may feel stupid only to own half. But if the player turns out to be merely average or a failure, if he cannot even be sold, you will say: "Fantastic. The disaster was not only mine." '

The commission, in its deliberations on Tevez and Mascherano, stated that such contracts were not only contrary to Premier League regulations, but unenforceable in law because they were 'invalid as being in restraint of trade'.



:ph43r: :angry:
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franscar
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Mikael Forssell
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valleyblue
May 13 2007, 07:29 PM
franscar
May 13 2007, 04:32 PM
Forward62
May 13 2007, 04:12 PM
I agree with Dave Whelan, it's harsh on Sheffield United, but in the end they couldn't get an equaliser. Now that Wigan stay up, lets see if they pursue this

They are, along with Sheffield United, Fulham and Charlton.

Premier Leagur rules have a clause in them that states if any member of Premier League takes legal action against them that member will be suspended from the competition and could face expulsion.

So I reckon it's highly unlikely that Fulham or Wigan will take any direct action. I know Dave helan of Wigan has said he will back any action taken by Sheff U but I doubt it'll amount to anything more than being a prosecution witness.

Aye, but Premier League rules are there to be broken or observed depending on the weather and whoever it is intending to break them. If the smaller teams that have been affected directly by the injustices can manage to gain the favour of the big four, then there's no way the Premier League will take them on.

I highly doubt today is the last we'll be hearing of the Tevez and Mascherano affair.
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bluelowe
Steve Claridge
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Not got too much to say on this really,

The PREM were WRONG to only fine Waste spam, travesty in my opinion.

If I was Wigan and Sheff U, I would still persue legal action over it.

I am gutted as I think Waste spam will spend big and push on next season, meaning another place near the bottom up for grabs (those who think we will suddenley pick up and be mid table to UEFA chasing are very optimistic :0) )

I would have preferred to have a shef u than a waste spam to play next season thats all. YEs, w H have had a marvellous run of form a la Pompey last yr, and its Sheff U that suffered like we did, but it should not have been an issue for me, They cheated, knowingly and have gotten away with it.

Wll done the PREM :ph43r:





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proccy_blues
Joe Bradford
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the fact the prem league said;

1/ "We didn't deduct points because it would have been unfair on Wet spam's fans"
what about sheff utd fans? or wigan, if they'd gone down? to quote that as a reason for not deducting points is pathetic.

2/ "We didn't deduct points because of the delicate stage of the season"
so why not act when the allegations were reported? this was months ago, before the norwegian guy took over...they have bottled this and deserve to be pilloried, wet spam should now be preparing for cc league footy if there was any justice..... :angry:
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The_Bear
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Gil Merrick
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We all know that when push came to shove it was Trevor Brooking who engineered this!
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len77
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Garry Pendrey
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OK , this really peeeees me off . Put it this way if Manure hadnt have allready won the league and have lost out to chelsea on the last day due to a Teves winner......hmmm. Im sure fergie would take it with a pinch of salt
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leechy
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Frank Worthington
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The whole thing stinks, Manure rested big players and were blatantly playing it careful with the FA cup next week, I wish West Spam everything they deserve in the future, I reckon we should get Kaka for the last few games of next season, I mean we already know how much it will cost, unless the FA have a sudden change of heart and admit that they are a biased, corrupt and generally useless organisation that couldn't organise a knees up in a brewery.
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trueblue_benny
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tevez has probably been the differnce between sheff utd, wigan, charlton. he has scored 7 in the last 10. where as wigan signed Folan and sheff utd got Stead, they did it fairly, they got tevez got fined 5 and a half million stayed up and receive anything over 30 million now, it really doesnt seem fair. i cant stand warnock but its not on.
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proccy_blues
Joe Bradford
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fifa now investigating wet spam - come on blatter, send em down for cheating ffs...
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tim
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Malcom Page
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proccysotv
May 15 2007, 11:48 AM
fifa now investigating wet spam - come on blatter, send em down for cheating ffs...

:applause: hope so - hate Wet Spam with a passion! in fact, just wasting so much energy on hating them winds me up!

What I don't understand is that they will not receive any of the transfer fee (£30m +) when he moves - so who the **** will?

Surely if its the 3rd pary agent it means he still owns him? which makes the 'loan' a load of ******?

The FA have clearly given other teams a license just to flout the laws now!
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franscar
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Mikael Forssell
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Yes, basically Kia Jorabchian still claims to own the player, which if true would make the contract he has with West Ham, one that has apparently been verified, STILL illegal.

If I was Sheffield United, I'd be very interested in any legal documents he may have that prove he still carries the ownership of Tevez's contract.

I have also found Richard Scudamore's thinly veiled threats to those clubs seeking to take action especially galling. They are acting in the best interests of the integrity of the English game and have the backing of, if not all, then a substantial majority of football supporters across the country.
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tim
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Malcom Page
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The FA just can't change their minds now - as it will make them look like the idiots we know they are!

At least if FIFA force them to dock WH points - they can say it's not our decision.

They need to sort it quick though.
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keepthecityblue
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Frank Worthington
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They've got to be docked points so that it doesn't just undermine the whole league system - you cant break the rules that blatantly and get away with it!

Tevez was the difference between them and relegation. They had a thing in the Mirror yesterday of the games which Tevez turned - plenty of times he saved them recently.
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The Concerned Potato Head
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Big Bawss
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FIFA is just as corrupt as the FA, but if they DO fix that HORRIBLE injustice, then FIFA will be doing it's job as the governor of world football. i hope they investigates this thoroughly and can impose the CORRECT punishment unlike Trevor Brooking and his FA buddies


Quote:
 
Stuart Benson, added: 'All the clubs should have their points reinstated [from games involving Tevez]. Every point lost is worth millions.'



this should have been the punishment. it's fair. certainly a lot fairer than a measley fine which will seem like nothing to West Ham next season (they didnt even have to pay for Tevez and Mascherano) so for them it'd be just like paying a significantly discounted price on paying for them properly

the FA have been VERY stupid and clearly sentiment has overshadowed the duties to the game. clubs can go into financial crisis because of wrong decisions like this.

and i'm sick to death of hearing the phrase "it's best that it was sorted out on the pitch"

it flippin well wasnt, one team had a MASSIVE advantage because they were

1. not correctly docked points for breaking the rules

2. STILL being allowed to play the player (who almost single handedly helped them survive) despite not even being 100% sure on his contract

it just disusts me how the FA feel they can protect their favourite teams and disregard the 'smaller' teams like this TBH

if there is an online petition going around, i'll sign it because for the good of the game we can't allow this to happen again

btw, it's a shame Leeds were able find a loophole in regards to their points dock too < <
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